South Dakota § 11-2-17.8 - Zoning determination--Well.
Full text of South Dakota South Dakota Codified Laws § 11-2-17.8 — Zoning determination--Well., with citation guidance and answers to common questions.
§ 11-2-17.8. Zoning determination--Well.
When a well is at issue in making a determination for the implementation of a zoning ordinance requirement, the zoning authority must determine whether the well is an established well that has not been abandoned.
A well that is either abandoned or not established, or both, must not be used as a basis for denial of the zoning determination.
Terms used in this section mean:
(1) "Abandoned well," a well in such a state of disrepair that its original purpose cannot reasonably be achieved or that has not been used for water production in the past two calendar years;
(2) "Established well," a well for which:
(a) A well completion report is on file with the Department of Agriculture and Natural Resources; or
(b) The owner of the well files a sworn affidavit with the register of deeds on the legal description of the property in the county in which the well is located affirming that the well has been used for water production for more than one week in each of the two calendar years preceding submission of the sworn affidavit; and
(3) "Well," an artificial excavation or opening in the ground, made by means of digging, boring, drilling, jetting, or by any other artificial method, for the purpose of obtaining groundwater.
Source: SL 2024, ch 41, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 11-2-17.8
What does South Dakota Codified Laws § 11-2-17.8 cover?
Section 11-2-17.8 ("Zoning determination--Well.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 11-2-17.8?
A common citation format is "South Dakota Codified Laws § 11-2-17.8" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 11-2-17.8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.