South Dakota Code — 38
Browse 709 sections in division 38 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 38-1-1. Department continued--Office--Service of process--Seal.
- § 38-1-1.1. Department continued--Performance of functions.
- § 38-1-2. Secretary of agriculture and natural resources as head of department--Appointment.
- § 38-1-3. Oath of secretary.
- § 38-1-4. General duties of secretary.
- § 38-1-11. Executive assistants--Oath.
- § 38-1-12. Employment of inspectors and other employees.
- § 38-1-13. Terms of office of executives and employees--Discharge--Salaries.
- § 38-1-14. Traveling expenses of departmental personnel.
- § 38-1-15. Secretary and executives devote entire time to office--Restrictions on holding of other office.
- § 38-1-16. Promulgation of rules.
- § 38-1-18. Promotion of agricultural interests--Experimental and extension work--Marketing of farm products.
- § 38-1-18.1. Grants and donations for promotion of and service to agriculture--Deposit and expenditure of funds.
- § 38-1-19. Collection and publication of agricultural and marketing statistics.
- § 38-1-21. Department as bureau of statistics--Dissemination of information--Cooperation with other agencies.
- § 38-1-24. Publication of promotional materials--Exhibits.
- § 38-1-26. Cooperation with State Fair Commission.
- § 38-1-29. Apiaries and bees.
- § 38-1-30. Cooperation with commissioner of school and public lands in forest protection.
- § 38-1-32. Regulation of nursery stock.
- § 38-1-36. Cooperation in protection of fish and game.
- § 38-1-37. Cooperation and coordination with other departments--Preventing duplication of effort.
- § 38-1-38. Representation of agricultural interests before federal agencies.
- § 38-1-38.1. Principles of state before federal government.
- § 38-1-40. Prosecution by secretary of violations--Security for costs not required.
- § 38-1-44. Definition of terms.
- § 38-1-45. Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.
- § 38-1-46. Request that secretary collect samples--Secretary's designee--Fee--Notice of sample taking.
- § 38-1-47. Patent holder may seek protection order--Limitations.
- § 38-1-48. Samples--Where taken.
- § 38-1-49. Promulgation of rules.
- § 38-1-50. Results to be sent to both parties by registered mail--Time.
- § 38-1-51. Information received by secretary not public records.
- § 38-5-1. Agreements with federal government for annual census--Purpose.
- § 38-5-3. Duties of other public officers and employees.
- § 38-7-1. Policy of state--Purposes of chapters 38-7 and 38-8.
- § 38-7-2. Definitions.
- § 38-7-2.1. Division of Resource Conservation and Forestry created.
- § 38-7-2.2. Repealed.
- § 38-7-2.3. Conservation districts--Department oversight.
- § 38-7-3. State Conservation Commission established.
- § 38-7-3.1. Commission administered by department--Functions retained by commission.
- § 38-7-4. Composition of commission--Appointment and terms of members--Vacancies.
- § 38-7-5. Conservation district supervisor member areas.
- § 38-7-6. Nonvoting members of commission--Tenure of office.
- § 38-7-7. Accommodations, supplies, and equipment for commission.
- § 38-7-8. Record of commission actions--Seal--Powers.
- § 38-7-9. Quorum of commission.
- § 38-7-10. Chairman of commission--Delegation of powers and duties.
- § 38-7-12. Employment of personnel by division--Legal services.
- § 38-7-13. Record of proceedings kept by division.
- § 38-7-14. Detail of personnel to division by other state agencies.
- § 38-7-15. Assistance in carrying out of district programs.
- § 38-7-16. Interchange of information between districts and division.
- § 38-7-17. Coordination of district programs.
- § 38-7-18. Assistance provided to districts by federal and state agencies.
- § 38-7-19. Dissemination of information--Encouraging formation of districts.
- § 38-7-20. Authority to represent districts--Develop conservation policy--Cooperate with public and private agencies.
- § 38-7-21. Recommendations on programs of local, state, and federal agencies and subdivisions.
- § 38-7-22. Provision of funds and assistance to districts.
- § 38-7-23. Accounting and financial reporting procedures by districts.
- § 38-7-24. Request to Legislature for appropriations.
- § 38-7-25. Coordinated natural resources conservation fund created--Purposes.
- § 38-7-26. Source of money in coordinated natural resources conservation fund.
- § 38-7-27. Coordinated natural resources conservation program established--Promulgation of rules.
- § 38-7-28. Administration of coordinated natural resources conservation program.
- § 38-7-29. Natural resources conservation award--Program established--Eligibility--Selection.
- § 38-7-30. Natural resources conservation award--Sign--Promulgation of rules.
- § 38-8-1. Filing of petition for organization of district--Number of signers--Contents--Consolidation of petitions.
- § 38-8-2. Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory.
- § 38-8-3. Factors considered in hearing on petition for organization of district.
- § 38-8-4. Determination of need for district--Establishment of boundaries.
- § 38-8-5. Determination of no need and denial of petition--Time for filing new petitions.
- § 38-8-6. Consideration of administrative practicability and feasibility of district.
- § 38-8-7. Referendum on creation of district--Form of ballot--Right to vote.
- § 38-8-8. Timing of referendum on creation of district.
- § 38-8-9. Conduct of election on creation of district--Certification of results.
- § 38-8-10. Notices and conduct of hearings and referenda--Procedural regulations--Referendum not invalidated by informalities.
- § 38-8-11. Vote required to authorize creation of district--Extent of participation in voting required.
- § 38-8-12. Publication of referendum results--Determination and recording of administrative practicability and feasibility.
- § 38-8-13. Factors considered in determining administrative practicability and feasibility.
- § 38-8-14. Time for filing new petitions after denial of district.
- § 38-8-15. Election of initial supervisors--District as governmental subdivision.
- § 38-8-16. Application filed with secretary of state by elected supervisors--Contents--Accompanying statement by commission.
- § 38-8-17. Filing and recording of application and statement--Issuance of certificate of organization.
- § 38-8-18. Certificate of organization as proof of establishment of district.
- § 38-8-19. Petition for inclusion of additional territory--Procedure.
- § 38-8-20. Inclusion of additional territory by amendment of charter--Notice and hearing.
- § 38-8-21. Resolution to include additional territory--Effective date.
- § 38-8-22. Petition for combination or division of districts--Number of signers--Form.
- § 38-8-22.1. Governing board resolution for combination or division of districts--Vote at general election.
- § 38-8-23. Commission hearing on combination or division of districts.
- § 38-8-24. Determination of administrative practicability and feasibility of combining districts.
- § 38-8-24.1. Petition for referendum on organization of district--Commission action on petition.
- § 38-8-25. Appointment of supervisors for reorganized district.
- § 38-8-26. Certificates of organization for new districts--Certificate of dissolution--Assets and liabilities revert to new district.
- § 38-8-30. Petition for boundary adjustment between adjoining districts.
- § 38-8-31. Notice and hearing on boundary adjustment between districts.
- § 38-8-32. Determination of administrative practicability and feasibility of boundary adjustments--Factors considered--Notice to districts.
- § 38-8-33. Application to secretary of state for certificate evidencing boundary changes--Accompanying statement by state commission--Issuance of certificate.
- § 38-8-34. Petition for change of name of district--Action by state commission--Issuance by secretary of state.
- § 38-8-39. Composition of district governing board--Number and qualifications of supervisors--Notice of available district offices--Nominating petitions--Election procedure.
- § 38-8-42. Terms of office of district supervisors.
- § 38-8-43. Removal of supervisor from office.
- § 38-8-44. Filling of vacancies in district board.
- § 38-8-45. Chairman and officers of district board--Quorum--Majority required for actions.
- § 38-8-45.1. Meetings and hearings of district supervisors open to public.
- § 38-8-46. Compensation and expenses of supervisors.
- § 38-8-47. Employment of personnel by supervisors--Legal services--Delegation of powers.
- § 38-8-48. Surety bonds required by district supervisors--Record of proceedings--Financial reports.
- § 38-8-49. District as governmental subdivision and public body--General corporate powers.
- § 38-8-49.1. Budget estimates of operating and maintenance costs submitted to counties--Determination and apportionment of costs--Funds derived from general county fund.
- § 38-8-50. Comprehensive district plans for conservation of resources--Programs and practices included.
- § 38-8-51. Advice and consultation with political subdivision governing bodies.
- § 38-8-51.1. Cooperation with political subdivisions in implementing area-wide waste treatment.
- § 38-8-52. Cooperation between districts.
- § 38-8-53. Conservation district special revenue fund established--Purpose--Continuous appropriation--Promulgation of rules.
- § 38-8-53.1. Conservation district special revenue fund available for loans to watershed districts.
- § 38-8-54. District power to receive loans from special revenue fund.
- § 38-8-54.1. Borrowing funds and pledging credit of district authorized.
- § 38-8-55. County contributions to districts--Financial statement filed with county commissioners.
- § 38-8-56. Notice and hearing on county contributions to districts.
- § 38-8-57. Annual report filed with county contributing to district--Publication of report.
- § 38-8-58. Acquisition, administration, improvement, and disposition of property by district.
- § 38-8-59. Exemption from general laws applicable to public property.
- § 38-8-60. Construction, operation and maintenance of structures by district.
- § 38-8-61. District conservation measures on public and private land.
- § 38-8-62. Administration and management of projects--Acceptance of contributions.
- § 38-8-63. Cooperation with and aid to other public agencies or land occupiers in conservation measures.
- § 38-8-64. Assistance to land owners.
- § 38-8-65. Contributions and land-use agreements required as conditions to assistance provided by district.
- § 38-8-90. Petition for dissolution of district--Number of signers--Public meetings and hearings.
- § 38-8-90.1. Governing board resolution for dissolution of district--Vote at general election.
- § 38-8-91. Frequency of petitions for dissolution of district.
- § 38-8-92. Referendum on petition for dissolution of district--Form of ballot--Right to vote.
- § 38-8-93. Timing of referendum on dissolution of district.
- § 38-8-94. Conduct of election on dissolution of district--Certification of results.
- § 38-8-95. Referendum on dissolution of district valid despite informalities.
- § 38-8-96. Determination of administrative practicability and feasibility of continued operation of district--Majority vote requiring discontinuance.
- § 38-8-97. Termination of district affairs on determination by state commission--Disposition of district property.
- § 38-8-98. Application to secretary of state for certificate of dissolution--Recitals in application--Issuance of certificate.
- § 38-8-99. Ordinances and regulations terminated on dissolution of district--Division substituted as party to contracts--Liens and pending actions.
- § 38-8A-1. Definition of terms.
- § 38-8A-2. "Land-disturbing activity" defined.
- § 38-8A-3. Commission guidelines for erosion and sediment control--Citizen participation.
- § 38-8A-4. Content of guidelines.
- § 38-8A-5. Information and standards used as basis of guidelines.
- § 38-8A-6. District standards for erosion and sediment control--Local government consulted--Time--Fragile land designation.
- § 38-8A-8. Hearing on proposed standards or revisions--Publication of notice.
- § 38-8A-9. Transmittal of proposed standards to commission for review.
- § 38-8A-10. Review of standards by commission--Recommendations as to changes.
- § 38-8A-11. Adoption of conservation standards by districts--Cooperation with other local units.
- § 38-8A-12. Governing board resolution or voter petition for revision of conservation standards.
- § 38-8A-12.1. Filing of petition--Submission of standards to election unless supervisors approve revision.
- § 38-8A-12.2. Election procedures.
- § 38-8A-13. District standards to be met by activities on publicly owned lands.
- § 38-8A-14. Enforcement of standards under contract with public agency.
- § 38-8A-15. Issuance of permits by commission or districts prohibited.
- § 38-8A-16. Permit-issuing authorities to require compliance with district conservation standards.
- § 38-8A-17. Land-disturbing activity plans, applications, and reports not required if standards not violated--Plan required for conversion of fragile land.
- § 38-8A-18. Violation of adopted standards by land-disturbing activities--Control plan required--District approval--Implementation of plan.
- § 38-8A-18.1. Noncompliance--Penalties.
- § 38-8A-19. Variances to allow additional time for compliance.
- § 38-8A-20. Petition to allege violation of chapter--Investigation and action by petitioned agency.
- § 38-8A-21. Injunctive or other relief to enforce chapter.
- § 38-8A-22. Dust blowing and soil erosion--Owner or operator to prevent.
- § 38-8A-23. Blowing soil--Investigation and order for prevention by conservation district board.
- § 38-8A-24. Emergency orders--Issuance--Posting.
- § 38-8A-25. Preventive treatment--Grounds for performance by conservation district board.
- § 38-8A-26. Assessment against land treated by board--Promulgation of rules.
- § 38-8A-27. Disposition of assessment collections--Collection fee prohibited.
- § 38-8A-28. Cooperation with federal, state, and local agencies to prevent erosion.
- § 38-8A-29. Annual report of violations.
- § 38-10-1. Policy of state.
- § 38-10-2. Definition of terms.
- § 38-10-3. Wheat commission--Members--Terms of office.
- § 38-10-3.1. Independent functions retained by commission.
- § 38-10-4. Qualifications of appointive members of commission.
- § 38-10-5. Supervision of executive director.
- § 38-10-6. Areas represented by appointive members of commission.
- § 38-10-7. Terms of office of appointive members of commission--Vacancies.
- § 38-10-8. Removal of wheat commission member.
- § 38-10-9. Ex officio members of wheat commission--No vote.
- § 38-10-11. Officers of wheat commission--Meetings.
- § 38-10-12. Appointment of executive director--Compensation.
- § 38-10-14. Powers of commission.
- § 38-10-15. Formulation of general policies and programs for wheat promotion.
- § 38-10-16. Wheat research and market development.
- § 38-10-17. Research restricted to cooperation with other agencies.
- § 38-10-18. Education and publicity program.
- § 38-10-19. Cooperation with public and private organizations--Contracts.
- § 38-10-20. Rules and regulations adopted by commission.
- § 38-10-21. Commission records kept.
- § 38-10-22. Promotional fee on wheat sold through commercial channels--Collection from first purchaser.
- § 38-10-23. Sales to federal government exempt from fee.
- § 38-10-24. Fee applicable to wheat stored or sold outside state--Collection from grower.
- § 38-10-25. Proof of purchase delivered by purchaser to grower--Contents.
- § 38-10-26. Alteration of proof of purchase documents as misdemeanor.
- § 38-10-27. Quarterly reports by wheat purchasers--Payment of fee.
- § 38-10-28. Fee deducted when loan made by federal agency--Federal forms accepted in lieu of invoice.
- § 38-10-29. Supplemental and alternate forms used by commodity credit corporation.
- § 38-10-30. Use by Commodity Credit Corporation of identification numbers--Access of state officials to records.
- § 38-10-31. Fee paid at time of federal loan as complete satisfaction.
- § 38-10-32. Minor errors in fee collection overlooked.
- § 38-10-33. Assessment of fee by director on failure to file report--Penalty--Time of payment.
- § 38-10-34. Application for refund of fee erroneously collected--Time for refund--Waiver by failure to file claim.
- § 38-10-35. Deposit and appropriation of fees.
- § 38-10-37. Violation of chapter as misdemeanor.
- § 38-10-38. Citation of chapter.
- § 38-10-39. Commission financial reports--Annual audit.
- § 38-10-40. Liability for omissions.
- § 38-10-41. Commission may contract with Public Utilities Commission to inspect assessment and checkoff records.
- § 38-11-1. Appointment and terms of board members--Vacancies.
- § 38-11-1.1. Direction and supervision by College of Agriculture and Biological Sciences--Independent functions retained by board.
- § 38-11-2. Composition and representation on board--Recommendations for appointment.
- § 38-11-3. Oath of board members--Officers of board.
- § 38-11-4. Meetings of board.
- § 38-11-6. Official seed certifying agency for state.
- § 38-11-7. Standards for certification--Rules and regulations.
- § 38-11-8. Rules, regulations, and orders for execution of powers.
- § 38-12A-1. Definition of terms.
- § 38-12A-2. Label required for containers of agricultural seeds--Contents.
- § 38-12A-3. Label required for containers of lawn and turf seed--Contents.
- § 38-12A-4. Label required for containers of vegetable seeds in planting devices--Contents.
- § 38-12A-5. Label required for containers of flower seeds or flower seeds in planting devices--Contents.
- § 38-12A-6. Label required for containers of tree and shrub seeds--Contents--Exception.
- § 38-12A-7. Contents of label for treated seed.
- § 38-12A-8. Seed sold in bulk--Display of label on container--Customer copy--Exception.
- § 38-12A-9. Seed test to determine label information.
- § 38-12A-10. Exceptions to labeling requirements.
- § 38-12A-11. Seed dealers permit required--Exception--Expiration--Fee.
- § 38-12A-11.1. Seed fund established--Purpose--Appropriations.
- § 38-12A-12. Contents of advertisement by person excepted from seed permit.
- § 38-12A-13. Records of seed lots--File samples--Inspection--Use by secretary.
- § 38-12A-14. Secretary provided copy of records and access to premises.
- § 38-12A-15. Modification, revocation, or refusal to renew permit for violations.
- § 38-12A-16. Unlawful sale, offer for sale, or transportation for sale of seed within state--Violation as misdemeanor.
- § 38-12A-17. Additional prohibited acts--Violation as misdemeanor.
- § 38-12A-18. Additional civil penalty.
- § 38-12A-19. Powers of secretary.
- § 38-12A-20. Promulgation of rules by secretary.
- § 38-12A-21. Right of consumer to submit claim to arbitration.
- § 38-12A-22. Right of seedsman, seed producer, or seed dealer to submit claim to arbitration--Statutes of limitations and legal proceedings tolled.
- § 38-12A-23. Filing of complaint against seedsman, seed producer, or seed dealer--Time limitation--Filing of answer.
- § 38-12A-24. Referring of complaint to arbitration committee--Discontinuation of investigation.
- § 38-12A-25. Appointment of committee members--Election of chairman and secretary.
- § 38-12A-26. Purpose of committee--Nonbinding report--Evidence in litigation.
- § 38-12A-27. Session called by secretary or upon direction of chairman.
- § 38-12A-28. Investigation by committee--Recommendation--Hearings.
- § 38-12A-29. Investigation by majority of committee directed by chairman--Summary.
- § 38-12A-30. Members not compensated--Reimbursement for expenses.
- § 38-12A-31. Federal permits for introduction of organisms and products produced through genetic engineering authorized for use in state.
- § 38-17-1. Contract reserving title to landlord to be filed with register of deeds.
- § 38-17-1.1. Crop seeds defined.
- § 38-17-2. Reserved title to grain, seed, or crop not enforceable against innocent third party unless filed.
- § 38-17-3. Lien on crop for seed furnished--Limitation on amount contained in farm lease.
- § 38-17-4. Seed lien available to foreign corporations without qualifying.
- § 38-17-5. Filing of seed lien affidavit with register of deeds.
- § 38-17-6. Seed lien affidavit on behalf of nonresident.
- § 38-17-7. Entry of seed lien statements by register of deeds--Notice to purchasers and encumbrancers.
- § 38-17-8. Priority of seed liens.
- § 38-17-9. Unauthorized use of seed subject to lien as misdemeanor.
- § 38-17-10. Lien of federal agency furnishing seed or money.
- § 38-17-11. Filing of federal seed lien with register of deeds--Contents of notice.
- § 38-17-12. Misappropriation of federally furnished seed or money as misdemeanor.
- § 38-17-13. General law of seed liens applicable to federal liens.
- § 38-17-14. Farm machinery owner's lien on processed agricultural products.
- § 38-17-15. Account filed by processor with register of deeds--Contents--Notice to purchasers and encumbrancers.
- § 38-17-15.1. Farm machinery owner’s lien--Consignment, purchase--Attachment.
- § 38-17-16. Priority of threshers' and processors' liens.
- § 38-17-17. Innocent purchaser of crop protected against unfiled lien.
- § 38-17-18. Unauthorized disposition of property subject to thresher's or processor's lien as misdemeanor.
- § 38-17-19. Foreclosure of crop liens.
- § 38-18-1. Definition of terms.
- § 38-18-3. Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty.
- § 38-18-3.1. Minimum distance between apiaries--Beekeepers excepted on own property.
- § 38-18-3.3. Identification of apiary--Violation as misdemeanor.
- § 38-18-3.4. Abandoned apiary--Destruction, treatment or seizure of bees and equipment.
- § 38-18-4. Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty.
- § 38-18-5. Registration of apiary--Fees.
- § 38-18-5.1. Apiary fund established--Purpose--Appropriations.
- § 38-18-8. Movable frames required in hives--Violation as misdemeanor.
- § 38-18-9. Sealing of diseased hives required--Violation as misdemeanor--Additional penalty.
- § 38-18-10. Infested colony or apiary as public nuisance--Treatment or destruction of infested apiaries--Violation as misdemeanor--Additional penalty.
- § 38-18-11. Exposure of infected bees or equipment as misdemeanor--Additional penalty.
- § 38-18-12. Inspection programs--Employment of personnel--Investigation and control of diseases--Movement of bees in and out of state.
- § 38-18-13. False information or hindering of enforcement as misdemeanor.
- § 38-18-14. Access of departmental personnel to premises and apiaries.
- § 38-18-15. Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocation.
- § 38-18-16. Written order by secretary to treat or destroy apiary, regulated pests or exotic bees--Action by secretary if order not obeyed--Secretary authorized to sell salvageable equipment and bees.
- § 38-18-16.1. Hearing--Staying of effective date of order--Exception--Affirmation, amendment or revocation of order.
- § 38-18-16.2. Failure to comply with order--Strict liability for costs of destruction.
- § 38-18-19. Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary.
- § 38-18-20. Written order to place honey house in sanitary condition--Failure to obey as misdemeanor.
- § 38-18-21. Certificate of health or compliance agreement required for bees and used bee equipment imported from another state--Importation without certificate or compliance agreement as misdemeanor.
- § 38-18-23. Certificate of health--Content--Based on actual inspection.
- § 38-18-25. Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs.
- § 38-18-26. Certificate of inspection required to transfer ownership of bees or used bee equipment--Copy to recipient of bees--Violation as misdemeanor.
- § 38-18-27. Request to enter compliance agreement or for additional inspections by departmental personnel--Fees and expenses.
- § 38-18-28. Promulgation of rules by secretary.