South Dakota § 46-7-5.3 - Investigation of dam--Variance relating to minimum spillway design requirements--Hearing.
Full text of South Dakota South Dakota Codified Laws § 46-7-5.3 — Investigation of dam--Variance relating to minimum spillway design requirements--Hearing., with citation guidance and answers to common questions.
§ 46-7-5.3. Investigation of dam--Variance relating to minimum spillway design requirements--Hearing.
Upon petition to the board by the owner of a dam, the chief engineer may investigate and conduct the necessary analysis to determine the potential for damage to downstream residents or property if a dam were to fail due to inadequate spillway capacity. After the investigation and analysis, the chief engineer may recommend that a variance to board rules relating to minimum spillway design requirements for dams be granted or denied. The recommendation, notice, and hearing before the board shall be conducted pursuant to the procedure contained in chapter 46-2A. Following the hearing, the board may grant a variance upon a finding that failure of the dam due to inadequate spillway capacity will not increase the potential for damage from flooding to downstream residents or property.
Source: SL 1987, ch 328, § 1D.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 46-7-5.3
What does South Dakota Codified Laws § 46-7-5.3 cover?
Section 46-7-5.3 ("Investigation of dam--Variance relating to minimum spillway design requirements--Hearing.") 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 § 46-7-5.3?
A common citation format is "South Dakota Codified Laws § 46-7-5.3" (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 § 46-7-5.3 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.