South Dakota § 46A-10A-30 - Permit system for drainage authorized--Fee--Modification of drainage--Use of unrecorded right--Penalty--Official control.

§ 46A-10A-30. Permit system for drainage authorized--Fee--Modification of drainage--Use of unrecorded right--Penalty--Official control.

Any board or commission under the provisions of this chapter and chapter 46A-11 may adopt a permit system for drainage. The permit system must be prospective in nature and consistent with the principles outlined in § 46A-10A-20. The nonrefundable fee for a permit must be:

(1)    Established by the permitting authority;

(2)    Based on the administrative costs of regulating drainage activities, may not exceed five hundred dollars; and

(3)    Paid only once, with the application, except that permitted drainage that is enlarged, rerouted, or otherwise modified requires a new permit.

Any vested drainage right not recorded under the provisions of § 46A-10A-31 requires a permit for its use, if a permit system has been established in the county where it exists.

Any person or the person's contractor draining water without a permit, if a permit is required under the provisions of this section, is guilty of a Class 1 misdemeanor. In addition to or in lieu of any criminal penalty, a court may assess, against any person violating the provisions of this section, a civil penalty not to exceed one thousand dollars per each day of violation.

A permit system is an official control.

Source: SL 1985, ch 362, § 30; SL 1986, ch 379, § 5; SL 2000, ch 217, § 1; SL 2011, ch 165, § 493; SL 2025, ch 188, § 1.