If no petition in opposition is filed pursuant to § 74:02:01:12.04, the chief engineer may issue permits on behalf of the board pursuant to SDCL 46-1-16, 46-2-3.1, 46-2A-23, and 46-5-6.11. A permit may be issued no sooner than 15 days after the publication required by SDCL 46-2A-4. Petitions filed in support of an application will not result in a hearing before the board; however, the petitioner must receive notice if a hearing is held before the board.

Source: 17 SDR 51, effective October 11, 1990; 20 SDR 53, effective October 20, 1993; 39 SDR 37, effective September 10, 2012.

General Authority: SDCL 46-1-16 , 46-2-3.1 , 46-2-5.

Law Implemented: SDCL 46-1-14 , 46-1-16 , 46-2-3.1 , 46-2-9 , 46-2-11 , 46-2-17 , 46-2A-4 , 46-2A-23 , 46-5-6.11 , 46-6-26.