The department shall determine the procedural completeness of a permit application as follows:

1. (1) Within thirty days after submission of an application, the department shall notify the applicant in writing whether the application is procedurally complete. An application is considered filed on the final day of this thirty-day review period if it is procedurally complete;
2. (2) If the application is procedurally incomplete, the department shall identify in the notification the items required to complete the application. The department shall determine the adequacy of the applicant's response to the notice of deficiencies and shall notify the applicant in writing of the adequacy of the response within thirty days after receipt of the response. If the response is adequate, the application is considered filed;

3. (3) If the response is inadequate, the applicant may do one of the following:

   1. (a) Submit additional information required to complete the application;
   2. (b) Request in writing that the application be considered filed; or

   3. (c) Withdraw the application.

      If, as provided in subsection (3)(a) of this section, additional information is submitted to complete the application, the procedure beginning at subdivision (2) of this section must be followed.

Source: 14 SDR 111, effective March 3, 1988 ; 52 SDR 24, effective September 10, 2025 .

General Authority: SDCL 45-6B-81 .

Law Implemented: SDCL 45-6B-5 , 45-6B-11 , 45-6B-15 , 45-6B-16 .

Prior versions effective: 1988-03-03.