The department must determine that lands described in a notice of intent to operate are eligible for inclusion on the preliminary list of special, exceptional, critical, or unique lands if:

1. (1) A complete recommendation that meets the requirements of § 74:29:10:07 is filed;
2. (2) The lands described in the notice of intent to operate are already included on the preliminary list; or

3. (3) The assessment required by subdivision 74:29:10:03(6) clearly indicates that the lands described in the notice of intent to operate constitute special, exceptional, critical, or unique lands.

   The department may determine that lands described in a notice of intent to operate are eligible for inclusion on the preliminary list of special, exceptional, critical, or unique lands by preparing a nominating petition complying with the requirements of § 74:29:10:16.

Source: 17 SDR 86, effective December 25, 1990.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-33.4 , 45-6B-33.6.