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South Dakota Codified Laws
Title 46A
Chapter 46A-10A
S.D. Codified Laws ch. 46A-10A
County Drainage
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46A-10A-1
Definitions.
46A-10A-2
County drainage commission--Appointment--Filling vacancies--Majority required to act--Ex officio members.
46A-10A-3
Term and removal of members.
46A-10A-4
Meetings.
46A-10A-5
Compensation of members.
46A-10A-6
Employment of personnel.
46A-10A-7
Assistance by units of state government--Expense reimbursement.
46A-10A-7.1
Maintenance of correspondence file--Correspondence marked with date of receipt--Term of retention.
46A-10A-8
State Water Management Board, districts, and existing water rights unaffected--Effect on drainage districts.
46A-10A-9
Joint drainage efforts by counties.
46A-10A-9.1
Petition for assistance in development of intercounty drainage plan--Board defined.
46A-10A-9.2
Meeting to develop mutually acceptable joint county drainage activities.
46A-10A-9.3
Recommendation, notice, and hearing before Water Management Board--Cost of publication--Implementation.
46A-10A-9.4
Limitation on effectiveness of action required by Water Management Board.
46A-10A-9.5
Action required by board to be included in county drainage plan--Not subject to referendum procedure.
46A-10A-10
Joint powers agreements by local units of government as to drainage.
46A-10A-11
Agreements for receipt of federal or state funds for drainage.
46A-10A-12
Municipality contracting with county for services--Fees.
46A-10A-13
Joint county-municipal drainage activities.
46A-10A-14
Board to provide funds, equipment, and accommodations for county drainage activity.
46A-10A-15
Adoption of emergency drainage measures--Hearing--Notice--Limited term--Renewal.
46A-10A-16
County drainage plan--Preparation--Adjuncts--Considerations.
46A-10A-17
Purposes of drainage plan.
46A-10A-18
Drainage projects and coordinated drainage areas authorized.
46A-10A-19
Maps authorized.
46A-10A-20
Legal controls for drainage management--Right to continue existing drainage.
46A-10A-21
Official controls not limited.
46A-10A-22
Publication of notice of hearing on proposed drainage plan.
46A-10A-23
Board action on plan by ordinance or resolution.
46A-10A-24
Filing and publication of board action on plan--Effective date of plan--Public inspection.
46A-10A-25
Petition for election on adoption of plan--Notice of election--Ballots--Suspension of effective date--Inconsistent drainage efforts prohibited.
46A-10A-26
Rejection of plan by voters--Revision, filing, and publication.
46A-10A-27
Filing copy of adopted official control.
46A-10A-28
Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.
46A-10A-29
Failure of commission to act as approval--Extension of period by board.
46A-10A-30
Permit system for drainage authorized--Fee--Modification of drainage--Use of unrecorded right--Penalty--Official control.
46A-10A-31
Recording existing drainage rights--Information required--Disputing rights--Appeals--Recording final decision.
46A-10A-31.1
Notice of recording requirements.
46A-10A-31.2
Local governments exempt from recording requirements.
46A-10A-32
Copy of recorded vested right to department.
46A-10A-33
Enforcement of chapter and official controls.
46A-10A-34
Adjudication functions of commission or board.
46A-10A-34.1
Board of adjudication by mutual agreement--Jurisdiction.
46A-10A-35
Appeals from commission and board--Time allowed--Commencing action in circuit court.
46A-10A-36
Regulation and elimination of nonconforming drains.
46A-10A-37
Amendment and repeal of drainage plan--Request by petition.
46A-10A-38
Petition by landowner for change of drainage restrictions--Notice to directly affected persons.
46A-10A-39
Hearing on petition--Commission recommendation to board.
46A-10A-40
Affected person's right to be heard--Resolution adopting or rejecting proposal--Review, publication, and effective date of adoption--Election.
46A-10A-41
Drainage plan or official controls for municipality--Approval or contract by municipality required for effectiveness.
46A-10A-42
Jurisdiction of incorporated municipality.
46A-10A-43
Drainage district continuation and dissolution--County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas.
46A-10A-43.1
Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985.
46A-10A-43.2
Signing of petition--Contents.
46A-10A-43.3
Presentation of petition--Filing--Transmittal to Department of Agriculture and Natural Resources--Hearing.
46A-10A-43.4
Opportunity to appear at hearing--When granted--Resolution by board as to maintenance of drain.
46A-10A-44
Recommendation that state's attorney seek injunction or other court action to prevent or abate violation.
46A-10A-45
Mandamus proceedings authorized.
46A-10A-46
Control of drainage construction, rehabilitation, or methods--Approval of board.
46A-10A-47
Coordinated drainage area--Application for establishment--Inconsistency with county plan or controls barring formation--Validity of information in county in process of adopting plan or controls.
46A-10A-48
Survey and map of proposed coordinated drainage area required--Availability for examination.
46A-10A-49
Form, verification, signatures, filing, and presentation of application for establishment of area.
46A-10A-50
Order establishing area subject to voters' approval--Notice of election--Exemption from election requirement.
46A-10A-51
Publication of election notice.
46A-10A-52
Hours polls open--Costs of election.
46A-10A-53
Establishment of area effective on voters' approval--Waiting period after rejection by voters.
46A-10A-54
Appointment and duties of election officers--Order declaring area established--Conclusiveness of order.
46A-10A-55
Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners.
46A-10A-56
Public lands subject to drainage laws--Service of notices--Appearance by board or officer in charge.
46A-10A-57
Responsibilities for drainage projects.
46A-10A-58
Signatures required for board action on drainage project petition.
46A-10A-59
Contents of drainage project petition.
46A-10A-60
Presentation and filing of petition--Time for board action--Copy to department.
46A-10A-61
Survey and report contracted by board--Contents--Right of entry--Copy to department.
46A-10A-62
Survey report to be written--Inspection--Scheduling hearing--Notice requirements.
46A-10A-63
Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices.
46A-10A-64
Assistance by department--Reimbursement of expenses.
46A-10A-65
Denial of petition or establishment of project--Findings required.
46A-10A-66
Assessments authorized--Expenses paid.
46A-10A-67
Acquisition of easements.
46A-10A-68
Damages due to project--Determination--Hearing--Appeal.
46A-10A-69
Naming project--Record of proceedings.
46A-10A-70
Permissible drainage of land.
46A-10A-71
Drains along or across highways.
46A-10A-72
Open ditches restricted along highways.
46A-10A-73
Drains along and across railroads--Costs.
46A-10A-74
Construction of drainage facilities across railroads--Costs.
46A-10A-75
Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.
46A-10A-76
Highway bridges and culverts--Construction--Maintenance--Modification--Costs.
46A-10A-77
Construction and contracting powers of board.
46A-10A-78
Maintenance and improvement of existing drains, watercourses, and levees.
46A-10A-79
Apportionment of original cost to annexed area when project extended.
46A-10A-80
Maintenance of drains--Assessment of costs.
46A-10A-81
Jurisdiction of improved existing drain--Maintenance--Assessments.
46A-10A-82
Maintenance without notice--Actions authorized.
46A-10A-83
Petition for repair or improvement of drain.
46A-10A-84
Repairs without contract--Cost reimbursement.
46A-10A-85
Replacing drain as repair.
46A-10A-86
Improvements--Survey and cost estimate--Ordering without notice.
46A-10A-87
Improvements requiring notice and hearing--Reclassification of benefits--Appeal.
46A-10A-88
Assessment of maintenance and improvement costs.
46A-10A-89
Maintenance and assessments for drainage work in more than one county.
46A-10A-90
Injury or obstruction of drainage as misdemeanor--Civil liability.
46A-10A-91
Drain or watercourse constructed to prevent entry of water as nuisance--Exception.
46A-10A-92
Abandonment of project--Procedure.
46A-10A-93
Approval required to alter drainage rights established with federal or state funds.
46A-10A-94
Accounts of expenditures maintained--Inspection.
46A-10A-95
Appeal by state as to public lands.
46A-10A-96
Stay of proceedings on appeal--Bond--Damages.
46A-10A-97
Costs on appeal.
46A-10A-98
Drainage district management by Board of Trustees.
46A-10A-99
Petition for election.
46A-10A-100
Election meeting--Appointments.
46A-10A-101
Publication of notice of election--Votes by proxy.
46A-10A-102
Election board to procure district records preceding election--Elected trustees to act as record custodians--Updates to district records.
46A-10A-103
Voting rights of title holder.
46A-10A-104
Landowner or joint landowners entitled to one vote collectively--Voting rights of minor or protected person.
46A-10A-105
Voting through agent or proxy--Power of attorney to specify election for which it is used--Delivery of power of attorney.
46A-10A-106
Superintendent's responsibilities--Manner and purpose of elections.
46A-10A-107
Ballots and poll list--Ballot delivery.
46A-10A-108
Vote count--Determination of election results--Election materials to be retained for sixty days.
46A-10A-109
Results of election to determine length of term.
46A-10A-110
Trustees to appoint superintendent and clerks for subsequent election board--Determination of compensation of election board.
46A-10A-111
Succeeding annual trustee elections.
46A-10A-112
Trustee qualifications.
46A-10A-113
Appointment to fill vacancy.
46A-10A-114
Compensation of trustees and clerk of board--Filing requirements.
46A-10A-115
Election of chair and clerk of board.
46A-10A-116
Powers and duties of board of trustees.
46A-10A-117
Costs and expenses--Levy.
46A-10A-118
Assessment on real property.
46A-10A-119
Tax--Tax fund.
46A-10A-120
Issuance of improvement certificates and drainage bonds.
46A-10A-121
Record of official acts and proceedings--Filing of financial report--Examination of report.
46A-10A-122
Grievances--Mediation.
46A-10A-123
Special election--Notice.