Chapter 10a. County Drainage
Index
- SDCL 46A-10A-1 Definitions
- SDCL 46A-10A-2 County Drainage Commission-Appointment-Filling Vacancies-Majority Required to Act-Ex Officio Members
- SDCL 46A-10A-3 Term and Removal of Members
- SDCL 46A-10A-4 Meetings
- SDCL 46A-10A-5 Compensation of Members
- SDCL 46A-10A-6 Employment of Personnel
- SDCL 46A-10A-7 Assistance By Units of State Government-Expense Reimbursement
- SDCL 46A-10A-7.1 Maintenance of Correspondence File-Correspondence Marked With Date of Receipt-Term of Retention
- SDCL 46A-10A-8 State Water Management Board, Districts, and Existing Water Rights Unaffected-Effect On Drainage Districts
- SDCL 46A-10A-9 Joint Drainage Efforts By Counties
- SDCL 46A-10A-9.1 Petition For Assistance In Development of Intercounty Drainage Plan-Board Defined
- SDCL 46A-10A-9.2 Meeting to Develop Mutually Acceptable Joint County Drainage Activities
- SDCL 46A-10A-9.3 Recommendation, Notice, and Hearing Before Water Management Board-Cost of Publication-Implementation
- SDCL 46A-10A-9.4 Limitation On Effectiveness of Action Required By Water Management Board
- SDCL 46A-10A-9.5 Action Required By Board to Be Included In County Drainage Plan-Not Subject to Referendum Procedure
- SDCL 46A-10A-10 Joint Powers Agreements By Local Units of Government As to Drainage
- SDCL 46A-10A-11 Agreements For Receipt of Federal Or State Funds For Drainage
- SDCL 46A-10A-12 Municipality Contracting With County For Services-Fees
- SDCL 46A-10A-13 Joint County-Municipal Drainage Activities
- SDCL 46A-10A-14 Board to Provide Funds, Equipment, and Accommodations For County Drainage Activity
- SDCL 46A-10A-15 Adoption of Emergency Drainage Measures-Hearing-Notice-Limited Term-Renewal
- SDCL 46A-10A-16 County Drainage Plan-Preparation-Adjuncts-Considerations
- SDCL 46A-10A-17 Purposes of Drainage Plan
- SDCL 46A-10A-18 Drainage Projects and Coordinated Drainage Areas Authorized
- SDCL 46A-10A-19 Maps Authorized
- SDCL 46A-10A-20 Legal Controls For Drainage Management-Right to Continue Existing Drainage
- SDCL 46A-10A-21 Official Controls Not Limited
- SDCL 46A-10A-22 Publication of Notice of Hearing On Proposed Drainage Plan
- SDCL 46A-10A-23 Board Action On Plan By Ordinance Or Resolution
- SDCL 46A-10A-24 Filing and Publication of Board Action On Plan-Effective Date of Plan-Public Inspection
- SDCL 46A-10A-25 Petition For Election On Adoption of Plan-Notice of Election-Ballots-Suspension of Effective Date-Inconsistent Drainage Efforts Prohibited
- SDCL 46A-10A-26 Rejection of Plan By Voters-Revision, Filing, and Publication
- SDCL 46A-10A-27 Filing Copy of Adopted Official Control
- SDCL 46A-10A-28 Approval Required For Rehabilitation Or Construction of Drain Covered By Plan-Board Review of Commission Decision
- SDCL 46A-10A-29 Failure of Commission to Act As Approval-Extension of Period By Board
- SDCL 46A-10A-30 Permit System For Drainage-Fee-Modification of Drain Or Use of Unrecorded Right-Drainage Without Permit As Misdemeanor-Civil Penalty
- SDCL 46A-10A-31 Recording Existing Drainage Rights-Information Required-Disputing Rights-Appeals-Recording Final Decision
- SDCL 46A-10A-31.1 Notice of Recording Requirements
- SDCL 46A-10A-31.2 Local Governments Exempt From Recording Requirements
- SDCL 46A-10A-32 Copy of Recorded Vested Right to Department
- SDCL 46A-10A-33 Enforcement of Chapter and Official Controls
- SDCL 46A-10A-34 Adjudication Functions of Commission Or Board
- SDCL 46A-10A-34.1 Board of Adjudication By Mutual Agreement-Jurisdiction
- SDCL 46A-10A-35 Appeals From Commission and Board-Time Allowed-Commencing Action In Circuit Court
- SDCL 46A-10A-36 Regulation and Elimination of Nonconforming Drains
- SDCL 46A-10A-37 Amendment and Repeal of Drainage Plan-Request By Petition
- SDCL 46A-10A-38 Petition By Landowner For Change of Drainage Restrictions-Notice to Directly Affected Persons
- SDCL 46A-10A-39 Hearing On Petition-Commission Recommendation to Board
- SDCL 46A-10A-40 Affected Person's Right to Be Heard-Resolution Adopting Or Rejecting Proposal-Review, Publication, and Effective Date of Adoption-Election
- SDCL 46A-10A-41 Drainage Plan Or Official Controls For Municipality-Approval Or Contract By Municipality Required For Effectiveness
- SDCL 46A-10A-42 Jurisdiction of Incorporated Municipality
- SDCL 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
- SDCL 46A-10A-43.1 Petition For Future Maintenance of Drain Jointly and Voluntarily Maintained By Landowners Within Ten Years of July 1, 1985
- SDCL 46A-10A-43.2 Signing of Petition-Contents
- SDCL 46A-10A-43.3 Presentation of Petition-Filing-Transmittal to Department of Agriculture and Natural Resources-Hearing
- SDCL 46A-10A-43.4 Opportunity to Appear At Hearing-When Granted-Resolution By Board As to Maintenance of Drain
- SDCL 46A-10A-44 Recommendation that State's Attorney Seek Injunction Or Other Court Action to Prevent Or Abate Violation
- SDCL 46A-10A-45 Mandamus Proceedings Authorized
- SDCL 46A-10A-46 Control of Drainage Construction, Rehabilitation, Or Methods-Approval of Board
- SDCL 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
- SDCL 46A-10A-48 Survey and Map of Proposed Coordinated Drainage Area Required-Availability For Examination
- SDCL 46A-10A-49 Form, Verification, Signatures, Filing, and Presentation of Application For Establishment of Area
- SDCL 46A-10A-50 Order Establishing Area Subject to Voters' Approval-Notice of Election-Exemption From Election Requirement
- SDCL 46A-10A-51 Publication of Election Notice
- SDCL 46A-10A-52 Hours Polls Open-Costs of Election
- SDCL 46A-10A-53 Establishment of Area Effective On Voters' Approval-Waiting Period After Rejection By Voters
- SDCL 46A-10A-54 Appointment and Duties of Election Officers-Order Declaring Area Established-Conclusiveness of Order
- SDCL 46A-10A-55 Expenditure of County Funds For Application For Coordinated Drainage Area-Assessment of Costs From Benefiting Landowners
- SDCL 46A-10A-56 Public Lands Subject to Drainage Laws-Service of Notices-Appearance By Board Or Officer In Charge
- SDCL 46A-10A-57 Responsibilities For Drainage Projects
- SDCL 46A-10A-58 Signatures Required For Board Action On Drainage Project Petition
- SDCL 46A-10A-59 Contents of Drainage Project Petition
- SDCL 46A-10A-60 Presentation and Filing of Petition-Time For Board Action-Copy to Department
- SDCL 46A-10A-61 Survey and Report Contracted By Board-Contents-Right of Entry-Copy to Department
- SDCL 46A-10A-62 Survey Report to Be Written-Inspection-Scheduling Hearing-Notice Requirements
- SDCL 46A-10A-63 Appearances At Hearing-Establishment of Project-Variation From Report-Adjournment of Hearing-Notices
- SDCL 46A-10A-64 Assistance By Department-Reimbursement of Expenses
- SDCL 46A-10A-65 Denial of Petition Or Establishment of Project-Findings Required
- SDCL 46A-10A-66 Assessments Authorized-Expenses Paid
- SDCL 46A-10A-67 Acquisition of Easements
- SDCL 46A-10A-68 Damages Due to Project-Determination-Hearing-Appeal
- SDCL 46A-10A-69 Naming Project-Record of Proceedings
- SDCL 46A-10A-70 Permissible Drainage of Land
- SDCL 46A-10A-71 Drains Along Or Across Highways
- SDCL 46A-10A-72 Open Ditches Restricted Along Highways
- SDCL 46A-10A-73 Drains Along and Across Railroads-Costs
- SDCL 46A-10A-74 Construction of Drainage Facilities Across Railroads-Costs
- SDCL 46A-10A-75 Construction Contracts-Bids-Preference of Landowners-Bond of Contractor-Construction Without Contract
- SDCL 46A-10A-76 Highway Bridges and Culverts-Construction-Maintenance-Modification-Costs
- SDCL 46A-10A-77 Construction and Contracting Powers of Board
- SDCL 46A-10A-78 Maintenance and Improvement of Existing Drains, Watercourses, and Levees
- SDCL 46A-10A-79 Apportionment of Original Cost to Annexed Area When Project Extended
- SDCL 46A-10A-80 Maintenance of Drains-Assessment of Costs
- SDCL 46A-10A-81 Jurisdiction of Improved Existing Drain-Maintenance-Assessments
- SDCL 46A-10A-82 Maintenance Without Notice-Actions Authorized
- SDCL 46A-10A-83 Petition For Repair Or Improvement of Drain
- SDCL 46A-10A-84 Repairs Without Contract-Cost Reimbursement
- SDCL 46A-10A-85 Replacing Drain As Repair
- SDCL 46A-10A-86 Improvements-Survey and Cost Estimate-Ordering Without Notice
- SDCL 46A-10A-87 Improvements Requiring Notice and Hearing-Reclassification of Benefits-Appeal
- SDCL 46A-10A-88 Assessment of Maintenance and Improvement Costs
- SDCL 46A-10A-89 Maintenance and Assessments For Drainage Work In More Than One County
- SDCL 46A-10A-90 Injury Or Obstruction of Drainage As Misdemeanor-Civil Liability
- SDCL 46A-10A-91 Drain Or Watercourse Constructed to Prevent Entry of Water As Nuisance-Exception
- SDCL 46A-10A-92 Abandonment of Project-Procedure
- SDCL 46A-10A-93 Approval Required to Alter Drainage Rights Established With Federal Or State Funds
- SDCL 46A-10A-94 Accounts of Expenditures Maintained-Inspection
- SDCL 46A-10A-95 Appeal By State As to Public Lands
- SDCL 46A-10A-96 Stay of Proceedings On Appeal-Bond-Damages
- SDCL 46A-10A-97 Costs On Appeal
- SDCL 46A-10A-98 Drainage District Management By Board of Trustees
- SDCL 46A-10A-99 Petition For Election
- SDCL 46A-10A-100 Election Meeting-Appointments
- SDCL 46A-10A-101 Publication of Notice of Election-Votes By Proxy
- SDCL 46A-10A-102 Election Board to Procure District Records Preceding Election-Elected Trustees to Act As Record Custodians-Updates to District Records
- SDCL 46A-10A-103 Voting Rights of Title Holder
- SDCL 46A-10A-104 Landowner Or Joint Landowners Entitled to One Vote Collectively-Voting Rights of Minor Or Protected Person
- SDCL 46A-10A-105 Voting Through Agent Or Proxy-Power of Attorney to Specify Election For Which It Is Used-Delivery of Power of Attorney
- SDCL 46A-10A-106 Superintendent's Responsibilities-Manner and Purpose of Elections
- SDCL 46A-10A-107 Ballots and Poll List-Ballot Delivery
- SDCL 46A-10A-108 Vote Count-Determination of Election Results-Election Materials to Be Retained For Sixty Days
- SDCL 46A-10A-109 Results of Election to Determine Length of Term
- SDCL 46A-10A-110 Trustees to Appoint Superintendent and Clerks For Subsequent Election Board-Determination of Compensation of Election Board
- SDCL 46A-10A-111 Succeeding Annual Trustee Elections
- SDCL 46A-10A-112 Trustee Qualifications
- SDCL 46A-10A-113 Appointment to Fill Vacancy
- SDCL 46A-10A-114 Compensation of Trustees and Clerk of Board-Filing Requirements
- SDCL 46A-10A-115 Election of Chair and Clerk of Board
- SDCL 46A-10A-116 Powers and Duties of Board of Trustees
- SDCL 46A-10A-117 Costs and Expenses-Levy
- SDCL 46A-10A-118 Assessment On Real Property
- SDCL 46A-10A-119 Tax-Tax Fund
- SDCL 46A-10A-120 Issuance of Improvement Certificates and Drainage Bonds
- SDCL 46A-10A-121 Record of Official Acts and Proceedings-Filing of Financial Report-Examination of Report
- SDCL 46A-10A-122 Grievances-Mediation
- SDCL 46A-10A-123 Special Election-Notice