ENTITLED An Act to update the development and implementation of conservation district standards.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 38-8A-3 be AMENDED:
38-8A-3. The commission shall develop comprehensive state erosion and sediment control guidelines. These guidelines are to be developed with full opportunity for citizen participation in accordance with chapter 1-26.
Section 2. That 38-8A-6 be AMENDED:
38-8A-6. The supervisors of each district in the state, in cooperation and consultation with counties, municipalities, and other affected units of local government shall, within twelve months after the adoption of the state guidelines, develop proposed district conservation standards. These standards may designate, as fragile land, any area of the district that:
(1) Is Class IVe, VI, VII, or VIII, according to the United States Department of Agriculture classification system, as described in Title 430, National Soil Survey Handbook, Part 622 Interpretive Groups, Land Capability Classification, (June 2020); and
(2) Is so erosive as to cause a public hazard when converted to cropland use.
Section 3. That 38-8A-23 be AMENDED:
38-8A-23. If the board of supervisors of any district is advised, in a written or electronic form, that soil is blowing from any land, or if any land in the county, roads, or public property, is being damaged, as the result of blowing soil, the board must inspect the land. If the board finds soil is blowing from the land, in excess of local conservation district standards, to the point that it is injurious to other land, roads, or public property, the board must determine what can be done to prevent or lessen the blowing of soil from the land. If the board finds, after consulting with the commission, if appropriate, that the blowing can be prevented or lessened by treatment of the soil, the board must issue an order to the owner of record, and to the operator, if known to the board, stating the treatment required, and the date the treatment is to be started and completed.
An Act to update the development and implementation of conservation district standards.
I certify that the attached Act originated in the:
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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