The bill amends the existing law regarding the maximum fee limit for applying for a county drainage permit in South Dakota. It specifies that the permit system must be prospective in nature and consistent with established principles. The nonrefundable fee for a permit must be established by the permitting authority, based on the administrative costs of regulating drainage activities, and cannot exceed five hundred dollars. Additionally, the fee must be paid only once with the application, although any modifications to permitted drainage will require a new permit.

Furthermore, the bill introduces a requirement for a permit for any vested drainage right not recorded under existing provisions if a permit system is in place in the respective county. It establishes penalties for individuals or contractors who drain water without a required permit, classifying such actions as a Class 1 misdemeanor. Courts may also impose a civil penalty of up to one thousand dollars for each day of violation. The bill clarifies that a permit system is considered an official control.

Statutes affected:
Introduced, 01/30/2025: 46A-10A-30
House Agriculture and Natural Resources Engrossed, 02/12/2025: 46A-10A-30
House Engrossed, 02/18/2025: 46A-10A-30