The bill amends South Dakota's drainage permit regulations by updating the maximum nonrefundable fee that can be charged when applying for a county drainage permit. Under the revised law, the fee must be established by the permitting authority and is based on the administrative costs of regulating drainage activities, with a cap set at five hundred dollars. The bill clarifies that this fee is to be paid only once with the application, although any modifications to permitted drainage, such as enlargements or rerouting, will necessitate a new permit.
Additionally, the bill stipulates that any vested drainage rights not recorded under existing provisions require a permit for use if a permit system is in place in the respective county. It also establishes penalties for individuals or contractors who drain water without the necessary permit, classifying such actions as a Class 1 misdemeanor and allowing for civil penalties of up to one thousand dollars for each day of violation. The bill reinforces the concept that a permit system constitutes an official control over drainage activities.
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
Enrolled, 03/03/2025: 46A-10A-30