2023 House Bill 1134 - SD Legislature require property owner consent before construction resulting in lake water level alteration.

2023 South Dakota Legislature

House Bill 1134

An Act to require property owner consent before construction resulting in lake water level alteration.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 46-1 be amended with a NEW SECTION:

Before any state agency or political subdivision may issue a permit authorizing the construction of a channel, canal, ditch, outlet, or any other shoreline alteration, which the issuing entity determines is likely to raise or lower the water level of a public lake, the person seeking the permit shall submit to the issuing entity written evidence of consent to the construction or alteration, provided by a majority of all the lakefront property owners, excluding the permit seeker.

If multiple persons share an ownership interest in any parcel of affected lakefront property, those persons are considered to be a single property owner for purposes of determining majority consent under this section.