ARTICLE 12:03

STATE CONSERVATION COMMISSION

Chapter

12:03:01            General administration.

12:03:02            General administrative procedures, Repealed.

12:03:03            Conservation district revolving fund.

12:03:04            Administration of shelterbelts, Repealed.

12:03:05            Coordinated soil and water conservation grant fund.

12:03:06            Natural resources conservation award program.

CHAPTER 12:03:01

GENERAL ADMINISTRATION

Section

12:03:01:00                    Definitions.

12:03:01:01                    Designation of vice-chairman.

12:03:01:02 to 12:03:01:04    Repealed.

12:03:01:05                    Conservation district supervisor elections.

12:03:01:05.01                Definition -- Urban area, Repealed.

12:03:01:06                    Commission to keep records on district supervisors.

12:03:01:07                    Oath of office to be administered to supervisors.

12:03:01:08                    Assistance to districts.

12:03:01:09 to 12:03:01:12    Repealed.

12:03:01:13                    Hearings to be held in presence of commission member.

12:03:01:14                    Record of proceedings to be compiled.

12:03:01:15 to 12:03:01:18    Repealed.

12:03:01:19                    Transferred.

12:03:01:20                    Commission to act on petition for referendum.

12:03:01:21                    Hearing on sufficiency of petition for dissolution -- Burden of proof -- Decision by commission.

12:03:01:22 to 12:03:01:30    Repealed.

12:03:01:31                    Criteria for establishing priorities in watershed planning.

12:03:01:32                    Forms for reports -- District fiscal year.

Appendix A,    Forms for reports.

          12:03:01:00.  Definitions. The terms defined in SDCL 38-7-2 have the same meaning when used in this chapter.

          Source: 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-7-8.

          Law Implemented: SDCL 38-7-8.

          12:03:01:01.  Designation of vice-chairman. When the commission designates its chairman, it shall also designate a vice-chairman.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:01, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-8.

          Law Implemented: SDCL 38-7-8, 38-7-10.

          12:03:01:02.  Commission shall keep minutes of meetings.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:02, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:03.  Materials concerning conservation districts to be available to the governor and legislators.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:03, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:04.  Cooperation with other agencies.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:04, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:05.  Conservation district supervisor elections. The commission shall provide nominating petitions for district supervisors to district offices as needed by April 1 of the general election year.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:05, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-8.

          Law Implemented: SDCL 38-8-39.

    12:03:01:05.01.  Definition -- Urban area. Repealed.

    Source: 16 SDR 75, effective October 30, 1989; 21 SDR 90, effective November 14, 1994; 51 SDR 55, effective November 18, 2024.

          12:03:01:06.  Commission to keep records on district supervisors. The commission shall keep a record of supervisors elected in each district, appointments to fill vacancies, and the expiration date of each supervisor's term of office.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:06, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-7-8.

          Law Implemented: SDCL 38-8-39, 38-8-44.

          12:03:01:07.  Oath of office to be administered to supervisors. The commission shall provide newly elected supervisors with an oath of office form.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:07, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-7-8.

          Law Implemented: SDCL 3-1-5.

          12:03:01:08.  Assistance to districts. The commission shall allocate and distribute to participating districts any funds, grants, supplies, or staff assistance which are available for that purpose, consistent with any restrictions placed upon those funds, grants, supplies, or staff assistance. In allocating the assistance the commission shall consider the following:

          (1)  The needs of the district as determined by the commission using data from statewide and local studies;

          (2)  The accomplishments of the district over the past three years;

          (3)  Proposed projects and tentative commitments, including local cost-sharing by governmental or private entities and landowners or operators;

          (4)  The district's long-range plan, how it complements the commission's long-range plan, and how well the district's proposals adhere to the plans; and

          (5)  Whether the district has current conservation standards and the number and types of complaints received about violations of the standards.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:08, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 204, effective July 1, 1986; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-8.

          Law Implemented: SDCL 38-7-8, 38-7-15, 38-7-18, 38-7-22, 38-7-24.

          12:03:01:09.  Responsibilities of commission.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:09, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:10.  Assistance to state association of conservation districts.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:10, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:11.  Commission to prepare land ownership list.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:11, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 21 SDR 90, effective November 14, 1994.

          12:03:01:12.  Commission to hold hearings on conservation district organization.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:12, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:13.  Hearings to be held in presence of commission member. At least one member of the commission shall be present at any hearing which the commission may hold on a petition to organize, add to, change boundaries of, or dissolve a conservation district or to remove from office any supervisor of a conservation district.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:13, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-8.

          Law Implemented: SDCL 38-8-2, 38-8-10, 38-8-20, 38-8-23, 38-8-31, 38-8-43, 38-8-90, 38-8-94.

          12:03:01:14.  Record of proceedings to be compiled. The commission shall compile an accurate record of proceedings and testimony given at any hearing pursuant to § 12:03:01:13.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:14, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-8.

          Law Implemented: SDCL 38-8-2, 38-8-10, 38-8-12, 38-8-20, 38-8-23, 38-8-31, 38-8-43, 38-8-94.

          12:03:01:15.  Date for referendum to be set by the commission chairman.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:15, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 21 SDR 90, effective November 14, 1994.

          12:03:01:16.  Dissolution of conservation district.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:16, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 204, effective July 1, 1986; repealed, 21 SDR 90, effective November 14, 1994.

          12:03:01:17.  Commission to conduct referendum on district dissolution.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:17, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 204, effective July 1, 1986; repealed, 21 SDR 90, effective November 14, 1994.

          12:03:01:18.  Establishment of watershed districts.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:18, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:19.  Transferred to § 12:03:01:31.

          12:03:01:20.  Commission to act on petition for referendum. Upon the filing of a petition for referendum on the organization, dissolution, or change in territory of a conservation district, as provided by SDCL 38-8, the commission shall act on the petition as the circumstances of each case require. The commission may call for any additional information, statistics, and data that it considers necessary for its investigation and consideration of the petition.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:20, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-8.

          Law Implemented: SDCL 38-8-1, 38-8-90.

          12:03:01:21.  Hearing on sufficiency of petition for dissolution -- Burden of proof -- Decision by commission. Upon receipt of a petition for dissolution of a conservation district, as provided in SDCL 38-8-90, the commission, if it is not satisfied with the sufficiency of and correctness of the petition, the sufficiency of the signatures on the petition, the proper legal circulation of the petition, or the truthfulness of the statements contained in the petition, shall assign a time and place for hearing and investigation into such matters. The commission shall give notice of the time and place of the hearing to the persons signing and circulating the petition. Witnesses at the hearing may be examined orally by any member of the commission or any person appointed by the commission for that purpose. The signers and circulators of a petition must in all cases prove the sufficiency and legality of the signatures and their genuineness. The circulators of a petition must establish the authenticity of the circulation and attestation. After full investigation, the commission shall make a decision and order on a case-by-case basis.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:21, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-8.

          Law Implemented: SDCL 38-8-90.

          12:03:01:22.  Witnesses.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:22, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:23.  Testimony by deposition.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:23, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:24.  Time and place of deposition determined by commission.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:24, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:25.  Oath required prior to deposition.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:25, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:26.  Commission to receive a copy of testimony by deposition.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:26, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:27.  Commission to promote resource conservation and development projects.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:27, effective July 1, 1975; repealed, 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          12:03:01:28.  Commission to review resource conservation and development project applications.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:28, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 21 SDR 90, effective November 14, 1994.

          12:03:01:29.  Commission to recommend resource conservation and development projects to governor.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:28, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 21 SDR 90, effective November 14, 1994.

          12:03:01:30.  Commission to advise districts.Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:30, effective July 1, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 21 SDR 90, effective November 14, 1994.

          12:03:01:31.  Criteria for establishing priorities in watershed planning. The following criteria shall be used in the evaluation of watershed projects receiving federal assistance:

          (1)  Organization of a watershed district or any ad hoc group authorized to form by resolution of the cooperating agencies;

          (2)  The willingness of people to accept their responsibility for resource treatment and long-term management, easements for rights-of-way, structures, and long-term maintenance costs;

          (3)  The percentage of resource treatment applied, the interest of local people in resource treatment, and the expected rate of application of resource treatment practices;

          (4)  The possibility of multiple benefits and extent of use of these benefits;

          (5)  The percentage of benefits and the cost-benefit ratio;

          (6)  The capacity of the applicable federal agency to develop a plan;

          (7)  The willingness of the local watershed steering committee and conservation district supervisors to appear before the commission and present their plan.

          Source: SL 1975, ch 16, § 1; transferred from § 34:25:01:19, effective July 1, 1975; transferred from §12:03:01:19, 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-8, 46A-14-12.

          Law Implemented: SDCL 46A-14-12.

          12:03:01:32.  Forms for reports -- District fiscal year. Conservation districts shall submit annual financial and progress reports by March 1 covering the previous fiscal year. The reports shall be on the forms published in Appendix A at the end of this chapter or on forms substantially the same. The fiscal year for each district is January 1 through December 31.

          Source: 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-8-48.

          Law Implemented: SDCL 38-7-16, 38-7-19, 38-7-21, 38-7-23, 38-8-48, 38-8-57.

CHAPTER 12:03:02

GENERAL ADMINISTRATIVE PROCEDURES

(Repealed. 21 SDR 90, effective November 14, 1994)

CHAPTER 12:03:03

CONSERVATION DISTRICT SPECIAL REVENUE FUND

Section

12:03:03:01        Definitions.

12:03:03:02        Application for loan.

12:03:03:03        Criteria for commission review of loan application.

12:03:03:03.01    Insurance deductible required for the purchase of equipment-minimal amount.

12:03:03:04        Disposition by commission.

12:03:03:05        Approval procedure for loan application.

12:03:03:06        Revolving fund loan repayments.

12:03:03:07        Default.

12:03:03:08        Statement of usage.

12:03:03:09        Request for extension or modification of terms of loan.

12:03:03:10        Criteria for commission review of loan extension or modification request.

12:03:03:11        Disposition of loan extension or modification request -- Limitations on approval.

12:03:03:12        Approval procedure for loan extension or modification request.

    12:03:03:01.  Definitions. Terms used in this chapter mean:

    (1)  "Board of supervisors," the board of supervisors of a conservation district established pursuant to SDCL 38-8;

    (2)  "Commission," the State Conservation Commission;

    (3)  "District," a conservation district;

    (4)  "Division," the Division of Resource Conservation and Forestry of the Department of Agriculture and Natural Resources;

    (5)  "Loan application," an application for a loan from the conservation district special revenue fund; and

    (6)  "Revolving loan fund," the conservation district special revenue fund established pursuant to SDCL 38-8-53.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:02.  Application for loan. A district may apply for a loan from the special revenue fund by submitting an application to the commission. The commission shall review applications twice per year. The commission shall conduct the first review for applications received from January first through June thirtieth. The commission shall conduct the second review for applications received from July first through December thirty-first. Applications must be received by the division before 5:00 p.m. Central Time on the stated date.

    The commission may consider applications for emergency funding at any meeting.

    An application for a loan must be on a form provided by the commission and must:

    (1)  State the name of the district;

    (2)  State the name and office mailing address of the district employee authorized to act on behalf of the board of supervisors;

    (3)  State the amount of funds and the term of the loan being requested;

    (4)  Include a description of when and how the loan will be used;

    (5)  Indicate whether the district has pursued other loans and if any loans received will be used in conjunction with the revolving loan fund for the same purpose;

    (6)  Include the district's current financial statement;

    (7)  Be accompanied by the past year's financial statements and the projected financial statements of the district over the term of the loan;

    (8)  Include the minutes of the district meeting at which the loan application was authorized;

    (9)  Include the source and policy limits of any liability insurance if the loan is for the purpose of purchasing equipment;

    (10)  A statement that the district will maintain financial records, as required by the commission, and will make those records available to the commission or its agent for inspection upon request;

    (11)  The date of the application; and

    (12)  The signature of the board of supervisors' chair or designated signatory.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:03.  Criteria for commission review of loan application. The commission shall review a loan application from a district and shall base its approval upon the following criteria:

    (1)  Whether the proposed use of the funds is for a purpose provided in SDCL 38-8-53;

    (2)  The availability of moneys in the special revenue fund;

    (3)  The requested amount of funds and the term of the loan;

    (4)  The financial status of the district, as determined following a review by the commission or its agent; and

    (5)  The adequacy of the proposed security, if any, for the loan.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:03.01.  Insurance deductible required for the purchase of equipment-minimal amount. If the loan is for the purpose of purchasing equipment, the insurance deductible may not exceed $5,000 except with prior commission approval. The commission may grant prior approval for an insurance deductible exceeding $5,000 when it is not possible or practical to insure the equipment for a lesser amount.

    Source: 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:04.  Disposition by commission. Within 90 days after the end of an application review period, the commission shall consider a loan application. The application must be received at least 14 days before the meeting at which it will be considered, unless the commission declares an emergency.

    After consideration, the commission shall:

    (1)  Approve the loan application, as submitted;

    (2)  Approve the loan application, as modified by either the district or the commission;

    (3)  Conditionally approve the loan application, subject to the receipt of specified information or the performance of certain acts by the district; or

    (4)  Deny the loan application.

    If the loan application is denied, the commission shall notify the district of the grounds for the denial.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:05.  Approval procedure for loan application. Upon approval of a loan application by the commission and the signature of the commission's chair or designated signatory, the commission shall provide the district with a promissory note containing the terms and conditions of the loan. If the purpose of the loan is to purchase equipment, a security agreement and Uniform Commercial Code (UCC) financing statement must also be provided. The chair of the board of supervisors or the designated signatory shall sign the promissory note and the security agreement and UCC financing statement, if applicable, in the name of the district, at a district meeting. The district shall submit the promissory note, security agreement, and UCC financing statement to the division for the disbursal of funds.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:06.  Revolving fund loan repayments. A district shall repay a loan from the revolving fund in equal annual installments set by the commission, provided each installment may not be less than $250, plus interest at the rate of three percent per annum on the unpaid prinicipal balance of the loan. Additional amounts may be repaid at any time. A district may repay a loan in full at any time. All loans must be repaid in full within five years unless a loan extension is approved by the commission. An approved loan is due for payment nine months after the application deadline.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:07.  Default. A loan from the revolving fund is in default if the district fails to make an annual payment within 90 days after the due date, unless the commission has approved a request for a loan extension or modification pursuant to § 12:03:03:11. Upon default in the payments of principal and accrued interest on the loan or in the breach of any covenant or condition, the commission may:

    (1)  Declare immediately due and payable:

            (a)  The outstanding principal amount;

            (b)  The accrued interest; and

            (c)  All costs associated with the collection of the outstanding balance.

    (2)  For the account of the borrower, incur and pay reasonable expenses for repair or maintenance of the equipment and other expenses necessary to cure the default; or

    (3)  Take possession of the equipment and sell, lease, or otherwise dispose of the equipment entity.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:08.  Statement of usage. Each district receiving a loan from the revolving fund shall submit a statement describing the current status of the loan and, if the loan was used to purchase equipment, the use and operation of that equipment during the year. A conservation district shall submit its statement and proof of insurance coverage to the commission together with the annual financial statements as required by § 12:03:03:02(7).

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:09.  Request for extension or modification of terms of loan. A district may file a written request for an extension or modification of the terms of a loan from the revolving fund with the commission. The request must contain the information required by subdivision 12:03:03:02(3) and (5) to (12), inclusive and a statement of the reason for the request.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:10.  Criteria for commission review of loan extension or modification request. The commission shall review a request for an extension or modification of the terms of a loan and shall consider:

    (1)  The reason for the request;

    (2)  The status of the current loan;

    (3)  The financial history of the current loan;

    (4)  The security for the current loan and for the request, if any; and

    (5)  The availability of funds in the revolving fund.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:11.  Disposition of loan extension or modification request -- Limitations on approval. Within 120 days after the submission of a request for an extension or modification of the terms of a loan, the commission shall approve or deny the request. The commission may not approve a request for an extension of a loan beyond three years or modify the amount of annual payments to less than $250.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

    12:03:03:12.  Approval procedure for loan extension or modification request. Upon the approval of a request for an extension or modification of the terms of a loan, the commission shall provide a form containing the revised terms and conditions of the loan to the district. The chair or designated signatory shall sign the agreement form in the name of the district at a district meeting. The district shall submit the agreement form and the minutes of the district meeting at which the document was signed to the division.

    Source: 11 SDR 59, effective October 29, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 21 SDR 90, effective November 14, 1994; 49 SDR 48, effective November 23, 2022.

    General Authority: SDCL 38-8-53.

    Law Implemented: SDCL 38-8-53.

CHAPTER 12:03:04

ADMINISTRATION OF SHELTERBELTS

(Repealed. 19 SDR 52, effective October 15, 1992)

CHAPTER 12:03:05

COORDINATED SOIL AND WATER CONSERVATION GRANT FUND

Section

12:03:05:01        Definitions.

12:03:05:02        Fund to be managed on fiscal year basis.

12:03:05:03        Conservation districts as grant recipients.

12:03:05:04        Grants to be competitive.

12:03:05:05        Format of applications.

12:03:05:06        Coordination with other agencies.

12:03:05:07        Combined funding -- Maximum funding -- In-kind match.

12:03:05:08        Projected benefits and funding.

12:03:05:09        Project costs -- Technical assistance.

12:03:05:10        Length of grant periods.

12:03:05:11        Required information and education activities.

12:03:05:12        Priority projects.

12:03:05:13        Ineligible grant purposes.

12:03:05:14        Required prior reports.

12:03:05:15        Review of applications.

12:03:05:16        Evaluation of applications.

12:03:05:17        Grant contracts.

12:03:05:18        Specifications for practices.

12:03:05:19        Use of funds to be nondiscriminatory.

12:03:05:20        Disbursement of funds.

12:03:05:21        Retention of allocated funds.

12:03:05:22        Progress reports.

12:03:05:23        Grant audits.

12:03:05:24        Revision of incomplete projects.

12:03:05:25        Return of unused funds.

12:03:05:26        Conflict of interest.

Appendix A,  Chapter 6, South Dakota Coordinated Soil and Water Conservation Plan, Repealed.

          12:03:05:04.  Grants to be competitive. The commission shall consider grant applications on a competitive basis, and no grants may be guaranteed to any district.

          Source: 19 SDR 52, effective October 15, 1992.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 38-7-27.

          12:03:05:06.  Coordination with other agencies. The commission shall encourage coordination between agencies and organizations. The division shall return to a district each application for a project that may be more appropriately funded by another agency or organization with a request that the application be submitted to that entity. If the district has already applied to the other entity and has supplied evidence of the action taken by the entity, the commission shall consider the application on its merits.

          Source: 19 SDR 52, effective October 15, 1992; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 38-7-22, 38-7-27, 38-8-50, 38-8-51, 38-8-51.1.

          12:03:05:08.  Projected benefits and funding. The application must show projected benefits of the project and how funding will be provided for the project.

          Source: 19 SDR 52, effective October 15, 1992.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 38-7-20, 38-7-27, 38-8-50, 38-8-51, 38-8-51.1.

          12:03:05:10.  Length of grant periods. The commission may allocate a grant covering up to 36 months beginning on either January 1 or July 1.

          Source: 19 SDR 52, effective October 15, 1992; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 38-7-25.

          12:03:05:11.  Required information and education activities. Information and education are a required part of every project, and each application must list those activities which are planned for the project. Funding identified for information and education activities must be part of the original grant request.

          Source: 19 SDR 52, effective October 15, 1992; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 38-7-16, 38-7-19.

          12:03:05:14.  Required prior reports. A district must have its annual financial and progress reports for its prior fiscal year on file at the office of the division to be eligible for a grant.

          Source: 19 SDR 52, effective October 15, 1992.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 38-7-8, 38-7-23, 38-7-27.

          12:03:05:15.  Review of applications. The staff of the division shall review the grant applications to ensure compatibility with the South Dakota coordinated soil and water conservation plan, the sponsoring districts' long-range plans, resource management plans, and compliance with this chapter. The staff shall provide their comments and findings to the commission as requested by the commission.

          Source: 19 SDR 52, effective October 15, 1992; 21 SDR 90, effective November 14, 1994.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 38-7-2.3, 38-7-15, 38-7-16, 38-7-17, 38-7-19, 38-7-20, 38-7-21, 38-7-22, 38-8-50.

          12:03:05:17.  Grant contracts. After it approves a grant application, the commission shall enter a grant contract with the district. The contract shall be based on a work plan which provides a detailed list of work to be accomplished, budgets, and schedules for completion. The division shall provide staff assistance, as available, in contract preparation.

          Source: 19 SDR 52, effective October 15, 1992.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 38-7-2.3, 38-7-15, 38-7-16, 38-7-17, 38-7-19, 38-7-20, 38-7-21, 38-7-22, 38-8-50.

          12:03:05:21.  Retention of allocated funds. Five percent of allocated funds shall be retained by the commission until the project has been completed and all required documentation is on file with the commission. When the documentation provided to the division is complete, the commission shall make final payment of funds designated for the project.

          Source: 19 SDR 52, effective October 15, 1992; 21 SDR 90, effective November 14, 1994; 22 SDR 119, effective March 24, 1996.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 38-7-27.

          12:03:05:23.  Grant audits. Sponsoring districts shall make records available for auditing and make arrangements for on-site spot-checking of work, at any time, by the division staff or official state auditors.

          Source: 19 SDR 52, effective October 15, 1992.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 4-2-9, 38-7-23.

          12:03:05:25.  Return of unused funds. Funds may not be transferred from one project to another. The commission shall return any allocated funds not expended to the grant fund by taking an official action.

          Source: 19 SDR 52, effective October 15, 1992; 21 SDR 90, effective November 14, 1994; 22 SDR 119, effective March 24, 1996.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 38-7-25.

          12:03:05:26.  Conflict of interest. If a grant request is submitted from a commission member's conservation district, that commissioner may participate as a witness in the discussions concerning the request, but may not participate in the commission's final vote of approval or disapproval. Commission members with a direct financial interest relating to a grant application before the commission shall inform the commission of the financial interest before review of the application and may not participate in the discussion or vote on the grant application.

          Source: 19 SDR 52, effective October 15, 1992.

          General Authority: SDCL 38-7-27.

          Law Implemented: SDCL 1-26-26.

CHAPTER 12:03:06

NATURAL RESOURCES CONSERVATION AWARD PROGRAM

Section

12:03:06:01        Definitions.    

12:03:06:02        Purpose.

12:03:06:03        Eligible recipients.

12:03:06:04        Nominations.

12:03:06:05        Nomination form and procedures.

12:03:06:06        Selection criteria.

12:03:06:07        Award selection committee.

12:03:06:08        Selection of award recipients.

12:03:06:09        Number of awards per conservation district.

12:03:06:10        Submittal of selections to State Conservation Commission.

12:03:06:11        Sign and certificate.

12:03:06:12        Sign display and placement guidelines.

12:03:06:13        Multiple awards.

12:03:06:14        Award presentation ceremonies.

12:03:06:15        Awareness and publicity.

Appendix A    Nomination Form For Award Winning Natural Resources Conservation Farm/Ranch

DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES

STATE CONSERVATION COMMISSION

SOUTH DAKOTA CONSERVATION COMMISSION

NOMINATION FORM FOR AWARD WINNING NATURAL RESOURCES CONSERVATION FARM/RANCH

Chapter 12:03:06

APPENDIX A

SEE: § 12:03:06:05

    Source: 35 SDR 165, effective December 22, 2008; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 51 SDR 55, effective November 18, 2024.

‎APPENDIX A

SOUTH DAKOTA NATURAL RESOURCES CONSERVATION AWARD

NOMINATION FORM

AWARD WINNING NATURAL RESOURCES CONSERVATION FARM/RANCH

Name of Nominee: ______________________________________________________________

Mailing Address: _______________________________________________________________

City, State, Zip: _________________________________________________________________

Conservation District:  ___________________________________________________________

Nomination submitted by: ________________________________________________________

Mailing Address: ________________________________________________________________

City, State, Zip __________________________________________________________________

Telephone: _____________________________________________________________________

(Nominator's information intended only for use by the selection committee in case further clarification is needed pertaining to the nomination.)

Which of the following criteria/practices are used by the nominee? (Check all that apply)

______  Grassed waterways are installed and maintained properly

______  Terraces are installed and maintained properly

______  Proper crop rotations are utilized.

______  Sufficient crop residues are left to enhance soil stability

______  No-till is utilized in crop production

______  Grasslands are managed for sustainable productivity

______  Livestock are managed to limit soil and nutrient runoff

______  Forest lands are managed according to a forest stewardship plan

______ Cover crops and other soil health practices are implemented

Based on the above checked items, explain why you feel this nominee is deserving of the award. Use no more than one additional sheet if necessary. Please submit two to eight photographs no larger than 5 X 7, with a brief caption (50 words or less) for each. Digital photos are acceptable.

    12:03:06:01.  Definitions. Terms used in this chapter mean:

    (1)  "Active agricultural producer," a person who is:

        (a)  Producing or causes to be produced an agricultural commodity in a quantity beyond the person's family use and is able to transfer title or sell the commodity to another; or

        (b)  Managing the land the person owns for long-term foresty uses; and

    (2)  "Outstanding farming or ranching practice," a practice that demonstrates outstanding land stewardship.

    Source: 35 SDR 165, effective December 22, 2008; 51 SDR 55, effective November 18, 2024.

    General Authority: SDCL 38-7-30.

    Law Implemented: SDCL 38-7-29, 38-7-30.

    12:03:06:02.  Purpose. Repealed.

    Source: 35 SDR 165, effective December 22, 2008; 51 SDR 55, effective November 18, 2024.

    12:03:06:03.  Eligible recipients. A recipient of a natural resources conservation award must meet the requirements in SDCL 38-7-29. The following persons are not eligible to receive a natural resources conservation award:

    (1)  A recipient of a natural resources conservation award within the same conservation district up to five years prior;

    (2)  A conservation district supervisor;

    (3)  Advisors to the board of supervisors; and

    (4)  State Conservation Commission members.

    Source: 35 SDR 165, effective December 22, 2008; 51 SDR 55, effective November 18, 2024.

    General Authority: SDCL 38-7-30.

    Law Implemented: SDCL 38-7-29, 38-7-30(4).

    12:03:06:04.  Nominations. Any current resident or any group within South Dakota may nominate an eligible agricultural producer for a natural resources conservation award. Nominations must be submitted to the conservation district where the outstanding practices are located. Nominations must be received by the conservation district by no later than January first of each year.

    Source: 35 SDR 165, effective December 22, 2008; 51 SDR 55, effective November 18, 2024.

    General Authority: SDCL 38-7-30.

    Law Implemented: SDCL 38-7-29, 38-7-30(2).

    12:03:06:06.  Selection criteria. An award recipient must demonstrate that the recipient is implementing land management practices that exemplify outstanding land stewardship and protect or enhance natural resources on the recipient's property. The recipient must be using one or more of the following practices:

    (1)  Grassed waterways are properly installed and maintained;

    (2)  Terraces are properly installed and maintained;

    (3)  Crop rotations are used;

    (4)  Sufficient crop residues are left to protect and enhance soil stability;

    (5)  No-till is used in crop production;

    (6)  Grasslands are managed for sustainable productivity;

    (7)  Livestock are managed to limit soil and nutrient runoff;

    (8)  Forest lands are managed according to a forest stewardship plan; and

    (9)  Cover crops and other soil health practices are implemented.

    Source: 35 SDR 165, effective December 22, 2008; 51 SDR 55, effective November 18, 2024.

    General Authority: SDCL 38-7-30.

    Law Implemented: SDCL 38-7-29, 38-7-30(1).