74:02:01:25.  Board to act on future use application by entity -- Authorized qualifications. The board, by majority vote, shall decide whether the future use application of an entity is approved, approved with qualifications, or rejected. In addition to other qualifications, the board may, at its discretion, place a time limit of less than seven years on a future use permit. After the time limit expires, the board shall decide whether to allow the permit to remain in effect or to cancel the permit.

          Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:23, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 27, effective September 26, 1983; 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 46-2-5.

          Law Implemented: SDCL 46-1-14, 46-5-38, 46-5-38.1.

          74:02:01:25.01.  Future use permit review -- Recommendation and scheduling for review. The chief engineer shall prepare a recommendation for a future use permit that conforms, as far as practical, to the requirements of SDCL 46-2A-2 and shall schedule the future use permit for review by the board.

          Source: 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 46-2-5.

          Law Implemented: SDCL 46-2A-2, 46-5-38, 46-5-38.1.

          74:02:01:25.02.  Notice of review of future use permit. When a future use permit is scheduled for review, the chief engineer shall notify the permit holder of the date, time, and place of the review hearing and of the chief engineer's recommendation. The chief engineer shall send the notice by first class mail to the last known address of the permit holder at least 27 days before the hearing.

          Source: 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 20 SDR 53, effective October 20, 1993.

          General Authority: SDCL 46-2-5.

          Law Implemented: SDCL 46-5-38, 46-5-38.1.

          74:02:01:25.03.  Publication of notice of future use permit review. The publication of the notice for review of a future use permit shall conform as far as practical to the requirements of SDCL 46-2A-3 and 46-2A-4.

          Source: 13 SDR 49, effective October 27, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 46-2-5.

          Law Implemented: SDCL 46-2-9, 46-2-11, 46-2-17, 46-2A-2, 46-2A-4, 46-5-38, 46-5-38.1.