An Act to provide for the administrative approval of certain drainage applications by counties.

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

Section 1. That a NEW SECTION be added to chapter 46A-10A:

A board or commission that has adopted a permit system pursuant to § 46A-10A-30 may designate a drainage administrator who has authority to grant or deny a permit application for a proposed drainage project that outlets:

(1) Directly into a named creek or any natural waterway, as delineated on the most recently published United States Geological Survey 7.5-minute quadrangle map ornational map;

(2) Directly into a permanent or intermittent stream, provided:

(a) The stream is connected to a natural waterway, as delineated on the most recently published United States Geological Survey 7.5-minute quadrangle map or national map; and

(b) The applicant obtains written approval from all affected landowners;

(3) Directly or indirectly into a public or private road right-of-way, provided the applicant obtains:

(a) Approval from the appropriate road authority to drain into the right-of-way; and

(b) Written consent from all affected landowners; or

(4) Into an unnamed waterway, or a waterway not delineated on a United States Geological Survey map, provided the applicant obtains written consent from all affected landowners.

All other drainage permit applications must be addressed by the board or commission in accordance with the permit system.

For purposes of this section, an "affected landowner" is any upstream landowner within one-half mile above the proposed project, any downstream landowner within one mile below the proposed outlet of the project, or any landowner within one-quarter mile surrounding the edge of the project.