S.D. Admin. R. 41:04:04:04
The department may issue a non-transferable variance permit to exempt the person from compliance with the standards provided in § 41:04:04:02 to the extent and for the period of time allowed by the permit. No permit may be issued for a dock that extends over the water more than 60 feet unless the person applying for the permit signs a release and waiver of liability form provided by the department. Factors used in consideration for approving variance permits include current water level, design of the dock, and the intended use of the dock. Concessionaires or other entities authorized to operate from lands owned, leased, managed, or controlled by the department are exempt from the provisions in §§ 41:04:04:02 and 41:04:04:04 if the docks are authorized by the department under a concession or lease agreement.
S.D. Admin. R. 41:04:04:04
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).