S.D. Admin. R. 41:04:06:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 41:04:06:01 - Petition to restrict recreational use a nonmeandered lake

A petition to the Commission requesting the authority to restrict recreational use of the waters of a nonmeandered lake that are open to recreational use under SDCL 41-23-8 shall be submitted on forms prescribed by the Department. The Commission shall fix a date for hearing, to be held pursuant to SDCL 1-26, on each petition submitted and shall give notice of the hearing on an agenda published in accordance with SDCL 1-25-1.3. The Department shall notify the petitioner of the date, time, and place of the meeting at which the petitioners request will be considered, and the petitioner shall be given an opportunity to be heard at the meeting. Within forty days after a hearing, the Commission shall adopt a resolution in accordance with SDCL 41-23-9 that either grants the petition in part or full or denies the petition stating its reasons for partial or complete denial. A petition shall contain the following:

(1) Name and address of the petitioner;

(2) Type of recreational access restriction requested;

(3) Reasons for the requested restriction;

(4) Periods of the year for the requested restriction;

(5) Duration of the requested restriction;

(6) Legal description and a map of the location of the water; and

(7) Proof of ownership and/or legal possession of the property underlying water being petitioned for restricted recreational use.

S.D. Admin. R. 41:04:06:01

44 SDR 71, effective 10/16/2017

General Authority: SDCL 41-2-18(5), 41-23-9.

Law Implemented: SDCL 41-2-18(5), 41-23-9.