S.D. Admin. R. 74:29:01:18
The department shall submit its recommendation to the board in accordance with § 74:29:01:15. If, within seven days after the issuance of the recommendation, the board, the applicant, or any person does not contest the recommendation, the recommendation is the final determination on the application.
The department shall transmit a notice of decision to the applicant, individuals on the interested persons mailing list, and the county commission of the county containing affected land. The notice shall approve, conditionally approve, or deny the permit application as specified in the department's recommendation and shall contain any conditions or restrictions imposed by the department and other review agencies.
If a petition contesting the recommendation is filed within the seven-day period, the contested case procedures of chapter 74:09:01 apply to the application proceeding unless they are specifically altered in this article. The department shall schedule a hearing before the board. The department shall mail a copy of the petition and a notice of hearing to the applicant and other parties.
S.D. Admin. R. 74:29:01:18
General Authority: SDCL 45-6B-81, 45-6B-88.
Law Implemented: SDCL 45-6B-29, 45-6B-30, 45-6B-31, 45-6B-32, 45-6B-59, 45-6B-88.
Department recommendation, § 74:29:01:15.