S.D. Admin. R. 74:29:10:09

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

Section 74:29:10:09 - Department determination on notice of intent to operate

The department must determine that lands described in a notice of intent to operate are eligible for inclusion on the preliminary list of special, exceptional, critical, or unique lands if:

(1) A complete recommendation that meets the requirements of § 74:29:10:07 is filed;

(2) The lands described in the notice of intent to operate are already included on the preliminary list; or

(3) The assessment required by subdivision 74:29:10:03(6) clearly indicates that the lands described in the notice of intent to operate constitute special, exceptional, critical, or unique lands.

The department may determine that lands described in a notice of intent to operate are eligible for inclusion on the preliminary list of special, exceptional, critical, or unique lands by preparing a nominating petition complying with the requirements of § 74:29:10:16.

S.D. Admin. R. 74:29:10:09

17 SDR 86, effective 12/25/1990.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-33.4, 45-6B-33.6.