S.D. Admin. R. 74:29:10:17

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

Section 74:29:10:17 - Establishment of initial preliminary list - Board procedure

The board shall establish an initial preliminary list of special, exceptional, critical, or unique lands in accordance with the following:

(1) Recommendations for nominating lands to the preliminary list shall be solicited from the agencies listed in subdivision 74:29:10:04(2) within 14 days after the effective date of this chapter;

(2) Within 14 days after the effective date of this chapter, the board shall publish in five newspapers of general circulation a notice of intent to establish a preliminary list of special, exceptional, critical, or unique lands. The notice shall solicit nominating petitions from the general public and shall describe nominating petition content requirements. The notice shall indicate that nominating petitions must be submitted to the department within 90 days after the date of publication of the notice. Within 10 days after receipt, the department shall mail a copy of a nominating petition to the surface and mineral owners of the lands being nominated;

(3) A copy of the notice of intent to establish a preliminary list shall be mailed by the department to individuals on the interested persons mailing list; and

(4) A least 90 days and not more than 120 days following the publication of the notice of intent to establish a preliminary list, the board shall set a time and date for hearing any nominating petitions received. At least 20 days before the hearing, the board shall notify any person or agency that submitted a nominating petition, individuals on the interested persons mailing list, the county commission of any county containing lands being nominated, and surface and mineral owners of lands being nominated of the time, date, and location of the hearing. Additionally, the board shall publish a notice of the time, date, and location of the hearing in a newspaper of general circulation within the county of any lands being nominated to the preliminary list. The notice shall be published once a week for two consecutive weeks immediately prior to the hearing.

S.D. Admin. R. 74:29:10:17

17 SDR 86, effective 12/25/1990.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-33.4.