S.D. Admin. R. 74:29:10:18

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

Section 74:29:10:18 - Establishment of initial preliminary list - Hearing procedures

The following procedures apply to the hearing for establishing the initial preliminary list of special, exceptional, critical, or unique lands and to any subsequent hearings held for the purpose of updating the preliminary list:

(1) The board shall hear nominating petitions in the order that they were received by the department;

(2) If more than one nominating petition is filed for a given land area, the board may consider such nominating petitions jointly;

(3) The board shall afford all interested persons opportunity to submit data, opinions, or arguments either orally or in writing, or both, on a given nomination proceeding;

(4) The person or agency that submits a nominating petition must be present during the proceeding on the petition and must be prepared to present evidence to the board supporting the nominating petition. Failure to be present or failure to present evidence if requested may be considered by the board as cause for rejecting the nominating petition; and

(5) After considering a nominating petition and any evidence presented in support of or adverse to the petition, the board shall either find that the lands nominated or a portion of them constitute special, exceptional, critical, or unique lands and place them on the preliminary list or find that the lands do not constitute special, exceptional, critical, or unique lands.

S.D. Admin. R. 74:29:10:18

17 SDR 86, effective 12/25/1990.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-33.4.