Terms used in this chapter mean:

(1) “Board,” the Board of Water and Natural Resources;

Terms Used In South Dakota Codified Laws 46A-10B-1

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) “Department,” the Department of Agriculture and Natural Resources;

(3) “Developer” or “subdivider,” any person, partnership, limited liability company, joint venture, association, or corporation who participates as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision;

(4) “District,” a drainage basin utility district established pursuant to this chapter;

(5) “Drainage basin” or “basin,” a natural or artificial land surface depression with or without perceptibly defined beds and banks to which surface runoff gravitates and collectively forms a flow of water continuously or intermittently in a definite direction;

(6) “Facility,” any dam, wall, wharf, embankment, levy, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter planned, constructed, acquired, owned, operated, or renovated by a drainage basin utility district established pursuant to this chapter;

(7) “Flood” or “flooding,” a general and temporary condition of partial or complete inundation of normally dry land areas caused by the overflow of inland waters or the unusual and rapid accumulation or runoff of surface waters from any source;

(8) “Governing body,” the entity that has been designated to administer the affairs of a drainage basin utility district pursuant to §§ 46A-10B-4 and 46A-10B-9;

(9) “Subdivision,” the platting of a lot or the division of a lot, tract, or parcel of land into two or more lots, plots, or sites.

Source: SL 1989, ch 388, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 115; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.