(A) Filling, grading, lagooning or dredging which would result in substantial detriment to natural waters by reason of erosion, sedimentation, or impairment of fish and aquatic life is prohibited.
(Prior Code, § 16-5-13)
(B) A permit shall be required for any filling or grading of any area which is within 300 feet horizontal distance of a natural body of water and which has surface drainage toward the water, and in which there is:
(1) Filling of more than 500 square feet of any wetland which is contiguous to the water;
(2) Filling or grading on all slopes of 20% or more. This does not apply to soil conservation practices such as terraces, runoff diversions, and grassed waterways which are used for sediment retardation.
(3) Where more than 10,000 square feet of the bank of a natural body of water is exposed by grading.
(4) A permit shall be required before constructing, dredging, or commencing work on an artificial waterway, canal, ditch, lagoon, pond, lake, or similar waterway which is within 300 feet of the high water mark of a natural body of water or where the purpose is the ultimate connection with such body of water. This requirement does not apply to soil conservation practices such as terraces, runoff diversions and grassed waterways which are used for sediment retardation.
(Prior Code, § 16-5-14)
Statutory reference:
Related provisions, see SDCL Chapter 11-4