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For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE OFFICIAL. The Planning Director duly appointed by the Board who is responsible for the administration and enforcement of this chapter.
BENEFITTED AREA. The area within a drainage district or coordinated drainage area that receives the direct benefit from the drainage projects which have been constructed, or are to be constructed, within the district or drainage area.
BOARD. The Board of Commissioners of the City of Summerset, South Dakota.
CONTRACTOR. Any individual, firm, or corporation who performs excavation, grading, construction, or installation work involving a drainage project.
COORDINATED DRAINAGE AREA. A defined geographic area containing one or more parcels of real property and more than one land owner which is established via a public election to provide a planned network or method of natural or human-made drainage and funded through an assessment on the benefitted properties.
DOMINANT ESTATE. Any parcel of real property, usually at a higher elevation, which holds a common law or statutory right to drain water onto other real property.
DRAIN. A means of draining either surface or subsurface water through a system of ditches, pipes or tiles, either natural, human-made, or natural with human-made improvements including:
(1) CLOSED DRAIN. A human-made drain or drainage scheme utilizing pipes, tiles, or other materials and constructed in such a way that the flow of water is not visible;
(2) LATERAL DRAIN. A drain constructed after the establishment and construction of the original drain or drainage system and which flows into such original drain or drainage system;
(3) NATURAL DRAIN. A drainage system on the surface of the ground which operates as part of a natural watercourse; and
(4) SURFACE DRAIN. A human-made drain on the surface of the ground.
DRAINAGE DISTRICT. A drainage area with multiple owners that was established under state law prior to July 1, 1985 in which all planning, construction, and maintenance of the drainage system conform with a master plan for the district and are funded through an assessment on the benefitted acres within the district.
DRAINAGE PROJECT. Any human-made improvements constructed or installed with the intent to drain water.
HYDRIC SOIL. Soil types which are formed under saturated conditions.
HYDROPHITIC VEGETATION. Vegetative types typically adapted for life in saturated soil conditions.
LANDOWNER or OWNER. Any individual, firm, or corporation, public or private, or public agency, which has title to real property as shown by the records of the Register of Deeds. If the real property is sold under a contract for deed and the contract is of record in the office of the Register of Deeds, both the recorded owner of the real property and the purchaser as named in the contract for deed are deemed OWNERS of the real property.
MEANDERED LAKE. Any pond, slough, or lake which has had its boundaries established by metes and bounds in the documents of record or in the survey of public lands by the U.S. government.
PERSON. An individual, firm, partnership, association, corporation, contractor, or any other type of private legal relationship, and any governmental organization, which includes, but is not limited to, any agency of the United States, a state agency, and any political subdivision of the state.
ROUTINE MAINTENANCE. Any maintenance performed on a vested drainage right provided that:
(1) The repair or replacement of a closed or lateral drain does not increase the size, capacity, or length of the existing drain and the original location of the drain are not altered; and
(2) The removal of sediment or vegetation from a natural drain or surface drain with human-made improvements if the maintenance does not exceed the original depth and capacity of the channel, or a depth of one foot, whichever is less, and the original location of the drain are not altered.
SERVIENT ESTATE. Any parcel of real property, usually at a lower elevation, which is subject to a legal right allowing a dominant estate to drain water onto it.
STREAM, INTERMITTENT. A natural drainage channel indicated by a dot and dash blue line on the most recently published USGS seven and one-half-minute quadrangle maps.
STREAM, PERMANENT. A natural drainage channel indicated by a solid blue line on the most recently published USGS seven and one-half-minute quadrangle maps.
VESTED DRAINAGE RIGHT. A right to drain water from one property to another which has been established on the basis of SDCL Ch. 46A-10A or 46A-11A. Any natural right acquired before July 1, 1985 is deemed vested. Drainage with human-made origins or improvements acquired prior to July 1, 1985 is deemed vested if recorded at the office of the Register of Deeds before July 1, 1992. Drainage districts are exempt from the recording requirements.
WATERSHED. The area of land which drains, either directly or indirectly, into a slough, pond, lake, stream, or watercourse.
WETLAND. The areas which have a predominance of hydric soil are inundated or saturated by water for at least 15 days during a growing season, and under normal circumstances support hydrophilic vegetation.
(Ord. 9, passed 1-18-2007)