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§ 51.025 APPEALS OF DECISIONS.
   Any decision of the Administrative Official may be appealed to the Board. The applicant or any person aggrieved by a decision shall file a written appeal with the Administrative Official within five working days of the Official’s decision. Upon such filing, the Administrative Official shall forward the appeal to the Board.
(Ord. 9, passed 1-18-2007)
§ 51.026 HEARING.
   Following notification in accordance with § 51.030, the Board shall conduct a public hearing on a drainage permit application or the appeal of an administrative decision.
(Ord. 9, passed 1-18-2007)
§ 51.027 SIGNIFICANCE OF STATEWIDE, INTERCOUNTY, OR CITY/COUNTY APPLICATION.
   (A)   When an application is determined to be of statewide, intercounty, or city or county significance, the Board of Commissioners or County Commission or Drainage Board of each city or county affected shall make a determination on whether the permit shall be granted. Following notification in accordance with § 51.030, the Board shall conduct a public hearing on such application. Approval by all affected city or county is required for permit approval. In the event that one of the commissions or boards is aggrieved by the decision, the aggrieved city or county may petition the State Water Management Board for assistance in accordance with SDCL §§ 46A-10A-9.1 through 46A-10A-9.5.
   (B)   In determining whether the proposed drainage is of statewide, intercounty, or city or county significance, the Board may consider the following criteria:
      (1)   Proposed drainage would affect property owned by the state or its political subdivisions;
      (2)   Proposed drainage of lakes having recognized fish and wildlife values;
      (3)   Proposed drainage or partial drainage of a meandered lake;
      (4)   Proposed drainage which would have a substantial effect on another county; and
      (5)   Proposed drainage which would convert previously non-contributing areas (based on 25- year rainfall event -4%) into permanently contributing areas.
(Ord. 9, passed 1-18-2007)
§ 51.028 EVALUATION OF PERMIT APPLICATIONS.
   At a minimum, the following factors shall be considered in evaluating the impact of a proposed drainage project:
   (A)   Flood hazards, floodplain values;
   (B)   Erosion potential;
   (C)   Water quality and supply;
   (D)   Agricultural production;
   (E)   Environmental quality;
   (F)   Aesthetics;
   (G)   Fish and wildlife values; and
   (H)   Considerations of downstream landowners and the potential adverse effect thereon including consideration of the following criteria:
      (1)   Uncontrolled drainage into receiving watercourses which do not have sufficient capacity to handle the additional flow and quantity of water shall be considered to have an adverse effect;
      (2)   Whether drainage is accomplished by reasonably improving and aiding the normal and natural system of drainage according to its reasonable carrying capacity, or, in the absence of a practical natural drain, a reasonable artificial drain system is adopted;
      (3)   The amount of water proposed to be drained;
      (4)   The design and other physical aspects of the drain; and
      (5)   The impact of sustained flows.
(Ord. 9, passed 1-18-2007)
§ 51.029 CONDITIONS.
   Conditions may be attached to a drainage permit to ensure that the proposed drainage is accomplished in accordance with the purposes of this chapter.
(Ord. 9, passed 1-18-2007)
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