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(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)