Ordinance 1997-1G an ordinance amending Grant County, SD
ordinance 1997-1G an ordinance amending Grant County, SD
Ordinance 1997-1 an ordinance regulating the drainage pods, sloughs, and lakes or any series thereof
Entire Ordinance 1997-1G is on file at the Administrator’s office. Publishing the changes only.
SECTION 303. PERMITS NOT REQUIRED.
A drainage permit shall not be required for the routine maintenance of an existing or established above ground surface drain or vested and/or properly registered drainage system, or for drainage on a residential lot of 5 acres or less.
SECTION 319. PENALTY FOR FAILURE TO SECURE PERMIT FOR DRAINAGE WORK.
Any person or the person’s contractor draining water without a permit as required under the provisions of this regulation is guilty of a Class 1 misdemeanor, a violation of SDCL 46A-10A-30. In addition to or in lieu of any criminal penalty, a Court may assess against any person violating the provisions of this section a civil penalty not to exceed one thousand dollars per each day of violation. A permit system shall be considered an official control.
SECTION 320 – COMPLAINTS ON DRAINAGE WITHOUT A PERMIT AND INVESTIGATION.
1. All complaints of a person or a person’s contractor draining water without a permit or conducting activities which would require a permit under this Ordinance will be directed to the drainage officer.
2. Once a complaint is received by the drainage officer, the complaint shall be forwarded to an investigator, as designated by the Drainage Board, who will conduct an investigation on the complaint and generate a report with the investigator’s findings, which will be presented to the Drainage Board.
3. The Drainage Board will review the report, and only the report, of the investigator and determine if a violation of this Ordinance has occurred by a “yes” or “no” vote.
4. If the Drainage Board determines a violation of this Ordinance has occurred, the matter shall be forwarded to the State’s Attorney to proceed in compliance with Section 319 of this Ordinance and SDCL 46A-10A-30.
5. Once a violation is transferred to the State’s Attorney, further action is under the discretion of the State’s Attorney.
SECTION 322. DRAINAGE PERMIT.
A Drainage Permit shall expire December 31st of the second calendar year from the date upon which it became effective. If the work described in the drainage permit has not been substantially completed by December 31st of the second calendar year from the date upon which it became effective, all further work on the project shall cease unless, a permit extension has been applied for and granted under the section below or until, a new drainage permit has been obtained.
SECTION 323. DRAINAGE PERMIT EXTENSION.
In the instance where work described in an approved permit cannot be completed in the allowed timeframe, a permit holder may apply for a ONE (1) time extension for an additional year, pursuant to the following terms;
1. The original permit has not expired;
2. The original permit holder has completed the required extension application;
3. The footprint of the original permit is not increased and the plan has not changed; and
4. The extension applicant pays the extension fee, as determined by the GRANT COUNTY DRAINAGE PERMIT FEED SCHEDULE, adopted in compliance with SDCL 46A-10A-30.
One extension is required per drainage scheme.
Afer the above requirements are met, the procedure for hearing the extension shall follow Ordinance Section 310, 311, and 312 and all other Sections the Drainage Board deems appropriate.
SECTION 324. DRAINAGE PERMIT AMENDMENT
The Permit Holder, when the Drainage Board has previously permitted a drainage project design for a particular parcel, that is still eligible to be completed before its expiration, may amend the orignal drainage design to increase the lateral tile under the following conditions:
1. The original permit is still active
2. The permit holder completes a Drainage Permit Amendment application including a new tile map;
3. The permit holder pays the Amendment Application Fee, as determined by the GRANT COUNTY DRAINAGE PERMIT FEE SCHEDULE, as adopted in compliance with SDCL 46A-10A-30;
4. The location, size, and number of inlet(s) and outlet(s) remain the same;
5. The size of the main tile line does not change or increase in size or increase the maximum flow rate as calculated by the Drainage Officer using accepted industrial standards;
6. The estimated additional area being drained does not increase the original permit design more than 33% in total area, or the total drainage design area footprint does not increase by more than 20 acres, whichever is less in area; and
7. Two members of the Drainage Board must give either written or verbal consent to the amendment to the Drainage Officer.
Drainage Permit Amendments applications may be received and processed during regular business hours only.
If the proceeding conditions are met, the Drainage Officer may grant the Drainage Permit Amendment, which will be ratified at the next meeting of the Drainage Board.
If the conditions listed above are not met, the Amendment Application is denied, and the applicant will need to follow normal permitting procedures to make changes to their current approved permit.
Violation of this Section is subject to consequences outlined in SECTION 319, or this Ordinance.
SECTION 325. CERTIFY COMPLETION OF PROJECT
Within sixty (60) days of completed construction; a final “as built” site plan showing the actual location of the construction, a description of the size of the drain, all changes to water flow, the location of the proposed outlet, and any other information which the Drainage Board may deem necessary for consideration in enforcing the provisions of this ordinance, be submitted to the Drainage Board or their designated official for final consideration of completion.
SECTION 326. PENALTY FOR FAILURE TO CERTIFY COMPLETION OF PROJECT.
Any person failing to submit a final “as built” site plan showing the actual location of the construction, a description of the size of the drain, all changes to water flow, the location of the proposed outlet, and any other information which the Drainage Board may deem necessary for consideration in enforcing the provisions of this ordinance to the Drainage Board or their designated official for final consideration of completion as required under the provisions of this regulation is guilty of a Class 1 misdemeanor, a violation of SDCL 46A-10A-30. In addition to or in lieu of any criminal penalty, a Court may assess against any person violating the provisions of this section a civil penalty not to exceed one thousand dollars per each day of violation. A permit system shall be considered an official control.
In lieu of criminal charges outlines above, the Drainage Board may withhold consideration of all future permits by any applicant who fails to provide a Certified Completion of project site plan, as described in Section 325 above, for projects permitted after April 1, 2026.
Adopted by the Grant County Board of Commissioners on this 17th day of March, 2026.
Michael J. Mach, Chairman
Grant County Board of
County Commissioners
ATTEST:
Kathy Folk
Grant County Auditor
1st Reading: March 3rd, 2026
2nd Reading: March 17, 2026
Adopted: March 17th, 2026
Published: March 25th, 2026
Effective: April 13th, 2026
