Air Quality Permit

Why are air quality regulations important?

In the early 1950s, an air pollution episode in Donora, Pennsylvania resulted in several deaths directly associated with industrial air pollution. Congress enacted a series of Clean Air Acts starting in the 1960s and directed EPA to establish an air quality program consisting of outdoor ambient air quality health standards, source-specific emission limitations, and testing and monitoring requirements. EPA empowered each state to develop a State Implementation Plan to carry out federal regulations and devise state-specific rules.

Do I need an air quality permit?

If you plan to construct a process or fuel-burning unit in South Dakota that emits an air pollutant (e.g., paint booth, rock crusher, boiler, generator, asphalt plant), you may need an air quality construction permit. If you are currently operating without having submitted a permit application, you may need an operating permit. The type of permit depends on the size, age, fuel type, and amount/type of pollutants emitted.

There are two categories of air pollutants: (1) regulated pollutants — particulate matter, sulfur dioxide, nitrogen oxide, carbon monoxide, lead, and volatile organic compounds; and (2) 188 toxic air pollutants regulated under the 1990 Clean Air Act Amendments.

If you operate an emergency generator, you may need to submit an air quality construction permit. The Department recommends submitting an application to determine if an operating permit would be required for the emergency generator(s).

Statutes and Regulations

South Dakota's air quality statutes are in SDCL Chapter 34A-1. Regulations are in ARSD Article 74:36. Federal rules adopted by reference are in ARSD Articles 74:36, 74:36:07, and 74:36:08.

¹ The specific permit process necessary is determined based on a case-by-case review of a permit application.

² BME — Board of Minerals and Environment.

Drinking Water System - Certificate of Approval

Why is it important?

A certificate of approval confirms the drinking water system went through the required planning process. Without adequate technical, managerial, and financial capacity, systems cannot comply with the 1996 Safe Drinking Water Act amendments. New systems are required to complete the planning process before beginning operation.

Who needs one?

All new community and non-transient non-community water systems beginning operation after October 1, 1999 must obtain a certificate of approval before beginning operation. This includes systems not initially meeting the threshold but designed to eventually qualify as a public water system.

Community Water System

A water system which supplies drinking water to 25 or more of the same people year-round in their residences.

Non-Transient, Non-Community Water System

A water system which supplies water to 25 or more of the same people at least six months per year in places other than their residences. Some examples are schools, factories, office buildings, and hospitals which have their own water systems.

Process Timelines

• Submit New Water System Application and business plan no later than 90 days before anticipated start of operation.
• Submit plans and specifications no later than 30 days before anticipated bid-letting and contract award date.
• Submit the operations and maintenance manual as soon as practicable before system start-up.

Concentrated Animal Feeding Operations (CAFO)

Why are concentrated animal feeding operations (CAFOs) regulations important?

Regulations for concentrated animal feeding operations in South Dakota establish environmental standards for engineers, crop consultants, and producers to properly manage the manure, litter, and process wastewater the appropriate design, construction, operation, and management of animal feeding operations to protects the state’s surface water resources and shallow aquifers.

The federal Clean Water Act passed by Congress in 1972 along with regulations developed by the U.S. Environmental Protection Agency (EPA) in 1974 set the basis for CAFO regulations. These regulations were updated in 2012 and use the National Pollutant Discharge Elimination System (NPDES) Permit Program to regulate CAFOs. South Dakota law requires CAFOs to operate under a water pollution control permit. Animal feeding operations meeting the regulatory definition of a CAFO can obtain state or NPDES coverage under South Dakota’s General Water Pollution Control Permit for Concentrated Animal Feeding Operations (general permit) which became effective on April 15, 2017.

Do I need a permit?

You need a permit if you have a concentrated animal feeding operation (definition below) or if you have an operation required by local government regulations, such as county zoning ordinances, to obtain approval.

What is the definition of a concentrated animal feeding operation?

A CAFO is a lot or facility that stables or confines and feeds or maintains animals for a total of 45 days or more in any 12-month period and meets the following criteria for a large, medium, or small concentrated animal feeding operation:

• A large CAFO as described in Table 1 on the following page.
• A medium CAFO as described in Table 1 and meets one of the following conditions:
  1. Pollutants are discharged into waters of the state through a man-made ditch, flushing system, or other similar man-made device; or
  2. Pollutants are discharged directly into waters of the state which originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.
• A small CAFO as described in Table 1 and designated as a CAFO by the Secretary.

CAFO Size Definitions

¹ Animals are counted individually once separated from the mother.

² Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs.

³ Animal feeding operation uses a liquid manure handling system.

⁴ Animal feeding operation uses other than a liquid manure handling system.

NOTE: Other animal types not listed in the above table may be considered on a case-by-case basis.

How Does the Permitting Process Work?

The permitting process begins when a producer submits an application to DANR for general permit coverage. The permit application must include a Certification of Applicant form, a Notice of Intent form, information on ownership of the operation, plans and specifications sealed, signed, and dated by a South Dakota licensed professional engineer, a signed operation and maintenance guideline, and a nutrient management plan. The permit steps have minor differences for obtaining state or NPDES coverage.

Where do I get a feedlot permit?

For more information, please contact Troy Roth (Email Troy Roth), Livestock Services Program, at (605) 773-4647.

Bulk Fertilizer and Pesticide Storage Facilities

What is considered bulk storage?

A bulk storage facility is an area, location, tract of land, building structure, or premises constructed to store bulk agricultural chemicals. Any volume of commercial fertilizer transported or held for resale in an immediately reusable container in undivided quantities greater than 100 pounds net dry weight or 55 gallons (liquid) is bulk commercial fertilizer. All permanent bulk pesticide storage containers capable of holding more than 300 gallons (liquid) or 100 pounds (dry) must be located within a bulk pesticide storage facility with secondary containment approved by DANR.

Do I need a permit?

Any new, altered, or existing facility storing fertilizer or pesticide is required to file a Bulk Fertilizer/Pesticide Storage Facility Permit application. New facilities must submit the permit application prior to construction. Plans and specifications must be submitted to DANR for review and approval before construction may begin.

How does the permitting process work?

The applicant submits a permit application including two engineered drawings/diagrams, location of storage containers and buildings, dimensions of the containment area, diameter and height of each tank, and two copies of a plumbing diagram. Within 60 days, DANR will send a notification of denial or approval. After construction, DANR performs a final site inspection. A permit is granted only after the facility passes inspection.

Groundwater Discharge Plan

Why are groundwater discharge regulations important?

Groundwater is one of the most precious natural resources in South Dakota. Because of the lack of dependable surface water supplies, our rural residents and 79 percent of our public water supply systems rely on groundwater as their source. In 1989, the SD Legislature declared groundwater a resource of immeasurable value (SDCL 34A-2-104) to public health and welfare. Once polluted, it is extremely difficult and expensive to clean up. The state implements a groundwater protection strategy promoting pollution prevention, correction of existing pollution, and close control of limited degradation.

Applicable Statutes and Regulations

The groundwater protection strategy is outlined in SDCL Chapter 34A-2-103. The Groundwater Discharge Plan is a permit package consisting of up to three separate, but related permits: a Construction Permit, a Water Quality Variance Permit, and a Groundwater Discharge Permit. These three permits are regulated under ARSD Article 74:54:02 and may be applied for under a single application. Groundwater beneficial use classifications and water quality standards are established under ARSD Article 74:54:01 and help define protection limits required for Groundwater Discharge Plans. Concentrated animal feeding operations (CAFOs) have specific requirements for Groundwater Discharge Plans, which are outlined in SDCL Chapter 34A-3-24.

Do I need to notify you?

If you own or operate a facility that is planning to discharge wastes or pollutants that may move directly or indirectly to groundwater, you must apply to the department Secretary at least 180 days before any discharge. This includes certain concentrated animal feeding operations (CAFOs). Facilities currently discharging without a Groundwater Discharge Plan should contact the department for information on how to obtain a plan. Once the Secretary determines the application is complete, a notice of recommendation is published in a local legal newspaper and on the DANR public notice website. This is followed by a 30-day period allowing for submissions of petitions contesting DANR’s recommendations and requesting a contested case hearing before the Water Management Board. If you are unsure if your activity may require a Groundwater Discharge Plan, please contact the department at the contact information below for assistance.

Mining Permits and Exploration Notices of Intent

Why are mining regulations important?

Regulations for mining activities ensure the environmental protection of water, air, and other natural resources and require all operators to reclaim lands they have impacted with mining activities to beneficial uses. Prior to 1971, there were no reclamation requirements or environmental protections for mining activities, which resulted in improper disposal of mine wastes, leading to unproductive lands and the pollution of water resources.

What are the applicable laws and regulations for mining and mineral exploration?

• Mine License — SDCL 45-6 and 45-6B-106
• Mine Permits — SDCL 45-6B and ARSD 74:29
• Mineral Exploration — SDCL 45-6C
• Uranium Exploration — SDCL 45-6D

What type of mine permit/license do I need?

A mine license is required to mine the following materials:

• Sand, gravel, rock to be crushed for use in construction, pegmatite minerals, and limestone.
• Iron ore, gypsum, shale, pozzolan, and other materials used in the process of making cement or lime.
• Lake-dredged sediments used as potting soil, soil material, soil amendment, or soil conditioner.

A mine permit is required for the following:

• To mine any substance with economic value, whether organic or inorganic, with the exception of water, oil, gas and those items listed under the requirements for a mine license.
• Any milling/processing facility utilizing chemical or biological leaching agents.

A mineral exploration notice of intent is required for exploration activities undertaken to define, prove, or identify a mineral resource.

A uranium exploration permit is required for exploration activities undertaken to define, prove, or identify a uranium resource.

Mineral exploration projects frequently also involve water needs or dewatering. If your project may require water, contact the Water Rights Program to determine whether a temporary or standard water right permit is also needed.

Do I need to notify you?

Exploration notices of intent are not required for activities causing very little surface disturbance (airborne surveys, non-explosive seismic sources, or shallow drill holes). They are required if roads will be built, holes drilled more than 50 feet deep, or explosive seismic sources used. Recreational and hobby miners using only hand-held equipment do not need a permit. Landowners using mined material for personal use are exempt from mining licenses.

Surface Water Discharge (NPDES) Permits

Why are surface water discharge permits important?

Surface water discharge permits regulate “point sources.” These permits establish limits on the amount of pollutants that may be discharged from regulated facilities, preventing the treated effluent from degrading the quality of the receiving waters. EPA delegated authority for this program to South Dakota on December 30, 1993.

Who needs a permit?

Surface Water Discharge permits are required for any regulated point source discharging pollutants to surface waters of the state. Most facilities regulated by this program include: municipal wastewater treatment facilities, large-scale mining operations, and certain industrial facilities.

Pretreatment Industrial User Permit: These permits are issued to industries discharging process wastewater into a city's sanitary sewer. These permits are issued locally by the cities of Aberdeen, Brookings, Huron, Mitchell, Rapid City, Sioux Falls, and Watertown. Industries in all other cities discharging into existing sanitary sewers should contact DANR. Contact: Kyle Doerr — Email Kyle Doerr | (605) 773-3351.

Biosolids Management Permit: For facilities disposing of or beneficially reusing biosolids from municipal wastewater treatment. Contact: Kyle Doerr — Email Kyle Doerr | (605) 773-3351.

General Permit for Pesticide Discharges / Animal Pesticide Discharges: Required for pesticide applicators discharging into state waters. Contact: Nick Kelly — Stormwater@state.sd.us | (605) 773-3351.

Applications should be submitted at least 180 days prior to any discharge. Regulations are in ARSD Article 74:52.

Stormwater Discharge Permits

Why is stormwater management important?

Polluted stormwater runoff from construction sites, industrial sites, and urban areas contributes TSS, oils, debris, and potentially other pollutants to surface water bodies. The Clean Water Act was amended to include permitting of stormwater discharges into the National Pollution Discharge Elimination System (NPDES). Stormwater management permits under this program require planning, design, and implementation of Best Management Practices (BMPs) to prevent pollutants from being discharged into local water bodies. DANR took over the program from EPA in 1993.

Who needs a Stormwater Permit?

• Municipal separate storm sewer systems serving a population of at least 10,000 people.
• Facilities engaged in "industrial activity" (hazardous waste facilities, landfills, airports, wastewater treatment, recycling, manufacturing, mining).
• Construction activities that disturb at least one acre of land.

How do I get a permit?

Fill out a Notice of Intent and submit it at least 15 days before beginning your operation. General permits have been developed to simplify the process.

Temporary Surface Water Discharge Permit

Why is a Temporary Discharge Permit important?

To facilitate discharges that are temporary, non-recurring, and relatively uncontaminated, DANR has issued a temporary discharge surface water general permit. The temporary discharge permit reduces the timescale and burden of permitting while protecting surface waters.

Who needs a Temporary Discharge Permit?

Temporary discharge applicability is considered on a case-by-case basis but is generally applicable to non-recurring discharges from:

• Dewatering (non-construction related, or for construction sites less than one acre or with petroleum contaminated groundwater)
• Hydrostatic testing
• Treated water
• Various other sources

How do I get a Temporary Discharge Permit?

Fill out a Notice of Intent and submit it at least 15 days before beginning any temporary discharge activities.

Oil and Gas Permits

Why are oil and gas rules important?

SDCL Chapter 45-9 requires the Board of Minerals and Environment and the department to promote development of oil and gas resources in a manner that prevents waste, encourages greatest economic recovery, and protects correlative rights, groundwater resources, the environment, and human health.

Types of Approval Processes

There are five types: (1) spacing, pooling or unitization requests; (2) potential contested case hearings (Notice of Recommendation Procedure); (3) drilling, deepening or reentering requests; (4) Underground Injection Control Class II Permits to Inject; and (5) Sundry Notice requests for approval.

Drilling, deepening, or reentering requests (Application for Permit to Drill): Forms and procedures available at danr.sd.gov/Environment/MineralsMining/OilGas/OilGasForms.aspx.

Solid Waste Permit

Why are solid waste regulations important?

SDCL 34A-6 requires that any person intending to dispose of solid waste within South Dakota comply with provisions of state law. Prior to the early 1970s there were few restrictions on disposal. Following state laws in the 1970s and federal legislation, a permitting program was developed. In 1993 the state received EPA approval for its program, allowing state flexibility in applying federal rules.

Do I need a permit?

Individuals, government entities, businesses and industries must obtain a permit only if they own or operate a solid waste facility. Farmers and ranchers may dispose of their own domestic waste on their own land without a permit if the waste is generated on their property, does not threaten human health or the environment, and does not unduly pollute air or water. Statutes: SDCL 34A-6; Rules: ARSD 74:27.

Is there an application fee?

Yes. Each solid waste permit application, renewal application, or amendment is subject to an application fee as determined by ARSD 74:27:08:03:

Construction and Disaster Debris Disposal

The South Dakota Department of Agriculture and Natural Resources (DANR) Waste Management Program has developed guidance to help properly manage disaster debris including building fires, storm/flood debris, and disposal of used sandbags, sand, and plastic sheeting. If normal disposal channels are overwhelmed, trees and brush may be burned under local ordinances, and mixed debris should have toxic items removed before burning with assistance from fire departments. Household chemical waste must go to household hazardous waste or municipal solid waste facilities. Residential demolition debris can be disposed of at permitted facilities or burned if needed. Non-residential structures are to be treated as containing asbestos unless inspected and cleared.

Guidance documents can be found on our webpage:

• Building Fires/Fire Debris Management
  danr.sd.gov/Environment/WasteManagement/Asbestos/docs/BuildingFireDebrisGuidance.pdf
• Storm/Flood Debris Guidance
  danr.sd.gov/Environment/WasteManagement/SolidWaste/docs/Storm%20Flood%20Debris.pdf
• Floodwater & Sandbag Reuse & Disposal Guide
  danr.sd.gov/Environment/WasteManagement/SolidWaste/docs/sandbags.pdf

Water Right Permit

Why are water rights important?

Water is the property of the people of the state. A water right holder is afforded legal rights similar to a private property right, including the right to make personal and beneficial use of the public's resource. Once obtained, a water right remains effective indefinitely provided water use is within permit parameters and not forfeited due to nonuse or abandonment. Domestic use takes highest precedence over appropriative uses.

What criteria must be met for a water right to be issued?

1. There is a reasonable probability that unappropriated water is available;
2. The proposed diversion can be developed without unlawful impairment of existing rights;
3. The proposed use is a beneficial use; and
4. The proposed use is in the public's interest.

Process Overview

• Applicant files a complete water permit application; date of filing establishes priority date.
• DANR reviews the application; within 60 days makes a recommendation to approve, deny, or defer.
• DANR prepares and provides public notice for newspaper publication, which includes:
  • Recommendation of the Chief Engineer.
  • Directions for the public to file petitions or comments² within ten days of publication.
  • Public notice may schedule a hearing due to public interest or policy issues.
• For approval recommendations:
  • If no opposing petitions are filed, water permit is issued.
  • If opposing petitions are filed, a hearing is scheduled before the Water Management Board.
  • Any intervening party can request one automatic delay³ to prepare for the hearing.
• For denial recommendations:
  • Applicant is informed prior to public notice and has 20 days to act.
  • If applicant does not contest the denial, application is withdrawn.
  • If applicant disagrees, a Board hearing is scheduled.
• For deferral recommendations:
  • Applicant is informed what additional study is needed.
  • Hearing is scheduled for the Board to consider deferral.
• The Board can issue a decision at the conclusion of the hearing.
  • Board may require Findings of Fact, Conclusions of Law, and Final Decision.
  • Board adopts final decision at next meeting.
• Parties have 30 days to appeal the decision to circuit court.
• If the Board approves the application and no appeal is filed, the water permit is issued.

² Comments are filed for the Board but do not cause a hearing.

³ Minimum of 20 days or until next Board meeting.

Permitting Times¹

¹ Based on complete application.

Public Notice Information

• DANR prepares public notice and provides to newspaper(s).
• Applicant authorizes and pays for publication of notice.
• Cost of publication varies from $50 to $100 for each newspaper.
• Public notice appears once in each county where water is diverted or used.
• Notice must appear in at least one daily newspaper and on the DANR website.

Dam Safety

Dams with a height to the dam crest greater than or equal to 25 feet and the storage at the dam crest (not at the spillway elevation) greater than 15 acre feet, or with a height to the dam crest greater than 6 feet and the storage at the dam crest (not at the spillway elevation) greater than or equal to 50 acre feet, are subject to dam safety review. The height of the dam is the difference in elevation between the natural bed of the watercourse or the lowest point on the toe of the dam, whichever is lower, and the crest elevation of the dam. The size, location, and nearby risks determine the scope, required information, and timeline of the review.

Apiary License

Why are apiary regulations important?

The goals of the apiary inspection program are to protect South Dakota’s apiary (beekeeping) industry from the spread of apiary diseases such as American Foulbrood and parasitic mites such as Varroa mite and Tropilaelaps mite if it becomes identified in the United States; to coordinate the interstate movement of bees; to advise beekeepers on the identification and treatment of honeybee pests and diseases; and to promote the value of beekeeping to the residents of South Dakota and the value of the premium honey produced in the state.

Do I need a permit, and which statutes and rules apply?

State law requires that all apiaries in South Dakota — including hobbyists — must be registered with DANR by February 1 of each year or within 10 days after coming into possession of an apiary.

State law also mandates that each commercial apiary within the state must be three or more miles from the nearest commercial apiary. Exemptions to the three-mile limit include:

• Hobbyist beekeepers that operate five or fewer apiaries and have no more than ten hives; and
• Landowner-beekeepers.

Movement of bees into South Dakota requires an entrance permit. The entrance permit is needed for queens, nucs, packages, colonies, and equipment. Anyone bringing bees into South Dakota must also have a health certificate from the state of origin. Those moving bees out of South Dakota may use DANR’s inspection service to secure a health certificate.

DANR has the authority to inspect bee colonies to determine the presence of any bee disease or regulated pest. If unacceptable levels of disease or pest are found, the beekeeper is required to eliminate the problem or will become liable for all costs incurred to abate the problem.

Statutes: SDCL 38-18 (Apiaries).

How does the permitting process work?

All beekeepers must register each apiary at a cost of $16 per apiary, plus $1 per apiary for the Honey Promotion Fund. A beekeeper must also apply for a compliance agreement if they ship bees out of state, at a cost of $50. Upon completion of a satisfactory review, DANR will issue a permit.

Asbestos

Most uses of asbestos have been federally banned or restricted since asbestos was found to cause lung cancer and other respiratory diseases. An estimated 30 million tons were used in thousands of building products since the late 1800s. The regulations apply to remodeling or demolition projects in public or commercial buildings. Private residences and apartment buildings with four or fewer dwellings are exempt. Any subject project requires a notification to the department 10 days prior to the start of the project. Contractors involved in asbestos projects must hold a South Dakota asbestos certification card.

Statutes: SDCL Chapter 34-44. Emission standards: ARSD Article 74:36:08 (adopts 40 CFR Part 61). Training and certification: ARSD 74:31.

Drinking Water

Congress passed the Safe Drinking Water Act in 1974 to regulate contaminants in drinking water. The state assumed enforcement from EPA in 1983. Any water system serving at least 25 people or 15 service connections for at least 60 days per year is classified as a public water system and is regulated under the SDWA. Federal regulations: 40 CFR 141-142. State statutes: SDCL 34A-3A. State rules: ARSD 74:04:12 (Drinking Water Standards), 74:04:07 (Laboratory Certification), 74:04:09 (Capacity Development), and 74:04:11 (Sanitary Surveys). New drinking water systems must obtain a certificate of approval from DANR before beginning operation (see Section IV, Drinking Water Cert.).

Hazardous Waste

The Resource Conservation and Recovery Act (RCRA) gave EPA authority to regulate industrial wastes. The regulations establish a “cradle-to-grave” system for managing hazardous waste and impose different requirements on hazardous waste generators based primarily on how much hazardous waste they generate each calendar month. Generators must determine whether their waste is hazardous, obtain an EPA identification number if required, properly label and accumulate waste in approved containers, train employees, prepare for emergencies, and use the hazardous waste manifest system to track shipments to permitted treatment, storage, or disposal facilities. RCRA divides generators into three categories based on the amount of hazardous waste generated per calendar month. Very small quantity generators generate less than 220 pounds of hazardous waste per calendar month, small quantity generators generate between 220 and 2,200 pounds of hazardous waste per calendar month, and large quantity generators generate greater than 2,200 pounds per calendar month. South Dakota’s hazardous waste laws can be found in SDCL 34A-11 and rules in ARSD Article 74:28, incorporating by reference 40 CFR Parts 260-279.

SARA Title III

Title III of the Superfund Amendments and Reauthorization Act (1986), also known as the Emergency Planning and Community Right to Know Act (EPCRA), establishes the public's right to know what chemicals are stored in their communities and requires state and local governments to establish Local Emergency Planning Committees (LEPCs). Federal regulations: 40 CFR 300-355. State statutes: SDCL Chapter 1-50.

Tier II and Section 311 Reports: Due annually by March 1st. Required if OSHA hazardous substances on-site exceed 10,000 lbs at any one time, or if Extremely Hazardous Substances (EHS) meet or exceed 500 lbs or the EHS Threshold Planning Quantity (whichever is less). Retail gas stations storing fuel underground have thresholds of 75,000 gallons for gasoline and 100,000 gallons for diesel. Section 311 reports are due within 90 days of beginning new storage.

Section 302/303 Reports: Due within 60 days of beginning reportable storage of an EHS.

Toxics Release Inventory (TRI) Reports: Due by July 1st annually. Required for facilities with 10+ employees (20,000 hours total) that manufacture, process, or use a listed chemical above threshold in a covered industry sector.

Seed Inspections

Why is the seed inspection program important?

SDCL Chapter 38-12A gives DANR the authority for developing and enforcing the state’s seed program. The law sets standards for the sale of seed to ensure consumers receive accurately labeled seed. Inspectors routinely visit seed dealers, elevators, lawn and garden stores, and certified seed growers to check for compliance with seed law and to collect random samples of seed offered for sale. Samples are tested by the SDSU seed lab at Brookings to determine if label information is accurate. Common factors checked include kind, variety, purity, weed seed content, germination, other crop seed, and inert matter.

Required label information for agricultural seed

• The name of the kind, or kind and variety, or kind and “variety not stated” for each agricultural seed component in excess of 5% of the whole, and the percentage by weight of each in order of predominance. Mixtures shall be listed using the term “mixture,” “mixed,” or “mix.”
• Hybrids must be labeled as hybrids, unless the pure seed contains less than 75% hybrid seed. If the percentage is greater than 75% but less than 95%, the percentage of hybrid must be labeled parenthetically following the variety.
• Lot number or other lot identification.
• State or foreign country of origin, if known, or for perennials when grown in this state. If unknown, the label must state that the origin is unknown.
• Percentage by weight of all weed seed.
• Name and rate of occurrence of each kind of restricted noxious weed seed, listed under the heading “noxious weed seeds.”
• Percentage by weight of agricultural seeds other than those required to be named on the label, listed under the heading “other crop.”
• Percentage by weight of inert matter.
• For each named agricultural seed:
  • Percentage of germination, exclusive of hard and dormant seed (tetrazolium tests may be substituted for germination tests for green needlegrass and western wheatgrass);
  • Percentage of hard and dormant seed, if present;
  • The additional statement “total germination and hard and dormant seed” may be stated, if desired;
  • The calendar month and year the test was completed.
• Name and address of the seedsman or seed producer who labeled the seed.

Prohibited and restricted noxious weed seeds

It is unlawful to sell, offer, expose for sale, or transport for sale any seed in South Dakota if it contains any of the following prohibited noxious weed seeds in any amount:

• Field bindweed
• Leafy spurge
• Russian knapweed
• Hoary cress
• Perennial sowthistle
• Palmer Amaranth
• Canada thistle
• Horse nettle

The following restricted noxious weed seeds shall not exceed a cumulative total of 20 per pound:

• Wild oats
• Dodder
• Hedge bindweed
• Wild mustard
• Field pennygrass
• Wild carrot
• Annual bluegrass
• Musk thistle
• Spotted knapweed
• Giant foxtail
• Plumeless thistle
• Quackgrass

Seed containing weed seeds in excess of 1% by weight (or 3% for bluestems, indiangrass, gramas, and prairie sandreed) or in excess of the amount declared on the label is also prohibited.

Do I need a permit, and which statutes and rules apply?

Before selling, distributing, advertising, soliciting orders for, offering for sale, exposing for sale, or transporting seed, a person must obtain a seed permit from DANR. A permit is not required for those who sell or advertise seed they have produced, provided the seed is stored or delivered only to a purchaser on or from the farm where it was grown, or the production and sale of seed is not a primary source of income to the seller.

Statutes and rules: SDCL Chapter 38-12A; ARSD 12:36; ARSD 12:36:07 (GMO Rules); 7 CFR Part 201 (Federal Seed Act Regulations); 7 CFR Part 202 (Federal Seed Act Rules of Practice).

How does the permitting process work?

Each permit expires on December 31 of the year following the date of issue. The biennial permit fees are:

Permit Type	Fee	Description
Seedsman	$500	Any person who purchases, conditions, labels, or sells seed as a major part of their business.
Seed Producer	$75	Any person who labels and sells seed only of their own production. (A permit is not required if seed is stored or delivered to a purchaser only on or from the farm where grown, or if production and sale of seed is not a primary source of income.)
Seed Dealer	$75	Any person who exposes seed for sale, maintains an unsold inventory, and sells seed or takes and fills orders for a Seedsman or Seed Producer, but does not condition or label seed.

On-site Septic Systems

Why are on-site wastewater system regulations important?

Approximately 25 to 30 percent of South Dakota residences use on-site wastewater treatment systems. These systems have the potential to contaminate groundwater and surface water if they are not installed and operated properly. Regulations were developed to ensure proper wastewater system construction and wastewater treatment for new or modified systems.

What regulations apply?

The authority for regulating on-site wastewater systems is found in SDCL Chapter 34A-2. The regulations are in the ARSD Articles 74:53:01. These regulations are the state’s minimum requirements and standards, but local governments may have more stringent regulations. Typically, local requirements are found by contacting county government or the local planning and zoning agency in your area.

When should I contact DANR if I am working with individual and small on-site wastewater systems?

You should contact DANR prior to the installation of any new on-site system except those conventional on-site systems serving an individual residence. DANR will review information about the on-site system to make sure it complies with the regulations.

Plans and specifications must be submitted to DANR for any installation that will receive human excreta other than a conventional individual onsite system, per ARSD 74:53:01:03. For works of sanitary significance, plans and specifications must be submitted at least 30 days prior to the planned commencement of construction, per ARSD 74:53:04:05.

All persons who intend to install individual and small wastewater systems must be certified by the South Dakota Plumbing Commission (605) 773-3429.

Where can I get more information about the on-site system review process?

Requests for information about the on-site system review process can be directed to Abraham Waldner (Email Abraham Waldner) in the Livestock Services Program at (605) 773-4647.

Spill Reporting

When gasoline, pesticides, solvents, or other substances are spilled or released, there is potential for surface water, groundwater, human health, or the environment to be threatened. Report spills to DANR immediately if the amount meets any of the following: 25 gallons or more of a regulated substance (liquid, dry, or gaseous); 5 gallons liquid or 50 pounds dry pesticide spilled during transportation; 25 pounds of active ingredient pesticide spilled outside containment; causes a sheen on surface water; poses a risk to human health, safety, or wildlife; impacts or threatens groundwater or surface water; or meets or exceeds a federal reporting threshold. Statutes: SDCL Chapter 34A-12. Regulations: ARSD Article 74:34.

Underground Storage Tanks / Aboveground Storage Tanks

Just one gallon of a petroleum product can pollute one million gallons of water. EPA established standards for underground storage tanks in 1988; DANR administers this federal program in South Dakota and also regulates aboveground storage tanks. If you own or operate a facility with a regulated storage tank containing petroleum or another regulated substance, the tank must be registered with the department. Prior to installation of regulated tanks, plans and specifications must be submitted to DANR for review and approval. Statutes: SDCL Chapters 34A-2-98, 34A-2-99, 34A-2-100, and 34A-2-101. Rules: ARSD Articles 74:56:01, 74:56:02, and 74:56:03.

Underground Injection Wells

The federal Safe Drinking Water Act protects all sources of drinking water, including aquifers. The underground injection control (UIC) program regulates injection of waste into the subsurface. If you operate any type of injection well, you need to notify the department. Statutes & Rules: SDCL Chapter 45-9 and ARSD Chapter 74:12:07 (Class II); 40 CFR Parts 144–147 (all others regulated by EPA).

Well Classes

• Class I: Banned in South Dakota. Hazardous and municipal waste disposal wells.
• Class II: Used for disposal of oil and gas production wastes or enhanced recovery. Regulated by DANR. Contact Lucy Blocker.
• Class III: Used to extract minerals (solution mining). Regulated by EPA.
• Class IV: Banned in South Dakota. Shallow hazardous waste injection wells.
• Class V: Includes geothermal return wells, domestic wastewater disposal wells (septic systems), and wells used in groundwater remediation. Class V wells are regulated by the EPA; contact EPA Region 8 at (303) 312-6312 or visit epa.gov/uic/class-v-injection-wells for registration and compliance requirements. Septic systems serving more than 20 people that qualify as Class V wells also require DANR notification and approval. Notification is not required for septic systems serving 20 or fewer people.
• Class VI: Geologic sequestration of carbon dioxide. Regulated by EPA.

Water and Wastewater Operator Certification

Any wastewater treatment plant or wastewater collection system serving 500 or more people must employ a certified operator. All community and non-transient non-community water systems must have a certified water treatment and distribution operator.

Community Water System

A water system which supplies drinking water to 25 or more of the same people year-round in their residences.

Non-Transient, Non-Community Water System

A water system which supplies water to 25 or more of the same people at least six months per year in places other than their residences. Some examples are schools, factories, office buildings, and hospitals which have their own water systems.

There are certifications in water treatment, water distribution, wastewater treatment, wastewater collection, stabilization ponds, small water treatment systems, and very small water systems. Rules: ARSD Article 74:21. Statutes: SDCL Chapter 34A-3. Training courses are presented 18 times throughout the state by the South Dakota Rural Water Association (under contract to DANR). Operators must score 70 or more points out of 100 to pass the exam and must renew certification each year.

Nursery Inspections

Why is the nursery inspection program important?

State law prohibits any person from selling, offering for sale, or distributing any nursery stock, decorative plant, annual plant, sod, or related plant products infested with a pest. Additionally, a nursery operator may not knowingly permit pests to remain on their property.

A “pest” is any of the following that is or may be dangerous or detrimental to the state’s plant industry:

• Any infectious, transmissible, or contagious disease of any plant;
• Any disorder of any plant with apparent symptoms or behavior which the Secretary of Agriculture determines is infectious, transmissible, or contagious;
• Any form of animal life; and
• Any form of plant life.

Department inspectors visit greenhouses, tree nurseries, and nursery plant retail outlets to inspect plants that will be or are being offered for sale, helping ensure that consumers receive healthy, viable plants. South Dakota-grown nursery plants being shipped out of state are also inspected and certified as meeting standards of plant health for interstate commerce.

Do I need a license, and which statutes and rules apply?

South Dakota law requires that no person may intentionally misrepresent the grade, character, variety, hardiness, or quality of nursery plants, decorative plants, annual plants, sod, or related plant products offered for sale or distribution.

Before any person accepts shipment of any nursery plant, decorative plant, annual plant, or sod intended for resale or redistribution, the shipment must have a valid certificate showing that the contents have been inspected by an official state or federal inspector. If a shipment does not have a valid certificate of inspection, the Secretary of Agriculture and Natural Resources may quarantine the shipment and hold it for inspection.

Any person receiving a shipment of nursery stock from any foreign country shall notify DANR of the arrival of that shipment, the contents, and the name of the consignor. The shipment cannot be opened until it is inspected and released by DANR.

Statutes and rules: SDCL 38-22, SDCL 38-24B, ARSD 12:51, and ARSD 12:62.

How does the licensing process work?

A separate license is required for each location selling or offering nursery plants for sale and must be prominently displayed wherever nursery stock is offered. Licenses must be renewed by January 1 each year. DANR may annually inspect all nurseries in the state.

License Types and Fees

Section 401 Water Quality Certifications

Why are Section 401 Water Quality Certifications important?

Section 401 of the Clean Water Act provides states an opportunity to review and address water quality concerns associated with proposed activities that may be permitted through a federal permit. These certifications ensure federal activities do not circumvent the state’s authority to protect the state’s waters.

What statutes and regulations apply to this certification?

Section 401 of the Clean Water Act. Legislative authority: SDCL Chapters 34A-2-11, 34A-2-33, 34A-2-34, and 34A-2-93. Regulations: ARSD Article 74:51:01:63–65.

How do I get a certification?

DANR can grant, grant with conditions, deny, or waive the certification. Activities requiring a water quality certification must be public noticed. A 401 certification application can be submitted online at sd.gov.

Water Resource Enhancement and Restoration (WRER)

Why are Water Resource Enhancement and Restoration permits important?

WRER permits support projects that enhance and restore South Dakota’s water resources, including streams, wetlands, and other surface waters. Permit requirements ensure that enhancement and restoration activities are conducted in a manner that protects water quality and aquatic habitat.

What statutes and regulations apply to this permit?

Currently ARSD 74:51:01 informs this permit and requires a 10-day public notice period to ensure surface water quality protections.

What activities require a WRER, and how do I get one?

Activities intending to enhance or restore natural water bodies — including clearing out muck, pesticide applications to reduce aquatic plant cover, and reshaping the bank or bottom of waterbodies — may require a WRER permit. If you intend to work in a stream channel, in a lake, or in a wetland, please contact DANR to determine if your project requires a WRER or other permit.

Weed Free Forage Program

Why are weed free forage certification regulations important?

There is a growing demand for the use of certified weed free forage and mulch as a preventative program to limit the spread of noxious and invasive weeds. The goal of this program is to provide guidelines to set minimum requirements for uniform participation of provinces and states in the program.

The standards are designed to provide assurance to all participants that forage certified through this program meets a minimum acceptable standard. These regional standards are the same between provinces and states in the program and are designed to limit the spread of noxious and invasive weeds through forage and mulch.

Certifiable forage products include: straw, alfalfa/grass hay, forage pellets/cubes, alfalfa hay, grain hay, and grass hay.

Do I need a permit, and which statutes and rules apply?

No permit is needed. Producers can voluntarily have their forage and mulch certified by DANR. DANR has a memorandum of understanding (MOU) with the North American Invasive Species Management Association (NAISMA) and follows the minimum standards set by NAISMA, which include noxious and invasive species. Currently, 63 species of weeds are inspected for in order to have a field certified. Fields must be inspected prior to harvest.

Certified public and provincial lands have areas that require North American weed free forage. Weed free forage is required on many U.S. Forest Service and Bureau of Land Management lands, in National Parks, Bureau of Reclamation land, military locations, tribal lands, and National Fish and Wildlife refuges. Restrictions may apply to other lands administered by provincial, county, state, or federal agencies. Respective land managers must be contacted for the most current information.

How does the certification process work?

Those wanting to have their growing fields inspected must fill out the application available at the link above to request an inspection. The cost is $250.00 for the first acre plus $2.00 for each additional acre. Once the application and payment have been received, DANR will schedule the inspection (minimum of 10 business days). The field must be inspected prior to cutting or harvesting. Tags will be issued after the certified field has been harvested and the number of bales has been reported to DANR. Tags cost $0.15 each and must be attached to each bale.

Wetlands — Discharge of Dredge or Fill Material

Why are wetlands important?

Wetlands are unique ecosystems that provide important functions and values to society. Some of the most notable include flood mitigation, water filtration, and habitat for game and non-game species such as waterfowl and pheasant. When wetlands are lost, local areas become more vulnerable to flooding, less likely to support key species, and more likely to have debris-laden or polluted surface water.

How do I know if I am working in a wetland?

Wetlands are known to have unique soil and plant characteristics and tend to be wet at least part of the year. To know for certain whether an area is a wetland, a biologist should be hired to conduct a wetland delineation. This work involves looking for evidence of water (hydrology) and examining the plant community and soil characteristics to determine if an area is wetland or upland. Absent a formal delineation, tools such as the National Wetland Inventory and Web Soil Survey are available to provide clues as to whether an area is likely wetland or upland.

Are all wetlands protected?

Mostly yes. While only some wetlands are protected at the federal level as “waters of the United States,” all wetlands meet the definition of “waters of the state” and most meet the definition of “surface waters of the state.”

Wetlands purposefully designed and built for wastewater treatment are not protected as surface waters of the state, nor are wetlands that form in roadside swales and stormwater basins. However, wetlands that exist in fields, forests, or elsewhere on the landscape are protected as surface waters of the state. If you are working in an area that you think might be a wetland and are not sure if it is protected, please contact DANR to discuss the project.

What statutes and regulations apply?

Federal: Wetlands meeting the definition of Waters of the United States under the Clean Water Act are protected by Section 404 of that Act. To determine if a wetland qualifies as WOTUS, contact the local U.S. Army Corps of Engineers (USACE) office.

State: ARSD 74:51:01:01(47) (definition of wetland); ARSD 74:51:01:11; ARSD 74:51:01:06–74:51:01:10; ARSD 74:51:01:12; ARSD 74:51:01:34–74:51:01:39; ARSD 74:51:01:52; ARSD 74:51:01:63–74:51:01:65.

What activities require a permit to discharge dredge or fill material into a wetland, and how do I get one?

Many activities involving work in wetlands regulated at the federal level (WOTUS wetlands) require a permit from the USACE. The only way to know for certain whether you need a federal permit under Section 404 is to contact the local USACE office and discuss your project with them.

Any activity that involves the discharge of dredge or fill material into a state-jurisdictional wetland will also require a state permit. At present, the state does not have a formal permit to issue for this type of activity. However, DANR is operating under a memo issued in June 2025 indicating that, while the Department is in the process of updating rules and possibly creating a permit for this work, applicants are asked to meet with DANR to discuss avoidance, minimization, and mitigation options for their project.

Commercial Feed License

Why are commercial feed rules important?

South Dakota follows national guidelines to make sure animal feed is safe for livestock and the people who eat animal products. The rules are based on the Association of American Feed Control Officials (AAFCO) standards and help ensure that any feed made or sold in South Dakota is safe, properly labeled, and free from harmful or banned substances.

Do I need to comply?

Anyone who manufactures a commercial feed in South Dakota, or whose name appears on the label of a commercial feed distributed in South Dakota, must obtain a license from DANR. The fee for a new or renewal license is $50 per in-state location or manufacturer name and location listed on a commercial feed label. There is no fee for in-state manufacturers who produce only customer formula feeds. Each license expires on December 31st of the year after the date it was issued. Commercial feed license applications for renewal must be received by January 31st of each year.

Statutes and Regulations

Federal regulations: 40 CFR Part 589. State statutes: SDCL Chapter 39-14 (Commercial Feeds). State rules: ARSD Article 12:53 (Commercial Feeds).

Commercial Fertilizer Distribution License

Why are commercial fertilizer regulations important?

Approximately 1,400,000 tons of commercial fertilizer is distributed in South Dakota each year. Federal and state regulations facilitate proper storage, use, and composition of fertilizer products manufactured or distributed in South Dakota.

Do I need to comply?

An annual commercial fertilizer distribution license is required of each person whose name appears on the label of a commercial fertilizer product. The cost of the biennial fertilizer distribution license is $25. All soil amendment products must also be registered; the registration expires after 2 years and the fee is $25 per product.

Statutes and Regulations

State statutes: SDCL Chapters 38-19 (Commercial Fertilizer Law) and 38-19A (Soil Amendment Law). State rules: ARSD Articles 12:44:03 (Anhydrous Ammonia Storage Rules) and 12:44:05 (Bulk Commercial Fertilizer Storage Rules).

Corn Borer Compliance Program

Why is the corn borer compliance program important?

Grain handlers shipping corn, broomcorn, sorghum (milo), or sudangrass to Arizona, California, Idaho, Nevada, Oregon, Texas, Utah, and Washington must have their grain passed through a scalper screen of ½″ mesh or less to remove stalks and cobs that harbor European corn borer (ECB) larvae. Shipments to these states must be accompanied by a Corn Borer Certificate of Inspection.

Do I need a permit, and which statutes and rules apply?

There is a $200 annual inspection fee to participate in the program. Grain handlers shipping into quarantined states enter into a compliance agreement with DANR. DANR annually inspects the required scalper screens to make certain prohibited large plant fragments — which could host ECB — will not pass through and get into the grain shipment.

Authority: SDCL 38-24A-20 — Special certificates on plants for export.

How does the certification process work?

Once the application for a compliance agreement is received — stating who is authorized to sign the inspection certificates for their company — it is signed by DANR. If it is a new application, the screens must be inspected prior to any grain shipment to make sure they meet requirements. Certificate books are then issued, allowing the grain handler to self-certify their shipments to the quarantined states.

Certificates issued under the compliance agreement are only applicable to shipments loaded at the facility listed in the agreement. The term of the compliance agreement is January 1 to December 31 of the current year. The certificate book is subject to inspection, and copies of certificates must be mailed to DANR after shipping as part of program requirements.

Pesticide Product Registration

Why are pesticide regulations important?

DANR works with the EPA to register and regulate pesticides in South Dakota under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). State law requires that all pesticide products sold in South Dakota be registered with DANR. DANR licenses applicators and conducts periodic inspections of applicators and retail facilities to ensure proper use, storage, and record keeping of pesticide products.

Do I need to comply?

All pesticide products sold in South Dakota must be registered with DANR annually for a fee of $165 (after expiration on June 30th). This includes herbicides, insecticides, fungicides, rodenticides, avicides, and predicides. Private applicators must be at least 18 years of age and certified. Commercial applicators must obtain a license ($35, valid 2 years). Dealers selling restricted-use products must also be licensed ($75, valid 2 years).

Statutes and Regulations

State statutes: SDCL Chapter 38-21 (Agricultural Pesticide Application) and SDCL Chapter 38-20A (product registration). State rules: ARSD Article 12:56 (Pesticides).

Phytosanitary Certificates and Export Inspections

Phytosanitary certificates are issued by DANR on plants or plant products for shipment to other states and countries in compliance with the plant inspection and plant quarantine regulations of the state or country of destination.

Applications for a phytosanitary inspection are made through the Phytosanitary Certificate Issuance and Tracking (PCIT) system, a nationwide program that tracks the inspection of agricultural commodities and certifies compliance with plant health standards of importing countries. This capability provides the U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) with better security, reporting functions, and monitoring capabilities for exported commodities.

Fees for Inspection, Sampling, or Issuing Certificates

Service	Fee
On-site inspection	$200
Field inspection	$250 for the first acre; $2 for each additional acre
State certificate	$50
Federal certificate	$125
Reissue state or federal certificate	$25
Federal administrative fee (applied to all PCIT transactions)	$6

Dairy

Why are dairy regulations important?

The milk sanitation program of the United States Public Health Service (USPHS) is one of its oldest and most respected activities. The interest of the USPHS in milk sanitation stems from two important public health considerations. First, of all foods, none surpasses milk as a single source of those dietary elements needed for the maintenance of proper health, especially in children and older citizens. For this reason, the USPHS has for many years promoted increased milk consumption. Second, milk has a potential to serve as a vehicle of disease transmission and has, in the past, been associated with disease outbreaks of major proportions. The incidence of milk-borne illness in the United States has been sharply reduced. In 1938, milk borne outbreaks constituted twenty-five percent (25%) of all disease outbreaks due to infected foods and contaminated water. Our most recent information reveals that milk and fluid milk products continue to be associated with less than one percent of milk borne disease outbreaks.

To assist States and Municipalities in initiating and maintaining effective programs for the prevention of milk borne disease, the USPHS, in 1924, developed a model regulation known as the Standard Milk Ordinance for voluntary adoption by State and Local Milk Control Agencies. To provide for the uniform interpretation of this Ordinance, an accompanying Code was published in 1927, which provided administrative and technical details as to satisfactory compliance. This model milk regulation, now titled the Grade “A” Pasteurized Milk Ordinance (Grade “A” PMO). The Department of Agriculture and Natural Resources adopts the PMO with in our codified laws and administrative rules. The purpose of South Dakota Codified Law 40-32, 39-6, and 39-8 is to protect the public health and to provide regulatory oversight for all processes related to the production, transfer, storage and manufacturing of milk and milk products.

What is a dairy farm and a milk plant, and which statutes and rules apply if I operate one?

A dairy farm is any place or premises where one (1) or more lactating animals (cows, goats, sheep, water buffalo, camels, or other hooved mammal) are kept for milking purposes, and from which a part or all of the milk or milk product(s) is provided, sold, or offered for sale to a milk plant, receiving station or transfer station.

A milk plant is any place, premises; or establishment where milk and/or milk products are collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaged, fermented high-acid, shelf-stable processed and packaged, condensed, dried, packaged, or prepared for distribution.

SDCL 40-32 Milk Plants, Producers, Distributors
SDCL 39-6 Milk and Milk Products, Grades and Standards
SDCL 39-8 Frozen Desserts

How does the permitting process work?

The permitting process requires consultation with the department before starting any construction. DANR will advise you on the requirements and assign an inspector to your project. The inspector will be in contact through the entire process with on-site visits, plans review and meetings with contractors. Once the project is complete the inspector will complete an inspection report. If the results of the inspection are satisfactory the department will issue a permit.

Where do I get more information?

For specific questions related to dairy requirements, please contact Gene Stegeman (Email Gene Stegeman) or any of the staff in the Livestock Services Program, Dairy/Egg office, at (605) 688-6455.

Dairy Farm Permit

A producer engaged in the business of producing milk and offering for sale that milk for purposes other than Grade A milk pursuant to the provisions of SDCL, chapter 39-6 and before the milk is to be transported from the premises of the producer, shall obtain a permit from the secretary. A producer engaged in the business of producing raw milk for human consumption pursuant to the provisions of SDCL, chapter 39-6 and before the raw milk is sold directly to the consumer, shall obtain a permit from the secretary.

Dairy Farm Inspection Fee / Raw Milk Assessment Fee

The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish the raw milk assessment fee which may not exceed one cent per hundredweight on all milk purchased.

Dairy Raw Milk for Human Consumption Farm Inspection Fee

Any producer of milk who is selling raw milk for human consumption directly to the consumer shall obtain a license pursuant to the provisions of SDCL § 40-32-4 and a permit pursuant to the provisions of SDCL § 40-32-10.1. A producer who packages and sells raw milk for human consumption, fifty dollars.

Dairy Plant License

The license fee for the following facilities requiring licenses is as follows:

1. In-state milk processing plant (by pounds of milk or milk product produced):
   1. Less than 100,000 pounds per day, two hundred fifty dollars.
   2. 100,000 to 500,000 pounds, inclusive, per day, five hundred dollars.
   3. Over 500,000 pounds per day, one thousand dollars.

Milk Plant Inspection Fee for Pasteurization Units, Reseal Fee

Each milk plant requiring inspection service from the department on pasteurization units shall annually pay two hundred fifty dollars per pasteurization unit to the secretary. The inspection fee shall be paid annually and is due July first of each year. A one-hundred-fifty-dollar resealing fee for any pasteurization unit shall be assessed to the plant and billed at the end of the month for nonroutine equipment checks.

Out of State Milk Processing Plant or Marketing Organization License

The license fee for the following facilities requiring licenses is as follows: Out-of-state milk processing plants or marketing organization, two hundred fifty dollars.

Receiving Station License

The license fee for the following facilities requiring licenses is as follows: Receiving station, two hundred fifty dollars.

Transfer Station License

The license fee for the following facilities requiring licenses is as follows: Transfer station, one hundred dollars.

Milk Distributor License

The license fee for the following facilities requiring licenses is as follows: Milk distributor, two hundred fifty dollars.

Bulk Milk Pick Up Tanker or Milk Transport Tank License

The license fee for the following facilities requiring licenses is as follows: Bulk milk pick-up tanker or milk transport tank, fifty dollars.

Producer Packaging and Selling Raw Milk for Human Consumption

The license fee for the following facilities requiring licenses is as follows: A producer who packages and sells raw milk for human consumption, fifty dollars.

Dairy Fieldman License

Any milk plant purchasing milk for purposes other than Grade A as set forth in SDCL, chapter 39-6 shall provide adequate and continuous service of a dairy fieldman in determining for the secretary of agriculture and natural resources by inspection of each dairy farm selling milk to that plant and the facilities and methods of production are in compliance with this chapter and the rules and regulations adopted thereunder. A dairy fieldman shall have access, ingress, and egress to all dairy farms. Any person performing the duties of a dairy fieldman shall first obtain a license by applying on a form provided by the secretary of agriculture and natural resources. Upon receipt of the application and a fee of fifty dollars, the secretary shall determine if the applicant is competent and qualified before issuing the license. Each license for a dairy fieldman is valid for one year or any fraction thereof and terminates on July first of each year.

Tester and Grader License

A tester and grader of cream and milk, duly qualified to sample, test, and grade cream and milk and licensed as required in SDCL §§ 40-32-12 to 40-32-16, inclusive, shall be maintained in every creamery, cream station, or milk plant. No individual can sample, test, or grade cream or milk, where the samples, tests, or grades are used as the basis of payment to the producer, without first securing a license from the secretary of agriculture and natural resources. Applications for a tester and grader’s license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. Upon receipt of an application and a fee of fifty dollars, each applicant shall be given an examination prescribed by the secretary. The examination shall determine the applicant’s knowledge of South Dakota laws pertaining to the dairy industry and shall contain an actual demonstration by the applicant, sampling, testing, and grading milk.

Sampler or Bulk Hauler License

An application for a sampling and grading license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. A fee of fifty dollars shall be submitted with the application. A license shall be issued to persons for sampling and grading of milk at a milk plant, or for the operator of a bulk tank truck picking up milk at the farm, upon satisfactory completion of an examination pertaining to sampling and grading and an evaluation of sampling methods. Each license shall be stamped, “Sampler Only” or “Bulk Hauler.”

Eggs

Why are egg regulations important?

Eggs contribute to food safety issues for the consumer when not properly handled or stored. Large commercial layers follow the specifications for grades, weight classes, and standards for quality of individual eggs or processed shell and liquid eggs enacted by the United States Department of Agriculture. Any entity in the business of buying, selling, processing, candling, grading, packing, or distributing eggs in South Dakota needs to be licensed.

What is a Class A or B license, and which statutes and rules apply if I operate one?

Class A license applies to a set-in station who are producers where eggs are collected and transported to Class B license, buyers from producers only or producers who pack and sell eggs produced only by their own flock.

Class B license applies to wholesale dealers and dealers buying eggs from Class A licensees.

SDCL 39-11 Egg and Egg Products.

How does the permitting process work?

The permitting process requires consultation with the department prior to selling any eggs. An egg packet is mailed to you for completion. After completion of the egg packet, a department staff member will review the packet and evaluate the egg grading/packing process and equipment. Upon completion of a satisfactory review the department will issue a permit.

Where do I get more information?

For specific questions related to egg requirements, please contact Gene Stegeman (Email Gene Stegeman) or any of the staff in the Livestock Services Program, Dairy/Egg office, at (605) 688-6455.

Animal Remedy

Why are animal remedy regulations important?

Animal remedies include all drugs, combination of drugs, proprietary medicines, biological products, and combinations of drugs and other ingredients — other than for food or cosmetic purposes — which are prepared or compounded for animal use. Animal remedy registration and labeling regulations provide assurance the proposed product is of value for correcting, alleviating, or mitigating the animal injuries or diseases for which it is intended.

Do I need to comply?

Any manufacturer or distributor of animal remedy products in South Dakota must apply for registration of the animal remedy. The application must include manufacturer information and the name, brand, or trademark under which the animal remedy will be sold. A label must be submitted with the application. All registrations are annual, expiring on December 31st of the year after the date of registration. An annual registration fee of $75 per product is required at the time of application.

Statutes and Regulations

State statutes: SDCL Chapter 39-18 (Animal Remedies).

Soil Amendment Registration

Why are soil amendment regulations important?

Soil amendment products are substances intended to improve crop production or the physical, chemical, or other characteristics of the soil. State regulations ensure that all soil amendment products distributed in South Dakota are properly registered, safely formulated, and accurately labeled.

Do I need to comply?

All soil amendment products distributed in South Dakota must be registered with DANR. The registration expires after 2 years and the fee is $25 per product.

Statutes and Regulations

State statutes: SDCL Chapter 38-19A (Soil Amendment Law). State rules: ARSD Article 12:44.

Commercial Applicator Certification

Who needs a commercial applicator license?

Any person who sprays lawns, crops, or other areas for hire (commercial applicator) must be at least 18 years of age and obtain a license from DANR. The license is valid for 2 years and has a $35 fee. Commercial applicators must pass certification exams to become eligible for a license. Aerial applicators must additionally obtain approval from the SD Department of Transportation, Office of Aeronautics.

Statutes and Regulations

State statutes: SDCL Chapter 38-21 (Agricultural Pesticide Application). State rules: ARSD Article 12:56 (Pesticides).

Industrial Hemp

Why are industrial hemp regulations important?

Industrial hemp is defined as the plant Cannabis sativa L. and any part of that plant with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of 1% dry weight. Industrial hemp regulations ensure industrial hemp products are grown, harvested, and transported properly in South Dakota according to federal and state laws and rules.

What are the regulations that apply to industrial hemp?

The federal regulations are found in 7 CFR 990. The state statutes are in SDCL Chapter 38-35 (Industrial Hemp). The state rules are in ARSD Article 12:82 (Industrial Hemp).

Do I need to comply with industrial hemp regulations?

Any person or legal business entity in South Dakota must obtain a license from DANR to purchase, receive, or obtain industrial hemp — other than industrial hemp product for planting, storing, propagating, or processing industrial hemp.

Grower License: Industrial hemp grower applicants must submit a non-refundable $50 application fee along with a completed Industrial Hemp Growers License application. State and federal background checks will be conducted for the applicant, key participants, and landowner. Upon approval, the applicant must submit a $500 license fee. The grower license is valid for 15 months after the date issued.

Processor License: Industrial hemp processors must submit a non-refundable $50 application fee along with a completed Industrial Hemp Processors License application. State and federal background checks will be conducted for the applicant, key participants, and landowner. Upon approval, the applicant must submit a $2,000 license fee. Processor licenses expire on December 31st of the year the license is issued. Industrial hemp processors also submit an annual processor inspection and records review fee of $500 per processor location.