South Dakota Statewide Rule

South Dakota state law: erosion and sediment control

Some RestrictionsApplies statewide across South Dakota (2026)

South Dakota regulates construction-site erosion and sediment as a component of its NPDES stormwater program under SDCL Chapter 34A-2 (Water Pollution Control) and ARSD Article 74:52. Any project disturbing 1 acre or more (including smaller sites in a larger common plan of development) requires coverage under the SD Construction General Permit, which mandates a Stormwater Pollution Prevention Plan (SWPPP) with best management practices for erosion and sediment control. Below the 1-acre threshold, erosion control is regulated by local ordinance under SDCL 9-29-1 (city police power), Chapter 11-4 (municipal zoning), and Chapter 11-2 (county zoning).

Key Facts

Authorizing statute: SDCL Chapter 34A-2 (Water Pollution Control)
Implementing rules: ARSD Article 74:52 (Surface Water Discharge Permit Program)
Permit threshold: 1 acre disturbance (or part of larger common plan)
Required document: Stormwater Pollution Prevention Plan (SWPPP)
Inspection frequency: Every 7 days plus within 24 hrs of 0.5-inch rain
Final stabilization standard: 70% perennial vegetative cover
Agricultural exemption: Yes — plowing/tilling exempt; CAFOs separately permitted

Last verified: 2026-06-02

Full Breakdown

South Dakota does not have a standalone state erosion-control act (no analog to Wisconsin's NR 151 agricultural performance standards or Iowa's Chapter 161A soil conservation district authority for residential lots). Instead, erosion and sediment control is folded into the NPDES stormwater framework administered by DANR's Office of Water under SDCL 34A-2 and ARSD 74:52. Under the SD Construction General Permit, an operator must: 1. Submit a Notice of Intent (NOI) to DANR at least 7 days before earth disturbance begins. 2. Prepare and implement a Stormwater Pollution Prevention Plan (SWPPP) describing erosion- and sediment-control BMPs — typical practices include silt fence, sediment traps and basins, stabilized construction entrances, inlet protection, perimeter dikes, temporary seeding within 14 days of final grade, and permanent stabilization with at least 70% perennial vegetative cover. 3. Conduct inspections at least once every 7 days and within 24 hours of any 0.5-inch rainfall event; document findings and corrective actions. 4. Maintain the SWPPP on-site for review by DANR field inspectors. 5. Submit a Notice of Termination (NOT) once final stabilization is achieved. Agricultural land-disturbing activities (plowing, tilling, harvest) are exempt from the construction stormwater program under the federal Clean Water Act agricultural exemption mirrored in ARSD 74:52, though concentrated animal feeding operations (CAFOs) are separately permitted. MS4 communities (Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown, and their urbanized counties) must adopt and enforce a local construction-site erosion- and sediment-control ordinance as one of the six EPA Phase II minimum control measures, and typically lower the disturbance threshold (e.g., 5,000 sq ft of disturbance) to capture smaller residential projects. Statutory cities outside MS4s adopt erosion-control rules under SDCL 9-29-1 general police power. SDCL Chapter 38-7A authorizes soil conservation districts to provide technical assistance and develop conservation plans, but does not impose regulatory standards on individual landowners absent a recorded conservation easement.

Violations & Penalties

DANR may assess civil penalties up to $10,000 per day per violation of the Construction General Permit under SDCL 34A-2-95, and a knowing violation is a Class 1 misdemeanor. Common citations: failure to install perimeter sediment controls before grading, no SWPPP on site, failure to perform required inspections, sediment-laden discharge to waters of the state. Local MS4 enforcement runs through city engineering or public-works code-enforcement officers with stop-work authority and city-set fines (typically $100–$1,000 per day). EPA retains overfiling authority. Off-site sediment deposition that damages downstream property may also create a private nuisance claim under SDCL 21-10-1.

Frequently Asked Questions

Do I need a permit to disturb soil on my construction project?

If your project will disturb one (1) or more acres of land — or is part of a larger common plan of development that totals one acre — you must obtain coverage under the SD Construction General Permit before starting earthwork. You must also prepare a Stormwater Pollution Prevention Plan (SWPPP) and install perimeter erosion controls (silt fence, sediment basins) before grading begins.

Is there an erosion-control rule for small residential lots?

Not at the state level if the project disturbs less than 1 acre and is not part of a larger plan. However, MS4 cities (Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown) typically adopt local ordinances with lower thresholds — often 5,000 sq ft of disturbance — that require silt fence and inlet protection for smaller home additions, driveways, and pools. Check your local code.

Are farmers subject to construction stormwater rules?

No, plowing, tilling, harvest, and routine agricultural land disturbance are exempt from the federal Clean Water Act construction stormwater program and from ARSD 74:52. Concentrated animal feeding operations (CAFOs) are separately permitted. Voluntary soil conservation through local conservation districts under SDCL Chapter 38-7A is encouraged but not mandatory.

What happens if mud washes off my site onto the neighbor's property?

Off-site sediment deposition is a permit violation under the Construction General Permit, exposing the operator to DANR enforcement up to $10,000 per day per violation. It may also be a private nuisance under SDCL 21-10-1 and a public nuisance enforceable by the city. Install perimeter sediment controls before grading and inspect after every rainfall.

Sources

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