South Dakota Stormwater Management (2026)

Key Facts

Statute: SDCL 34A-2
Trigger: 1 acre disturbance
Permit type: NPDES general permit
Regulator: DANR Surface Water Program

Full Breakdown

Under SDCL 34A-2, the South Dakota Department of Agriculture and Natural Resources implements the federal Clean Water Act NPDES program statewide. General permits cover stormwater discharges from construction activities disturbing one or more acres, industrial activities, and small municipal separate storm sewer systems (MS4s) in regulated urbanized areas. Operators must develop stormwater pollution prevention plans, install and maintain best management practices, conduct inspections, and submit notices of intent and termination. The framework preempts inconsistent local rules below the state baseline, although municipalities may impose stricter requirements through ordinance for local water quality protection.

Violations & Penalties

Civil penalties up to ten thousand dollars per day per violation, plus injunctive relief and required remediation under SDCL 34A-2-75.

Frequently Asked Questions

When do I need a South Dakota stormwater permit?

A construction stormwater permit is required when land-disturbing activity affects one or more acres, or smaller acreage that is part of a larger common plan of development.

Who enforces stormwater rules in South Dakota?

The Department of Agriculture and Natural Resources (DANR) administers NPDES stormwater permits statewide, with EPA oversight, under SDCL chapter 34A-2.

South Dakota Stormwater Discharge Permitting Statewide