Note: Most states have enacted laws and regulations to protect wetlands. In many cases, these rules are established to define the state's role in the "§404 permit/§401 certification process." This process involves the U.S. Army Corps of Engineers and your state environmental agency. To learn more about the wetlands permitting process go to the CICA Wetlands Regulations/Permit page.
How Are Wetlands Activities Regulated by South Dakota? The Department of Environment and Natural Resources monitors activities in South Dakota's wetlands. Most of the Department's wetlands regulations relate to water quality standards.
Mitigation Measures. Applicants must include a plan to avoid, minimize, or compensate for any adverse effects that result from a project.
Wetlands. Wetlands are "areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions including swamps, marshes, bogs, and similar areas." Wetlands are considered "surface waters of the state" under South Dakota's water quality regulations. Surface waters are lakes, ponds, streams, rivers, wetlands, and any other body or accumulation of water on the land surface that are considered to be waters of the state but not waste treatment systems, including treatment ponds designed to meet the requirements of the collection ponds, or stormwater retention ponds designed to meet the Clean Water Act requirements.
Regulated Wetland Activities. The discharge of pollutants for any source cannot impair or destroy wetlands except when allowed under § 402 and § 404 of the federal Water Pollution Control Act. Raw or treated sewage, garbage, rubble, unpermitted fill materials, municipal wastes, industrial wastes, or agricultural wastes which produce floating solids, scum, oil slicks, material discoloration, visible gassing, sludge deposits, sediments, slimes, algal blooms, fungus growths, or other offensive effects may not be discharged or caused to be discharged into surface waters of the state.
Exempt Wetland Activities. All surface water discharge permits are subject to an antidegradation review before their renewal unless the facility is operating at or below design flows and pollutant loadings; the existing effluent quality is in compliance with all the discharge permit limits; the discharge has not degraded the water quality from its status on March 27, 1973; the permitee has upgraded or erected a new facility since March 27, 1973; or the discharge is made for the beneficial use of wildlife propagation, stock watering, and irrigation and the discharge is not expected to contain toxic pollutants.
Wetland Regulatory Background Information
Water Environment Federation. The WEF Web site provides access to a wetlands related technical discussion area, as well as publications and other information on wetlands.
Wetlands Regulation Center. The Wetlands Regulation Center Web site contains information on laws, policies and regulations concerning activities regulated under Sections 401 and 404 of the Clean Water Act.
Association of State Wetland Managers. The Association of State Wetland Managers Web site provides information on wetlands news and events, including new regulations/legislation, upcoming conferences and events, publications, and more.
Society of Wetland Scientists. The Society of Wetland Scientists Web site provides access to on-line scientific wetlands journals and a wetlands discussion forum, as well as information on upcoming wetlands conferences and events.
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