# S.D. Codified Laws § 46-7-5.3: Investigation of dam--Variance relating to minimum spillway design requirements--Hearing

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.3

## Section

- **Citation:** S.D. Codified Laws § 46-7-5.3
- **Heading:** Investigation of dam--Variance relating to minimum spillway design requirements--Hearing
- **Jurisdiction:** South Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SD Code / Title 46 / Chapter 7 / Section 46-7-5.3

## Text

Upon petition to the board by the owner of a dam, the chief engineer may investigate and conduct the necessary analysis to determine the potential for damage to downstream residents or property if a dam were to fail due to inadequate spillway capacity. After the investigation and analysis, the chief engineer may recommend that a variance to board rules relating to minimum spillway design requirements for dams be granted or denied. The recommendation, notice, and hearing before the board shall be conducted pursuant to the procedure contained in chapter 46-2A . Following the hearing, the board may grant a variance upon a finding that failure of the dam due to inadequate spillway capacity will not increase the potential for damage from flooding to downstream residents or property.

Source: SL 1987, ch 328, § 1D.

## Nearby sections

- [S.D. Codified Laws § 46-7-1 Excess capacity of works--Availability for beneficial use](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-1.md)
- [S.D. Codified Laws § 46-7-2 Headgates or other measuring devices required](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-2.md)
- [S.D. Codified Laws § 46-7-3 Repair of works required--Rules](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-3.md)
- [S.D. Codified Laws § 46-7-5 Inspection of works by chief engineer--Order for repair of unsafe works--Repair by chief engineer--Costs--Filing of written protest--Hearing--Liability of chief engineer and state](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.md)
- [S.D. Codified Laws § 46-7-5.1 Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.1.md)
- [S.D. Codified Laws § 46-7-5.2 Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.2.md)
- [S.D. Codified Laws § 46-7-5.3 Investigation of dam--Variance relating to minimum spillway design requirements--Hearing](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.3.md)
- [S.D. Codified Laws § 46-7-5.4 Definition of terms](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.4.md)
- [S.D. Codified Laws § 46-7-5.5 Application to dams constructed before January 1, 1990--Owner and family sole residents--Determination of flood plain](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.5.md)
- [S.D. Codified Laws § 46-7-5.6 Owner's reporting requirements where nonowner establishes habitation within flood plain](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.6.md)
- [S.D. Codified Laws § 46-7-5.7 Privately owned high-hazard dam--Where chief engineer and state not obligated to secure safety thereof--Owner's affidavit upon refusal to correct unsafe condition](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.7.md)
- [S.D. Codified Laws § 46-7-5.8 Requirements as to form and content of owner's affidavit](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.8.md)
- [S.D. Codified Laws § 46-7-5.9 Board's acceptance of owner's affidavit--Conditions](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.9.md)
- [S.D. Codified Laws § 46-7-5.10 Recording requirements as to owner's affidavit](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.10.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.3. Check the current official text before relying on it. Not legal advice.