South Dakota Administrative Rules Title 22 - Counties
South Dakota Administrative Rules Title 22 pertains to the regulations governing counties within the state of South Dakota. These rules provide a framework for how counties operate, including their powers, responsibilities, and the procedures they must follow in managing local governance, administration, and services. Title 22 generally deals with county-specific regulations related to governance, taxation, land use, and various county functions.
Below is a detailed breakdown of South Dakota Administrative Rules Title 22 with respect to Counties:
1. General Provisions and Governance
Title 22 lays out broad legal and administrative structures for how counties are organized and governed in South Dakota. It is important to note that these rules provide clarity on the powers of counties, the duties of county officials, and their interaction with state and federal entities.
County Powers: Counties in South Dakota have general powers that allow them to govern, levy taxes, enact ordinances, and provide services to local citizens. These powers include but are not limited to:
Law enforcement.
Public health services.
Maintenance of public roads and infrastructure.
Provision of social services (welfare, mental health, etc.).
County Commissioners: The administrative body of a county is typically composed of county commissioners. These elected officials make decisions on policies, budgets, and county governance. The rules establish their authority, including the ability to enact ordinances, set taxes, and manage county departments.
Board of County Commissioners (BCC): Specific provisions cover the roles, responsibilities, and duties of the Board of County Commissioners, which may vary by county. The BCC is responsible for setting budgets, adopting policies, and managing county functions. The administrative rules establish how they should conduct their meetings, handle conflicts of interest, and make decisions in the best interest of county residents.
2. County Taxation and Finance
Title 22 includes rules that help counties manage taxation and finances, ensuring fair and lawful financial operations for the local government.
Property Taxes: Counties in South Dakota are authorized to levy property taxes to fund various services. The taxation rules provide for how property assessments are made and the process for collecting and enforcing property taxes.
Assessment of Property: The rules define how property within a county should be assessed for tax purposes. This includes both real property (land, buildings) and personal property (business equipment, vehicles).
Tax Levies and Collection: The county treasurer is responsible for collecting property taxes and managing tax rolls. Title 22 includes details on how tax levies should be set, how to handle tax delinquencies, and the process for collecting taxes.
County Budget and Finance Management: County commissioners are required to develop an annual budget that accounts for all revenues and expenditures. Rules provide guidelines for the creation of budgets and outline how financial records should be kept, ensuring transparency and accountability in county finances.
3. Land Use and Zoning
Land use and zoning regulations fall under the jurisdiction of county governments, with rules established to regulate how land is developed, used, and managed.
Zoning Ordinances: Counties have the authority to create zoning ordinances, which govern how land within their boundaries may be used. These ordinances define areas for residential, commercial, industrial, and agricultural use, among others. The rules outline the process for creating, amending, and enforcing zoning laws.
Building Codes and Permits: Counties may implement building codes to regulate the construction of buildings and infrastructure. Rules under Title 22 define how building permits should be issued, the criteria for approvals, and inspections.
Land Use Regulations: Title 22 provides regulations for managing natural resources, agriculture, and environmental concerns within the county. This may include the management of water resources, wetlands, and other natural assets within the county.
4. County Public Health and Safety
County governments are responsible for ensuring public health and safety within their jurisdictions. Title 22 contains rules on how counties manage and implement health and safety services for their residents.
Health Departments: Counties in South Dakota are required to establish and maintain public health departments to oversee community health initiatives, disease control, and emergency preparedness. The rules specify how health services should be delivered, including health inspections, emergency medical services, and coordination with state health agencies.
Law Enforcement and Public Safety: Counties are responsible for providing law enforcement through county sheriff's departments, which are tasked with maintaining public safety and enforcing local laws. Title 22 outlines the responsibilities of county sheriffs and deputies, including their authority to manage jails, respond to emergencies, and enforce local ordinances.
Fire and Emergency Services: In some counties, the Board of County Commissioners may be responsible for overseeing fire departments, ambulance services, and other emergency management services. Rules describe how these agencies should operate, the requirements for emergency service personnel, and how to handle disasters.
5. County Infrastructure and Roads
Managing county infrastructure is a key responsibility of county government. Title 22 addresses the establishment and maintenance of county roads, bridges, and other essential infrastructure.
Road and Bridge Maintenance: Counties have the authority to build, repair, and maintain public roads and bridges. The rules provide for how road work should be planned, funded, and executed, as well as how counties can allocate resources for maintaining these essential services.
Transportation Planning: Title 22 may include regulations on how counties plan for future transportation needs, including the construction of new roads, expansion of existing infrastructure, and integration with state-level transportation planning efforts.
6. Social Services and Welfare Programs
Counties are responsible for the delivery of certain social services and welfare programs. These programs often include support for low-income individuals, families, children, the elderly, and those with disabilities.
Welfare and Assistance Programs: Counties administer state programs such as Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), and Medicaid at the local level. Title 22 provides the structure for how these services should be delivered and how counties must comply with state and federal rules related to social services.
Adult and Child Protective Services: Counties may also be involved in providing protective services to children and vulnerable adults, including investigating allegations of abuse, neglect, and exploitation. The rules provide guidance on how these services should be administered and the roles of county social workers and law enforcement.
7. Election and Voting Procedures
Title 22 includes rules related to the conduct of elections and voting procedures at the county level.
Election Administration: Counties are responsible for organizing and overseeing elections within their jurisdiction. This includes maintaining voter rolls, conducting voter registration, and overseeing the proper administration of local elections for positions such as county commissioners, sheriffs, and other elected officials.
Polling Places and Procedures: The rules set standards for polling place operations, including accessibility, election security, and the conduct of voting. They also describe the procedures for counting votes and certifying election results.
8. Public Records and Open Meetings
The rules under Title 22 ensure that county government actions are transparent and accountable to the public.
Open Meetings: Counties must hold open meetings that the public can attend, except in certain instances where exceptions for executive sessions apply. The rules lay out procedures for how meetings should be conducted, how notice of meetings should be given, and what must be included in meeting minutes.
Public Records: County governments are required to maintain records of their activities and make those records accessible to the public. Title 22 sets forth rules for the retention, access, and management of public records, as well as how requests for records should be handled.
9. County Elections and Referendums
Counties in South Dakota may also conduct local referendums and other types of elections that allow residents to vote on specific county issues, such as tax measures, bond proposals, or changes to local ordinances. Title 22 provides the procedures for conducting these elections and managing the voting process.
Conclusion
South Dakota Administrative Rules Title 22 - Counties provides a comprehensive framework for the operation, management, and governance of counties in South Dakota. It governs everything from taxation and budgeting to land use, public health, and law enforcement. These rules ensure that counties operate effectively, efficiently, and transparently while fulfilling their roles in delivering essential public services to residents. By establishing clear guidelines for county governance, Title 22 helps maintain order, accountability, and fairness within the state's county systems.
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