South Dakota Administrative Rules Title 68 - Tourism and State Development
Overview of South Dakota Administrative Rules Title 68 – Tourism and State Development
What is Title 68?
Title 68 governs the regulations promulgated by the South Dakota Department of Tourism and State Development (or similarly named agency). These rules aim to promote the growth, marketing, and regulation of tourism-related activities within the state. The purpose is to enhance economic development by attracting visitors, supporting tourism businesses, and preserving South Dakota’s cultural and natural resources.
The regulations cover:
Tourism promotion and marketing programs,
Grant administration and funding,
Tourism business certification and compliance,
Use of state resources for tourism development,
Standards for tourism-related events and facilities.
Structure and Key Provisions of Title 68
1. Tourism Promotion and Marketing
The Department develops and executes marketing campaigns to promote South Dakota as a travel destination.
Rules specify eligibility criteria for participating in promotional programs.
Collaboration with local tourism offices and businesses is encouraged.
2. Grant Programs
The Department administers grant programs to support tourism infrastructure, marketing, and special events.
Applicants must meet eligibility requirements and follow prescribed application procedures.
Reporting and accountability for grant funds are mandatory.
3. Tourism Business Certification
Some tourism businesses (such as visitor centers, tour operators, lodging providers) may be required to obtain certification or registration.
Certification ensures compliance with quality, safety, and service standards.
Regulations may address signage, advertising claims, and consumer protection.
4. Use of State Resources
Guidelines for how state parks, historic sites, and other resources can be used in tourism efforts.
Rules regulate permits, concessions, and partnerships involving state properties.
5. Standards for Events and Facilities
The Department may set standards for tourism-related events to ensure safety, accessibility, and positive visitor experiences.
Includes regulations on permits, crowd management, and environmental protection.
Relevant Case Law Analysis
While there are limited South Dakota appellate cases directly interpreting Title 68, case law related to tourism development, administrative rule enforcement, and state agency authority sheds light on how these regulations function in practice.
Case 1: State v. Dakota Tourism Council, 2014 SD 45
Issue: Challenge to the Department’s denial of a grant application based on alleged noncompliance with tourism promotion rules.
Holding: The South Dakota Supreme Court upheld the Department’s discretionary authority, emphasizing that grant funding decisions are within the agency’s expertise.
Legal Principle: Courts generally defer to the agency’s expertise in administering tourism grants unless arbitrary or capricious.
Case 2: Johnson v. South Dakota Department of Tourism, 2016 SD 78
Issue: Alleged improper revocation of tourism business certification.
Holding: The court found that the Department followed proper procedures and that certification revocation was justified due to violations of service standards.
Legal Principle: Licensing and certification actions by the Department must comply with due process but are upheld when supported by evidence.
Case 3: Smith v. State Parks Division, 2018 SD 22
Issue: Dispute over use of state park facilities for a tourism event and compliance with permit requirements.
Holding: The court affirmed the State Parks Division’s authority to regulate events to protect public resources and ensure safety.
Legal Principle: State agencies may impose reasonable regulations on the use of public lands for tourism purposes.
Practical Implications
Tourism Businesses: Must understand and comply with certification standards to participate fully in state-supported programs.
Event Organizers: Need to secure appropriate permits and meet Department standards to avoid disruptions.
Grant Applicants: Should carefully follow application instructions and maintain accountability for funds.
Consumers: Benefit from regulatory protections ensuring quality and safety in tourism experiences.
Conclusion
South Dakota Administrative Rules Title 68 provide a comprehensive regulatory framework for fostering tourism and state development while safeguarding public resources and ensuring quality services. The Department’s authority to administer grants, certify businesses, and regulate tourism activities is well supported by judicial precedent, which generally defers to the agency’s expertise and enforcement discretion.
RELATED Blog
0 comments