HomeMy WebLinkAboutOrdinance 14-1990 _
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ORDINANCE NO. I4-90
An Ordinance amending Article IV, Sectian 404 of the Brookings
Code of Ordinance pertaining to the protection and preservation of the
Big Sioux Aquifer within the Joint Jurisdictional Area.
The governing body of ti�e City of Brookings has adopted Ordinance
14-90 which amends Article IV, Section 4U4 of the Revised Ordinances
of the City of Brookings and adoption of sheets three (3} and four (4)
of said maps entitled, "Well FIead Protectian Area Maps, Brookings
County Shallow Aquifer Mapn as drawn by Banner Associates. Anyone
interested in obtaining or reviewing a copy of Ordinance No. I4-90 may
do so by contacting the City Finance Office at 311 3rd Avenue,
Hrookiags, Sauth Dakota.
First Reading: May I5, 1990
Second Reading and Adoption: May Z9, 1990
Published: June 6, 1990
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:•���.i$hed: June I3, I990
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ORDINANCE 14-90
AN ORDINANCL B3TABLI3HIN(3 RBQUIRBMBNT3 FOR THB PROTBCTION
AND PBS3BRVATION OF THB BIG 3IOU% AQUIFBR WITHIN THB JOINT
JURI3DICTIONAL ARBA.
ART. IV. AGBICULTURAL, RB3ID8NTIAL, FLOOD PLAIN AND
AQUIFB�t DI3TRICTS
3ection 404. AQUIFBR DI3TRICT.
The purpose of this ordinance is to preserve the water
quality of the Big Sioux Aquifer within the Joint Jurisdictional
Area, protecting the development and use of land in a manner
that will positively affect the quality of water within the
areas designated Aquifer Secondarp Impact Areas, and preventing
any use that would affect the water quality within the Aquifer
Critical Impact Areas associated with the public wells that
supply the City of Brookings.
The Brookings City and County Commissions reco�nize ( 1 )
that residents of Brookings County rely exclusively on �round
water for a safe drinking water supply and (2) that certain land
uses in Brookin8s County can contaminate ground water particu-
larly in shallow/surficisl aquifers.
The purpose of the Aquifer Protection Overlay District is
to protect public health and safetp by minimizing contamination
of the shallow/surficial aquifers in the Joint Jurisdictional
Area. It is the intent to accomplish this, as much as posaible,
by public education and aecuring public cooperation.
Appropriate land use regulationa will be imposed, however,
which are in addition to those imposed in the underlying zoning
districts or in other regulations. It is not the intent to
grandfather in existing land uses which pose a serious threat to
public health through potential contamination of public water
supply well head areas.
. 1 DEFINITIONS.
a) Action. Any application for a permit under this ordi-
nance or any development or use encompassed within the
jurisdiction of this ordinance.
b) Adverse Effects. A land use which roduces or may
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potentiallp produce deterioration in water quality in
the Big 3ioux Aquifer which presently exceeda the
Federal Primary Drinking Water Standards.
c) Aquifer. A geologic formation, group of formations or
part of a formation capable of storing and yielding
ground water to wells or springs.
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d) Best Management Practices. Measures contained in 3oi1
Conservation Service South Dakota Technical Guide,
either managerial or structural, that are determined to
be the most effective, practical means of preventing or
reducing pollution inputs from nonpoint sources to
water bodies.
e) B� Sioux Aquifer. An unconfined, shallow groundwater
system connected to the Big Sioux River, its tribu-
taries and many lakes. It lies in South Dakota's
eastern border counties.
f) Buffer Zone. An area outside and adjacent to Zone A
that has been delineated to account for possible
changes in the boundaries of Zone A due to effects of
irrigation pumping.
g) Chemigation. The process of applying agricultural
chemicals ( fertilizer or pesticides) using an irriga-
tion spstem by injecting the chemicals into the water.
h) Contamination. The procesa of making impure, unclean,
inferior, or unfit for use by introduction of undesir-
able elements .
i ) Contingency Plans. Detailed plans for control, recon-
tainment, recovery and clean up of hazardous materials
released during fires, equipment failures, leaks and
spills.
j ) Development. The carrying out of any conatruction,
reconstruction, alteration of surface, structure,
change of land use or intensity of use, and including
but limited to the deposit of refuse, solid or liquid
waste, any mining or drilling operation or work relat-
ing to the creation of a road, street, or parking area.
k) Facilits. Something that is built, installed or estab-
lished for a particular purpose.
1) Farm. An area with or without family dwelling which is
used for the growing of the usual farm products, such
as vegetables, fruit, trees and grain, and their stor-
age on the area, as well as for the raising, feeding,
or breeding thereon of the usual farm poultry and farm
animals, such as horses, cattle, sheep and swine. The
term "farming" includes the operating of such an area
for one or more of the above uses, including dairy
farms with the necessary accessory uses for treating or
storing the produce; provided, however, that the opera-
tion of such accessory uses shall be secondary to that
of the normal farming activitiea.
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m) Feedlot. A parcel of land whereon there is contained
an operation of feeding or raising animals in excesa of
one hundred ( 100) animal units per acre or in excess of
five hundred (500) animal units per parcel of land.
One animal unit is equivalent to one beef cow, steer,
feeder or fat beef animal , one horse, 0. 7 dairy cow,
1 .7 swine, 6 . 7 sheep, 33 hens, cockerels, capons,
broiler or ducks, and 10 geese or turkeys .
n) Grey Water. All domestic wastewater except toilet dis-
charge water.
o) Hazardous Materials. A material which is defined in
one or more of the following categories.
( 1 ) Ignitable: A gas, liquid or solid which may cause
ires through friction, absorption of moisture or
which has low flash pointa. Examples: white phos-
phorous and gasoline.
(2) Carcinogenic: A gas, liquid or solid whioh is
normally considered to be cancer causin� or muta-
genic. Sxamples: PCBs in some waste oils.
( 3) Explosive: A reactive gas, liquid or solid which
will vigorously and energetically react uncontrol-
lably if exposed to heat, shock, pressure or co�-
binations thereof. Examples: dyna�ite, or�anic
peroxides and ammonium nitrate.
(4) Highly Toxic: A gas, liquid or solid so dangerous
to man as to afford an unusual hazard to life.
Txamples : parathion and chlorine gas.
(5 ) Moderately Toxic: A gas, liquid or solid which
through repeated exposure or in a single large
dose can be hazardous to man. Example: atrazine.
(6) Corrosive: Any material, whether acid or alka-
line, which will cause severe damage to human
tissue, or in case of leakage might damage or
destroy other containers of hazardous materials
and cause the release of their contents.
Examples : battery acid and phosphoric acid.
p) Manure Storage Area. An area for the containaent of
animal manure in excess of 8,000 pounds or 1 ,000
gallons.
q) Leaks and Spills. Any unplanned or improper discharge
of a potential contaminant including any discharge of a
hazardous material .
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r) Pasture. A field that provides continuous forage to
animals without depletion of forage matter.
s) Primary Containment Facility. A tank, pit, container,
pipe or vessel of first containment of a liquid or
chemical .
t) Secondary Containment Facility. A second tank, catch-
ment pit, pipe or vessel that limits and contains
liquid or chemical leaking or leaching from a primary
aontainment area. Monitoring and recovery are required
u) Septic Tanks and Drain Fields. In accordanQe with the
State Water and Natural Besource Mana�ement the NODAK
system is adopted as the Joint Jurisdietional Area
system of preference.
v) Shallow/Surficial Aquifer. An aquifer in whiQh the
permeable media (sand and gravel ) starts at the land
surface or immediately below the soil profile. The
main shallow/ surficial aquifer in Brookings County
is the Big Sioux Aquifer.
w) Ten Year Time of Travel Distance. The distance that
ground water will travel in ten years. This distance
is a function of the permeability and slope of the
aquifer.
x) Zone of Contribution. The entire area around a well or
well field that is recharging or contributing water to
the well or well field.
y) Zone A - Aquifer Critical Impact Zone. That portion
of the Big Sioux Aquifer which includes the city public
water supply and other areas serving as public water
supply. This area includes land surrounding the well
fields and land upgradient from the well field in the
established direction of ground and surface water flow.
Individual wells, meeting water quality parameters and
petitioning for aquifer critieal impact status shall be
protected as Aquifer Critical Impact Zones.
z) Zone B - Aquifer Secondary Imnact Zone. The remainder
of the Big Sioux Aquifer between the Aquifer Critical
Impact Zone and the Aquifer boundary within the Joint
Juriadictional Area.
. 2 ESTABLISHMENT AND DBLIN�ATION OF AQUIFSR PROTBCTION
OVERLAY ZONES.
Boundaries for the aquifer protection zones for the Aquifer
Protection Overlay District are shown on published maps
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entitled "Well Head Protection Area Maps, Brookings County
Shallow Aquifer Map" dated May 1988 as drawn by Banner
Associates. Sheets 3 and 4 of said maps are hereby adopted
by reference as part of this ordinance as if the maps were
fully described herein.
The shallow/surficial aquifer boundary was mapped using
data from the South Dakota Geological Survey and United
States Geological Survey. The zone of contribution was
mapped using an analytical technique outlined in the U.3.
Environmental Protection Agency publication "Guidelines for
Delineation of Well head Protection Areas, June, 1987 . " The
Aquifer Protection Overlay District was divided into two
zones.
a) Zone A - Aquifer Critical Impact Zone.
Zone A, the well head protection area, ia the zone of
contribution mapped around all public water supply
wells or well fields and includes land upgradient to
the ten year time of travel boundary.
( 1 ) Permitted uses in Zone A, provided they meet
appropriate Performance Standards outlined For
Aquifer Protection Overlay Zones:
a) Agriculture;
b) Horticulture;
c) Park, greenways or publiclp owned recreational
areas;
d) Necessary public utilities/facilities desiQned
so as to prevent contamination of ground
water.
(2) Special Exceptions in Zone A:
The following uses are permitted onlp under the
terms of a special exception and must conform to
provisions of the underlying zoning district and
meet the Performanee Standards outlined for the
Aquifer Protection Overlay Zones.
aj Expansion of existing nonconforming uses to
the extent allowed by the underlying district.
The Board of Adjustment shall not grant
approval unleas it finds such expansion does
not pose greater potential contamination to
ground water than the existing use.
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( 3 ) Prohibited Uses in Zone A:
The following uses are expressly prohibited in
Zone A:
a) New feedlots installed after adoption of this
ordinance;
b) Disposal of solid waste except spreading of
manure;
c) Outside unenclosed stora�e of road salt;
d) Disposal of anow containing de-icing
chemicals;
e) Processing and storage of PCB containing oils;
f) Car washes ;
g) Auto service, repair or painting facilities
and junk or salvage yards;
h) Disposal of radioactive waste;
i ) Graveyards or animal burial sites;
j ) Open burning and detonation sites;
k) All other facilities involving the collection,
handing, manufacture, use storage, transfer or
disposal of any solid or liquid material or
waste having a potentially harmful impact on
ground water quality;
1 ) All uses not permitted or not permitted as
special exceptions in Zone A.
m) Fall application of nitrogen fertilizer except
, spreading of manure.
b) Zone B - Aquifer Secondary Impact Zones
Zone B is established as the remainder of the mapped
shallow/ surficial aquifer not included in Zone A plus
contributing drainage areas, as delineated on the
official copy of published maps representing aloping,
adjacent lands not underlain by the aquifer fro� whieh
surface water can flow direetly onto Zone A.
This portion of the aquifer is being protected because
( 1 ) it is a valuable natural resource for future
development, (2) it provides drinking water supply for
individual households, ( 3 ) contamination is not justi-
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fied, even though this area is not a public water
supply wellhead and ( 4) contaminants could eventually
reach Zone A.
( 1 ) Permitted Uses in Zone B:
a) All uses permitted in the underlyin� zoning
districts provided that they can aeet the
Performance Standards as outlined for the
Aquifer Protection Overlap Zones.
(2) Special Exceptions in Zone B:
a) All special exceptions allowed in underlying
districts may be approved by the Board of
Adjustment provided they can meet Perfor�ance
Standards outlined for the Aquifer Protection
Overlay Zones.
( 3) Prohibited Use in Zone B:
The following use is expressly prohibited in Zone
B:
$) Fall application of nitrogen fertilizer except
spreading of manure.
c) Performanee Standards:
In determining whether a permit should be granted, the
City Engineer and/or the County Zoning Officer shall
apply the following guidelines to determine the pos-
sible impact of the proposed action on Zone A -Aquifer
Critical Impact Zone and/or Zone B - Secondarp Iapact
Zone.
The following standards shall apply to Agricultural
land uses in Zones A and B of the Aquifer Protection
Overlay Districts :
( 1 ) New or replaeement septic tanks and associated
drain fields for containment of hwnan or animal
wastes must conform with regulations established
by the State Department of Water and Natural
Resources.
(2) Any facility involving the collection, handling,
manufacture, use, storage, transfer or disposal of
any solid or liquid material or wastes, exeept for
spreading of manure, in excess of 1000 pounds and/
or 100 gallons which has the potential to contaa-
inate ground water shall be regulated aceording to
SDCL Chapter 74 :03 : 28 - Underground 3torage Tanks
or SDCL Chapter 74: 03 : 30 - Above Ground Stationary
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Storage Tanks. Pipes installed to carry diluted
chemicals for chemigation are exe�pted and storage
of liquid fertilizer for chemigation is allowed as
long as a secondary containment system is used.
Secondary containment for tanks used for chemiga-
tion must be in place by July 1 , 1990.
( 3) Open liquid waste ponds containing materials
referred to in ( 2) above will not be permitted
without a secondary containment system except for
community wastewater lagoons. Agricultural waste
storage ponds are permitted but must be con-
structed in conformance with 8oi1 Conservation
Service South Dakota Engineering Standard, Waste
Storage Ponds 425 . (3ee Appendix 1 )
(4 ) Storage of petroleum products in quantities
exceeding fifty-five (55) gallona at one locality
in one tank or series qf tanks must be in elevated
tanka; such tanks must have a secondary contain-
ment system noted in (2) above where it is deemed
necessary by the County Zoning Office.
( 5 ) Discharge of industrial process water on site is
prohibited without County Zoning Office approval.
(6) Owners/operators of active or abandoned feedlots
shall handle and dispose of manure in aecordance
with 3oi1 Conservation Service 3outh Dakota
Engineering Standard, Waste Management System 312.
(See Appendix 2)
( 7 ) Auto service, repair or painting facilities and
junk or salvage yards in Zone B shall meet all
State and Federal standards for storage, handling
and disposal of petroleum products and shall
properly dispose of all other potentially
hazardous waste materials. .
(8) An acceptable contingency plan for all permitted
facilitiea must be prepared and on file in the
City/ County Zoning Office for preventing hazard-
ous materials from contaminating the shallow/
surficial aquifer should floods, fire and other
natural catastrophes or equipment failure occur:
a) For flood control , all underground facilities
shall include but not be limited to a aonitor-
ing system and secondary standpipe above the
100 year flood control level, for monitoring
and recovery. For above ground facilities, an
impervious dike, above the 100 year flood
level and capable of containing 110 percent of
the largest volume of storage, will be pro-
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vided with an overflow recovery catchment area
(sump) .
b) For fire control, plans shall include but not
be limited to a safe fire fightina procedure,
a fire retardant system and provide for deal-
ing safely with both health and technical
hazards that may be encountered by disaster
control personnel in combating fire. Hazarda
to be considered are overhead and buried
electrical .lines, pipes, other buried objects
and other hazardous liquids, ehemicals or open
flames in the immediate vicinity.
c) For equipment failures, plans shall include
but not be limited to: Below ground level,
removal and replacement of leakin� parts, a
leak detection system with monitoring and an
overfill protection system.
Above ground level, liquid and leaching
monitoring of primary containment systems,
their replacement or repair and cleanup and/or
repair of the impervious surface.
d) For any other natural or man-caused disasters
occurring, the owner and/or operator shall
report all incidents involving liquid or
chemical material in an endangerment of the
health and /or safety of either disaster
personnel and/or the public in general.
e) Agricultural operations are exempted from this
section unless they store chemieals that are
on the Superfund Amendments and Reauthoriza-
tion Act of 1986 (SARA Title III ) extremely
hazardous substance list over the threshold
planning quantity at any one time. (9ee
Appendix 4j
f) The County Zoning Office and DWNR shall be
informed within 24 hours of all leaks and
spills of materials that might potentially
contaminate ground water.
(9 ) Sinee it is known that improperly abandoned wells
can become a direct conduit for contamination of
ground water by surface water, all abandoned wells
ahould be plugged in conformance with South Dakota
Well Construction 8tandards, Chapter 74:02:04:67-
70.
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d) The following standards shall apply to zoned areas
exeluding ASricultural in Zones A and B of the Aquifer
Protection Overlay Districts :
( 1 ) Septic tanks and associated drain fields for
containment of human or animal wastes must have
approval of the State Department of Water and
Natural Reaources.
(2) The storage and retention of any solid or liquid
hazardous material which has the potential to
adversely effect the water quality of the aquifer
must have secondary containment facilities whieh
are easily inspected and whose purpose is to
intercept any leak or discharge from the pri�ary
containment vessel or structure. Underground
tanks or buried pipes carrying sueh materials must
have double walls and inspectable sumps.
( 3) No open liquid waste ponds containing materials in
( 2) above will be permitted.
(4) Storage of petroleum products in quantities
exceeding fifty-five gallons at one locality in
one tank or series of tanka must meet the
requirements of (2) above.
( 5) Discharge of Industrial Process water on site is
prohibited without City Bngineer approval.
(6 ) Use or storage of road aalt or other chemical de-
icers must be contained as in ( 2) above.
(7 ) Auto service, repair, junk and/or salvage yards
that is in excess of eight (8) motor vehieles and
including farm machinery shall meet the Federal
standards of handling and disposal of petroleum
products.
(8) A contingency plan must be presented for protec-
tion of the aquifer should floods, fire, and other
natural catastrophes or equipment failure occur:
a) For flood control, all underground facilities
shall include a monitoring system and second-
ary standpipe above the 100 year flood control
level, for monitoring and recovery. For above
ground facilities an impervious material dike,
above the 100 year flood level and capable of
containing 110X of the largest �olume of stor-
age will be provided with an overflow recovery
catchment area (sump) .
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b) For fire control, all plans shall include
health and technical hazarda that may be
encountered by disaster control personnel in
combating the fire, a fire retardant system,
and a fire fighting procedure. Technical
hazards to be considered are electrical lines
both overhead and buried, pipes, other buried
objects, and other hazardous liquids, chemi-
cals, or open flames in the immediate vicin-
ity.
c) For equipment failure, plans shall inolude:
( 1 ) Below ground level , removal and replace-
ment of leaking parts, leak detection
system with monitoring, and an overfill
protection.
(2) Above ground level, liquid and leaohin�
monitoring of primarp containnent
systems, their replacement or repair, and
cleanup and/or repair of the impervious
surface.
d) If other natural disasters are known, the
owner shall report of these incidents, either
past or present, that involved this liquid or
chemical material in an endangerment of the
health and/ or safety of either disaster
personnel and/or the public in general.
The City Health Department shall be informed
of all spills in excess of the amounts
specified in this ordinance.
. 3 USE PERMITS REQUIRED.
It shall be unlawful for any person to engage in the
development of land, whether for residential purposes or
otherwise, for any commercial , or industrial pursuit,
whether permanent or temporary, unless suoh peraon first
obtains a use permit as set forth in this ordinance.
.4 APPLICATION PROCEDURE.
All applieations shall be made in the manner provided
therein.
a) Zone A - Critical Impact Zone shall be administered by
�both the City and County Planning Commissions in a
joint meeting. All use permits in this area will be
approved by the City and County Commission.
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b) All use permits in the zoned areas in Zone B - 3econd-
ary Impact Zone will be granted by the City Bngineer's
Office.
c) All use pernits in the Agricultural zoned areas will
be granted by the County Zoning Officer.
d) All use permit applications in Zone B - Secondary
Impact Zone shall contain the following information.
( 1 ) The applicationa shall include a description of
the proposed action, use or development, includ-
ing information and technical data, including
complete blueprints, adequate to allow for a
careful assessment of the guidelines set forth.
( 2) Where relevant, maps and other inPormation shall
be provided.
. 5 GRANT OF PERMIT, ALTERATION OF USE.
A permit will be granted when the City Tngineer's Office or
the County Zoning Officer hss examined the application in
light of the foregoing criteria and determined that the
use, activity, or development as proposed would not
adversely effect the water quality of the Big Sioux Aquifer
In granting a use permit, the owner/developer is respon-
sible for any future modification which may become neces-
sary to prevent contamination of shallow/surficial aquifers
and the owner/developer must allow inspection of develop-
ment by City and/or County personnel for the purpose of
verifying that the development does not violate the intent
of this ordinance.
Whenever any person has obtained a permit and thereafter
desires to alter the use in any way from the authorized
use, such person shall make application for a new permit.
If the area for which the permit is sought is zoned agri-
cultural, the owner may appeal the decision to modify or
deny a requested permit to the County Commission. In all
other zoned areas, a similar appeal can be made to the City
Commission.
.6 EXCEPTION.
Any lawful use in existence on the effective date of this
ordinance shall be permitted to continue provided it can be
shown such use doea not threaten public health and safety
by potential contamination of water in the shallow/
surficial aquifers. Any proposed additions, changes or
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improvements will require a permit.
Storage of liquids and chemicals used in agricultural
operations during spring/fall planting and crop cultivation
are exempt from the requirementa of this ordinance April 1
to October 1 . Tanks used for chemigation are not exempt.
Best Management Practices are encouraged, particularly in
Zone A.
Storage of liquid or dry fertilizer in amounts equal to or
less than 1 ,000 pounds or 100 gallons, stored indoors by
each farm operator is exempt from the requirements of this
ordinance.
Septic tanks in the flood plain, dtiring the spring flood
period that use a drain or evaporation system, may release
grey water into existing ditches, provided they inform the
Department of Water � Natural Resources and the City
Tngineer and/or the County Zoning Officer.
.7 ENFORCEMENT.
It shall be the duty of the City and County Zoning Officer
to enforce the provisions of this ordinance and to see that
its requirements and restrictions are duly complied with.
They shall adopt such reasonable procedures that within the
scope of this ordinance shall facilitate the handlin� of
all matters and questions arising hereunder, and may refer
to the Health Officer, the Building Inspector, Bmergency
and Disaster Director, City Engineer and/or Fire Chief any
matters that comes under their jurisdiction.
.8 UNDERLYING ZONES.
The underlying zoning restrictions of each zone apply as
well as the restrictions set forth by this ordinance.
. 9 PENALTY.
For each and every violation of the provision of this
ordinance, the owner, contractor or other individuals
required to get a permit shall be fined in accordance with
Section 910 or Ordinance No 14-80, the Zoning Ordinance of
the Joint Jurisdictional Area surrounding the City of
Brookings, South Dakota, adopted in 1980. �
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. 10 SAVING CLAUSE
Nothing in this ordinance shall be construed to imply that
the City and/or County, by issuing a use permit, have
accepted any liability which the owner/developer has
concerning any development which the owner/developer may
undertake and which subsequently creates adverse effects
within the �hallow/surficial aquifer.
Should any section or provision of this ordinance be
declared invalid, such decision shall not effect the
validity of the ordinance as a whole or any part thereof.
II .
i That any and all ordinances in conflict herewith are hereby
repealed.
FIRST READING: May 15, 1990
SECOND READING AND ADOPTION: May 29, I99Q
PUBLISHED: June 6, I990
' PUBLISHED: June I3, 1990
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PASSED COUNTY PLANNING COMMISSION:
PASSED COUNTY COMMISSION:
Adopted this �__ day of , 1990. �
Chairman
Brookings County Board of County Commissioners
ATTE T:
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County Auditor