South DakotaHB 1001101st South Dakota Legislature (2026)House

provide for prescribed burning of state-owned land by a person owning adjoining land and to declare an emergency.

Sponsored By: Sponsor information unavailable

Signed by Governor

Administrative ProcedureEmergency ClauseExecutive/Judiciary RequestFirefightersLeased PropertyLiabilityPropertyPublic Health and Safety

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Landowners gain burn access but bear liability

Owners of land next to state land bordering the Missouri River can conduct planned burns on both parcels together. They must submit a written request to the department secretary or commissioner responsible for the state land and receive written consent. The request must describe both parcels, give the burn timeframe, and state its purpose: controlling woody plants and managing grassland. The consent must confirm burning is an appropriate land-management method, identify both parcels, and give the burn timeframe. This consent serves as the state's authorization. Owners must ensure reasonable firefighting crews and equipment are available and follow all applicable burn laws. Owners assume all liability for the burn; the state is immune from liability and cannot be sued for resulting damages. The law took effect upon passage and approval under an emergency clause.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 117 • No: 0

Senate vote • 2/25/2026

Do Pass Amended

Yes: 33 • No: 0

Senate vote • 2/24/2026

Do Pass

Yes: 6 • No: 0

House vote • 2/9/2026

Do Pass Amended

Yes: 65 • No: 0

House vote • 2/5/2026

Do Pass Amended

Yes: 13 • No: 0

Bill Text

  • Introduced

    12/19/2025

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