South Dakota Administrative Code

Rule 41:04:02:41 Lincoln County public water safety zones. 41:04:02:41. Lincoln County public water safety zones. Lincoln County public water safety zones are as follows: (1) Lake Alvin: (a) The waters are a "no wake zone"; (b) The waters fronting on that portion of the shoreline…

Rule 41:04:02:42 Lyman County public water safety zones. 41:04:02:42. Lyman County public water safety zones. Lyman County public water safety zones are as follows: (1) The waters of Lake Sharpe on the upstream side of the dam beginning at a point on the south side of Big Bend Da…

Rule 41:04:02:43 McCook County public water safety zones. 41:04:02:43. McCook County public water safety zones. McCook County public water safety zones are as follows: (1) East Vermillion Lake: (a) The waters west of the two large signs placed by the department on each side of th…

Rule 41:04:02:44 McPherson County public water safety zones. 41:04:02:44. McPherson County public water safety zones. The waters of Lake Eureka in McPherson County starting at the swimming pier on the south shore of Lake Eureka and continuing 300 feet east are a "public swimming …

Rule 41:04:02:45 Marshall County public water safety zones. 41:04:02:45. Marshall County public water safety zones. The following waters of Roy Lake in Marshall County: (1) The waters of Roy Lake fronting on the north shore of the west unit of Roy Lake State Park starting at the …

Rule 41:04:02:46 Meade County public water safety zones. 41:04:02:46. Meade County public water safety zones. The waters of Bear Butte Lake in Meade County are a "no wake zone." Source: SL 1975, ch 16, § 1; 6 SDR 31, effective October 2, 1979; 6 SDR 94, effective March 26, 1980; …

Rule 41:04:02:47 Repealed. 41:04:02:47. Mellette County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:02:48 Repealed. 41:04:02:48. Miner County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 78, effective June 19, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 18 SDR 144, effective March 15, 1992.

Rule 41:04:02:49 Minnehaha County public water safety zones. 41:04:02:49. Minnehaha County public water safety zones. Minnehaha County public water safety zones are as follows: (1) Wall Lake: (a) The waters within an area starting from the property line between lots 19 and 20 on …

Rule 41:04:02:50 Moody County public water safety zones. 41:04:02:50. Moody County public water safety zones. Moody County public water safety zones are as follows: (1) The waters of Lake Campbell fronting on an area beginning at a point approximately 300 feet west of the northwe…

Rule 41:04:02:51 Pennington County public water safety zones. 41:04:02:51. Pennington County public water safety zones. Pennington County public water safety zones are as follows: (1) The waters of Deerfield Reservoir are a "no wake zone"; (2) Pactola Reservoir: (a) The waters in…

Rule 41:04:02:52 Perkins County public water safety zones. 41:04:02:52. Perkins County public water safety zones. The following waters of Shadehill Reservoir in Perkins County: (1) The waters fronting on the north side of the reservoir beginning 150 feet from shore directly in fr…

Rule 41:04:02:53 Potter County public water safety zones. 41:04:02:53. Potter County public water safety zones. Potter County public water safety zones are as follows: (1) The waters of Lake Oahe fronting on that portion of the West Whitlock Recreation Area starting at a point 22…

Rule 41:04:02:54 Roberts County public water safety zones. 41:04:02:54. Roberts County public water safety zones. Roberts County public water safety zones are as follows: (1) The waters of Big Stone Lake fronting on that portion of Hartford Beach State Park beginning on the west …

Rule 41:04:02:55 Repealed. 41:04:02:55. Sanborn County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 147, effective May 22, 1983; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:02:56 Repealed. 41:04:02:56. Shannon County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:02:57 Repealed. 41:04:02:57. Spink County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:02:58 Stanley County public water safety zones. 41:04:02:58. Stanley County public water safety zones. Stanley County public water safety zones are as follows: (1) Lake Sharpe: (a) The waters of Oahe Marina are a "no wake zone"; (b) The waters of Marion Gardens Canal a…

Rule 41:04:02:59 Repealed. 41:04:02:59. Sully County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:02:60 Repealed. 41:04:02:60. Todd County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:02:61 Repealed. 41:04:02:61. Tripp County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:02:62 Turner County public water safety zones. 41:04:02:62. Turner County public water safety zones. The following waters of Swan Lake in Turner County: (1) The waters west and south of the Christian Camp are a "no motors zone"; (2) The waters starting at a point along…

Rule 41:04:02:63 Repealed. 41:04:02:63. Union County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984. Rule 41:04:02:63.01 Union County public water safety zones. 41:04:02:63.01. Union County public water saf…

Rule 41:04:02:63.01 Union County public water safety zones. 41:04:02:63.01. Union County public water safety zones. The following waters of McCook Lake in Union County: (1) The waters within a 100-foot radius of the public boat ramp on the southeast shore are a "no wake zone"; (2…

Rule 41:04:02:64 Walworth County public water safety zones. 41:04:02:64. Walworth County public water safety zones. The following waters of Lake Oahe in Walworth County: (1) The waters of Indian Creek Bay, commonly known as the East Boat Launch area, northeast of the Indian Creek…

Rule 41:04:02:65 Repealed. 41:04:02:65. Washabaugh County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:02:66 Yankton County public water safety zones. 41:04:02:66. Yankton County public water safety zones. Yankton County public water safety zones are as follows: (1) Lewis and Clark Lake: (a) The waters fronting on the shoreline starting at the fishing pier of the Midway…

Rule 41:04:02:67 Repealed. 41:04:02:67. Ziebach County public water safety zones.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:02:68 Repealed. 41:04:02:68. Applicability of uniform markings and zones on public waters.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:03:01 Meandered water defined. 41:04:03:01. Meandered water defined. As used in this chapter, "meandered water" means all meandered lakes, sloughs, marshes, and streams and the dry or partially dry portions of the areas. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 1…

Rule 41:04:03:02 Restriction of access prohibited. 41:04:03:02. Restriction of access prohibited. No person may restrict access in any way on or across a meandered water. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, …

Rule 41:04:03:03 Posting of signs prohibited. 41:04:03:03. Posting of signs prohibited. No person may post signs on a meandered water. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019. General Authority: SDCL 41-2-1…

Rule 41:04:03:04 Farming prohibited -- Exception. 41:04:03:04. Farming prohibited -- Exception. A person may not graze or farm a meandered water without the written permission of the secretary. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74,…

Rule 41:04:03:05 Modification prohibited -- Exception. 41:04:03:05. Modification prohibited -- Exception. No person may modify shore or bottom lands below the ordinary high-water mark of a meandered water or other waters to which the state has acquired a right, title, or interest…

Rule 41:04:04:01 Definition of terms. 41:04:04:01. Definition of terms. As used in this chapter: (1) "Public waters" means all meandered lakes, rivers, and streams and their shores to the high-water mark; all waters and shores of reservoirs constructed with public funds; and all …

Rule 41:04:04:02 Dock and boat lift standards. 41:04:04:02. Dock and boat lift standards. No person may construct, repair, remodel, or maintain a dock or boat lift unless it conforms to the following standards: (1) No dock may extend over the water for more than 60 feet, excludin…

Rule 41:04:04:03 Repealed. 41:04:04:03. Nonconforming docks prohibited.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:04:04 Variance permits authorized -- Extent and time limited. 41:04:04:04. Variance permits authorized -- Extent and time limited. The department may issue a non-transferable variance permit to exempt the person from compliance with the standards provided in § 41:04:04…

Rule 41:04:04:05 Requirements for dock and floating dock maintenance. 41:04:04:05. Requirements for dock and floating dock maintenance. Requirements for dock and floating dock maintenance are as follows: (1) All docks and floating docks must be securely anchored in place to preve…

Rule 41:04:04:06 Permits revoked and docks removed upon violation. 41:04:04:06. Permits revoked and docks removed upon violation. All variance permits as described in § 41:04:04:04 are subject to administrative revocation. All docks and floating docks are subject to removal from …

Rule 41:04:04:07 Dock placement -- Authorized persons. 41:04:04:07. Dock placement -- Authorized persons. No person may place or construct a dock, floating dock, or boat lift on, in, or over any public water or its shoreline except those persons expressly authorized by this secti…

Rule 41:04:05:01 Transferred. 41:04:05:01. Transferred to § 64:16:01:01. 41:04:05:01.01. Boat license fees. The department shall license a boat based on the length of the boat and the type of propulsion, provided that a temporary boat license may be issued to a boat if the boat's…

41:04:05:01.01. Boat license fees. The department shall license a boat based on the length of the boat and the type of propulsion, provided that a temporary boat license may be issued to a boat if the boat's owner or operator is a participant in a permitted fishing tournament. Al…

Rule 41:04:05:01.02 Licensing period. 41:04:05:01.02. Licensing period. Applicants may apply for an annual license or a temporary fishing tournament boat license, which is valid for 10 consecutive days. Source: 10 SDR 120, effective July 1, 1984; 14 SDR 57, effective October 21, …

Rule 41:04:05:02 Life preservers required. 41:04:05:02. Life preservers required. Life preservers are required on boats operated on the public waters, as follows: (1) All boats less than 16 feet long must have on board one Coast Guard-approved wearable personal flotation device f…

41:04:05:02.01. Personal flotation device use required. If a boat is operated at greater-than-no-wake speed, personal flotation device use on the boat is required as follows: (1) The operator of the boat shall ensure that each child on board under the age of seven is wearing a Co…

41:04:05:03. Fire extinguishers required -- Exception. A fire extinguisher that bears an unexpired U.S. Coast Guard stamp of approval and is in serviceable condition is required on a motorboat operated on public waters as follows: (1) Each Class A or Class 1 motorboat must carry …

Rule 41:04:05:04 Flame arresters required. 41:04:05:04. Flame arresters required. The carburetors of all inboard motorboat engines using gasoline as fuel must be equipped with flame arresters, backfire traps, or similar devices that prevent any flames caused by engine backfire fr…

Rule 41:04:05:04.01 Whistle required. 41:04:05:04.01. Whistle required. A Class 1 motorboat must be equipped with a whistle or other sound-producing mechanical device capable of a two-second blast audible for at least one-half mile. A Class 2 or Class 3 motorboat must be equipped…

Rule 41:04:05:04.02 Bell required. 41:04:05:04.02. Bell required. A Class 3 motorboat must be equipped with an efficient bell. Source: 10 SDR 120, effective July 1, 1984; 46 SDR 74, effective December 2, 2019. General Authority: SDCL 32-3A-1(1). Law Implemented: SDCL 32-3A-1(1).