South Dakota Administrative Code

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).

Rule 41:04:05:05 Ventilation required. 41:04:05:05. Ventilation required. The owner of a boat, except open boats, using fuel of a volatile nature shall install air vents that will ventilate the bilges of the engine and fuel tank compartment and remove any explosive or inflammable…

Rule 41:04:05:06 Navigation rules. 41:04:05:06. Navigation rules. The navigation rules for all boats underway on the waters of this state are those in 33 CFR § 83.01 through 83.19 and 33 CFR 83.32 through 83.37 (August 1, 2014). Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102,…

Rule 41:04:05:07 Repealed. 41:04:05:07. Definition of underway. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 39 SDR 10, effective August 1, 2012.

Rule 41:04:05:08 Restriction on right-of-way. 41:04:05:08. Restriction on right-of-way. A boat underway from a slip, dock, pier, or ramp does not have right-of-way and may not give passing signals until the boat is entirely clear of the area. Source: SL 1975, ch 16, § 1; 10 SDR 7…

Rule 41:04:05:09 Blockage of docks forbidden. 41:04:05:09. Blockage of docks forbidden. Passing boats may not block the entrance to or exit from a slip, dock, or pier. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 201…

Rule 41:04:05:10 Repealed. 41:04:05:10. Overtaking -- Right-of-way. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 148, effective March 6, 1995; repealed, 40 SDR 197, effective May 27, 2014.

Rule 41:04:05:11 Repealed. 41:04:05:11. Procedure for passing oncoming boats. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 40 SDR 197, effective May 27, 2014.

Rule 41:04:05:12 Repealed. 41:04:05:12. Passing of boat with tow. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 40 SDR 197, effective May 27, 2014.

Rule 41:04:05:13 Repealed. 41:04:05:13. No disturbance by wash or wake.Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 148, effective March 6, 1995; repealed, 26 SDR 174, effective July 4, 2000.

Rule 41:04:05:14 Careless boat operation -- careless operation defined. 41:04:05:14. Careless boat operation -- careless operation defined. No person may operate or allow the operation of any boat in a careless manner. Careless boat operation is defined as that which is done with…

Rule 41:04:05:15 Repealed. 41:04:05:15. Audible signals. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.

Rule 41:04:05:16 Emergency signals -- Boats to stop. 41:04:05:16. Emergency signals -- Boats to stop. Only an authorized emergency rescue or law enforcement boat may display flashing blue or red lights or sound a siren. Upon giving either signal, the emergency and enforcement boa…

Rule 41:04:05:16.01 Eluding a law enforcement officer. 41:04:05:16.01. Eluding a law enforcement officer. Any operator of a boat who, after failing or refusing to bring a boat to a stop pursuant to § 41:04:05:16 or after having been given a signal by hand, voice, emergency light,…

Rule 41:04:05:17 Repealed. 41:04:05:17. Failure to comply with requirements prohibited.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:04:05:18 Lights required -- Exception. 41:04:05:18. Lights required -- Exception. From sunset to sunrise in all weather, the operator of a boat shall exhibit lights as required in Inland Rules 20 through 30, and Annex I--Positioning and Technical Details of Lights and Sha…

Rule 41:04:05:19 Overloading prohibited. 41:04:05:19. Overloading prohibited. No person may operate a boat loaded beyond the maximum number of persons, weight capacity, or a combination of persons and capacity, as stated on the capacity plate and affixed to the boat by the manufa…

Rule 41:04:06:01 Petition to restrict recreational use of nonmeandered lake. 41:04:06:01. Petition to restrict recreational use of nonmeandered lake. A landowner may petition the commission to restrict recreational use of waters of a nonmeandered lake that are open to recreationa…

Rule 41:04:06:02 Commission action on petition to restrict recreational use of nonmeandered lake. 41:04:06:02. Commission action on petition to restrict recreational use of nonmeandered lake. Upon receipt of a petition the commission shall set a date for a contested case proceedi…

Rule 41:04:06:03 Repealed. 41:04:06:03. Due process requirements for interested parties from the public. Repealed. Source: 44 SDR 65, effective October 16, 2017; 46 SDR 74, effective December 2, 2019.

Rule 41:04:06:04 Repealed. 41:04:06:04. Appeal from commission's final action on petition to restrict recreational use of nonmeandered lake. Repealed. Source: 44 SDR 65, effective October 16, 2017; 46 SDR 74, effective December 2, 2019.

Rule 41:04:06:05 Marking of closed nonmeandered bodies of water. 41:04:06:05. Marking of closed nonmeandered bodies of water. Any landowner who wishes to close the water overlying their flooded land on a nonmeandered waterbody must conspicuously mark the water as being closed to …

Rule 41:04:06:05.01 Placement of department supplied signs. 41:04:06:05.01. Placement of department supplied signs. If a landowner closes a portion of the nonmeandered waters overlying the landowner's land and a sign would provide conspicuous notice of the restricted areas, the l…

Rule 41:04:06:05.02 Placement of buoys. 41:04:06:05.02. Placement of buoys. In situations in which a department supplied sign would be impractical or not provide conspicuous notice to the public of closed portions of nonmeandered waters, the landowner shall acquire and set buoys …

Rule 41:04:06:05.03 Specifications for sign placement and buoy standards for marking closed nonmeandered waters. 41:04:06:05.03. Specifications for sign placement and buoy standards for marking losed nonmeandered waters. (1) Signs and buoys must be placed no further apart than 66…

Rule 41:04:06:06 Transportation lane petition. 41:04:06:06. Transportation lane petition. Upon receipt of a petition to establish a transportation lane, the commission shall, at the next regularly scheduled commission meeting, consider the request and either deny, grant, or modif…

Rule 41:04:06:07 Transportation lanes established. 41:04:06:07. Transportation lanes established. While accessing the transportation lane, an individual shall take the most direct path to the open nonmeandered body of water and shall not hunt, fish, or trap in any manner while in…

Rule 41:05:01:01 Refuges defined. 41:05:01:01. Refuges defined. As used in this article: (1) "State game bird refuge" means a refuge with a closed season for all birds; (2) "State game refuge" means a refuge with a closed season for all birds and animals; and (3) "Waterfowl refug…

Rule 41:05:01:02 Hunting within a waterfowl refuge. 41:05:01:02. Hunting within a waterfowl refuge. No person may hunt migratory waterfowl within a waterfowl refuge during the migratory waterfowl season except as provided by chapters 41:05:02 and 41:06:16. Source: SL 1975, ch 16,…

Rule 41:05:01:03 Hunting and trapping within a state game refuge. 41:05:01:03. Hunting and trapping within a state game refuge. No person may hunt or trap game within a state game refuge, unless otherwise provided in article 41:06. Source: 2 SDR 10, effective August 7, 1975; 7 SD…

Rule 41:05:01:04 Hunting within a state game bird refuge. 41:05:01:04. Hunting within a state game bird refuge. No person may hunt birds within a state game bird refuge, unless otherwise provided in article 41:06. Source: 2 SDR 10, effective August 7, 1975; 7 SDR 31, effective Oc…

Rule 41:05:01:05 Repealed. 41:05:01:05. Hunting within a federal refuge, park, or monument -- Exception. Repealed. Source: 2 SDR 10, effective August 7, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.

Rule 41:05:01:06 Exceptions to hunting on refuges. 41:05:01:06. Exceptions to hunting on refuges. The hunting restrictions contained in this chapter do not apply to the hunting of light geese during an established spring light goose season or Conservation Order in any refuges des…

Rule 41:05:02:01 Repealed. 41:05:02:01. Aurora County refuges.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:05:02:02 Repealed. 41:05:02:02. Beadle County refuges.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:05:02:03 Repealed. 41:05:02:03. Bennett County refuges.Repealed. Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.