Title 41 — GAME, FISH, PARKS AND FORESTRY

Source: SL 1992, ch 302 ; SL 2025, ch 178 , § 1.

The state parks existing in South Dakota are as follows: (1) Bear Butte State Park, located in Meade County; (2) Custer State Park, located in Custer County; (3) Fort Sisseton State Park, located in Marshall County; (4) Hartford Beach State Park, located in Roberts County; (5) Ne…

The Game, Fish and Parks Commission may adopt such rules as may be necessary to establish uniform procedures for the administration, management, and development of the state park system. The state park system includes all lands and waters owned, leased, or controlled by the Depar…

The Department of Game, Fish and Parks may assist in maintaining schools within Custer County and may pay for such assistance out of any funds available. Payment of such funds by the department may not exceed, for each pupil who attends public school within the county and who is …

The Department of Game, Fish and Parks may enter into an agreement with the adjutant general of the South Dakota National Guard whereby a part of the Custer State Park may be used as a cantonment area for the National Guard. Any such agreement shall be approved by the Governor an…

Source: SL 1979, ch 287 , § 3; SL 1996, ch 255 , § 1; SL 2022, ch 159 , § 1.

Source: SL 1996, ch 255 , § 2; SL 2022, ch 159 , § 2.

Source: SL 2010, ch 211 , § 1; SL 2022, ch 159 , § 3.

Source: SL 2010, ch 211 , § 2; SL 2022, ch 159 , § 4.

Source: SL 2010, ch 211 , § 3; SL 2022, ch 159 , § 5.

No highways, roads, or trails may be built in any state park except such as are designated by the Game, Fish and Parks Commission. A violation of this section is a Class 2 misdemeanor. Source: SDC Supp 1960, § 25.1318 as enacted by SL 1966, ch 73 , § 2; SL 1991, ch 337 , § 87.

A park license may be required to permit a motor vehicle and the occupants entry into any state park, except Bear Butte when used by individuals participating in a religious activity, and into any of the following lakeside use or state recreation areas: (1) Angostura; (2) America…

41-17-13.3 Campground permit or charges not included in park license. 41-17-13.4 Free admission and reduced fees for certain veterans. 41-17-14 Use of fees from park licenses--Land purchase prohibited. 41-17-14.1 Camping permits--Issuance--Use of fees. 41-17-15 Deposit and use of…

A park license is not required: (1) For any motor vehicle used on official business and owned or leased by the state or its political subdivisions or by the United States government; (2) For commercial vehicles being used for the transportation of property or in the performance o…

Purchase of a park license does not exempt the buyer from payment for campground permits or service charges. Source: SL 1972, ch 228 , § 3; SL 2009, ch 206 , § 104.

Any South Dakota resident who receives a veteran allotment for a total disability which is deemed a service-connected injury or has received the United States Veterans' Administration K Award; any resident who was held as a prisoner of war; or any resident who has served on activ…

The total net receipts from license fees under § 41-17-13 shall be deposited in the parks and recreation fund established by § 41-17-21 and be used by the Game, Fish and Parks Commission for operating and maintaining the existing state park system as defined in § 41-17-1.1 in suc…

The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 establishing criteria and procedures for obtaining free admission and reduced fees pursuant to this section and for the issuance of a lifetime park entrance license. Source: SL 1991, ch 344 ; SL 1…

All income realized from the collection of park service fees established by rules adopted pursuant to § 41-17-1.1 shall be deposited in the parks and recreation fund established by §

Repealed by SL 1984, ch 273 , § 9 41-17-17

41-17-18.1 Permitting dogs at large as misdemeanor. 41-17-19 41-17-19 , 41-17-20. Repealed by SL 1984, ch 273 , §§ 11, 12 41-17-21 Parks and recreation fund created--Expenditure. 41-17-22

It is a Class 1 misdemeanor for any person to hunt, trap, kill, or capture game animals, bison, or game birds within the boundaries of the Custer State Park, except in accordance with rules adopted pursuant to § 41-17-1.1 by the Game, Fish and Parks Commission. Source: SDC 1939, …

Any person who permits a dog to run at large in a state park is guilty of a Class 2 misdemeanor. Source: SDC Supp 1960, § 25.1315 as enacted by SL 1966, ch 73 , § 2; SDCL, § 41-17-17 ; SL 1968, ch 107 ; SL 1977, ch 190 , § 611. 41-17-19, 41-17-20. Repealed by SL 1984, ch 273 , §§…

No state park may hereafter be designated or created except by the designation and creation as a state park by the Legislature. Source: SDC Supp 1960, § 25.1311 as enacted by SL 1966, ch 73 , § 2; SL 2009, ch 206 , § 97.

There is created in the state treasury the parks and recreation fund. The parks and recreation fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of game, fish and parks. Source: SL 1984, ch …

41-17-22.2 Classification of concession rights, privileges, and leasehold interest for taxation--Exemptions. 41-17-22.3

In concessionaire leases for Custer State Park and the Yankton unit of Lewis and Clark State Recreation Area, the Department of Game, Fish and Parks shall provide for and impose upon the concessionaire and sub - concessionaires a promotion fee which may not exceed three percent o…

All concession rights, privileges, and leasehold interests of any person in property owned or managed as a unit of the state park system as defined in § 41-17-1.1 is hereby classified for the purpose of taxation and is exempt from property taxation. This section does not exempt p…

41-17-22.4 Procedure for sale, assignment, or transfer of concessionaire leases. 41-17-22.5 Custer State Park bond redemption fund created--Expenditures. 41-17-22.6 Amount of revenue from concession contracts deposited in Custer State Park fund. 41-17-23 Grazing on state park or …

In any concessionaire lease of property located in Custer State Park, the Game, Fish and Parks Commission shall require in the lease that if the concessionaire wants to sell, transfer, convey, or assign the concessionaire's interest in the leasehold, the commission shall publish …

There is hereby created in the state treasury the Custer State Park concession bond redemption fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Game, Fish and…

The first one hundred thousand dollars of revenue from the concession contracts at Custer State Park in each fiscal year shall be deposited in the Custer State Park fund. Any state revenue from concession contracts at Custer State Park in addition to one hundred thousand dollars …

It is a Class 2 misdemeanor for any person owning, having charge of, or possessing any horses, mules, cattle, goats, sheep, swine, or other domestic grazing animals, to cause or permit such animals to enter or graze upon any state park or game preserve within this state, except o…

It is a Class 2 misdemeanor for any person passing or driving any animal or conveyance through any gate located within or upon the borders of any state or federal park or game preserve within this state to fail to close and securely fasten such gate immediately after such passage…

41-17-27 Mickelson Trail--Motorized vehicle prohibited--Exceptions--Penalty. 41-17-28 Golf carts used within state parks or recreation areas.

The Game, Fish and Parks Department shall, unless otherwise agreed to by the adjoining landowner, construct a fence upon the boundaries of any property interest the state of South Dakota possesses along any railroad right - of - way acquired pursuant to the rails to trails progra…

An individual may not operate a motorized vehicle within the right-of-way of the George S. Mickelson Trail. This section does not apply to: (1) An individual operating a snowmobile, from December first to March thirty-first, inclusive, on the trail from Lead/Deadwood south to the…

The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26 , to permit the use of golf carts on roads within state parks and state recreation areas that are designated by the commission to be used by golf carts. The rules shall require that the golf cart…

Repealed by SL 2012, ch 201 , § 5.

The Department of Game, Fish and Parks may, with the approval of the Governor and commissioner of human resources and administration, purchase, construct, or otherwise acquire, or contract for the feasibility survey, construction, completion, equipping, or furnishing of any recre…

To accomplish the provisions and purposes of § 41-17-4 , the Department of Game, Fish and Parks may issue revenue bonds in such amounts as the Game, Fish and Parks Commission deems necessary. The bonds shall be authorized by resolution of the commission and approved by the Govern…

The Game, Fish and Parks Commission may pledge park license receipts and any revenues derived from the operation of any recreational facility constructed with income derived from the issuance of the bonds authorized pursuant to § 41-17-5 as security for any bonds issued under §

All bonds issued under the authority of this chapter shall recite in substance that such bonds and interest thereon are payable solely from the revenues pledged to the payment thereof and that such bonds do not constitute a debt of the State of South Dakota within the meaning of …

Bonds issued under the authority of this chapter may be sold in a manner and upon terms as the Game, Fish and Parks Commission may determine to be for the best interest of the state. All bonds issued hereunder shall have all the qualities of negotiable instruments. Source: SL 195…

No bond, indebtedness, or obligation incurred or created under the authority of this chapter constitutes a lien, charge, or liability against the State of South Dakota, nor against the Game, Fish and Parks Commission, nor against the property or funds of this state except to the …