Title 41 — GAME, FISH, PARKS AND FORESTRY

Source: SL 2017 (SS), ch 1 , § 18, eff. June 12, 2017.

The Legislature finds: (1) The South Dakota Supreme Court, in Parks v. Cooper , 2004 SD 27 and Duerre v. Hepler , 2017 SD 8, held that the Legislature has the obligation to determine the extent of public use of water overlying private property for recreational purposes; and (2) B…

No lease or license entered into pursuant to § 41-23-3 may be for a term exceeding ten years. Source: SL 2017 (SS), ch 1 , § 10, eff. June 12, 2017.

The liability of any owner of private property underlying a meandered or nonmeandered lake is limited as provided in §§ 20-9-12 to 20-9-18 , inclusive. However, contact between recreational equipment and private property underlying any nonmeandered lake incidental to a lawful rec…

The commission shall promulgate rules, pursuant to chapter 1-26 , to specify standards for the markers described in § 41-23-5 after weighing the cost and burden of compliance by the owner of private property against the visibility of the markers to the public. Source: SL 2017 (SS…

The owner of private property shall notify the department, within a reasonable time frame, of any area of a nonmeandered lake marked by the owner of private property pursuant to §

Access to any nonmeandered lake for recreational use may only be by public roadway, public right-of-way, or other lawful means. Nothing in this chapter creates a right of ingress or egress on private property to access a nonmeandered lake. Source: SL 2017 (SS), ch 1 , § 14, eff. …

No person may walk, wade, stand, or operate a motor vehicle on the bed of a nonmeandered lake, or trap or hunt on the frozen surface above private land, without permission from the landowner or any other person legally in possession of the privately owned property underlying the …

The commission shall promulgate rules, pursuant to chapter 1-26 , to establish a process whereby a person may petition the commission to open a portion of the waters or ice of a nonmeandered lake marked pursuant to § 41-23-5 for the limited purpose of transportation to a portion …

The commission shall set the size and location of the area of the marked portion of a nonmeandered lake opened for transportation pursuant to § 41-23-16 and set reasonable speed, wake, and other limitations to protect the privacy, safety, and substantially affected financial inte…

Any person who enters or remains upon private property or waters overlying private property in violation of this chapter is guilty of a criminal trespass in accordance with the applicable provisions of chapters 41-9 and 22-35 , except for unarmed retrieval of lawfully taken small…

Before June 2, 2019, but after April 1, 2019, the department shall deliver a report to the Executive Board of the Legislative Research Council which includes the following: (1) An estimate of the number of acres of nonmeandered lakes open for public recreation and the number of a…

Terms used in this chapter mean: (1) "Commission," the Game, Fish and Parks Commission; (2) "Department," the Department of Game, Fish and Parks; (3) "Meandered lake," any natural water body, except a river or stream, for which a meander line survey was included as part of the of…

The department, on behalf of and in the name of the state, may negotiate with each landowner to acquire, by gift, grant, devise, purchase, lease, or license, recreational use of all or any portion of any nonmeandered lake overlying private property. Any agreement reached pursuant…

Any person is entitled to recreational use of the portion of a nonmeandered lake that overlies private property if the person has permission from the owner of the private property. Source: SL 2017 (SS), ch 1 , § 4, eff. June 12, 2017.

Any nonmeandered lake overlying private property is open to recreational use without permission of any owner of the private property underlying the nonmeandered lake unless the owner of the private property installs conspicuous markers, which may consist of signs or buoys, to ide…

No owner of private property may receive financial compensation in exchange for granting permission to fish on a portion of a nonmeandered lake overlying the owner's private property that is marked pursuant to §

Notwithstanding the provisions of this chapter, any nonmeandered lake listed in § 41-23-8 is declared open for recreational use, based on the following conditions occurring before January 1, 2017: (1) The open, obvious, and continuous recreational use by the public for a signific…

The waters of the following nonmeandered lakes are declared open for recreational use pursuant to § 41-23-7 : (1) Casey's Slough, Cottonwood GPA, Dry #1, Dry #2, Round, and Swan in Clark County; (2) Deep and Goose in Codington County; (3) East Krause, Lynn, and Middle Lynn, in Da…

The commission shall promulgate rules, pursuant to chapter 1-26 , to establish a process whereby an owner of private property underlying any nonmeandered lake listed in § 41-23-8 may petition the commission to allow the owner of private property to restrict recreational use of th…