Title 34 — PUBLIC HEALTH AND SAFETY

The electors at the annual meeting of an organized civil township may authorize the township board of supervisors to construct, or to have constructed, fireguards around all or a portion of the township or each way across the center of the township, as deemed necessary for fire p…

It is a Class 1 misdemeanor to set or cause to be set on fire any woods, marsh, prairie, grass, or stubble land or any other inflammable material at any time of the year without first having in place a natural or manmade firebreak and without giving due caution to the prevailing …

34-35-12 Civil liability for fire. 34-35-12.1 Liability for suppression and extinguishment costs collectable by secretary of public safety. 34-35-13 Sheriff's investigation of violations--Prosecution by state's attorney. 34-35-14 Possessory claim supporting recovery of fire damag…

A person who sets a fire as provided in § 34-35-10 is liable for civil damages for all injury and fire suppression and extinguishment costs caused by the fire. For the purposes of this section, person includes but is not limited to public utilities, railroads, and private utiliti…

Any person who negligently causes a fire to be started or who does not take reasonable precautions to prevent a fire from spreading and permits a fire to spread beyond the person's control is liable for all fire suppression and extinguishment costs that were caused by the fire an…

It shall be the duty of every county sheriff, whenever complaint is made to him of the violation of any provisions of § 34-35-10 , to diligently investigate such charge or charges, to ascertain whether any of the provisions of said section have been violated and to make a full an…

In any action instituted in any court to recover damages for injury caused by the fire as provided in § 34-35-12 it is not necessary for any person injured by such fire to allege in a complaint, or prove on the trial of such action, title to the real property over which the fire …

To protect the timber on areas subject to unusual fire dangers, there is hereby created the Black Hills Forest Fire Protection District, consisting of all that part of the state described by metes and bounds as follows: Commencing at a point on the Wyoming-South Dakota state line…

Any person or commercial entity that, before July 1, 2007, was legally engaged in the retail sale, wholesale sale, storage, or transport of fireworks or pyrotechnics, or any successor to any such person or commercial entity, may continue to engage in any such sales, storage, or t…

The starting of an open fire within the Black Hills Forest Fire Protection District by a person or a group of persons is prohibited unless a permit to do so is first obtained from the Department of Public Safety or from the United States Forest Service. An open fire as used in th…

Any United States forest service supervisor or the secretary of public safety may, upon an application, issue a permit to a person to start an open fire within the Black Hills Forest Fire Protection District, if the fire is not expected to endanger the life or property of another…

The secretary of public safety or the secretary's designee may set fires in woods or prairie for the purposes of forest and range management, provided that reasonable forces and equipment are available to suppress the spread of the fire. Source: SL 1980, ch 247 , § 3; SL 2002, ch…

A person that owns land adjacent to state-owned land bordering the Missouri River may burn the state-owned land in conjunction with the person's own land by utilizing prescribed burning, provided the person submits a written request to the department secretary or commissioner in …

The secretary of public safety may promulgate rules pursuant to chapter 1-26 concerning: (1) The permit application procedures; (2) The conditions for awarding a permit; (3) The provisions to carry out a safe open burn; and (4) The procedures for appointing designees. Source: SL …

The electors at the annual meeting may vote a tax, in addition to the amount levied for other purposes, upon the real property, including railroads within the area, embraced by the fireguards, for the purpose of defraying the necessary expenses of the fireguards. Source: SL 1893,…

The Governor of South Dakota may execute a compact on behalf of the state with any one or more states who may by their legislative bodies, authorize a compact, in form substantially as follows: ARTICLE I The purpose of this compact is to promote effective prevention and control o…

No person may use a firearm target in the Black Hills Forest Fire Protection District if that target is designed to explode upon a bullet's impact. Any violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for any damages caused by a r…

For the purpose of constructing fireguards the township supervisors or the persons employed by them for that purpose may, with the consent of the owner, enter upon land adjacent to the right of way and construct fireguards upon the real estate of a private person. Source: SL 1893…

In counties containing areas not embraced in any civil township, fireguards as described in § 34-35-1 may be constructed under the supervision of the board of county commissioners and the cost of the fireguards met by special levy upon the real property, including railroads, with…

The expense of making any fireguard running upon or adjacent to the township line shall be borne equally by the two townships between which the fireguard is made. Source: SL 1893, ch 91 , § 4; RPolC 1903, § 1134; SL 1905, ch 111 ; RC 1919, § 6131; SDC 1939, § 58.1004; SL 2014, ch…

Any person who shall drop or throw from any vehicle or other means of transportation any burning match, cigarette, cigar, ashes of pipe, or other burning substance of any kind is guilty of a Class 2 misdemeanor. Source: SL 1937, ch 94 ; SDC 1939, § 13.1613; SL 1977, ch 190 , § 91…

Every person who negligently kindles or causes to be kindled, fire in any woods, brush, fields, marshes, or prairies and leaves it unquenched or who negligently or without full precaution to prevent fire spreading permits it to spread beyond his control so as to endanger the prop…

A person who receives written consent from the department secretary or a commissioner to burn state-owned land in conjunction with the person's own land assumes all liability for the burn. The state is immune from liability, and no cause of action for damages may arise against th…