Title 41, GAME, FISH, PARKS AND FORESTRY

The state forester may enter upon or cross any privately owned forestland or privately owned land for the purpose of surveying for and locating a forest insect or disease infestation. Upon finding any such forest insect or disease infestation, the state forester shall notify the …

If a landowner effectively controls an infestation on the landowner's property to the satisfaction of the state forester within the time specified upon notification, the landowner may be reimbursed an amount not to exceed the total cost of the suppression measures based on averag…

If a landowner fails to effectively control an infestation on the landowner's lands to the satisfaction of the state forester in the specified time, the state forester may to go upon the landowner's property to effectively control the infestation by whatever methods or means the …

Failure on the part of a landowner to pay to the state in one year's time any amount due and owing under the provisions of this chapter is cause for the state forester to file a certificate of treatment with the county auditor of the county in which the land is located, and the a…

There is hereby created within the Department of Public Safety a Division of Wildland Fire. The division is responsible for prevention, fire suppression, fuels mitigation and reduction, education, and training of homeowners, the public, and firefighters, along with other duties o…

The state wildland fire coordinator, with the sanction of the Department of Public Safety, may, upon request, assist and cooperate with any agency of the United States government; any ministry of a Canadian province; all state, county, and municipal agencies; any fire suppression…

At the request of a board of county commissioners or a person designated by a board of county commissioners for such purpose, the state wildland fire coordinator may assist in the suppression of any range fire within the county. If any assistance provided by the coordinator inclu…

The Department of Public Safety may enter into mutual aid agreements with other fire suppression organizations and determine what costs these organizations would assume during an initial wildfire attack. Source: SL 2013, ch 196 , § 31; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Ap…

The Department of Public Safety may employ a state wildland fire coordinator who is authorized and qualified to carry out all wildfire suppression activities. Source: SL 2013, ch 196 , § 21; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.

The state wildland fire coordinator, under the direction of the Department of Public Safety, shall administer and enforce all state laws for the protection of all forests and woodlands, both public and private, from fire. Source: SL 2013, ch 196 , § 22; SL 2021 ch 1 (Ex. Ord. 21-…

The secretary of public safety may promulgate rules, pursuant to chapter 1-26 , concerning: (1) Authorized actions to prevent, suppress, and extinguish forest and wildland fires, and to provide aid to other forces involved in such fires; (2) Reimbursement of aid provided by the d…

The secretary of public safety may establish policies to provide for the protection of homes and other structures during forest and wildland fires. Source: SL 2013, ch 196 , § 24; SL 2015, ch 203 , § 24; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.

The state wildland fire coordinator, under the direction of the Department of Public Safety, shall take authorized action to prevent, suppress, and extinguish forest and wildland wildfires on all state and privately owned forestlands or privately owned lands and on other lands wh…

It is a Class 2 misdemeanor for any person to break, remove, or in any manner interfere with or molest any fire toolboxes or any fire tools, implements, or equipment furnished or located by the state or federal forest service upon any of the public lands or elsewhere within this …

There is hereby established a fund in the state treasury to be known as the state fire suppression special revenue fund which is hereby appropriated for the payment of costs incurred by the state wildland fire coordinator in suppressing and extinguishing forest and wildland fires…

Costs payable from the state fire suppression special revenue fund shall be paid by warrant of the state auditor on vouchers approved by the secretary of public safety. Source: SL 2013, ch 196 , § 28; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.

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 § 41-23-5 . The department shall, within a reasonable time frame, identify the marked area and applica…

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 § 41-23-5 . A violation of this section is a Class 1 misdemeanor. Sour…

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…