reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-12 - Maximum payment for property acquisition.

41-18-12. Maximum payment for property acquisition.
Except as provided in §41-18-13 the board of county commissioners, in acquiring the property for any one park or project and creating bodies of water in the park or project under the provisions of this chapter, may not expend a total amount exceeding one dollar per thousand dollars of taxable valuation on the taxable valuation of the property in the county for the preceding year.
Source:
SDC 1939, §12.2404; SL 2009, ch 206, §112.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-13 - Maximum payment not applicable when bonds issued.

41-18-13. Maximum payment not applicable when bonds issued.
If the county borrows money and issues bonds for the purpose of a park or project and creating bodies of water in the park or project, the expenditure is not limited to one dollar per thousand dollars of taxable valuation on the assessed valuation of the property within the county for the preceding year.
Source:
SDC 1939, §12.2404; SL 2009, ch 206, §113.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-14 - Resolution for payment of agreed price for property.

41-18-14. Resolution for payment of agreed price for property.
If an agreement is reached with the owner of the property or any portion of the property for a reasonable price for the property, the board of county commissioners shall pass a resolution for the purchase of the property or any portion of the property. The resolution shall contain a general description of the property, including the acreage and the price for which the property is to be purchased.
Source:
SDC 1939, §12.2403; SL 2009, ch 206, §114.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-15 - Resolution for condemnation of private property for park.

41-18-15. Resolution for condemnation of private property for park.
If the board of county commissioners deems it necessary to take, damage, or condemn any private property or any portion of the property for any of the purposes mentioned in §41-18-11, the board shall by proper resolution declare the necessity of the taking or damaging, stating the purpose and extent of the taking or damaging.
Source:
SDC 1939, §12.2403; SL 2009, ch 206, §115.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-16 - Abatement of proceedings when condemnation judgment excessive--Payment of costs.

41-18-16. Abatement of proceedings when condemnation judgment excessive--Payment of costs.
If upon condemnation proceedings, a judgment is entered that will cause the limitation in §41-18-12 to be exceeded on a particular park or project, or if the board of county commissioners deems the judgement excessive, the costs of the proceeding including a reasonable attorney's fee for the owner, to be fixed by the court, shall be taxed to and paid by the county and the proceedings shall be abated and the judgment canceled.
Source:
SDC 1939, §12.2404; SL 2009, ch 206, §116.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-17 - Acquisition of land surrounding body of water in county park.

41-18-17. Acquisition of land surrounding body of water in county park.
If it is determined advisable as provided in this chapter to construct or create any body of water within any county park, the board of county commissioners may acquire by the same method as provided in this chapter an amount or quantity of land surrounding or adjoining the body of water as the board deems advisable. The board may use the land for park purposes or sell the land or any portion of the land as provided in §§41-18-18 to 41-18-23, inclusive.
Source:
SDC 1939, §12.2409; SL 2009, ch 206, §117.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-18 - Grant of easements or title to United States in consideration for construction of body of water.

41-18-18. Grant of easements or title to United States in consideration for construction of body of water.
The board of county commissioners may grant easements upon or transfer title to any part of any property acquired pursuant to this chapter, suitable for the creation of a body of water, to the United States government or any branch or department of the United States government in consideration of the United States government furnishing at its own expense the necessary labor and materials or any part of such labor and materials in connection with the construction or creation of such a body of water within any county park.
Source:
SDC 1939, §12.2412; SL 1947, ch 44, §2; SL 2009, ch 206, §118.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-19 - Survey and subdivision of waterfront lots before sale--Restrictions on use of lots.

41-18-19. Survey and subdivision of waterfront lots before sale--Restrictions on use of lots.
If the board of county commissioners decides to sell any lots or tracts surrounding any such body of water or adjoining any portion of the body of water, the commissioners shall first cause the land to be surveyed and platted into lots and blocks and streets or drives. The board of county commissioners may place such restrictions as to the use of the lots or tracts as the board may deem advisable.
Source:
SDC 1939, §12.2410; SL 2009, ch 206, §119.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-20 - Appraisal of waterfront lots.

41-18-20. Appraisal of waterfront lots.
After a survey and platting pursuant to §41-18-19, the board of county commissioners shall appoint three appraisers who shall appraise the lots and tracts. The proceeding for the appraisal of the lots and tracts shall be the same as provided for the appraisal of the estates of decedents, except that the appraisers shall be appointed by the board of county commissioners and the appraisal shall be filed with the county auditor of the county.
Source:
SDC 1939, §12.2410; SL 2009, ch 206, §120.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-21 - Sale of waterfront lots--Minimum price--Time of appraisal.

41-18-21. Sale of waterfront lots--Minimum price--Time of appraisal.
After the appraisers have, pursuant to §41-18-20, fixed the valuation of each lot and tract, the county, through its board of county commissioners, may sell the lots and tracts or any portion of the lots and tracts for not less than the appraised value. No lot or tract may be sold by the board based on any appraisal made more than one year before the date of sale.
Source:
SDC 1939, §12.2410; SL 2009, ch 206, §121.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-22 - Terms of sale of waterfront lots--Minimum down payment and maximum contract period.

41-18-22. Terms of sale of waterfront lots--Minimum down payment and maximum contract period.
In the sale of lots and tracts pursuant to §41-18-21, the board of county commissioners may designate the terms upon which the sales may be made and the rate of interest deferred payments shall bear. The board may make contracts for the sale and make conveyance if the purchaser has met the terms of the contract. However, the purchaser shall pay at least ten percentum of the sale price to the county at the time of the execution of the contract of sale, and the total purchase price, with interest on the purchase price, shall be paid within five years from the date of sale.
Source:
SDC 1939, §12.2410; SL 2009, ch 206, §122.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-23 - Deposit of proceeds from sale of waterfront lots.

41-18-23. Deposit of proceeds from sale of waterfront lots.
Any money received from the sale of lots and tracts pursuant to §41-18-21 shall be deposited as provided in this section. If the county borrows money and issues its bonds for the creation of any county park or for creating bodies of water in the park, the money so received shall be deposited with the county treasurer in a fund known as a county park fund for the purpose of retiring the bonds upon their maturity and paying the interest on the bonds. Otherwise, the proceeds from the sale of the lots and tracts shall be deposited in the general fund.
Source:
SDC 1939, §12.2411; SL 2009, ch 206, §123.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-24 - Improvement and maintenance of county parks--Payment of expense.

41-18-24. Improvement and maintenance of county parks--Payment of expense.
The county commissioners shall have charge of the improvement and maintenance of public parks established pursuant to this chapter, the expense thereof to be paid on their order by warrants upon the park fund.
Source:
SDC 1939, §12.2412; SL 1947, ch 44, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 18 - County Parks › Section 41-18-25 - Minimum distance of dance hall from county park.

41-18-25. Minimum distance of dance hall from county park.
No dance hall may be built within one mile of a county park unless by permission of the board of county commissioners.
Source:
SDC 1939, §12.2410; SL 2009, ch 206, §124.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 19 - Snowmobile Trails And Areas › Section 41-19-1 - Snowmobile trails fund appropriated--Accumulation without reversion.

41-19-1. Snowmobile trails fund appropriated--Accumulation without reversion.
The snowmobile trails fund established pursuant to §32-5-9.2 is hereby appropriated for the administration of §41-19-2. Money in the fund shall accumulate without reversion at the close of the fiscal year.
Source:
SL 1973, ch 197, §4; SL 2009, ch 206, §125.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 19 - Snowmobile Trails And Areas › Section 41-19-2 - Acquisition and improvement of snowmobile trails and areas.

41-19-2. Acquisition and improvement of snowmobile trails and areas.
The Department of Game, Fish and Parks shall, as rapidly as the accumulation of funds in the snowmobile trails fund permits, establish state snowmobile trails and areas, and the Game, Fish and Parks Commission is hereby authorized to expend such funds for the acquisition or leasing of land or easements or for construction, maintenance, and markings necessary for the establishment of state snowmobile trails and areas.
Source:
SL 1973, ch 197, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 19 - Snowmobile Trails And Areas › Section 41-19-3 - Disbursements from snowmobile trails fund.

41-19-3. Disbursements from snowmobile trails fund.
Disbursements from the snowmobile trails fund shall be paid on warrants drawn by the state auditor on vouchers approved by the Game, Fish and Parks Commission.
Source:
SL 1973, ch 197, §4.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 19 - Snowmobile Trails And Areas › Section 41-19-4 - Use of trails and areas restricted to licensed snowmobiles--Violation as misdemeanor.

41-19-4. Use of trails and areas restricted to licensed snowmobiles--Violation as misdemeanor.
The use of state snowmobile trails and areas acquired, leased, developed, or improved by the department under the provisions of this chapter by any person operating any snowmobile other than a licensed snowmobile as defined by §32-20A-1, is a Class 2 misdemeanor.
Source:
SL 1973, ch 197, §3; SL 1977, ch 190, §613.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 19 - Snowmobile Trails And Areas › Section 41-19-6 - Marking trails on public lands--Directions to public use area.

41-19-6. Marking trails on public lands--Directions to public use area.
The Department of Game, Fish and Parks or its designee may mark or sign a state snowmobile trail within any public right-of-way or public land. The Department of Game, Fish and Parks may place signs within any public right-of-way providing directions to a state owned or managed public use area.
Source:
SL 2001, ch 160, §3.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-14 - Definitions.

41-20-14. Definitions.
Terms used in this chapter, mean:
(1)"Certificate of treatment," a written statement by the state forester certifying treatment of a forest insect or disease infestation on private land and containing information on the number of trees treated, location of the trees, ownership of the land, the cost of treatment, and other pertinent information;
(2)"Declared forest insect or disease emergency," any state of forest insect or disease infestation or infection deemed a serious threat to the forest or tree resource by the state forester of South Dakota;
(3)"Privately owned forestland," any land not in government ownership that is at least ten percent stocked with trees and is outside the limits of any incorporated municipality;
(4)"State forester," the state forester of South Dakota, his or her assistants, employees, or designated agents.
Source:
SL 2013, ch 196, §5.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-15 - Promulgation of rules.

41-20-15. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 concerning:
(1)The establishment of a register of qualified professional foresters for the referral of timber sale assistance requests;
(2)Provisions for the removal of foresters from the register;
(3)Establishment of a forest insect and disease control area;
(4)Landowner notification of forest insect and disease infestation and timetable for control; and
(5)Provisions for reimbursing landowners for control costs.
Source: SL 2013, ch 196, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-16 - State forester--Qualifications and authority.

41-20-16. State forester--Qualifications and authority.
The Department of Agriculture and Natural Resources shall employ a state forester who shall be qualified for and authorized to carry out all the activities necessary for the management, protection, harvest, and sale of timber for all interested state agencies.
Source: SL 2013, ch 196, §7; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-17 - Duties of state forester.

41-20-17. Duties of state forester.
The state forester, under the direction of the Department of Agriculture and Natural Resources, shall administer and enforce all state laws with reference to forests, woodlands, trees, and tree plantations, public and private, and shall provide for their health and protection from trespass, and other damaging influences.
Source: SL 2013, ch 196, §8; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-18 - Assistance in management and protection of forestland, woodland, shelterbelt, and rangeland.

41-20-18. Assistance in management and protection of forestland, woodland, shelterbelt, and rangeland.
The state forester, with the sanction of the Department of Agriculture and Natural Resources, may, upon request, assist and cooperate with any agency of the United States government; all state, county, and municipal agencies; and with any corporation, association, partnership, or individual owning or controlling any forestland, woodland, shelterbelt, or rangeland in the management and protection of such forestland, woodland, shelterbelt, or rangeland, including:
(1)Preparation of plans for management and protection of forest health including during a declared forest insect or disease emergency;
(2)Management, surveying, harvesting, marketing, and processing of forest products; and
(3)Collection of receipts from the sale of federal timber and depositing them in the forestry fund as provided in §41-20-22.
In providing timber sale assistance pursuant to subdivisions (1) and (2) of this section, on private lands, the state forester shall determine that such assistance is not reasonably available through a consulting forester. If the assistance is determined to be unavailable from a consulting forester, the state forester may provide the assistance after courtesy notification to private industrial foresters. However, the assistance provided is limited to thirty man-days over a period of six years per individual owner.
Source: SL 2013, ch 196, §9; SL 2021, ch 1 (Ex. Ord. 21-3), §51, eff. Apr. 19, 2021; SL 2022, ch 160, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-19 - Assistance in tree planting.

41-20-19. Assistance in tree planting.
The state forester shall cooperate with the secretary of the United States Department of Agriculture in providing assistance to owners of land in tree planting and in the procurement of forest, ornamental, and fruit trees, seeds, and plants so that the seeds or plants are used effectively for planting trees for domestic, agricultural, and industrial purposes.
Source:
SL 2013, ch 196, §10; SL 2015, ch 203, §22.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-20 - Preference to trees and seeds grown in state and to state dealers.

41-20-20. Preference to trees and seeds grown in state and to state dealers.
In all purchases of seeds or trees under the provisions of §41-20-19, preference shall be given to trees and tree seeds grown in this state and to South Dakota dealers.
Source:
SL 2013, ch 196, §11; SL 2015, ch 203, §23.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-22 - Forestry fund.

41-20-22. Forestry fund.
There is continued the forestry fund which is in addition to any fund which may be made available by appropriation to the Department of Agriculture and Natural Resources for the operation of forestry programs. The fund shall consist of funds coming to the Department of Agriculture and Natural Resources that are available to the department for the operation of forestry programs. All money in the fund is annually appropriated to be disbursed by the Department of Agriculture and Natural Resources as provided by law. The money in the fund shall be used for necessary purposes and shall be expended upon warrants drawn by the state auditor on vouchers approved by authorized personnel.
Source: SL 2013, ch 196, §13; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-23 - Conservation and development of forests and timber.

41-20-23. Conservation and development of forests and timber.
The Department of Agriculture and Natural Resources shall conserve, protect, improve, develop, and increase trees and forests and wood and timber products on state-owned lands, and cooperate with the United States, any agency of the United States, or with any other department, public corporation, or person of this state in such forestry activities on state-owned lands or on lands of the cooperator.
Source: SL 2013, ch 196, §14; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-24 - Control and mitigation of damage by forest insects and diseases.

41-20-24. Control and mitigation of damage by forest insects and diseases.
The Department of Agriculture and Natural Resources, through the state forester, may take action to control or mitigate the damage caused by forest insects and diseases on all state and privately owned forestlands or privately owned lands, and to establish the maximum state-federal cost share assistance available to private landowners for such control measures.
Source: SL 2013, ch 196, §15; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-25 - Entry on private land to locate forest insect or disease infestation.

41-20-25. Entry on private land to locate forest insect or disease infestation.
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 landowner in writing of the presence of the infestation and establish a length of time in which the landowner may control the infestation. The state forester shall further advise the landowner of any acceptable methods and means of effectively controlling the infestation.
Source:
SL 2013, ch 196, §16.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-26 - Reimbursement of landowner for control measures.

41-20-26. Reimbursement of landowner for control measures.
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 average values for each control measure as determined by the state forester. Control measures implemented by private landowners may only be reimbursed by the state forester if funds are made available for this purpose by Legislature.
Source:
SL 2013, ch 196, §17.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-27 - Infestation control by state forester--Cost charged to landowner.

41-20-27. Infestation control by state forester--Cost charged to landowner.
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 state forester deems appropriate, in which case, the total costs incurred by the state forester shall be charged to the landowner, subtracting any cost share assistance that may be available through the state forester.
Source:
SL 2013, ch 196, §18.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20 - Forestry › Section 41-20-28 - Certification and collection of costs as taxes.

41-20-28. Certification and collection of costs as taxes.
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 amount shall be collected as taxes are collected.
Source:
SL 2013, ch 196, §19.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-1 - Division of Wildland Fire.

41-20A-1. Division of Wildland Fire.
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 or responsibilities as may be necessary to fulfill the purpose of this chapter.
Source:
SL 2013, ch 196, §20; SL 2021, ch 1 (Ex. Ord. 21-3), §69, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-2 - State wildland fire coordinator--Qualifications and authority.

41-20A-2. State wildland fire coordinator--Qualifications and authority.
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.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-3 - Duties of state wildland fire coordinator.

41-20A-3. Duties of state wildland fire coordinator.
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. 21-3), §69, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-4 - Promulgation of rules.

41-20A-4. Promulgation of rules.
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 department for the suppression of forest and wildland fires;
(3)Payment of fire suppression costs from the fire suppression revolving fund; and
(4)Collection, accounting, and reimbursement of normal and extraordinary structural and other fire protection costs resulting from forest and wildland fires.
Source:
SL 2013, ch 196, §23; SL 2021, ch 1 (Ex. Ord. 21-3), §69, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-5 - Policies for protection of homes and other structures.

41-20A-5. Policies for protection of homes and other structures.
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.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-6 - Prevention and suppression of forest fires--Court action against person responsible for fires.

41-20A-6. Prevention and suppression of forest fires--Court action against person responsible for fires.
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 while acting pursuant to a cooperative fire suppression agreement. The coordinator shall direct and aid the efforts of all fire suppression forces involved in the fires. The coordinator may bring an action in circuit court against the responsible person to obtain reimbursement for reasonable fire suppression and extinguishment costs.
Source:
SL 2013, ch 196, §25; SL 2021, ch 1 (Ex. Ord. 21-3), §69, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-7 - Interference with forest service fire equipment as misdemeanor.

41-20A-7. Interference with forest service fire equipment as misdemeanor.
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 state unless necessary to use in case of fire.
Source:
SL 2013, ch 196, §26.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-8 - State fire suppression special revenue fund.

41-20A-8. State fire suppression special revenue fund.
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 and emergency rangeland fires; for the payment of costs incurred by the Governor in authorizing fire prevention measures; and for the payment of costs incurred by the secretary of public safety in hiring a fire suppression force to assist any other fire suppression agency, regardless of whether the fire being suppressed is within the territorial jurisdiction of the State of South Dakota. The fire suppression agency shall either execute or have an existing cooperative fire suppression agreement with the South Dakota Department of Public Safety.
As used in this section, emergency rangeland fires, includes fires outside the Black Hills Forest Fire Protection District that the Governor declares as an emergency and the state wildland fire division assists with fire suppression and extinguishment.
Any damages paid from judgments or settlements in civil actions taken under §41-20A-6 and reimbursements or contributions from other sources for suppressing forest and wildland fires may be deposited into the fund.
Source:
SL 2013, ch 196, §27; SL 2021, ch 1 (Ex. Ord. 21-3), §69, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-9 - Payments from fund.

41-20A-9. Payments from fund.
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.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-10 - Assistance in protection of forestland, woodland, shelterbelt, and rangeland--Collection of costs.

41-20A-10. Assistance in protection of forestland, woodland, shelterbelt, and rangeland--Collection of costs.
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 organization; any person qualified by the state wildland fire coordinator; any person needed for an incident management team for the purposes of training and fire prevention or suppression; and with any corporation, association, partnership, or individual owning or controlling any forestland, woodland, shelterbelt, or rangeland in the protection of such forestland, woodland, shelterbelt, or rangeland, including:
(1)Creation and administration of fire protection districts;
(2)Disposal of slash, debris from logging operations, and other fire and insect hazards; and
(3)Assistance to the state wildland fire coordinator in the prevention and suppression of fires.
After providing assistance in the suppression of fires pursuant to subdivision (3) of this section, the state wildland fire coordinator may collect fire suppression and extinguishment costs pursuant to this chapter if the costs were initially incurred by the coordinator or if the secretary of public safety has repaid any of the governmental agencies or persons described by this section for goods or services used in fire suppression efforts directed by the coordinator.
Source:
SL 2013, ch 196, §29; SL 2015, ch 203, §25; SL 2016, ch 182, §2; SL 2021, ch 1 (Ex. Ord. 21-3), §69, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-11 - Assistance in suppression of range fire within county--Reimbursement of expenses.

41-20A-11. Assistance in suppression of range fire within county--Reimbursement of expenses.
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 includes the use of more than six state employees and more than two vehicles, the county to which the assistance is given shall reimburse the coordinator for the reasonable expenses incurred.
Source:
SL 2013, ch 196, §30; SL 2018, ch 254, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 20A - Fire Prevention And Suppression › Section 41-20A-12 - Mutual aid agreements with fire suppression organizations.

41-20A-12. Mutual aid agreements with fire suppression organizations.
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. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-1 - Legislative findings.

41-23-1. Legislative findings.
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)Because the state holds the waters in trust for the benefit of the public, the Legislature must balance the interests of recreational users and the rights of private property owners to provide a constitutionally sound and manageable basis for establishing public recreational use of water overlying private property in accordance with this chapter.
Source:
SL 2017 (SS), ch 1, §1, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-2 - Definitions.

41-23-2. Definitions.
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 official survey conducted by the United States surveyor general for the land on which the lake is situated and the meander lines are shown on plats made by the United States General Land Office;
(4)"Nonmeandered lake," any natural lake that is not a meandered lake;
(5)"Recreational use," except as otherwise provided by law, use for outdoor sporting and leisure activities, including, but not limited to, hunting, fishing, swimming, floating, boating, and trapping.
Source:
SL 2017 (SS), ch 1, §2, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-3 - Agreements for recreational use of nonmeandered lakes.

41-23-3. Agreements for recreational use of nonmeandered lakes.
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 to this section, or any failure to reach an agreement, is not an appealable final action of the department.
Source:
SL 2017 (SS), ch 1, §3, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-4 - Permission to use portion of nonmeandered lake.

41-23-4. Permission to use portion of nonmeandered lake.
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.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-5 - Markers identifying area of nonmeandered lake not open to public recreational use without permission or agreement.

41-23-5. Markers identifying area of nonmeandered lake not open to public recreational use without permission or agreement.
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 identify the area of the nonmeandered lake that is not open to public recreational use without permission or agreement as provided under this chapter.
Source:
SL 2017 (SS), ch 1, §5, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-6 - Financial compensation for permission to fish prohibited--Misdemeanor.

41-23-6. Financial compensation for permission to fish prohibited--Misdemeanor.
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.
Source:
SL 2017 (SS), ch 1, §6, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-7 - Certain nonmeandered lakes declared open for recreational use.

41-23-7. Certain nonmeandered lakes declared open for recreational use.
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 significant period; and
(2)The expenditure of public funds for the construction of one or more boat ramps.
Source:
SL 2017 (SS), ch 1, §7, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-8 - List of nonmeandered lakes open for recreational use.

41-23-8. List of nonmeandered lakes open for recreational use.
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 Day County;
(4)North Scatterwood in Edmunds County;
(5)Three Buck in Hamlin County;
(6)Bullhead, Cattail-Kettle, and Opitz in Marshall County;
(7)Island South in McCook County;
(8)Keisz in McPherson County;
(9)Grass, Loss, Scott, and Twin in Minnehaha County;
(10)Twin in Sanborn County;
(11)Cottonwood and Mud in Spink County;
(12)Cottonwood in Sully County; and
(13)Dog Ear in Tripp County, South Dakota.
Source:
SL 2017 (SS), ch 1, §8, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-9 - Petition to restrict recreational use of listed nonmeandered lake.

41-23-9. Petition to restrict recreational use of listed nonmeandered lake.
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 the water overlying the owner's private property. The commission shall determine whether to grant, deny, or modify the petition. The commission shall consider privacy, safety, and substantially affected financial interests of the owner of the private property underlying the water, as well as history of use, water quality, water quantity, and the public's interest in recreational use of the water.
Source:
SL 2017 (SS), ch 1, §9, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-10 - Maximum term of lease or license.

41-23-10. Maximum term of lease or license.
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.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-11 - Limitation of liability of owner of property under lakes.

41-23-11. Limitation of liability of owner of property under lakes.
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 recreational use is not a criminal trespass.
Source:
SL 2017 (SS), ch 1, §11, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-12 - Promulgation of rules regarding marker standards.

41-23-12. Promulgation of rules regarding marker standards.
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), ch 1, §12, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-13 - Notification to department of restricted areas--Publication by department.

41-23-13. Notification to department of restricted areas--Publication by department.
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 applicable restrictions in any map, guide, mobile application, or website maintained by the state to assist the public in identifying each public hunting or fishing area.
Source:
SL 2017 (SS), ch 1, §13, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-14 - Right of ingress or egress on private property not created.

41-23-14. Right of ingress or egress on private property not created.
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. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-15 - Walking, wading, standing, or operating motor vehicle on bed of nonmeandered lake, or trapping or hunting on frozen surface without permission prohibited.

41-23-15. Walking, wading, standing, or operating motor vehicle on bed of nonmeandered lake, or trapping or hunting on frozen surface without permission prohibited.
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 waters of that portion of the nonmeandered lake.
Source:
SL 2017 (SS), ch 1, §15, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-16 - Petition to open portion of marked nonmeandered lake for transportation.

41-23-16. Petition to open portion of marked nonmeandered lake for transportation.
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 of the nonmeandered lake that is open for recreational use under the following conditions:
(1)The marked portion of the nonmeandered lake is directly between a point of legal public access and a portion of the nonmeandered lake open for recreational use; and
(2)There is no alternative legal public access or improved legal public access to the portion of the nonmeandered lake open for recreational use.
Source:
SL 2017 (SS), ch 1, §16, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-17 - Restrictions on portion of nonmeandered lake opened for transportation.

41-23-17. Restrictions on portion of nonmeandered lake opened for transportation.
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 interests of the owner of private property underlying the marked portion of the nonmeandered lake.
Source:
SL 2017 (SS), ch 1, §17, eff. June 12, 2017.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 23 - Recreational Use Of Nonmeandered Waters › Section 41-23-18 - Criminal trespass--Exceptions.

41-23-18. Criminal trespass--Exceptions.
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 game as authorized in §41-9-8 and subject to any affirmative defense set forth in §22-35-7. However, any contact between recreational equipment and private property underlying any nonmeandered lake incidental to a lawful recreational use is not a criminal trespass.
Source:
SL 2017 (SS), ch 1, §18, eff. June 12, 2017.