Section 41-23-19 – Report to Executive Board of Legislative Research Council–Hearings.
41-23-19. Report to Executive Board of Legislative Research Council–Hearings. 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 […]
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 […]
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 […]
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 […]
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.
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 […]
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, […]
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 […]
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 […]
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 […]