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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 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.