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 41-20A-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 […]
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 […]
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.
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.
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 […]