43-17-27. Marks previously determined not affected–Effect on pending proceedings for determination. The provisions of §§43-17-2, 43-17-20, 43-17-21, and 43-17-28 to 43-17-30, inclusive, do not affect any ordinary high or low water mark finally determined at law prior to March 2, 1985, the rights of ownership or use of any land bounded by an ordinary high […]
43-17-28. Persons who may request board determination–Jurisdiction of courts. The Water Management Board shall determine any ordinary high or low water mark upon receiving a written request from an owner or lessee of real property riparian to a public lake, from twenty-five electors of the state or from a person seeking to develop, with approval […]
43-17-29. Public rights in lake above high water mark. If any water level rises above the ordinary high water mark of a navigable lake, the right of the public to enjoyment of the entire lake may not be limited, except that access to the lake shall be by public right-of-way or by permission of the […]
43-17-3. Lands forming in bed of navigable stream or meandered lake belong to state–Exception. Islands and accumulations of lands formed in the beds of streams which are navigable and in meandered lakes belong to the state, if there is no title or prescription to the contrary. Source: CivC 1877, §586; CL 1887, §3209; RCivC 1903, […]
43-17-30. Powers of Department of Game, Fish and Parks. Nothing in §§43-17-2, 43-17-20, 43-17-21, and 43-17-27 to 43-17-29, inclusive, diminishes any power of the Department of Game, Fish and Parks to administer, control, or otherwise regulate any lands or interest in lands within its jurisdiction. Source: SL 1985, ch 337, §8.
43-17-31. Landowner’s right to deny public access to taxable property–Department to clearly mark certain inundated property–Exception. The provisions of §§43-17-2 and 43-17-29 notwithstanding, any landowner may deny public access to his taxable property, including inundated property if such property has been inundated for a period of at least three years, borders the water’s edge and […]
43-17-32. Landowner’s right to deny state agency use of taxable property–Conditions for public access–Exceptions. Any landowner may deny a state agency the use of his taxable property, including inundated property if such property has been inundated for a period of at least three years, borders the water’s edge and lies above the ordinary high water […]
43-17-33. Public access to private lands pursuant to §43-17-32–Identification of affected property by state agency. If public access to taxable private lands is allowed by a state agency pursuant to §43-17-32, the agency shall identify and mark the affected property in a manner that is plainly visible and understandable to a user of the property. […]
43-17-34. Navigable defined–Application of sections. A stream, or portion of a stream, is navigable if it can support a vessel capable of carrying one or more persons throughout the period between the first of May to the thirtieth of September, inclusive, in two out of every ten years. A dry draw, as defined in §46-1-6, […]
43-17-35. Fencing certain land on both sides of navigable stream permitted–Violation as misdemeanor. Any person who owns any tract of agricultural land on both sides of a navigable stream may, individually, fence such tract, or any persons who collectively own any tract of agricultural land on both sides of a navigable steam may, collectively, fence […]
43-17-36. Promulgation of rules for safe use of stream. The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish criteria, standards, and requirements for appropriate gates, switchbacks, or other devices that permit safe use of the stream and passage of boats, canoes, or other vessels, pedestrians, and snowmobiles in accordance with §43-17-35. […]
43-17-38. Gate or opening required in fence constructed across certain streams–Federally-navigable rivers–Public access–Violation as misdemeanor. A gate or opening constructed pursuant to §43-17-36 is required in any fence that may be constructed across any of the following streams or portions of such streams: (1)Big Sioux River from the Grant-Codington County boundary to a point five […]
43-17-4. Opposite banks of nonnavigable stream belonging to different persons–Stream and bed common to both. In all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both. Source: CivC 1877, §266; CL 1887, §2782; RCivC 1903, §289; RC 1919, §359; […]
43-17-40. Responsibility for construction and maintenance of gate or opening. The responsibility for construction and maintenance of any gate or opening required pursuant to §§43-17-35 and 43-17-36 in a fence across a stream that is navigable pursuant to §43-17-34 shall be shared equally among those persons who caused the fence to be constructed. Any liability […]
43-17-41. Liability for damage from fencing on both sides of navigable streams. No cause of action may arise against the owners, tenants, or lessees of any real estate for any injury to any person or death resulting therefrom or damage to property of the person in connection with the fencing of agricultural land on both […]
43-17-5. Accretions to bank of river or stream belong to owner of bank subject to existing right-of-way. Where from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the […]
43-17-6. Surveying and subdividing accretion lands–Permanency of uncontested boundaries. When any tract of accretion lands shall have been, or may hereafter be, surveyed and subdivided by a licensed surveyor and approved by the circuit court and the boundaries of the various riparian owners have been established and have remained uncontested for a period of six […]
43-17-7. Notice of survey of accretion lands–Consent of interested parties necessary. Before commencing any such survey, the surveyor shall give ten days’ notice, in writing by personal service upon all parties having an interest in such accretion lands, that each may be present at such survey if he so desires, and that no such survey […]
43-17-8. Plat of accretion lands by surveyor–Contents–Recording. The surveyor who makes such survey shall make a plat of such accretion lands, showing the acreage, the courses and distances, and the boundaries of all tracts, and record the same in the office of the register of deeds in the county in which the land is situated. […]
43-17-9. Attaching of additional land–Substitution of outer boundary of surveyed accretion land–Apportionment of new accreted land–Determination of boundary line. In the event additional lands shall thereafter become attached to such accretion land and subdivision of same, the outer boundary of the first surveyed accretion land shall be substituted and treated as though it were the […]
