ARTICLE 41:03
PARKS AND PUBLIC LANDS
Chapter
41:03:01 Uses of parks and public lands.
41:03:02 Motor vehicles on public lands.
41:03:03 Park license and trail use pass.
41:03:04 Camping permits and rules.
41:03:05 George S. Mickelson Trail user service fees.
41:03:06 Snowmobile state recreational trail user service fee.
CHAPTER 41:03:01
USES OF PARKS AND PUBLIC LANDS
Section
41:03:01:01 Unauthorized land use and entry on posted land prohibited.
41:03:01:01.01 Time restrictions for use of state park system and public lands.
41:03:01:01.02 Repealed.
41:03:01:01.03 Repealed.
41:03:01:01.04 Prohibited use of private lands leased for public hunting access.
41:03:01:02 Leaving of property on department land.
41:03:01:03 Repealed.
41:03:01:04 Permit required for certain organized events.
41:03:01:05 Destruction or removal of natural or cultural features prohibited -- Exception.
41:03:01:06 Repealed.
41:03:01:07 Commercial use prohibited.
41:03:01:08 Repealed.
41:03:01:09 Repealed.
41:03:01:10 Buildings, erection of signs, advertising, and fences prohibited.
41:03:01:11 Disturbance prohibited.
41:03:01:12 Superseded.
41:03:01:12.01 Repealed.
41:03:01:13 Pet prohibitions.
41:03:01:13.01 Repealed.
41:03:01:14 Horses and riding prohibited -- Exception.
41:03:01:15 Camping in the state park system allowed only in designated campgrounds -- Night limit.
41:03:01:16 Restrictions on use of firearms, air guns, crossbows, and bows in the state park system -- Exceptions.
41:03:01:16.01 Repealed.
41:03:01:16.02 Restrictions on use or possession of firearms on lake and fishing access areas and game production areas -- Exceptions.
41:03:01:16.03 Repealed.
41:03:01:16.04 Nontoxic shot areas for target shooting -- Exceptions.
41:03:01:16.05 Restrictions on use or possession of centerfire rifles on water access areas and game production areas.
41:03:01:17 Slingshots prohibited.
41:03:01:18 Repealed.
41:03:01:19 Limitation on tree stands, elevated platforms, and portable blinds.
41:03:01:20 Hiking off trails at Bear Butte without permission prohibited -- Exception.
41:03:01:21 Hang gliding prohibited.
41:03:01:22 Repealed.
41:03:01:23 Residential trash prohibited at department trash facilities.
41:03:01:24 Glass containers prohibited.
41:03:01:25 Jumping and diving at Palisades State Park, Custer State Park, Big Sioux Recreation Area, and Angostura Reservoir prohibited.
41:03:01:26 Use of certain rock climbing aids prohibited -- Exception.
41:03:01:27 Forage restrictions -- Custer State Park and Mickelson Trail.
41:03:01:28 Repealed.
41:03:01:29 Restrictions on use of metal detectors – Written authorization required.
41:03:01:30 Repealed.
41:03:01:31 Alcoholic beverage prohibited.
41:03:01:32 Repealed.
41:03:01:33 Repealed.
41:03:01:34 Repealed.
41:03:01:35 Bait stations prohibited.
41:03:01:36 Limitation on trail cameras.
41:03:01:37 Firewood prohibited.
41:03:01:01. Unauthorized land use and entry on posted land prohibited. A person may not enter, use, or occupy lands owned, leased, managed, or controlled by the department for any purpose that interferes with the management of the area or the authorized use of the area by others.
Source: SL 1975, ch 16, § 1; 2 SDR 10, effective August 7, 1975; 4 SDR 82, effective June 6, 1978; 8 SDR 85, effective January 18, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 148, effective March 6, 1995; 27 SDR 85, effective February 26, 2001; 46 SDR 74, effective December 2, 2019.
General Authority: 41-2-18(4), 41-17-1.1(1).
Law Implemented: 41-2-18(4), 41-17-1.1(1).
41:03:01:01.01. Time restrictions for use of state park system and public lands. Only persons utilizing the state park system for lawful fishing, hunting, trapping, snowmobiling, boating, or camping may enter, use, or occupy the state park system from 11:00 p.m. to 6:00 a.m. Only persons who are engaged in lawful fishing, hunting, trapping, or boating activities may enter, use, or occupy public shooting areas, game production areas, wildlife refuges, and water access areas from 11:00 p.m. to 6:00 a.m. The George Mickelson Trail may only be utilized for one half hour before sunrise to one half hour after sunset.
For the purposes of this section, Oahe Downstream Recreation Area, West Shore Lakeside Use Area, Chantier Creek Lakeside Use Area, Minneconjou Lakeside Use Area, and Foster Bay Lakeside Use Area north of Fort Pierre observe Central Time Zone.
Source: 21 SDR 148, effective March 6, 1995; 25 SDR 108, effective February 28, 1999; 46 SDR 74, effective December 2, 2019; 50 SDR 129, effective May 15, 2024.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1).
Law Implemented: SDCL 41-2-18, 41-17-1.1.
41:03:01:01.02. Time restrictions for use of state park system. Repealed.
Source: 21 SDR 148, effective March 6, 1995; 26 SDR 117, effective March 16, 2000; 43 SDR 31, effective September 14, 2016; 45 SDR 155, effective June 24, 2019; 46 SDR 74, effective December 2, 2019.
41:03:01:01.03. Time restrictions for use of public hunting areas and lake access areas. Repealed.
Source: 21 SDR 148, effective March 6, 1995; 27 SDR 13, effective August 27, 2000; 43 SDR 31, effective September 14, 2016; 46 SDR 74, effective December 2, 2019.
41:03:01:01.04. Prohibited use of private lands leased for public hunting access. No person may enter, use, or occupy private lands leased for public hunting access by the department, for any purpose other than hunting, without the permission of the landowner or any lessee of the land other than the department. A person may enter, use, or occupy these private lands leased by the department for the purposes of hunting, provided the person only travels on foot, unless otherwise authorized.
Source: 25 SDR 157, effective June 24, 1999; 31 SDR 21 effective August 23, 2004; 46 SDR 74, effective December 2, 2019; 50 SDR 129, effective May 15, 2024.
General Authority: SDCL 41-2-18(4).
Law Implemented: SDCL 41-2-18, 41-2-19.
41:03:01:02. Leaving of property on department land. A person may not leave any property after 11:00 p.m. on public lands owned, leased, managed, or controlled by the department or in the water adjoining the area unless that person is legally camped, lodged, or fishing, or the property is located in a leased space designated for the specified use of that property. A person may not leave any fish houses for more than five days on lands owned, leased, managed, or controlled by the department without written permission from an authorized representative of the department.
This section does not apply to legally placed tree stands, elevated platforms, portable blinds, trail cameras, or trapping equipment.
Source: SL 1975, ch 16, § 1; 7 SDR 103, effective May 14, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 20 SDR 150, effective March 23, 1994; 27 SDR 85, effective February 26, 2001; 42 SDR 146, effective May 5, 2016; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1).
Cross-Reference: Limitation on tree stands, § 41:03:01:19.
41:03:01:03. Destruction of property prohibited -- Signs.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.
41:03:01:04. Permit required for certain organized events. No person or organization may hold an event which charges an admission fee or registration fee or consists of over 50 people on lands owned, leased, managed, or controlled by the department without written permission from the secretary. An application to hold an event must be filed with the department no fewer than 15 days before the event.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 188, June 13, 1991; 27 SDR 85, effective February 26, 2001; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1), 42-8-54.
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1), 42-8-54.
41:03:01:05. Destruction or removal of natural or cultural features prohibited -- Exception. A person may not destroy, damage, or remove a living or dead tree, shrub, or vegetation; disturb any earth, rocks, minerals, natural formations, or cultural resources; or destroy, damage, or remove skulls or other parts of animal carcass located on lands owned or leased by the department without written permission from the secretary or a designated agent. However, a person participating in religious activities in Bear Butte State Park or on department land owned or leased adjacent to the Missouri River may use grasses and forbs taken from these lands for ceremonial purposes. For purposes of this rule, a cultural resource includes historic properties, archaeological resources, and Native American cultural items (including human remains, associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony, as defined in the Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. § 3001, as amended through February 2, 2009).
Source: SL 1975, ch 16, § 1; 6 SDR 96, effective April 1, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 23 SDR 142, effective March 17, 1997; 28 SDR 129, effective March 18, 2002; 35 SDR 253, effective May 13, 2009; 43 SDR 89, effective December 29, 2016.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1)(3).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1)(3).
41:03:01:06. Erection of signs -- Advertising -- Fences -- Prohibited. Repealed.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 39 SDR 10, effective August 1, 2012.
41:03:01:07. Commercial use prohibited. A person may not engage in or attempt to engage in agricultural or commercial activities, including selling or soliciting, on lands owned, leased, managed, or controlled by the department without written permission from the secretary.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 27 SDR 85, effective February 26, 2001; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1).
41:03:01:08. Docks prohibited. Repealed.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 33 SDR 225, effective June 25, 2007
41:03:01:09. Littering prohibited.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 8 SDR 85, effective January 18, 1982.
41:03:01:10. Buildings, erection of signs, advertising, and fences prohibited. No person may place, construct, erect, or occupy any improvement or building; post or erect signs; place or distribute advertising material; or erect a fence or barrier on lands owned, leased, managed, or controlled by the department without written permission from the secretary.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 27 SDR 85, effective February 26, 2001; 39 SDR 10, effective August 1, 2012; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1).
41:03:01:11. Disturbance prohibited. A person may not cause unreasonable disturbance in the vicinity of others on all public lands or waters owned, leased, managed, or controlled by the department.
Source: SL 1975, ch 16, § 1; 4 SDR 82, effective June 6, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 22 SDR 111, effective March 7, 1996; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4)(5), 41-17-1.1.
Law Implemented: SDCL 41-2-18(4)(5), 41-17-1.1.
41:03:01:12. Fires prohibited in state parks and recreation areas.Superseded by SDCL 41-16-6.
41:03:01:12.01. Removal of firewood prohibited.Repealed.
Source: 6 SDR 96, effective April 1, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 15 SDR 139, effective March 20, 1989.
41:03:01:13. Pet prohibitions. A person may not allow or possess any pet in the state park system except as provided in this section:
(1) From April first through September thirtieth, the pet must be under immediate control on a leash not more than ten feet long, or under immediate control and more than two hundred feet from other park users or designated camping areas;
(2) From October first through March thirty-first, leashes are not mandatory; however, the person shall keep the pet under immediate control;
(3) The person may not allow or possess any pet on the George S. Mickelson Trail unless the pet is under immediate control on a leash not more than ten feet long;
(4) The person may not allow any pet in an area within two hundred feet inland and two hundred feet outward from the water's edge in an area owned, leased, managed, or controlled by the department and designated as a public swimming zone or in an area posted for no pets;
(5) The person may not allow or possess any pet inside enclosed public buildings managed by the department in any state park, recreation area, nature area, or lakeside use area except:
(a) A person who requires the aid of a service animal;
(b) A person who has received prior approval of the park manager; or
(c) A pet possessed by a person who has paid the pet accommodation fee pursuant to § 41:03:04:03.02; or
(6) If the person maintains reasonable control of the dog, the person may allow or possess a dog that is not on a leash within a designated dog training area.
Notwithstanding these exceptions, no person may allow or possess a pet on the Summit Trail at Bear Butte State Park.
An exception applies only insofar as the person properly disposes of any pet waste left within the state park system.
Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 13 SDR 192, effective June 22, 1987; 16 SDR 135, effective February 18, 1990; 18 SDR 33, effective August 19, 1991; 19 SDR 82, effective December 7, 1992; 20 SDR 87, effective December 13, 1993; 20 SDR 150, effective March 23, 1994; 22 SDR 111, effective March 7, 1996; 26 SDR 117, effective March 16, 2000; 28 SDR 103, effective January 30, 2002; 39 SDR 32, effective September 5, 2012; 46 SDR 74, effective December 2, 2019; 49 SDR 89, effective May 1, 2023.
General Authority: SDCL 41-17-1.1(1)(4).
Law Implemented: SDCL 41-17-1.1.
Cross-Reference: Public water zoning, ch 41:04:02.
41:03:01:13.01. Training of dogs prohibited on public lands.Repealed.
Source: 1 SDR 66, effective April 1, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 139, effective March 21, 1991; repealed, 24 SDR 23, effective August 31, 1997.
41:03:01:14. Horses and riding prohibited -- Exception. No person may ride or allow horses on any land owned, leased, managed, or controlled by the department except on designated bridle trails, equestrian areas or as authorized by special permit issued by the secretary. A licensed deer hunter, in the unit for which the hunter is licensed, may use horses on any game production area adjacent to the Missouri River during the deer season. A person licensed to hunt deer or elk, or any person assisting in the removal of legally tagged deer and elk, may use horses on the Battle Mountain/Friendshuh game production area in Fall River and Custer counties during established deer and elk seasons.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 162, effective May 4, 1989; 34 SDR 279, effective May 14, 2008; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4)(5), 41-17-1.1.
Law Implemented: SDCL 41-2-18(4)(5), 41-17-1.1.
41:03:01:15. Camping in the state park system allowed only in designated campgrounds -- Night limit. A person may camp only in an area designated as a campground site. No person may camp at, nor may a camper unit occupy, a designated campground site in the state park system for more than 14 consecutive nights without written permission of a department representative. For the purposes of this chapter, the term "camper unit" has the same meaning as defined in § 41:03:04:01.
Source: SL 1975, ch 16, § 1; 6 SDR 96, effective April 1, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 148, effective March 6, 1995; 26 SDR 117, effective March 16, 2000; 32 SDR 109, effective December 27, 2005; 36 SDR 215, effective July 1, 2010; 45 SDR 155, effective June 24, 2019; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(1)(7).
Law Implemented: SDCL 41-17-1.1(1)(7).
41:03:01:16. Restrictions on use of firearms, air guns, crossbows, and bows in the state park system -- Exceptions. Uncased firearms, air guns, crossbows, and bows are prohibited in the state park system with the following exceptions:
(1) Uncased firearms, air guns, crossbows, and bows are permitted on designated rifle and archery ranges year-round and may be transported or carried uncased to and from ranges and boat ramps from designated parking areas;
(2) A firearm, air gun, crossbow, or bow legally transported in a motor vehicle, trailer camper, or boat, pursuant to state law, is considered cased for purposes of this section;
(3) Hunters licensed for the special Custer State Park hunting seasons may have uncased firearms, crossbows, and bows in Custer State Park during the season for which they are licensed;
(4) From September first through May thirty-first, uncased firearms, air guns, crossbows and bows are authorized for licensed hunters in all lakeside use areas, Shadehill Recreation Area, that portion of Oahe Downstream Recreation Area west of State Highway 1806, and any portion of a state park or recreation area that is designated open to hunting;
(5) From October first through April thirtieth, uncased firearms, air guns, crossbows, and bows are authorized for licensed hunters in the state park system during established hunting seasons with the following restrictions:
(a) Uncased firearms, air guns, crossbows, and bows are prohibited year-round in all established campgrounds, designated day-use areas, and at Beaver Creek Nature Area, Lake Herman State Park, Spring Creek Recreation Area, Spirit Mound Historic Prairie, that portion of Bear Butte State Park east of State Highway 79, that portion of Oahe Downstream Recreation Area east of State Highway 1806 except for a hunter who possesses a valid deer license for Unit WRD-58D as described in chapter 41:06:20 or a valid turkey license for Unit PST-58B as described in chapter 41:06:13, and Adams Homestead and Nature Preserve and Good Earth State Park, except for a resident hunter who possesses a valid archery deer license and an access permit, as described in chapter 41:06:22, or except for a resident hunter or a mentored hunter who possesses a valid archery spring turkey license and an access permit, as described in chapter 41:06:13;
(b) Only bows and crossbows are permitted in Big Sioux Recreation Area, the Forest Drive Unit of Richmond Lake Recreation Area, Palisades State Park, LaFramboise Island Nature Area, Chief White Crane Recreation Area, Clay County Recreation Area, Revheim Bay Recreation Area, and the mouth of Spearfish Canyon;
(c) Only shotguns using shot shells, crossbows, and bows are permitted in West Whitlock Recreation Area, West Pickerel Recreation Area, Mina Recreation Area, Okobojo Recreation Area, Farm Island Recreation Area, Angostura Recreation Area, Cow Creek State Recreation Area, Oakwood Lakes State Park, Newton Hills State Park, Rocky Point Recreation Area, Lake Poinsett Recreation Area, and the portions of North Point State Recreation Area that are situated to the west of 381st Avenue and north of 297th Street, west of 382nd Avenue and north of 297th Street and west of Prairie Dog Bay; and
(d) A person who possesses a valid turkey license for Unit PST-48A, as described in chapter 41:06:13, is permitted to have an uncased shotgun using shotshells, a crossbow, a bow, or a muzzleloading shotgun within the boundary of Sica Hollow State Park from the second Saturday of April through May thirty-first; and
(6) A person who is allowed to legally carry a concealed pistol may carry a concealed pistol at any time.
Source: SL 1975, ch 16, § 1; 2 SDR 10, effective August 7, 1975; 4 SDR 15, effective September 15, 1977; 6 SDR 60, effective December 18, 1979; 8 SDR 85, effective January 18, 1982; 9 SDR 30, effective September 13, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 125, effective February 6, 1986; 12 SDR 186, effective May 28, 1986; 13 SDR 26, effective September 10, 1986; 13 SDR 192, effective June 22, 1987; 16 SDR 44, effective September 13, 1989; 19 SDR 17, effective August 12, 1992; 20 SDR 150, effective March 23, 1994; 21 SDR 148, effective March 6, 1995; 22 SDR 188, effective July 10, 1996; 25 SDR 21, effective August 27, 1998; 25 SDR 108, effective February 28, 1999; 26 SDR 9, effective August 1, 1999; 27 SDR 49, effective November 16, 2000; 27 SDR 85, effective February 26, 2001; 28 SDR 48, effective October 10, 2001; 28 SDR 129, effective March 18, 2002; 29 SDR 160, effective June 3, 2003; 30 SDR 99, effective December 22, 2003; 31 SDR 62, effective November 4, 2004; 31 SDR 213, effective July 4, 2005; 32 SDR 183, effective May 9, 2006; 32 SDR 225, effective July 3, 2006; 33 SDR 180, effective May 7, 2007; 34 SDR 199, effective January 28, 2008; 34 SDR 332, effective July 7, 2008; 35 SDR 306, effective July 2, 2009; 36 SDR 112, effective January 11, 2010; 39 SDR 10, effective August 1, 2012; 39 SDR 120, effective January 9, 2013; 40 SDR 121, effective January 6, 2014; 41 SDR 34, effective September 2, 2014; 41 SDR 173, effective May 11, 2015; 44 SDR 151, effective April 30, 2018; 45 SDR 89, effective December 31, 2018; 46 SDR 11, effective July 29, 2019; 46 SDR 74, effective December 2, 2019; 47 SDR 38, effective October 6, 2020; 49 SDR 46, effective November 21, 2022; 49 SDR 89, effective May 1, 2023.
General Authority: SDCL 41-17-1.1(1)(8).
Law Implemented: SDCL 41-17-1.1.
41:03:01:16.01. Uncased .22 caliber rimfire firearms prohibited -- Exceptions. Repealed.
Source: 8 SDR 85, effective January 18, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 22 SDR 111, effective March 7, 1996; 30 SDR 99, effective December 22, 2003; 45 SDR 155, effective June 24, 2019.
41:03:01:16.02. Restrictions on use or possession of firearms on water access areas and game production areas -- Exceptions. Uncased firearms are prohibited in the following areas:
(1) East Pelican Water Access Area in Codington County;
(2) That portion of the Beilage Game Production Area north of Christensen Drive located in sections 24 and 25, township 6 north, range 2 east, in Lawrence County;
(3) Hazel's Haven Water Access Area in Moody County;
(4) That portion of the Marcotte Game Production Area in section 16, township 5 north, range 5 east in Meade County;
(5) Kelley's Cove Water Access Area in Yankton County;
(6) Highway 38/James River Water Access Area in Davison County;
(7) New Underwood Lake Access Area in Pennington County except any licensed hunter while lawfully engaged in hunting;
(8) Rollings Game Production Area in Lincoln County except any licensed hunter, using a shotgun with shotshells only, while hunting small game or wild turkey during an open season and any person using a firearm on the shooting range located on the game production area when the range is open; and
(9) Lake Henry Water Access Area in Bon Homme County except any licensed hunter, using a shotgun with shotshells only, while hunting small game or wild turkey during an open season.
Only shotguns using shot shells, crossbows, and bows are permitted on lands owned by the Otter Tail Power Company and leased by the department as a game production area in Grant County and the Lake Andes Unit's game production areas in Charles Mix County.
Source: 13 SDR 192, effective June 22, 1987; 19 SDR 128, effective March 9, 1993; 22 SDR 155, effective May 22, 1996; 25 SDR 43, effective September 28, 1998; 26 SDR 21, effective August 23, 1999; 26 SDR 85, effective December 26, 1999; 29 SDR 21, effective August 26, 2002; 30 SDR 115, effective February 4, 2004; 31 SDR 21, effective August 23, 2004; 32 SDR 31, effective August 29, 2005; 33 SDR 180, effective May 7, 2007; 36 SDR 39, effective September 23, 2009; 37 SDR 215, effective May 31, 2011; 41 SDR 34, effective September 2, 2014; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(8).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(8).
41:03:01:16.03. Discharge of firearms, air guns, crossbows and bows on George S. Mickelson Trail prohibited. Repealed.
Source: 20 SDR 87, effective December 13, 1993; 46 SDR 11, effective July 29, 2019; 46 SDR 74, effective December 2, 2019.
41:03:01:16.04. Nontoxic shot areas for target shooting -- Exceptions. With the exception of those areas posted by the department as exempt from this section, the use of nontoxic shot is required for all target shooting with shotguns on all state game production areas, water access areas, state park system areas, United States Army Corps of Engineers Wildlife Production Areas managed by the department, and United States Bureau of Reclamation Wildlife Production Areas managed by the department.
Source: 23 SDR 70, effective November 14, 1996; 25 SDR 108, effective February 28, 1999; 27 SDR 13, effective August 27, 2000; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(1)(4), 41-17-1.1(1).
Law Implemented: SDCL 41-2-18(1)(4), 41-17-1.1(1).
41:03:01:16.05. Restrictions on use or possession of centerfire rifles on water access areas and game production areas. Centerfire rifles are prohibited in the following areas:
(1) Lechtenberg Game Production Area in Hand County; and
(2) Cottonwood Lake Hatchery State Game Bird Refuge in Spink County.
Source: 33 SDR 180, effective May 7, 2007; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(8).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(8).
41:03:01:17. Slingshots prohibited. A person may not use a slingshot in the state park system.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 22 SDR 111, effective March 7, 1996; 46 SDR 11, effective July 29, 2019; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(1).
Law Implemented: SDCL 41-17-1.1(1).
41:03:01:18. Authorization for contrary use to be in writing.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.
41:03:01:19. Limitation on tree stands, elevated platforms, and portable blinds. Construction or use of permanent tree stands, permanent blinds, and climbing devices is prohibited on public lands owned, leased, managed, or controlled by the department and on all private lands leased for public hunting access by the department. Portable tree stands, portable blinds, and climbing devices that do not utilize nails, wire, or bolts for attachment are allowed from August first through March thirty-first. Portable blinds may be used during the spring turkey seasons established in chapters 41:06:13 and 41:06:15, by licensed spring turkey hunters. One screw-in "T" may be used to stabilize a tree stand. Removable screw-in steps may be used to access a tree stand. The name and address, or customer identification number of the owner or user must be on the exterior of an unoccupied portable blind or tree stand and legible from the ground on a tree stand. Other elevated platform devices that are not attached to a tree must meet the requirements of this rule for permitted dates and for labeling if left overnight or unattended.
Source: 8 SDR 162, effective June 10, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 193, effective June 20, 1989; 17 SDR 12, effective July 31, 1990; 27 SDR 126, effective June 6, 2001; 28 SDR 44, effective October 3, 2001; 29 SDR 160, effective June 3, 2003; 33 SDR 43, effective September 18, 2006; 42 SDR 146, effective May 5, 2016; 45 SDR 155, effective June 24, 2019; 46 SDR 74, effective December 2, 2019; 50 SDR 129, effective May 15, 2024.
General Authority: SDCL 41-2-18(4)(14), 41-17-1.1(1)(3).
Law Implemented: SDCL 41-2-18(14), 41-17-1.1(3).
41:03:01:20. Hiking off trails at Bear Butte without permission prohibited -- Exception. No person may hike off designated trails above the elevation of the trailhead parking lot at Bear Butte State Park. A person who has written permission from the secretary or a person who is participating in religious activities is exempt from this section. If conditions exist that make the hiking trails impassable, the park manager may close the trails to public use.
Source: 10 SDR 76, 10 SDR 102, effective July 1, 1984; 23 SDR 142, effective March 17, 1997; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(1)(3).
Law Implemented: SDCL 41-17-1.1(1)(3).
41:03:01:22. Use of forest products. Repealed.
Source: 11 SDR 172, effective June 27, 1985; repealed, 39 SDR 10, effective August 1, 2012.
41:03:01:23. Residential trash prohibited at department trash facilities. No person may take residential garbage and deposit it in, around, or on top of trash receptacles located on public lands owned, leased, managed, or controlled by the department.
Source: 12 SDR 186, effective May 28, 1986; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1).
Cross-Reference: Littering from motor vehicle prohibited -- Transporting litter to highway or rest area receptacles prohibited, SDCL 34A-7-7.
41:03:01:24. Glass containers prohibited. A person may not possess glass containers within 200 feet inland and 200 feet outward from the water's edge within an area owned, leased, managed, or controlled by the department and designated as a "public swimming zone" or in an area posted as "no glass containers."
Source: 16 SDR 114, effective January 18, 1990; 27 SDR 85, effective February 26, 2001; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1).
Cross-Reference: Public water zoning, ch 41:04:02.
41:03:01:25. Jumping and diving at Palisades State Park, Custer State Park, Big Sioux Recreation Area, and Angostura Reservoir prohibited, A person may not jump or dive from cliffs, rock formations, or bridges into the waters of:
(1) That portion of the Split Rock Creek which lies within the boundaries of Palisades State Park;
(2) Sylvan Lake, Center Lake, Legion Lake, and Stockade Lake within the boundaries of Custer State Park;
(3) The Big Sioux River which lies within the boundaries of the Big Sioux Recreation Area; or
(4) Angostura Reservoir.
Source: 18 SDR 79, effective November 6, 1991; 22 SDR 111, effective March 7, 1996; 37 SDR 182, effective April 20, 2011; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(1).
Law Implemented: SDCL 41-17-1.1(1).
41:03:01:26. Use of certain rock climbing aids prohibited -- Exception. A person may not use fixed anchors or other artificial climbing aids, such as pitons, bolts, or rivets, that require placement by drilling, chipping, gluing, or hammering into rock formations within the state park system, except in Custer State Park.
Source: 21 SDR 207, effective June 5, 1995; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(1)(3).
Law Implemented: SDCL 41-17-1.1(1)(3).
41:03:01:27. Forage restrictions -- Custer State Park and Mickelson Trail. A person may not transport or possess any forage used to feed recreational livestock while in Custer State Park or on the Mickelson Trail unless the forage is attached to a tag or seal issued through the Department of Agriculture and Natural Resources or another state that certifies the forage to be free of nonnative plant species regulated pursuant to § 12:51:03:01.
Source: 23 SDR 87, effective December 3, 1996; 46 SDR 74, effective December 2, 2019; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 41-17-1.1(3).
Law Implemented: SDCL 41-17-1.1(3).
41:03:01:28. Restricted use of dam at East Vermillion Lake. Repealed.
Source: 24 SDR 99, effective February 2, 1998; repealed, 39 SDR 10, effective August 1, 2012.
41:03:01:29. Restrictions on use of metal detectors -- Written authorization required. No person may use a metal detector on lands owned, leased, managed, or controlled by the department without written authorization from a department representative. Written authorization may include conditions for permitted use specific to the applicable area.
Source: 25 SDR 108, effective February 28, 1999; 29 SDR 147, effective May 6, 2003; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1)(3)(6).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1)(3)(6).
41:03:01:30. Bicycle use restricted to roads, campgrounds, picnic areas, and designated trails. Repealed.
Source: 26 SDR 117, effective March 16, 2000; 43 SDR 31, effective September 14, 2016.
41:03:01:31. Alcoholic beverage prohibited. No person may consume or possess any alcoholic beverage when entering, using, or occupying:
(1) An area 200 feet inland and 200 feet outward from the water's edge of the area at Lake Alvin Recreation Area from a point due south of the west corner of the beach parking lot and extending approximately 500 feet westerly and approximately 300 feet easterly;
(2) An area lying east of State Highway 79 in Bear Butte State Park;
(3) Bolton Game Production Area located in Union County; or
(4) Hunter Quarry Water Access Area.
Source: 27 SDR 85, effective February 26, 2001; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1).
41:03:01:32. Alcoholic beverage prohibited at Bear Butte State Park. Repealed.
Source: 29 SDR 29, effective September 8, 2002; 46 SDR 74, effective December 2, 2019.
41:03:01:33. Leaving of human remains at Bear Butte State Park prohibited. Repealed.
Source: 29 SDR 29, effective September 8, 2002; 46 SDR 74, effective December 2, 2019.
41:03:01:34. Hunter Quarry Lake and Fishing Access Area -- Entry or use prohibited -- Exceptions. Repealed.
Source: 30 SDR 40, effective October 1, 2003; 46 SDR 74, effective December 2, 2019.
41:03:01:35. Bait stations prohibited. No person may establish, utilize, or maintain a bait station, as defined in § 41:06:04:03, on public lands owned, leased, managed, or controlled by the department and on all private lands leased for public hunting by the department.
Source: 40 SDR 197, effective May 27, 2014; 46 SDR 74, effective December 2, 2019; 50 SDR 129, effective May 15, 2024.
General Authority: SDCL 41-2-18(1)(2)(4)(14), 41-17-1.1(1)(3).
Law Implemented: SDCL 41-2-18(1)(2)(14), 41-17-1.1(3).
41:03:01:36. Limitation on trail cameras. Any trail camera placed on public lands owned, leased, managed, or controlled by the department may be attached to a tree, post, or other structure by utilizing no more than one nail, bolt, or screw. The name and address or customer identification number of the owner or user must be on the exterior of an unattended trail camera. Trail cameras are prohibited, without the permission of the landowner or lessee, on all private lands leased by the department.
For the purposes of this section, "trail camera" means a remotely activated device set to capture photos, video, sound, or other evidence of activity while the user is absent from the location.
Source: 42 SDR 146, effective May 5, 2016; 46 SDR 74, effective December 2, 2019; 50 SDR 129, effective May 15, 2024.
General Authority: SDCL 41-2-18(4)(14), 41-17-1.1(1)(3).
Law Implemented: SDCL 41-2-18(14), 41-17-1.1(3).
41:03:01:37. Firewood prohibited. No person may bring firewood into the state park system that has been in an emerald ash borer quarantined area as designated by the Department of Agriculture and Natural Resources or has been in a state other than this state, unless the firewood has a label affixed certifying it has been treated for emerald ash borer.
Source: 44 SDR 192, effective June 11, 2018; 45 SDR 30, effective September 10, 2018; 46 SDR 74, effective December 2, 2019; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 41-15-10.1(2).
Law Implemented: SDCL 41-15-10.1(2), 38-24A-2, 38-24A-4.
CHAPTER 41:03:02
MOTOR VEHICLES ON PUBLIC LANDS
Section
41:03:02:01 Driving off roads prohibited -- Exception.
41:03:02:02 Traffic signs and markings on department lands.
41:03:02:03 Repealed.
41:03:02:04 Repealed.
41:03:02:05 Exhibition driving prohibited.
41:03:02:06 Repealed.
41:03:02:07 Repealed.
41:03:02:08 Repealed.
41:03:02:09 Repealed.
41:03:02:10 Repealed.
41:03:02:11 Repealed.
41:03:02:12 Repealed.
41:03:02:13 Restrictions on motor vehicles -- Exceptions.
41:03:02:01. Driving off roads prohibited -- Exception. No person may operate a motor vehicle, as defined in SDCL 41-1-1, except on designated roads and parking areas or on trails designated for a specific type of travel on lands owned, leased, managed, or controlled by the department.
Source: SL 1975, ch 16, § 1; 3 SDR 87, effective June 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1).
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1).
41:03:02:02. Traffic signs and markings on department lands. No person may operate a motor vehicle, as defined in SDCL 41-1-1, in violation of traffic or parking signs or markings on lands owned, leased, managed, or controlled by the department.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 16 SDR 135, effective February 18, 1990; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(1), 41-2-18(4).
Law Implemented: SDCL 41-17-1.1(1), 41-2-18(4).
41:03:02:03. Certain vehicles prohibited except on designated roads or trails -- Exceptions.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.
41:03:02:04. Disobedience of traffic signs prohibited.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.
41:03:02:05. Exhibition driving prohibited. No person may operate a motor vehicle, as defined by SDCL 41-1-1, in a manner that causes unnecessary engine noise, tire squeal, skid, or slide upon acceleration or stopping or unnecessary turning, swaying, or erratic movement of the vehicle on lands owned, leased, managed, or controlled by the department.
Source: SL 1975, ch 16, § 1; 2 SDR 74, effective May 18, 1976; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1.
Law Implemented: SDCL 41-2-18(4), 41-17-1.1.
41:03:02:06. Night driving prohibited on Custer State Park roads -- Exceptions.Repealed.
Source: SL 1975, ch 16, § 1; 7 SDR 15, effective August 25, 1980; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.
41:03:02:07. Obedience to yield signs required -- Pedestrian has right-of-way. Repealed.
Source: 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
41:03:02:08. Passing stopped vehicle prohibited.Repealed.
Source: 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 21 SDR 148, effective March 6, 1995.
41:03:02:09. Obedience to stop signs required. Repealed.
Source: 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
41:03:02:10. Obedience to one-way road signs required. Repealed.
Source: 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
41:03:02:11. Parking in no parking zones prohibited. Repealed.
Source: 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
41:03:02:12. Parking in handicapped space restricted. Repealed.
Source: 21 SDR 219, effective June 26, 1995; 46 SDR 74, effective December 2, 2019.
41:03:02:13. Restrictions on motor vehicles -- Exceptions. No person may operate nor allow another person to operate a motor vehicle, as defined in SDCL 41-1-1, on any road or parking area within public lands owned, leased, managed, or controlled by the department, unless the vehicle displays a valid license plate with the following exceptions:
(1) Any golf cart having headlamp, stop lamp, and rearview mirror that meets the requirements of SDCL 32-15-8, 32-17-8.1, and 32-17-24.1 and for which the operator can provide proof of insurance coverage by one of the methods provided by SDCL 32-35-113; and
(2) Any combustion-engine-powered moped or scooter having a maximum engine displacement of 50cc.
A person may operate a golf cart that does not display a valid license plate on any road or parking area within a state park or recreation area except on any road with a posted speed limit of more than 35 miles per hour. A person may not operate a golf cart that does not display a valid license plate in Custer State Park, except on any road or parking area within a campground.
Source: 40 SDR 14, effective July 29, 2013; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(4), 41-17-1.1(1)(5), 41-17-28.
Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1)(5), 41-17-28.
CHAPTER 41:03:03
PARK LICENSE AND TRAIL USE PASS
Section
41:03:03:01 Repealed.
41:03:03:02 Display of park entrance license.
41:03:03:03 Park entrance license required for admission to state parks and certain recreation areas and lakeside use areas.
41:03:03:03.01 Park entrance license exemptions.
41:03:03:03.02 Open house park entrance license exemption, Repealed.
41:03:03:03.03 Repealed.
41:03:03:04 Time limits on daily license.
41:03:03:05 Limitations on half-price annual park entrance license, Repealed.
41:03:03:06 Park entrance license fees.
41:03:03:06.01 Annual park entrance license and annual trail use pass validity and expiration date.
41:03:03:07 Repealed.
41:03:03:08 Fees for special events.
41:03:03:01. Park season. Repealed.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 78, effective October 1, 1991; repealed, 38 SDR 101, effective December 5, 2011.
41:03:03:02. Display of park entrance license. A park entrance license must be affixed to the lower right-hand corner of the motor vehicle windshield by applying the adhesive backing of the license directly to the inside of the windshield. A park entrance license may not be transferred from one motor vehicle to another. Unless otherwise directed by a department representative, the operator of a motorcycle, moped, scooter, all-terrain vehicle, or golf cart must have the park entrance license affixed by applying the adhesive backing of the license directly to the motor vehicle or have the motor vehicle license or serial number visibly recorded with permanent marker on the face of the park entrance license and available for inspection at all times while in a park area requiring a park entrance license fee.
When the motor vehicle is not in operation, the transferable park entrance license must be conspicuously hung on the rearview mirror of the motor vehicle. When the motor vehicle is in operation in a park, the transferable park license must be placed where it is visible on the dash of the motor vehicle. As an alternative to the above, the operator of a motorcycle, moped, scooter, all-terrain vehicle, or golf cart shall make the transferable park entrance license available to park staff for inspection upon request.
Source: SL 1975, ch 16, § 1; 7 SDR 103, effective May 14, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 20 SDR 150, effective March 23, 1994; 25 SDR 108, effective February 28, 1999; 40 SDR 14, effective July 29, 2013.
General Authority: SDCL 41-17-1.1(1)(2), 41-17-28
Law Implemented: SDCL 41-17-1.1(1)(2), 41-17-13, 41-17-13.2, 41-17-28.
Cross-Reference: Objects dangling between driver and windshield is petty offense, SDCL 32-15-6.
41:03:03:03. Park entrance license required for admission to state parks and certain recreation areas and lakeside use areas. The operator or registered owner of a motor vehicle, as defined in SDCL 41-1-1, must have a valid annual or daily park entrance license affixed to the motor vehicle as required in § 41:03:03:02 to enter or occupy any:
(1) State park;
(2) State recreation area listed in this section; or
(3) Lakeside use area listed in this setction;
unless the motor vehicle has affixed to it a valid annual or daily park entrance license as required in § 41:03:03:02.
Persons participating in religious activities in Bear Butte State Park and persons on snowmobiles are exempt from this requirement.
The following state recreation areas and lakeside use areas require a valid park entrance license: Sandy Shore; Pelican Lake; Pickerel Lake; Lake Cochrane; Richmond Lake; Mina Lake; Lake Thompson; Lake Vermillion; Snake Creek; Platte Creek; Lake Alvin; Lewis and Clark Recreation Area, except for the area designated as the marina restaurant parking lot; Angostura, including Shep's Canyon; Shadehill; Big Sioux; Llewellyn Johns; Farm Island; Lake Louise; West Bend; Walker's Point; Lake Poinsett; Swan Creek; Lake Hiddenwood; Bush's Landing; Little Bend; East Whitlocks; West Whitlocks; Chief White Crane; Pierson Ranch; North Point; Pease Creek/Kamp Koda; North Wheeler; East Shore; Spring Creek; Cow Creek; Okobojo Point; Walth Bay; Indian Creek; Revheim Bay; Randall Creek; Oahe Downstream; Whetstone Bay; Lake Oahe West Shore; Fort Randall South Shore; Buryanek; Pollock; Bob's Landing; Rocky Point; Springfield; and Fort Randall Spillway.
Source: 2 SDR 74, effective May 18, 1976; 9 SDR 147, effective May 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 10 SDR 148, effective July 11, 1984; 13 SDR 128, effective March 22, 1987; 14 SDR 114, effective March 9, 1988; 14 SDR 164, effective June 16, 1988; 17 SDR 78, effective December 10, 1990; 17 SDR 139, effective March 21, 1991; 20 SDR 87, effective December 13, 1993; 21 SDR 14, effective August 3, 1994; 21 SDR 102, effective December 8, 1994; 21 SDR 207, effective June 5, 1995; 23 SDR 197, effective May 27, 1997; 25 SDR 141, effective May 27, 1999; 25 SDR 157, effective June 24, 1999; 27 SDR 49, effective November 16, 2000; 28 SDR 103, effective January 30, 2002; 28 SDR 166, effective June 4, 2002; 32 SDR 31, effective August 29, 2005; 32 SDR 109, effective December 27, 2005; 33 SDR 180, effective May 7, 2007; 35 SDR 306, effective July 2, 2009; 39 SDR 32, effective September 5, 2012; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-38, 41-17-1.1(1)(2), 41-17-13.
Law Implemented: SDCL 41-2-38, 41-17-1.1(1)(2), 41-17-13, 41-17-13.2.
41:03:03:03.01. Park entrance license exemptions. Park entrance license exemptions are as follows:
(1) A person who enters a state park or state recreation area in volunteer service to the park or as a volunteer worker with an assigned role at an event requiring a special permit pursuant to § 41:03:01:04 is exempt from payment of the daily park entrance license fee, if the person has received a special free park entrance license from the secretary;
(2) A park entrance license is not required at Custer State Park on the day of the fall buffalo roundup or on the day of the annual buffalo auction;
(3) A recreational motorhome towing one other vehicle is considered one unit and requires only one park entrance license. The second vehicle must be issued a free park entrance license that is dated to expire on the last day of the visitor's stay;
(4) Enrolled Crow Creek tribal members and their families are not required to purchase a park entrance license to enter the West Bend Recreational Area;
(5) Enrolled Yankton Sioux tribal members and their families are not required to purchase a park entrance license to enter the North Point Recreation Area, the Fort Randall South Shore Recreation Area, the Randall Creek Recreation Area, or the Fort Randall Spillway Lakeside Use Area;
(6) A resident nonprofit youth group that enters a state park or state recreation area is not required to purchase a park entrance license, if the group obtains an approved nonprofit youth group permit from the park manager before entering the park. The park manager shall issue a special free park entrance license for any vehicle used by the youth group. The nonprofit youth group shall obtain the permit at least five days prior to entering the park;
(7) Members and guests of a South Dakota veterans organization or group, members of the South Dakota National Guard or a military reserve unit and their guests, and patients currently admitted to a veterans hospital in this state and their attendants, who enter a state park or state recreation area for a non-competitive special event that is hosted by the organization, group, unit, or hospital, are not required to purchase a park entrance license, if an approved special event permit has been obtained from the park manger at least five days before the special event. The park manager shall issue a special free park entrance license for any vehicle used by a participant of the approved non-competitive special event; and
(8) A park entrance license is not required at any state park, recreation area, or lakeside use area from 6:00 a.m. on Friday through 11:00 p.m. on Sunday of the weekend in May preceding Memorial Day weekend.
A resident of this state who is entitled to a free lifetime park entrance license as provided in SDCL 41-17-13.4 shall fill out a form provided by the Division of Parks and Recreation and mail it to the Pierre office with a photocopy of the veteran's "K" award or a letter from the Veteran's Administration indicating that the veteran receives an allotment for total disability, which is deemed a service-connected injury, or that the veteran was held as a prisoner of war. The lifetime park entrance license allows the licensee and any passenger accompanying the licensee in the vehicle to enter any South Dakota state park, state recreation area, or lakeside use area, which requires a park entrance license.
Source: 11 SDR 22, effective August 9, 1984; 17 SDR 188, effective June 13, 1991, and July 1, 1991; 18 SDR 223, effective July 13, 1992; 19 SDR 128, effective March 9, 1993; 19 SDR 190, effective June 15, 1993; 20 SDR 150, effective March 23, 1994; 21 SDR 207, effective June 5, 1995; 23 SDR 87, effective December 3, 1996; 24 SDR 99, effective February 2, 1998; 27 SDR 13, effective August 27, 2000; 28 SDR 24, effective August 28, 2001; 28 SDR 103, effective January 30, 2002; 29 SDR 107, effective February 3, 2003; 31 SDR 39, effective September 23, 2004; 31 SDR 89, effective December 27, 2004; 31 SDR 191, effective June, 7, 2005; 32 SDR 183, effective May 9, 2006; 32 SDR 225, effective July 3, 2006; 33 SDR 225, effective June 25, 2007; 36 SDR 39, effective September 23, 2009; 40 SDR 14, effective July 29, 2013; 43 SDR 131, effective April 19, 2017; 45 SDR 155, effective June 24, 2019; 46 SDR 74, effective December 2, 2019; 47 SDR 27, effective September 15, 2020; 50 SDR 62, effective November 27, 2023.
General Authority: SDCL 41-17-1.1(2)(10), 41-17-13, 41-17-13.4.
Law Implemented: SDCL 41-17-1.1, 41-17-13, 41-17-13.2, 41-17-13.4.
41:03:03:03.02. Open house park entrance license exemption. Repealed.
Source: 11 SDR 133, effective April 7, 1985; 12 SDR 102, effective December 22, 1985; 13 SDR 68, effective December 11, 1986; 14 SDR 114, effective March 9, 1988; 15 SDR 139, effective March 20, 1989; 18 SDR 98, effective December 12, 1991; 19 SDR 128, effective March 9, 1993; 29 SDR 80, effective December 10, 2002; 46 SDR 74, effective December 2, 2019; 50 SDR 62, effective November 27, 2023.
41:03:03:03.03. Park entrance license not required. Repealed.
Source: 43 SDR 131, effective April 19, 2017; 46 SDR 74, effective December 2, 2019.
41:03:03:04. Time limits on daily license. A park entrance license for which a daily fee is paid expires on the day of purchase at 11:00 p.m. A license purchased by registered overnight campers and lodge patrons expires at 4:00 p.m. on the following day in all state parks and recreation areas.
Source: 4 SDR 82, effective June 6, 1978; 8 SDR 85, effective January 18, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 69, effective November 21, 1984; 12 SDR 151, effective March 16, 1986; 16 SDR 114, effective January 18, 1990; 20 SDR 150, effective March 23, 1994; 26 SDR 117, effective March 16, 2000; 45 SDR 155, effective June 24, 2019; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(1).
Law Implemented: SDCL 41-17-1.1(1), 41-17-13, 41-17-13.2.
41:03:03:05. Limitations on half-price annual park entrance license. Repealed.
Source: 10 SDR 120, effective May 16, 1984; 17 SDR 188, effective July 1, 1991; 46 SDR 74, effective December 2, 2019; 51 SDR 13, effective August 14, 2024.
41:03:03:06. Park entrance license fees. Park entrance license fees are as follows:
(1) The fee for an annual park entrance license for a resident is forty dollars. For a nonresident, the fee is sixty dollars;
(2) The fee for two annual park entrance licenses, if purchased together, is sixty dollars for residents. For nonresidents, the fee is ninety dollars;
(3) The fee for a transferable annual park entrance license for a resident is ninety dollars;
(4) The temporary park entrance license fee at Custer State Park is twenty-five dollars for a vehicle or twenty dollars for a motorcycle, and is valid in any state park or recreation area for seven consecutive days from the date of purchase;
(5) Except at Custer State Park, the daily park entrance license fee is ten dollars per vehicle for residents, and fifteen dollars for nonresidents;
(6) For a vehicle that does not have a valid park entrance license displayed as required in § 41:03:03:02, the operator or the registered owner of the vehicle shall pay twenty dollars for a daily park entrance license for each day the vehicle is in the park, except at Custer State Park where the fee is twenty-five dollars. The operator or registered owner may apply the entire amount of the cost of the daily park entrance license toward the purchase of an annual park entrance license;
(7) In lieu of the annual, daily, or temporary park entrance license fee, each person, except the driver and step-on guide, occupying a commercial motorcoach with a seating capacity of eight people or more in any state park or recreation area, must pay a park entrance license fee of four dollars per person per day; and
(8) Any group or organization that hosts a private, one-day event at any state park or recreation area may pay, in lieu of any other park entrance license fee, a special one-day events park entrance license fee of one hundred dollars for each increment of fifty attendees, or any portion thereof. The fee is payable in advance and no partial refunds may be given. The fee does not extend overnight. One-day events must have written consent of the park manager at least fifteen days prior to the event. Organized or hosted special one-day events are limited to weddings, wedding receptions, meetings, class or family reunions, corporate or organizational picnics, and banquets.
Source: 10 SDR 120, effective May 16, 1984; 11 SDR 69, effective November 21, 1984; 12 SDR 151, effective March 16, 1986; 13 SDR 128, effective March 22, 1987; 15 SDR 139, effective March 20, 1989; 16 SDR 114, effective January 18, 1990; 16 SDR 135, effective February 18, 1990; 17 SDR 78, effective December 10, 1990; 17 SDR 170, effective May 14, 1991; 18 SDR 223, effective July 13, 1992; 19 SDR 82, effective December 7, 1992; 20 SDR 87, effective December 13, 1993; 20 SDR 150, effective March 23, 1994; 21 SDR 86, effective November 10, 1994, and May 1, 1995; 22 SDR 89, effective December 26, 1995; 25 SDR 108, effective February 28, 1999; 26 SDR 85, effective December 26, 1999; subdivision (5), adopted December 26, 1999, effective May 1, 2000; 26 SDR 162, effective June 14, 2000; 27 SDR 85, effective February 26, 2001; 28 SDR 103, effective January 30, 2002; 29 SDR 147, effective May 6, 2003; 30 SDR 99, effective December 22, 2003; 32 SDR 31, effective August 29, 2005; 33 SDR 225, effective June 25, 2007; 34 SDR 179, effective December 24, 2007; 35 SDR 184, effective February 2, 2009; 36 SDR 112, effective January 11, 2010; 37 SDR 112, effective December 8, 2010; 38 SDR 213, effective June 19, 2012; 39 SDR 100, effective December 3, 2012; 42 SDR 97, effective January 5, 2016; 44 SDR 93, effective December 4, 2017; 46 SDR 74, effective December 2, 2019; 51 SDR 13, effective August 14, 2024; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 41-17-13.
Law Implemented: SDCL 41-17-13.
41:03:03:06.01. Annual park entrance license and annual trail use pass validity and expiration date. The annual park entrance license and annual trail use pass are valid:
(1) From the date of sale through December 31 of the calendar year preceding that for which they are designated;
(2) During the calendar year for which they are designated; and
(3) From January 1 through the Sunday that precedes Memorial Day weekend during the calendar year immediately following that for which they are designated.
Source: 17 SDR 78, effective October 1, 1991; 20 SDR 150, effective March 23, 1994; 39 SDR 10, effective August 1, 2012; 48 SDR 60, effective December 8, 2021.
General Authority: SDCL 41-17-1.1(2)(7).
Law Implemented: SDCL 41-17-1.1(2), 41-17-13.
41:03:03:07. Time
limits on temporary license. Repealed.
Source: 11 SDR 69, effective November
21, 1984; 13 SDR 128, effective March 22, 1987; 19 SDR 82, effective December
7, 1992; 21 SDR 86, effective November 10, 1994; repealed, 38 SDR 101, effective
December 5, 2011.
41:03:03:08. Fees for special events. The daily fee for admission to the annual Fort Sisseton Festival at the Fort Sisseton State Park is $5 for each person who is 12 years old or older. This admission fee is in lieu of any other park entrance license. Persons who have paid a daily camping fee for the event and program participants are exempt from paying the fee.
Source: 14 SDR 164, effective June 16, 1988; 23 SDR 197, effective May 27, 1997; 30 SDR 171, effective May 11, 2004; 39 SDR 100, effective December 3, 2012.
General Authority: SDCL 41-17-1.1(7).
Law Implemented: SDCL 41-17-1.1(7).
Cross-References: Park license for admission to state parks and recreation areas -- Fees -- Deposit, SDCL 41-17-13; Park entrance license fees, § 41:03:03:06.
CHAPTER 41:03:04
CAMPING PERMITS AND RULES
Section
41:03:04:01 Definitions.
41:03:04:02 Camping permit required -- Exceptions.
41:03:04:02.01 Repealed.
41:03:04:02.02 Repealed.
41:03:04:03 Camping permit fees.
41:03:04:03.01 Repealed.
41:03:04:03.02 Camping permit fees -- Cabins -- Lodges -- Suites.
41:03:04:04 Registration procedures.
41:03:04:04.01 Repealed.
41:03:04:05 Repealed.
41:03:04:05.01 Campsite reservations -- Payment of camping fees -- Cancellation fees.
41:03:04:05.02 Reserved group picnic shelter fee.
41:03:04:05.03 Repealed.
41:03:04:06 Repealed.
41:03:04:07 Superseded.
41:03:04:07.01 Sale of firewood.
41:03:04:08 Repealed.
41:03:04:09 Repealed.
41:03:04:10 Camper unit occupancy restricted.
41:03:04:10.01 Repealed.
41:03:04:10.02 Camping cabin occupancy restricted.
41:03:04:10.03 Equestrian campground occupancy restricted.
41:03:04:11 Use of electrical service restricted.
41:03:04:12 Checkout times enforced.
41:03:04:13 Park facility use fees.
41:03:04:01. Definitions. Terms used in this chapter mean:
(1) "Basic campground," a campground equipped with vault toilets if camping is allowed on camping pads, grassed areas, or parking lots;
(2) "Camper unit," a powered vehicle, motor home, camping bus, pull-type camper, tent, or any other device designed for sleeping;
(3) "Campground site" or "campsite," a specific camping pad or a temporary area that is specifically designated by the park manager;
(4) "Camping cabin," a campsite with a wood structure provided by the department, furnished with beds and electricity;
(5) "Equestrian campground," a campground designed to accommodate camper units with horses;
(6) "Family," parents or grandparents and unmarried minor children;
(7) "Hard-sided camper," any type of device that is designed for sleeping and shelter that is attached to at least a single axle;
(8) "Large group camping reservation," a reservation for a group camping loop at Lewis and Clark Recreation area or for ten or more campsites at any other state park campground that accepts a group camping reservation;
(9) "Lodge," a permanent structure provided by the department, furnished with beds, appliances, and home decor;
(10) "Modern cabin," a campsite with a wood structure provided by the department, furnished with beds, electricity, sewer and water;
(11) "Modern campground," a campground equipped with flush toilets, lavatories, hot showers, and individual camping pads;
(12) "Nonprofit youth group," an organized group of persons under age eighteen, sponsored by a nonprofit organization, and accompanied by a smaller group of adult leaders that have been designated by the organization to provide supervision, guidance, and instruction to the group. Any adult accompanying the youth group for the primary purpose of supervising the adult's own children is not considered an adult leader of the group; and
(13) "Suite," a campsite with a wood structure that contains multiple rental units provided by the department, furnished with beds, electricity, sewer, and water.
Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 6 SDR 96, effective April 1, 1980; 10 SDR 73, effective January 17, 1984; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 81, effective December 10, 1987; 15 SDR 139, effective March 20, 1989; 16 SDR 114, effective January 18, 1990; 17 SDR 170, effective May 14, 1991; 19 SDR 190, effective June 15, 1993; 20 SDR 150, effective March 23, 1994; 23 SDR 87, effective December 3, 1996; 23 SDR 142, effective March 17, 1997; 24 SDR 99, effective February 2, 1998; 24 SDR 156, effective May 17, 1998; 27 SDR 49, effective November 16, 2000; 28 SDR 150, effective May 7, 2002; 36 SDR 112, effective January 11, 2010; 44 SDR 93, effective December 4, 2017; 45 SDR 89, effective December 31, 2018; 46 SDR 74, effective December 2, 2019; 47 SDR 68, effective December 9, 2020; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 41-17-1.1(1).
Law Implemented: SDCL 41-2-24, 41-17-1.1.
41:03:04:02. Camping permit required -- Exceptions. A camping permit is required for the use of all campground sites and facilities year-round in those state parks, recreation areas, and lakeside use areas listed in § 41:03:04:03.
Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 3 SDR 73, effective April 25, 1977; 6 SDR 96, effective April 1, 1980; 7 SDR 103, effective May 14, 1981; 9 SDR 147, effective May 22, 1983; 10 SDR 73, effective January 17, 1984; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 139, effective March 20, 1989; 16 SDR 114, effective January 18, 1990; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1.
Law Implemented: SDCL 41-2-24, 41-17-1.1.
41:03:04:02.01. Camper appreciation weekend camping permit exemption.Repealed.
Source: 13 SDR 68, effective December 11, 1986; 14 SDR 114, effective March 9, 1988; 15 SDR 139, effective March 20, 1989; 18 SDR 98, effective December 12, 1991; 19 SDR 17, effective August 12, 1992; repealed, 20 SDR 150, effective March 23, 1994.
41:03:04:02.02. Camp South Dakota promotion camping permit exemption.Repealed.
Source: 17 SDR 170, effective May 14, 1991; 18 SDR 144, effective March 15, 1992; repealed, 19 SDR 128, effective March 9, 1993.
41:03:04:03. Camping permit fees. The daily fee for the use of a campground site by one camper unit is as follows:
(1) Custer State Park modern campground fee, twenty-seven dollars, at State Game Lodge, Sylvan Lake, Grace Coolidge, Legion Lake, Stockade North, Stockade South, and Blue Bell;
(2) Modern campground fee, twenty-three dollars, at Platte Creek; Swan Creek; West Whitlock; Indian Creek; Okobojo Point; Cow Creek; West Pollock; Fisher Grove; Buryanek; Oahe Downstream; Springfield; West Bend; Lewis and Clark; Chief White Crane; Angostura, including Sheps Canyon; Palisades; Big Sioux; Lake Vermillion; Rocky Point; Mina Lake; Lake Herman; North Point; Walker's Point; Lake Poinsett; South Pelican; Shadehill Ketterlings Point; Pickerel Lake; Lake Cochrane; Sandy Shore; Pierson Ranch; Richmond Lake; Pease Creek; Lake Thompson; Farm Island; Snake Creek; Lake Louise; Randall Creek; Center Lake Campground at Custer State Park; Hartford Beach; Newton Hills; Oakwood Lakes; Palisades; Roy Lake; Union Grove; and Fort Sisseton, except during the Fort Sisseton Festival in accordance with subdivision (5);
(3) Basic campground fee, sixteen dollars, at Burke Lake Recreation Area, Shadehill-Llewellyn Johns Memorial Recreation Area, Bear Butte Lakeside Use Area, Lake Hiddenwood Recreation Area, Sand Creek Lakeside Use Area, East Whitlock Lakeside Use Area, Tabor Lakeside Use Area, North Wheeler Recreation Area, Lake Carthage Lakeside Use Area, South Shore Lakeside Use Area, Whetstone Bay Lakeside Use Area, Star Valley Lakeside Use Area, White Swan Lakeside Use Area, Walth Bay Lakeside Use Area, Dude Ranch Lakeside Use Area, Sica Hollow State Park, Elm Creek Lakeside Use Area, Sheps Canyon Lakeside Use Area, Amsden Dam Lakeside Use Area, Bailey's Lakeside Use Area, Hugh Glass Lakeside Use Area, Minneconjou Lakeside Use Area, Little Bend Lakeside Use Area, Little Moreau Recreation Area, and Twin Lakes Lakeside Use Area;
(4) Custer State Park French Creek natural area, eight dollars per person;
(5) Use of a campground site at Fort Sisseton during the annual Fort Sisseton Festival, twenty-five dollars, provided that participants and festival campers are exempt from paying the camping fee;
(6) Custer State Park, French Creek Horse Camp fee, thirty-seven dollars; and
(7) Campsites designated for tent camping only, regardless of campground designation, sixteen dollars.
An additional charge of seven dollars per unit applies to campground sites with electricity.
A resident of this state who may purchase a camping permit and campsite electrical service for one-half price pursuant to SDCL 41-17-13.4 shall submit written verification of that status from the United States Veterans Administration to the licensing office of the department in Pierre. The licensing office shall send the resident a billfold-size card to use as proof of eligibility for half-price camping fees.
The nonprofit youth group camping fee is fifty cents per person or six dollars, whichever is greater.
The Custer State Park group camping area fee is eight dollars per person for overnight use, with a minimum fee of one hundred forty dollars.
Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 2 SDR 90, effective July 11, 1976; 3 SDR 73, effective April 25, 1977; 6 SDR 96, effective April 1, 1980; 7 SDR 69, effective January 25, 1981; 8 SDR 170, effective June 20, 1982; 9 SDR 147, effective May 22, 1983; 10 SDR 73, effective January 17, 1984; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 13 SDR 128, effective March 22, 1987; 13 SDR 192, effective June 22, 1987; 14 SDR 14, effective August 6, 1987; 14 SDR 81, effective December 10, 1987; 14 SDR 114, effective March 9, 1988; 14 SDR 164, effective June 16, 1988; 15 SDR 139, effective March 20, 1989; 16 SDR 114, effective January 18, 1990; 16 SDR 135, effective February 18, 1990; 17 SDR 12, effective July 31, 1990; 17 SDR 139, effective March 21, 1991; 17 SDR 170, effective May 14, 1991; 17 SDR 188, effective June 13, 1991, and July 1, 1991; 18 SDR 98, effective December 12, 1991; 18 SDR 144, effective March 15, 1992; 19 SDR 82, effective December 7, 1992; 19 SDR 190, effective June 15, 1993; 20 SDR 150, effective March 23, 1994; 21 SDR 86, effective November 10, 1994; 21 SDR 148, effective March 6, 1995; 22 SDR 82, effective December 10, 1995; 22 SDR 89, effective December 26, 1995; 23 SDR 87, effective December 3, 1996; 23 SDR 197, effective May 27, 1997; 24 SDR 99, effective February 2, 1998; 24 SDR 107, effective February 26, 1998; 24 SDR 156, effective May 17, 1998; 25 SDR 108, effective February 28, 1999; 25 SDR 141, effective May 27, 1999; 26 SDR 41, effective September 28, 1999; 26 SDR 85, effective December 26, 1999; 26 SDR 117, effective March 16, 2000; 26 SDR 162, effective June 14, 2000; 27 SDR 49, effective November 16, 2000; 27 SDR 85, effective February 26, 2001; 28 SDR 103, effective January 30, 2002; 29 SDR 80, effective December 10, 2002; 30 SDR 99, effective December 22, 2003; 30 SDR 171, effective May 11, 2004; 31 SDR 62, effective November 4, 2004; 32 SDR 109, effective December 27, 2005; 32 SDR 128, effective January 31, 2006; 33 SDR 107, effective December 27, 2006; 33 SDR 180, effective May 7, 2007; 33 SDR 225, effective June 25, 2007; 34 SDR 179, effective December 24, 2007; 36 SDR 112, effective January 11, 2010; 37 SDR 112, effective December 8, 2010; 38 SDR 101, effective December 5, 2011; 39 SDR 32, effective September 5, 2012; 39 SDR 100, effective December 3, 2012; 39 SDR 204, effective June 11, 2013; 40 SDR 113, effective December 16, 2013; 41 SDR 93, effective December 3, 2014; 44 SDR 93, effective December 4, 2017; 45 SDR 89, effective December 31, 2018; 46 SDR 74, effective December 2, 2019; 47 SDR 68, effective December 9, 2020; 48 SDR 60, effective December 8, 2021; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 41-17-1.1(7), 41-17-13.4.
Law Implemented: SDCL 41-2-24, 41-17-1.1(7), 41-17-13.4.
41:03:04:03.01. Fourteen-day camping permit fee.Repealed.
Source: 19 SDR 128, effective March 9, 1993; 21 SDR 86, effective November 10, 1994; 22 SDR 82, effective December 10, 1995; repealed, 24 SDR 99, effective February 2, 1998.
41:03:04:03.02. Camping permit fees -- Cabins -- Lodges -- Suites. Fees for the following are:
(1) Camping cabin fee, sixty dollars;
(2) Modern cabin and suite fees:
(a) Mina Lake Recreation Area cagin, one hundred fifty dollars;
(b) Newton Hills State park cabin, one hundred eighty-five dollars;
(c) Oahe Downstream Recreation Area cabins A and B, one hundred fifty dollars;
(d) Oahe Downstream Recreation Area cabins C and D, one hundred twenty dollars;
(e) Pickerel Lake Recreation Area cabin, one hundred fifty dollars;
(f) Roy Lake State Park cabins 4, 5, 8, and 9, one hundred fifty dollars;
(g) Roy Lake State Park cabins 6 and 7, one hundred twenty dollars;
(h) Roy Lake State Park suites 12 through 15, one hundred seventy-five dollars;
(i) Roy Lake State Park suites 16 and 17, one hundred twenty dollars;
(j) Spring Creek Recreation Area cabins 1 through 10, one hundred fifty dollars;
(k) Spring Creek Recreation Area cabins 11 and 12, two hundred five dollars; and
(l) Spring Creek Recreation Area suites 13A through 13D, eighty-five dollars.
Discounts to increase occupancy during periods of lower demand, may not exceed twenty-five percent of the approved fee;
(3) Group lodging fee:
(a) At Lake Thompson State Recreation Area, Palisades State Park, Sheps Canyon State Recreation Area, and Newton Hills State Park, two hundred eighty dollars per night, or
(b) Shadehill State Recreation Area, three hundred dollars per night.
Occupancy in excess of twelve persons is an additional fee of ten dollars for each excess person with a maximum occupancy of fifteen persons;
(4) Oahe Downstream Group Lodge use fee is:
(a) Forty dollars per night for nonprofit youth groups year-round;
(b) Forty dollars per night for any nonprofit groups and government agencies from November first through March thirty-first; or
(c) One hundred fifty dollars per night in all other circumstances; and
(5) Pet accommodation fee for pets kept inside camping cabins, modern cabins, lodges, or suites, as permitted in § 41:03:01:13, ten dollars per reservation period, per facility. For purposes of this chapter, the term "pet" means a domesticated dog or cat.
Source: 47 SDR 68, effective December 9, 2020; 49 SDR 89, effective May 1, 2023; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 41-17-1.1(7).
Law Implemented: SDCL 41-2-24, 41-17-1.1.
41:03:04:04. Registration procedures. A person shall reserve a campsite prior to occupying the site in the park. A reservation may be placed either online or by calling the park reservation center. At campgrounds using a self-registration system, the department shall post camping fees and provide registration forms for campers to complete. Each person shall insert the correct fee in the envelope provided with the form and insert the envelope in the security box provided. The person shall display the provided registration slip on a provided site post or in a conspicuous place.
Any person desiring to extend occupancy of a site beyond the nights for which the camper unit is paid, up to the limits set in § 41:03:01:15, may extend the reservation by 4:00 p.m. on the last day of the reservation and pay the camping fees for any additional nights, only if the site is available for the duration of the extended stay, except at Custer State Park where a person shall extend the reservation by 12:00 p.m. on the last day of the reservation. A person staying on a same-day reservation site located at Center Lake in Custer State Park and the Yankton section of Lewis and Clark Recreation Area shall extend the reservation prior to 12:00 AM (midnight) on the last registered night's stay.
Any person registered for a designated first come, first served site at any state park and recreation area shall place a camping unit on the campsite immediately following registration.
Any person with a same-day campsite reservation shall place a camping unit on the campsite by 10 p.m. of the first night of the reservation unless an alternate arrangement is made with park staff. If the person fails to place a camping unit on the site, the person may be charged a cancellation fee and forfeit the remainder of the reservation.
Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 3 SDR 73, effective April 25, 1977; 6 SDR 96, effective April 1, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 139, effective March 20, 1989; 17 SDR 12, effective July 31, 1990; 17 SDR 188, effective June 13, 1991; 19 SDR 82, effective December 7, 1992; 21 SDR 148, effective March 6, 1995; 28 SDR 103, effective January 30, 2002; 36 SDR 112, effective January 11, 2010; 43 SDR 31, effective September 14, 2016; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(1)(2).
Law Implemented: SDCL 41-2-24, 41-17-1.1(1)(2).
41:03:04:04.01. Late registration fee.Repealed.
Source: 15 SDR 139, effective March 20, 1989; repealed, 19 SDR 82, effective December 7, 1992.
41:03:04:05. Limitations on use of season permit.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 3 SDR 73, effective April 25, 1977.
41:03:04:05.01. Campsite reservations -- Payment of camping fees -- Cancellation fees. A nonprofit youth group may reserve a designated group camping area for up to fourteen consecutive nights.
A person may reserve an available campsite at any state park, recreation area, or lakeside use area for up to fourteen consecutive nights. After the person has occupied the campsite for fourteen consecutive nights, the person shall remove the person's camper unit from the state park, recreational area, or lake side use area, by check-out time the next day, for at least one night, before reserving that site, or another site, at that location.
Camping fees set in subdivisions 41:03:04:03(1) to (7), inclusive, must be paid for the entire duration of a camper's anticipated stay at the time the reservation is made. A person who either cancels a reservation for a campsite through the park reservation center or who cancels a reservation for a campsite, within seven days of or after arrival at the park, shall pay one-half of one night's camping fee for each campsite reserved. A person who cancels a reservation for a camping cabin, a modern cabin, a lodge, a suite, a rent-a-camper, or a campsite at French Creek Horse Camp in Custer State Park, through the park reservation center, within thirty days of or after arrival at the park, shall pay a cancellation fee of one-half of one night's rental or camping fee. The department shall refund all other fees for unused days of camping or unused lodging fees, except nonrefundable reservation fees.
The cost of a reservation is six dollars for a reservation made through the park reservation center. A person who is not a resident of this state shall pay a reservation fee of ten dollars for a reservation made online and sixteen dollars for a reservation made through the park reservation center. The reservation fee is nonrefundable and is payable in advance.
Source: 6 SDR 96, effective April 1, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 10 SDR 120, effective July 1, 1984; 12 SDR 186, effective May 28, 1986; 13 SDR 192, effective June 22, 1987; 14 SDR 114, effective March 9, 1988; 15 SDR 139, effective March 20, 1989; 16 SDR 135, effective February 18, 1990; 17 SDR 78, effective December 10, 1990; 19 SDR 82, effective December 7, 1992; 21 SDR 102, effective December 8, 1994; 21 SDR 148, effective March 6, 1995; 22 SDR 82, effective December 10, 1995; 23 SDR 87, effective December 3, 1996; 25 SDR 108, effective February 28, 1999; 28 SDR 150, effective May 7, 2002; 32 SDR 109, effective December 27, 2005; 35 SDR 184, effective February 2, 2009; 42 SDR 97, effective January 5, 2016; 43 SDR 31, effective September 14, 2016; 46 SDR 74, effective December 2, 2019; 48 SDR 115, effective May 24, 2022; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 41-17-1.1(1)(7).
Law Implemented: SDCL 41-2-24, 41-17-1.1(7).
41:03:04:05.02. Reserved group picnic shelter fee. The fee for reserving a designated group picnic shelter is $20 a day payable in advance.
Source: 6 SDR 96, effective April 1, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 16 SDR 135, effective February 18, 1990; 19 SDR 82, effective December 7, 1992; 21 SDR 148, effective March 6, 1995; 25 SDR 108, effective February 28, 1999; 37 SDR 112, effective December 8, 2010; 40 SDR 113, effective December 16, 2013; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(10).
Law Implemented: SDCL 41-2-24, 41-17-1.1(10).
41:03:04:05.03. Custer State Park reserved group camping fee.Repealed.
Source: 10 SDR 73, effective January 17, 1984; repealed, 10 SDR 120, effective July 1, 1984.
41:03:04:06. Other privileges not included in camping permit.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 7 SDR 103, effective May 14, 1981.
41:03:04:07. Disposition of fees -- Deduction for maintenance.Superseded.
41:03:04:07.01. Sale of firewood. The department may sell firewood in the state park system for six dollars and seventy-two cents per cubic foot.
Source: 7 SDR 103, effective May 14, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 78, effective December 10, 1990; 25 SDR 108, effective February 28, 1999; 35 SDR 184, effective February 2, 2009; 40 SDR 113, effective December 16, 2013; 46 SDR 74, effective December 2, 2019; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 41-17-1.1(7).
Law Implemented: SDCL 41-2-24, 41-17-1.1(7).
41:03:04:08. Campsite occupancy required.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 19 SDR 82, effective December 7, 1992; 20 SDR 150, effective March 23, 1994; repealed, 21 SDR 148, effective March 6, 1995.
41:03:04:09. Camper units limited to two per site -- Each unit must have permit. Repealed.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 23 SDR 142, effective March 17, 1997; repealed, 39 SDR 100, effective December 3, 2012.
41:03:04:10. Camper unit occupancy restricted. Except as otherwise provided in this rule, no more than one camper unit may occupy a designated campsite. For purposes of compliance with this section and assessment of daily camping fees, a camper unit is one hard sided camper and one or more tents or a combination of both camper and tents, if all occupants meet the definition of family or the total number of occupants does not exceed six people.
The park manager may allow up to a maximum of two camper units, not to exceed 12 people, to occupy or double-up on a campsite based on the suitability of the site and the load on campground facilities or infrastructure. In such a case, a fee of two times the daily camping fee shall be charged.
Source: 8 SDR 85, effective January 18, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 150, effective May 7, 2002; 39 SDR 100, effective December 3, 2012.
General Authority: SDCL 41-17-1.1(1), 41-17-15.
Law Implemented: SDCL 41-2-24, 41-17-1.1(1), 41-17-15.
41:03:04:10.01. Additional camper unit occupancy permitted -- Fee. Repealed.
Source: 28 SDR 150, effective May 7, 2002; repealed, 39 SDR 100, effective December 3, 2012.
41:03:04:10.02. Camping cabin occupancy restricted. Camping cabin occupancy is restricted to the number of sleeping spaces provided or one "family" with an extra tent. A single bed is one sleeping space and a double or larger bed is two sleeping spaces.
Source: 28 SDR 150, effective May 7, 2002; 41 SDR 93, effective December 3, 2014; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-24, 41-17-1.1(1).
Law Implemented: SDCL 41-2-24, 41-17-1.1(1).
41:03:04:10.03. Equestrian campground occupancy restricted. Any camper unit without a horse must have permission from the park manager or a designee prior to occupying an equestrian campground.
Source: 31 SDR 191, effective June 7, 2005.
General Authority: SDCL 41-17-1.1(1)(4).
Law Implemented: SDCL 41-17-1.1(1)(4).
41:03:04:11. Use of electrical service restricted. No camper unit may use electrical service from an outlet unless the campsite where the unit is registered is designated as an electrical campsite.
Source: 15 SDR 139, effective March 20, 1989; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(1).
Law Implemented: SDCL 41-2-24, 41-17-1.1(1), 41-17-15.
41:03:04:12. Checkout times enforced. Except as otherwise provided in this section, a person may not occupy a designated campsite, after 4:00 p.m., in the state park system, on the day that a camping permit expires. In Custer State Park, a person may not occupy a designated campsite, after 12:00 p.m., on the day that a camping permit expires, unless permission is obtained from an authorized representative of the department. A person may not occupy a camping cabin, a suite, a lodge, or a modern cabin, after 11:00 a.m., on the day that a lodging permit expires, unless permission is obtained from an authorized representative of the department.
Source: 22 SDR 111, effective March 7, 1996; 38 SDR 101, effective December 5, 2011; 46 SDR 74, effective December 2, 2019; 48 SDR 60, effective December 8, 2021.
General Authority: SDCL 41-17-1.1(1).
Law Implemented: SDCL 41-17-1.1(1).
41:03:04:13. Park facility use fees. The fee for the use of the following state park facilities is:
(1) Fort Sisseton or Pierson Ranch picnic shelter with kitchenette, fifty dollars per day;
(2) Fort Sisseton south barracks, five hundred dollars for a period from 10:00 a.m. Friday to 6:00 p.m. Sunday, inclusive;
(3) Fort Sisseton event tent -- on site, one hundred fifty dollars per day for a minimum of two consecutive days; off-site, one thousand dollars per day plus two dollars per mile transport fee for set up over twenty-five miles;
(4) Fort Sisseton grounds for outdoor wedding, one hundred twenty-five dollars if park benches and the stage are used;
(5) Lewis and Clark catamaran dry slip storage, three hundred fifty dollars for a period from May first to September thirtieth, inclusive. For seasonal slip rental beginning on or after July fifteenth, the fee is sixty dollars plus two dollars per day. Temporary slip rental is five dollars per day;
(6) Angostura catamaran dry slip storage, two hundred dollars for a period from May first to September thirtieth, inclusive. For seasonal slip rental beginning on or after July fifteenth, the fee is thirty dollars plus two dollars per day. Temporary slip rental is five dollars per day;
(7) Palisades State Park event shelter located adjacent to the lodge, fifty dollars per day; and
(8) Good Earth State Park:
(a) Visitor center (standard rates) -- Classroom A, one hundred dollars for two hours, two hundred dollars for four hours, four hundred dollars for eight hours; Classroom B (includes kitchen), two hundred dollars for two hours, three hundred dollars for four hours, six hundred dollars for eight hours; Full Classroom (A and B), two hundred fifty dollars for two hours, four hundred fifty dollars for four hours, nine hundred dollars for eight hours;
(b) Visitor center (non-profit rates) -- Classroom A, thirty dollars for two hours, sixty dollars for four hours, one hundred twenty dollars for eight hours; Classroom B (includes kitchen), sixty dollars for two hours, ninety dollars for four hours, one hundred eighty dollars for eight hours; Full Classroom (A and B), seventy-five dollars for two hours, one hundred thirty-five dollars for four hours, two hundred seventy dollars for eight hours;
(c) Picnic shelter special event fee -- one hundred dollars for four hours; and two hundred dollars for all-day (6:00 a.m. to 11:00 p.m. from May first to September thirtieth, inclusive, and 6:00 a.m. to 9:00 p.m. from October first to April thirtieth, inclusive);
(d) Wedding events -- include full classroom, amphitheater, outdoor patio, picnic shelter and special one-day event park entrance license for guests, one thousand five hundred dollars for one to forty-nine people, two thousand dollars for fifty to one hundred people, two thousand five hundred dollars for one hundred and one to one hundred forty-nine people, three thousand dollars for one hundred fifty to two hundred people;
(e) Wedding event, ceremony only -- picnic shelter or amphitheater and special one-day event park entrance license for guests for a maximum time of two hours, three hundred fifty dollars for one to forty-nine people, four hundred dollars for fifty to one hundred people, four hundred fifty dollars for one hunded and one to one hunded forty-nine people, five hundred dollars for one hundred fifty to two hundred people; and
(f) Amphitheater special event fee -- three hundred dollars for four hours and six hundred dollars for all day (6:00 a.m. to 11:00 p.m. from May first to September thirtieth, inclusive, and 6:00 a.m. to 9:00 p.m. from October first to April thirtieth, inclusive).
Source: 36 SDR 112, effective January 11, 2010; 40 SDR 113, effective December 16, 2013; 41 SDR 93, effective December 3, 2014; 44 SDR 17, effective August 7, 2017; 44 SDR 93, effective December 4, 2017; 45 SDR 89, effective December 31, 2018; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 41-17-1.1(1)(7).
Law Implemented: SDCL 41-2-24, 41-17-1.1(7).
CHAPTER 41:03:05
GEORGE S. MICKELSON TRAIL USER SERVICE FEES
Section
41:03:05:01 Payment of trail user service fee required for certain recreation trails.
41:03:05:02 Trail user service fee exemptions.
41:03:05:03 Trail user service fees and issuance of trail user pass.
41:03:05:04 Expiration of daily trail user pass.
41:03:05:05 Repealed.
41:03:05:06 Display of trail user pass.
41:03:05:01. Payment of trail user service fee required for certain recreation trails. A person, unless otherwise exempt, may not enter, use, or occupy the George S. Mickelson Trail unless the person has obtained a valid annual or daily pass. Payment of the trail user service fee is required year-round of all persons 12 years of age or older using the George S. Mickelson Trail.
Source: 20 SDR 150, effective March 23, 1994; 25 SDR 108, effective February 28, 1999; 27 SDR 85, effective February 26, 2001; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(7).
Law Implemented: SDCL 41-17-1.1(7).
41:03:05:02. Trail user service fee exemptions. The following are exempt from the requirements and user fee required by § 41:03:05:01:
(1) Any person using the George S. Mickelson Trail within the posted city limits of the communities of Deadwood, Lead, Rochford, Hill City, Custer, Pringle, and Edgemont;
(2) Any person who enters the George S. Mickelson Trail area in volunteer service to the trail or as a volunteer worker with an assigned role at an event requiring a special permit pursuant to § 41:03:01:04 if the person has received a special free trail user pass from a department representative;
(3) Any adjoining landowner or lessee on those portions of the George S. Mickelson Trail fronting the landowner's or lessee's property;
(4) Any member of a resident nonprofit youth group if the group obtains written permission from a department representative before using the trail; and
(5) Members and guests of a South Dakota veterans organization or group, South Dakota National Guard or military reserve unit and guests, or patients currently admitted to a veterans hospital in South Dakota and their attendants who enter the George S. Mickelson Trail area for a special event that is hosted by the organization, group, unit or hospital if an approved special event permit has been obtained from the park manager at least five days before the special event. The park manager shall issue special free trail user passes to participants of the special event.
Source: 20 SDR 150, effective March 23, 1994; 25 SDR 108, effective February 28, 1999; 27 SDR 85, effective February 26, 2001; 45 SDR 155, effective June 24, 2019.
General Authority: SDCL 41-17-1.1(7).
Law Implemented: SDCL 41-17-1.1(7).
41:03:05:03. Trail user service fees and issuance of trail user pass. The trail user service fees are as follows:
(1) Annual pass fee, twenty dollars per person; and
(2) Daily pass fee, five dollars per person.
Upon payment of the required fee, the person will be issued the applicable trail user pass.
Source: 20 SDR 150, effective March 23, 1994; 25 SDR 108, effective February 28, 1999; 27 SDR 85, effective February 26, 2001; 34 SDR 179, effective December 24, 2007; 42 SDR 97, effective January 5, 2016; 45 SDR 155, effective June 24, 2019; 51 SDR 53. effective November 11, 2024.
General Authority: SDCL 41-17-1.1(7).
Law Implemented: SDCL 41-2-24, 41-17-1.1(7).
41:03:05:04. Expiration of daily trail user pass. The daily trail user pass expires one-half hour past sunset on the day the pass was purchased.
Source: 20 SDR 150, effective March 23, 1994; 25 SDR 108, effective February 28, 1999; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(7).
Law Implemented: SDCL 41-17-1.1(7).
41:03:05:05. Validity and expiration of annual trail user pass. Repealed.
Source: 20 SDR 150, effective March 23, 1994; 25 SDR 108, effective February 28, 1999; repealed, 39 SDR 10, effective August 1, 2012.
41:03:05:06. Display of trail user pass. A trail user pass must be displayed or readily available for inspection if requested by a department representative. If a trail user on the George S. Mickelson Trail does not have a valid trail pass or is not able to display it or make it readily available upon request, the user shall obtain a daily or annual trail pass.
Source: 20 SDR 150, effective March 23, 1994; 25 SDR 108, effective February 28, 1999; 27 SDR 85, effective February 26, 2001; 45 SDR 155, effective June 24, 2019.
General Authority: SDCL 41-17-1.1(7).
Law Implemented: SDCL 41-17-1.1(7).
CHAPTER 41:03:06
SNOWMOBILE STATE RECREATIONAL TRAIL USER SERVICE FEE
Section
41:03:06:01 Display of a commercial snowmobile trail user pass required.
41:03:06:02 Service fee for a commercial snowmobile trail user pass.
41:03:06:03 Commercial snowmobile trail user pass exemptions.
41:03:06:04 Validity and expiration of a commercial snowmobile trail user pass.
41:03:06:05 Display of commercial snowmobile trail user pass.
41:03:06:01. Display of a commercial snowmobile trail user pass required. No person may operate a snowmobile rented or leased from a commercial business located in this state on any portion of a state recreational trail designated as a South Dakota state snowmobile trail unless the snowmobile displays a commercial snowmobile trail user pass to be issued by and in a form to be prescribed by the department.
Source: 28 SDR 84, effective December 20, 2001; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-17-1.1(5)(7).
Law Implemented: SDCL 41-17-1.1(5)(7).
41:03:06:02. Service fee for a commercial snowmobile trail user pass. The service fee for a commercial snowmobile trail user pass is $125.
Source: 28 SDR 84, effective December 20, 2001.
General Authority:SDCL 41-17-1.1(7)
Law Implemented:SDCL 41-17-1.1(7).
41:03:06:03. Commercial snowmobile trail user pass exemptions. The following rented or leased snowmobiles are exempt from the requirements prescribed in § 41:03:06:01:
(1) Snowmobiles displaying a valid South Dakota snowmobile license; or
(2) Snowmobiles displaying a valid Wyoming commercial snowmobile license.
Source: 28 SDR 84, effective December 20, 2001.
General Authority:SDCL 41-17-1.1(5)(7).
Law Implemented:SDCL 41-17-1.1(5)(7).
41:03:06:04. Validity and expiration of a commercial snowmobile trail user pass. The commercial snowmobile trail user pass is valid from July 1 of the year for which it was issued to the following June 30, inclusive.
Source: 28 SDR 84, effective December 20, 2001.
General Authority:SDCL 41-17-1.1(7).
Law Implemented:SDCL 41-17-1.1(7).
41:03:06:05. Display of commercial snowmobile trail user pass. The commercial snowmobile trail user pass shall be affixed to and displayed on the snowmobile in a visually conspicuous location.
Source: 28 SDR 84, effective December 20, 2001.
General Authority:SDCL 41-17-1.1(5)(7).
Law Implemented:SDCL 41-17-1.1(5)(7).