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41:03:01:01.02 Repealed.
41:03:01:01.03 Repealed.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41:03:01:03 Repealed.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41:03:01:06 Repealed.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41:03:01:08 Repealed.
41:03:01:09 Repealed.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41:03:01:12 Superseded.
41:03:01:12.01 Repealed.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41:03:01:13.01 Repealed.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41:03:01:16.01 Repealed.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41:03:01:16.03 Repealed.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41:03:01:18 Repealed.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41:03:01:22 Repealed.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41:03:01:28 Repealed.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41:03:01:30 Repealed.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41:03:01:32 Repealed.
41:03:01:33 Repealed.
41:03:01:34 Repealed.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.
