CHAPTER 41:04:04
DOCKS
Section
41:04:04:01 Definition of terms.
41:04:04:02 Dock and boat lift standards.
41:04:04:03 Repealed.
41:04:04:04 Variance permits authorized -- Extent and time limited.
41:04:04:05 Requirements for dock and floating dock maintenance.
41:04:04:06 Permits revoked and docks removed upon violation.
41:04:04:07 Dock placement -- Authorized persons.
41:04:04:01. Definition of terms. As used in this chapter:
(1) "Public waters" means all meandered lakes, rivers, and streams and their shores to the high-water mark; all waters and shores of reservoirs constructed with public funds; and all other lakes, rivers, and streams that may be used by the public for boating, fishing, hunting, trapping, bathing, skating, and other activities for pleasure and recreation, provided that lakes, rivers, and streams that become dry during certain seasons of the year or periods of drought remain public waters;
(2) "Dock" means a wharf, platform, pier, or similar structure located on, in, or over any public water and is normally connected to or otherwise in contact with the shoreline;
(3) "Floating dock" means a diving platform, ski jump, or similar structure located on, in, or over any public water and is normally not connected to or otherwise in contact with the shoreline; and
(4) "Boat lift" means any device used for storing or holding boats above the surface of public waters.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).
41:04:04:02. Dock and boat lift standards. No person may construct, repair, remodel, or maintain a dock or boat lift unless it conforms to the following standards:
(1) No dock may extend over the water for more than 60 feet, excluding the length of any "T" or "L" attachment;
(2) A dock shall have a walking platform at least 30 inches wide and no more then ten feet wide;
(3) No "T" or "L", or boat lift, or similar attachment to a dock may be more than 24 feet long; and
(4) No boat lift may be placed more than 60 feet from shore unless attached to a dock placed in accordance with an approved variance permit.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007.
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).
41:04:04:03. Nonconforming docks prohibited.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.
41:04:04:04. Variance permits authorized -- Extent and time limited. The department may issue a non-transferable variance permit to exempt the person from compliance with the standards provided in § 41:04:04:02 to the extent and for the period of time allowed by the permit. No permit may be issued for a dock that extends over the water more than 60 feet unless the person applying for the permit signs a release and waiver of liability form provided by the department. Factors used in consideration for approving variance permits include current water level, design of the dock, and the intended use of the dock. Concessionaires or other entities authorized to operate from lands owned, leased, managed, or controlled by the department are exempt from the provisions in §§ 41:04:04:02 and 41:04:04:04 if the docks are authorized by the department under a concession or lease agreement.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007.
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).
41:04:04:05. Requirements for dock and floating dock maintenance. Requirements for dock and floating dock maintenance are as follows:
(1) All docks and floating docks must be securely anchored in place to prevent drifting;
(2) All docks and floating docks must be free of safety hazards and may not constitute a public nuisance or severely detract from the aesthetic values of the public waters and the shoreline of adjacent property;
(3) The flotation material used in docks and floating docks must be composed of low-density, closed-cell, rigid plastic foam; high-impact polyethylene; fiber-glass; or other inert materials. Airtight, water-tight containers that are free of toxic or pollutive substances may also be used for flotation;
(4) All electrical wiring, connections, facilities, or appurtenances serving a dock must conform to the regulations adopted by the South Dakota state electrical commission; and
(5) Floating docks that are not attached to or in contact with the shoreline must, from sunrise to one-half hour after sunset, have attached to them a red flag at least 3 feet above the floor and plainly visible from a distance of at least 150 feet. No floating dock may remain on the waters from one-half hour after sunset until sunrise except when secured as close to the shoreline as possible. This section does not apply to floating docks placed in areas restricted for swimming by a political subdivision or the department.
Source: SL 1975, ch 16, § 1; 1 SDR 60, effective February 26, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).
41:04:04:06. Permits revoked and docks removed upon violation. All variance permits as described in § 41:04:04:04 are subject to administrative revocation. All docks and floating docks are subject to removal from the public waters for failure to conform to the standards and requirements in this chapter.
Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007.
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).
41:04:04:07. Dock placement -- Authorized persons. No person may place or construct a dock, floating dock, or boat lift on, in, or over any public water or its shoreline except those persons expressly authorized by this section and under the following conditions:
(1) Any landowner whose property adjoins public waters if the dock, floating dock, or boat lift is placed within riparian boundaries of the landowner's property;
(2) Any person who receives written permission from a landowner whose property adjoins public waters if the dock, floating dock, or boat lift is placed within the riparian boundaries of the landowner's property;
(3) Any concessionaire or other entity authorized to operate from lands owned, leased, managed, or controlled by the department under a concession or lease agreement;
(4) A riparian landowner whose property is 50 feet or less in width and adjacent to a public water may place no more than one dock and one floating dock into the public water. A riparian landowner whose property is more than 50 feet in width and adjacent to a public water may place no more than two docks and one floating dock into the public water. A riparian landowner may place more than two docks into a public water if the owner secures a variance permit from the department and places the dock in accordance with the requirements identified in this chapter; or
(5) Any dock or floating dock may not be placed in such a manner so as to prohibit or preclude public access to waters or shoreline areas accessible to the public under existing state law.
Source: 33 SDR 225, effective June 25, 2007; 34 SDR 49, effective August 22, 2007.
General Authority: SDCL 32-3A-1(6), 41-2-18(4), 41-17-1.1(1).
Law Implemented: SDCL 32-3A-1(6), 41-2-18(4), 41-17-1.1(1).
