CHAPTER 61:33:01
BURN PERMITS
Section
61:33:01:01 Definitions.
61:33:01:02 Application for permit.
61:33:01:03 Permit types.
61:33:01:04 Permit conditions.
61:33:01:05 Authorized burn barrels.
61:33:01:06 Burn barrel use requirements.
61:33:01:07 Authorized commercial campground campfires.
61:33:01:08 Commercial campground use requirements.
61:33:01:09 Private campfires.
61:33:01:10 Private campfire use requirements.
61:33:01:11 Slash pile burning requirements.
61:33:01:12 Permit revocation.
61:33:01:01. Definitions. For purposes of this chapter, the term, slash pile, means accumulated limbs, leaves, pine needles and miscellaneous fuel left by natural debris and forest management activities.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:02. Application for permit. Persons wanting to obtain a permit for any type of open burning in the Black Hills Forest Fire Protection District shall utilize the electronic application available on the South Dakota Department of Public Safety, Division of Wildland Fire’s Burn Permit website or by submitting a paper application. Paper applications are available at 3305 West South Street, Rapid City, South Dakota.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:03. Permit types. The following permits for open burning in the Black Hills Forest Fire Protection District (BHFFPD) may be issued to individuals, corporate entities, governmental organizations, or non-governmental organizations:
(1) A barrel permit authorizes the use of a burn barrel at a private residence, ranch, or farm within the BHFFPD to burn household paper products and is valid for three years from the date of issuance;
(2) A campground permit authorizes an owner or manager of a private or non-profit campground or summer camp area to use a camping site outdoor fire pit, outdoor fireplace, or campfire ring and is valid for three years from the date of issuance;
(3) A private campfire permit authorizes an owner of private property to use an outdoor fire pit, outdoor fireplace, or campfire ring located on that person’s private property which is valid for three years from the date of issuance; and
(4) A pile burning permit authorizes the burning of slash piles in an open fire and is valid from November first to March thirty-first.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:14. Permit conditions. The following conditions apply to all permits issued under this chapter:
(1) No open burning may occur if county fire restrictions exist, or a county burn ban is in effect;
(2) No open burning may occur if a wind advisory, high wind watch, high wind warning, fire weather watch, or red flag warning is forecasted or in effect; and
(3) All open burning of slash piles conducted under a permit must comply with air quality requirements found in chapter 74:06:07.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:05. Authorized burn barrels. Burn barrels must be:
(1) Constructed of metal, with all draft holes screened with heavy-duty one-fourth or less woven wire screening. The top grate must be of the same screening material or a welded construction that will not allow either flying ash or burning paper to leave the burn barrel during combustion;
(2) Located at least thirty feet away from any structure and sited on bare mineral soil, gravel, or concrete;
(3) Cleared of vegetation in a six-foot radius around the burn barrel; and
(4) Staked and secured to prevent overturning.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:06. Burn barrel use requirements. The following conditions apply to burn barrel permits under this chapter:
(1) A burn barrel, once permitted, may not be modified, or moved to a new location on the property and utilized under the same permit;
(2) A burn barrel permit is only for domestic or ranch use;
(3) A burn barrel must be monitored at all times if flames are visible;
(4) A burn barrel grate or screen must be in place covering the top of the barrel when in use; and
(5) Burn barrels are not permitted when county ordinances prohibit their use.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:07. Authorized commercial campground campfires. A campground or summer camp campfire permitted under this chapter must have:
(1) A three-foot-wide-minimum ring around the outdoor fire pit, outdoor fireplace, or campfire ring that is scraped down to bare mineral soil or consists of a concrete, gravel, or sand apron;
(2) A two-foot radius ring of vegetation clipped or mowed to less than three inches in height and maintained around the three-foot-wide ring;
(3) An outdoor fire pit, outdoor fireplace, or campfire ring with sidewalls at least ten inches in height, unless it is mounted on a single post or is a manufactured, seamless ring of at least seven inches; and
(4) All overhead tree branches at least ten feet above the outdoor fire pit, outdoor fireplace, or campfire ring.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:08. Commercial campground use requirements. The following conditions apply to all commercial campfire permits under this chapter:
(1) An outdoor fire pit, outdoor fireplace, or campfire ring may not be modified or moved to a new location on the property;
(2) An outdoor fire pit, outdoor fireplace, or campfire ring may not be used if a wind advisory, high wind watch, high wind warning, fire weather watch, or red flag warning is forecasted or in effect at the campfire site;
(3) An outdoor fire pit, outdoor fireplace, or campfire ring is monitored at all times if flames are visible; and
(4) An outdoor fire pit, outdoor fireplace, or campfire ring is extinguished after each use.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:09. Private campfires authorized by permit. Private campfires able to be permitted under this chapter must have:
(1) A three-foot-wide-minimum ring around the outdoor fire pit, outdoor fireplace, or campfire ring that is scraped down to bare mineral soil or that consists of a concrete, gravel, or sand apron;
(2) A two-foot-wide ring of vegetation clipped or mowed to less than three inches in height and maintained around the three-foot-wide ring;
(3) The minimum height of the sidewalls of the outdoor fire pit, outdoor fireplace, or campfire ring must be at least ten inches unless it is mounted on a single post or is a manufactured seamless ring of seven inches; and
(4) All overhead tree branches at least ten feet above the outdoor fire pit, outdoor fireplace, or campfire ring.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:10. Private campfire use requirements. The following conditions apply to private campfire permits:
(1) A campfire site and fireplace, under this permit, may not be modified or moved to a new location on the property;
(2) A campfire may not be used under conditions of high winds at the campfire site;
(3) A campfire is monitored at all times if flames are visible;
(4) A wood burning portable fireplace with screen cover and chiminea is located on a non-combustible surface; and
(5) A campfire is extinguished after each use.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:11. Slash pile burning requirements. The following requirements apply to all slash pile burning permitted under this chapter:
(1) Prior to igniting the slash pile, the permit holder shall contact the local county dispatch center;
(2) Slash piles that are no larger than six feet in height and six feet in diameter may only be ignited under conditions of continuous snow cover of two inches or more surrounding the site of the slash pile;
(3) Slash piles larger than six feet in height and six feet in diameter may only be ignited under conditions of continuous snow cover of six inches or more surrounding the site of the slash pile;
(4) Slash piles may not be ignited if a wind advisory, high wind watch, high wind warning, fire weather watch, or red flag warning is forecasted or in effect for the area of the slash pile burn;
(5) The permit holder must extinguish any smoldering burn piles if high winds or warm temperatures are occurring or are forecasted to occur; and
(6) All edges around the slash pile must be scraped and pushed in prior to leaving the burn site unattended.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
61:33:01:12. Permit revocation. The secretary may revoke a permit issued under this chapter if:
(1) An imminent risk to public safety exists if burning continues under the original permit; or
(2) Climatic conditions or widespread wildfire activity warrant the action.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
