An Act to update the roles of the Department of Agriculture and Natural Resources and the Department of Public Safety regarding burning and burn permit issuing authority.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 1-41-4 be AMENDED:

1-41-4. The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the Department of Agriculture created by chapters 38-1, 34-35, 39-1, 40-37, 41-20, 54-13, and all the functions of the former Department of Environment and Natural Resources created by Title titles 34, 34A, 45, 46, and 46A, except the inspection functions vested in the Department of Public Safety by §§ 34-39-3.1 and 39-1-1.1 and South Dakota Wildland Fire functions vested in the Department of Public Safety by Executive Reorganization Order 2021-03.

Section 2. That § 34-35-17 be AMENDED:

34-35-17. Any United States forest service supervisor or the secretary of agriculture and natural resources public safety may issue a permit, upon an application, issue a permit to any a person to start an open fire within the Black Hills Forest Fire Protection District, if the fire is not expected to endanger the life or property of another. The permit may be denied if the climatic conditions or location of the material to be burned is such that the burning would endanger the life or property of others. A permit may be issued subject to conditions and restrictions, as determined necessary to prevent the spread of the fire permitted. A permit permitted fire, and may be revoked upon the change of climatic or other if changing conditions which is determined to make the burning unsafe.

Section 3. That § 34-35-18 be AMENDED:

34-35-18. The secretary of agriculture and natural resources public safety or his the secretary's designee may set fires in woods or prairie for the purposes of forest and range management, provided that he has reasonable forces and equipment are available to suppress the spread of the fire.