ENTITLED 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, 39-1, 40-37, 41-20, 54-13, and the functions of the former Department of Environment and Natural Resources created by 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 public safety may, upon an application, issue a permit to 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 necessary to prevent the spread of the permitted fire, and may be revoked if changing conditions make the burning unsafe.

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

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

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.

I certify that the attached Act originated in the: Senate as Bill No. 34 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 34 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State