CHAPTER 41-17
STATE PARKS
41-17-1 State parks--Enumeration.
41-17-1.1 Rules for administration, management, and development of state park system--Violation as misdemeanor.
41-17-2 Legislative adoption required for new state park.
41-17-3 Repealed by SL 2012, ch 201, § 5.
41-17-4 Construction and acquisition of recreational facilities within parks and recreational areas.
41-17-5 Revenue bonds authorized for recreational facilities in parks--Terms of bonds--Maximum amount.
41-17-6 Pledge of revenues as security for bonds--Apportionment of revenue when existing facilities improved.
41-17-7 Bond recital as to sources of payment--Disclaimer of state obligation.
41-17-8 Sale of revenue bonds--Terms--Negotiability.
41-17-9 Bond obligation restricted to revenues pledged.
41-17-10 Assistance in maintenance of Custer County schools--Maximum amounts.
41-17-11 Agreements for use of Custer State Park by National Guard--Lease authorized.
41-17-11.1 Repealed.
41-17-11.2 Repealed.
41-17-11.3 Repealed.
41-17-11.4 Repealed.
41-17-11.5 Repealed.
41-17-12 New highways, roads, and trails in state parks--Violation as misdemeanor.
41-17-13 Park license--Lakeside use and state recreation areas--Fees--Promulgation of rules.
41-17-13.1 41-17-13.1. Repealed by SL 1972, ch 228, § 4
41-17-13.2 Exemptions from park license requirement.
41-17-13.3 Campground permit or charges not included in park license.
41-17-13.4 Free admission and reduced fees for certain veterans.
41-17-14 Use of fees from park licenses--Land purchase prohibited.
41-17-14.1 Camping permits--Issuance--Use of fees.
41-17-15 Deposit and use of park service fees.
41-17-16 41-17-16. Repealed by SL 1984, ch 273, § 9
41-17-17 41-17-17. Repealed by SL 1985, ch 329
41-17-18 Hunting and trapping in Custer State Park as misdemeanor.
41-17-18.1 Permitting dogs at large as misdemeanor.
41-17-19 41-17-19, 41-17-20. Repealed by SL 1984, ch 273, §§ 11, 12
41-17-21 Parks and recreation fund created--Expenditure.
41-17-22 41-17-22. Repealed by SL 2004, ch 334, § 13
41-17-22.1 Imposition of promotion fee on concessionaires--Exemption from taxation--Deposit and use.
41-17-22.2 Classification of concession rights, privileges, and leasehold interest for taxation--Exemptions.
41-17-22.3 41-17-22.3. Repealed by SL 2009, ch 206, § 105.
41-17-22.4 Procedure for sale, assignment, or transfer of concessionaire leases.
41-17-22.5 Custer State Park bond redemption fund created--Expenditures.
41-17-22.6 Amount of revenue from concession contracts deposited in Custer State Park fund.
41-17-23 Grazing on state park or game preserve without permit as misdemeanor.
41-17-24 Failure to close gate in park or game preserve as misdemeanor.
41-17-25 41-17-25. Repealed by SL 1997, ch 239, § 4
41-17-26 Department required to fence land used for rails to trails program.
41-17-27 Certain motor vehicles prohibited from Black Hills Burlington Northern Heritage Trail--Violation as misdemeanor.
41-17-28 Golf carts used within state parks or recreation areas.
41-17-1. State parks--Enumeration.
The state parks existing in South Dakota are as follows:
(1) Bear Butte State Park, located in Meade County;
(2) Custer State Park, located in Custer County;
(3) Fort Sisseton State Park, located in Marshall County;
(4) Hartford Beach State Park, located in Roberts County;
(5) Newton Hills State Park, located in Lincoln County;
(6) Oakwood State Park, located in Brookings County;
(7) Roy Lake State Park, located in Marshall County;
(8) Union Grove State Park, located in Union County;
(9) Lake Herman State Park, located in Lake County;
(10) Sica Hollow State Park, located in Roberts and Marshall counties;
(11) Fisher Grove State Park, located in Spink County;
(12) Palisades State Park, located in Minnehaha County; and
(13) Good Earth State Park at Blood Run, located in Lincoln County.
Source: SDC Supp 1960, § 25.1311 as enacted by SL 1966, ch 73, § 2; SL 1968, ch 106; SL 1972, ch 229; SL 1973, ch 271; SL 1997, ch 238, § 1; SL 2001, ch 237, § 1; SL 2013, ch 214, § 1.
41-17-1.1. Rules for administration, management, and development of state park system--Violation as misdemeanor.
The Game, Fish and Parks Commission may adopt such rules as may be necessary to establish uniform procedures for the administration, management, and development of the state park system. The state park system includes all lands and waters owned, leased, or controlled by the Department of Game, Fish and Parks and designated as a state park, a state recreation area, a state nature area, a state lakeside use area, or a state recreational trail. Such rules may be adopted in the following areas:
(1) Management and control of public use of all lands, structures, and waters in the state park system;
(2) Issuance, display, inspection, and expiration of park entrance licenses;
(3) Management, control, and protection of the natural, historical, archaeological, and geological resources in the state park system, if the rules do not conflict with chapters 1-19A and 1-20;
(4) Management, control, and protection of wild and domestic animals in the state park system;
(5) Regulate the operation of all vehicles, on and off roads, in the state park system;
(6) Granting, termination, management, and development of easements, leases, or permits authorizing the commercial or noncommercial use of land, buildings, cabins, mobile homes, and docks or dock systems in the state park system;
(7) Issuance and administration of camping permits and the establishment and collection of fees for camping permits and for other park services in the state park system, if the fees and procedures are not set by statute;
(8) Control and prohibit the type, location and use of uncased firearms and bows in the state park system;
(9) Fees for licenses to permit the harvest within Custer State Park of surplus animals including but not limited to mountain goat, bighorn sheep, elk, bison, and coyote;
(10) Fees for special events held within a unit of the state park system.
The rules shall be adopted pursuant to chapter 1-26 and shall be in accordance with the provisions of this chapter. A violation of the substantive provision of any rule authorized by this chapter relating to prohibited use of lands, structures, buildings, cabins, mobile homes, docks, waters, and resources in the state park system, park entrance license and camping permit requirements, regulation of wild and domestic animals in the state park system, prohibited operation of vehicles within the state park system, and prohibitions of the use of firearms and bows in the state park system is a Class 2 misdemeanor. If the same incident is a violation of statute and of the rules authorized by this chapter, only the penalty authorized for the violation of the statute may be imposed.
Source: SL 1984, ch 273, § 1; SL 1988, ch 340, § 1; SL 1993, ch 316, § 1; SL 1994, ch 324, § 1, 2.
41-17-2. Legislative adoption required for new state park.
No state park may hereafter be designated or created except by the designation and creation as a state park by the Legislature.
Source: SDC Supp 1960, § 25.1311 as enacted by SL 1966, ch 73, § 2; SL 2009, ch 206, § 97.
41-17-3. Repealed by SL 2012, ch 201, § 5.
41-17-4. Construction and acquisition of recreational facilities within parks and recreational areas.
The Department of Game, Fish and Parks may, with the approval of the Governor and commissioner of human resources and administration, purchase, construct, or otherwise acquire, or contract for the feasibility survey, construction, completion, equipping, or furnishing of any recreational or parks facility within any state park or state recreation area if the Game, Fish and Parks Commission deems the facility to be necessary and feasible.
Source: SL 1959, ch 108, § 3; SDC Supp 1960, § 25.0127; SL 1970, ch 241, § 1; SL 2009, ch 206, § 98; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
41-17-5. Revenue bonds authorized for recreational facilities in parks--Terms of bonds--Maximum amount.
To accomplish the provisions and purposes of § 41-17-4, the Department of Game, Fish and Parks may issue revenue bonds in such amounts as the Game, Fish and Parks Commission deems necessary. The bonds shall be authorized by resolution of the commission and approved by the Governor. The bonds may be at the option of the commission callable for payment before maturity; and the call provision, if any, shall be stated in the bond. The face amount of any bond authorized pursuant to this section may not exceed the sum of two million dollars. The bonds, subject to the provisions of the resolution or a subsequent resolution, may:
(1) Be issued in one or more series;
(2) Bear a date specified in the resolution;
(3) Mature at a time specified in the resolution not exceeding twenty years from the date;
(4) Be in a form and be executed in a manner specified in the resolution;
(5) Be payable in a medium and at a place specified in the resolution;
(6) Be subject to terms of redemption specified in the resolution; and
(7) Contain terms, covenants, and conditions as specified in the resolution.
Source: SL 1959, ch 108, §§ 4, 6; SDC Supp 1960, §§ 25.0128, 25.0129; SL 1970, ch 241, § 2; SL 2009, ch 206, § 99.
41-17-6. Pledge of revenues as security for bonds--Apportionment of revenue when existing facilities improved.
The Game, Fish and Parks Commission may pledge park license receipts and any revenues derived from the operation of any recreational facility constructed with income derived from the issuance of the bonds authorized pursuant to § 41-17-5 as security for any bonds issued under § 41-17-5. If any existing recreational facility is reconstructed, reequipped, refurnished, or otherwise improved with income derived from the issuance of revenue bonds, the value of the original facility and the value of the improvement shall be appraised and fixed. All revenue derived from the facility and the improvement shall be apportioned on the basis of the value of the original facility and the value of the improvement. Only that portion of the revenue representing the amount that the improvement bears to the whole may be pledged as security for any bonds issued under § 41-17-5.
Source: SL 1959, ch 108, § 4; SDC Supp 1960, § 25.0128; SL 1970, ch 241, § 3; SL 2009, ch 206, § 100.
41-17-7. Bond recital as to sources of payment--Disclaimer of state obligation.
All bonds issued under the authority of this chapter shall recite in substance that such bonds and interest thereon are payable solely from the revenues pledged to the payment thereof and that such bonds do not constitute a debt of the State of South Dakota within the meaning of any constitutional or statutory limitation.
Source: SL 1959, ch 108, § 5; SDC Supp 1960, § 25.0129.
41-17-8. Sale of revenue bonds--Terms--Negotiability.
Bonds issued under the authority of this chapter may be sold in a manner and upon terms as the Game, Fish and Parks Commission may determine to be for the best interest of the state. All bonds issued hereunder shall have all the qualities of negotiable instruments.
Source: SL 1959, ch 108, § 4; SDC Supp 1960, § 25.0128; SL 1970, ch 241, § 4; SL 1983, ch 28, § 53.
41-17-9. Bond obligation restricted to revenues pledged.
No bond, indebtedness, or obligation incurred or created under the authority of this chapter constitutes a lien, charge, or liability against the State of South Dakota, nor against the Game, Fish and Parks Commission, nor against the property or funds of this state except to the extent of the income authorized in § 41-17-6 to be pledged.
Source: SL 1959, ch 108, § 5; SDC Supp 1960, § 25.0129; SL 2009, ch 206, § 101.
41-17-10. Assistance in maintenance of Custer County schools--Maximum amounts.
The Department of Game, Fish and Parks may assist in maintaining schools within Custer County and may pay for such assistance out of any funds available. Payment of such funds by the department may not exceed, for each pupil who attends public school within the county and who is a resident of Custer State Park, the most recent annual average per pupil cost within the school district involved, as reported by the Department of Education, less all receipts accrued for school purposes within Custer State Park.
Source: SDC Supp 1960, § 25.1321 as enacted by SL 1966, ch 73, § 2; SL 1970, ch 242; SL 2009, ch 206, § 102.
41-17-11. Agreements for use of Custer State Park by National Guard--Lease authorized.
The Department of Game, Fish and Parks may enter into an agreement with the adjutant general of the South Dakota National Guard whereby a part of the Custer State Park may be used as a cantonment area for the National Guard. Any such agreement shall be approved by the Governor and filed with the commissioner of school and public lands. The authority provided in this section includes entering into a long term lease agreement or permit for the construction and maintenance of a permanent cantonment area in Custer State Park.
Source: SL 1964, ch 80; SL 2009, ch 206, § 103.
41-17-12. New highways, roads, and trails in state parks--Violation as misdemeanor.
No highways, roads, or trails may be built in any state park except such as are designated by the Game, Fish and Parks Commission. A violation of this section is a Class 2 misdemeanor.
Source: SDC Supp 1960, § 25.1318 as enacted by SL 1966, ch 73, § 2; SL 1991, ch 337, § 87.
41-17-13. Park license--Lakeside use and state recreation areas--Fees--Promulgation of rules.
A park license may be required to permit a motor vehicle and the occupants entry into any state park, except Bear Butte when used by individuals participating in a religious activity, and into any of the following lakeside use or state recreation areas:
(1) Angostura;
(2) American Creek;
(3) Big Sioux;
(4) Bob's Landing;
(5) Burke Lake;
(6) Buryanek;
(7) Bush's Landing;
(8) Chief White Crane;
(9) Cow Creek;
(10) Dodge Draw;
(11) Downstream below Oahe Dam;
(12) East Shore;
(13) East Whitlock;
(14) Farm Island;
(15) Indian Creek;
(16) Lake Alvin;
(17) Lake Cochrane;
(18) Lake Hiddenwood;
(19) Lake Louise;
(20) Lake Poinsett;
(21) Lake Thompson;
(22) Lake Vermillion;
(23) Lewis and Clark Lake's Gavins Point unit, the Midway unit, and the Yankton unit;
(24) Little Bend;
(25) Llewellyn Johns;
(26) Mina Lake;
(27) North Point;
(28) North Wheeler;
(29) Okobojo Point;
(30) Peoria Flats;
(31) Pease Creek;
(32) Pelican Lake;
(33) Pickerel Lake;
(34) Pierson Ranch;
(35) Platte Creek;
(36) Randall Creek;
(37) Revheim Park;
(38) Richmond Lake;
(39) Rocky Point;
(40) Sandy Shore;
(41) Shadehill;
(42) Snake Creek;
(43) South Shore;
(44) Spillway at Fort Randall Dam;
(45) Spring Creek;
(46) Springfield;
(47) Sutton Bay;
(48) Swan Creek;
(49) Tailrace at Fort Randall Dam;
(50) Walker's Point;
(51) Walth Bay;
(52) West Bend;
(53) West Chamberlain;
(54) West Pollock;
(55) West Shore;
(56) West Whitlock; and
(57) Whetstone Bay.
The Game, Fish and Parks Commission shall, by rules promulgated pursuant to chapter 1-26, set annual and daily license fees for entry into a state park, lakeside use area, or state recreation area.
The commission shall, by rules promulgated pursuant to chapter 1-26, establish a system by which an individual may purchase a second license each year for one-half the price of the first license.
The department shall deposit all fees collected pursuant to this section in the parks and recreation fund established in § 41-17-21.
Source: SDC 1939, § 25.0302 as added by SL 1967, ch 81, § 1; SL 1969, ch 96, § 1; SL 1972, ch 228, § 1; SL 1975, ch 265; SL 1977, ch 333, § 1; SL 1978, ch 299, § 1; SL 1980, ch 289, § 1; SL 1983, ch 27, § 8; SL 1984, ch 29, § 8; SL 1984, ch 273, § 4; SL 1984, ch 275, § 1; SL 1988, ch 341, § 1; SL 1990, ch 338; SL 1991, ch 346; SL 1994, ch 325; SL 1997, ch 238, § 2; SL 1999, ch 215, § 1; SL 2000, ch 211, § 1; SL 2002, ch 196, § 1; SL 2004, ch 334, § 9; SL 2005, ch 228, § 1; SL 2024, ch 174, § 1.
41-17-13.2. Exemptions from park license requirement.
A park license is not required:
(1) For any motor vehicle used on official business and owned or leased by the state or its political subdivisions or by the United States government;
(2) For commercial vehicles being used for the transportation of property or in the performance of services in the course of commerce;
(3) During a time of the year other than the park season as set by the Game, Fish and Parks Commission; or
(4) In Custer State Park, for motor vehicles engaged in through traffic using no park facilities other than traveling upon U.S. Highway 16A.
Source: SL 1969, ch 96, § 2; SDCL Supp, § 41-17-13.1; SL 1972, ch 228, § 2; SL 1985, ch 15, § 58; SL 1996, ch 255, § 3.
41-17-13.3. Campground permit or charges not included in park license.
Purchase of a park license does not exempt the buyer from payment for campground permits or service charges.
Source: SL 1972, ch 228, § 3; SL 2009, ch 206, § 104.
41-17-13.4. Free admission and reduced fees for certain veterans.
Any South Dakota resident who receives a veteran allotment for a total disability which is deemed a service-connected injury or has received the United States Veterans' Administration K Award; any resident who was held as a prisoner of war; or any resident who has served on active duty in the armed forces of the United States or as a member of the armed forces reserve or the national guard who is classified by the Veterans Administration as totally disabled as a result of a service connected injury may obtain free admission to any South Dakota state park or recreation area, and any such person may receive a fifty percent discount on any camping fee or associated electrical service fee established pursuant to § 41-17-1.1 or 41-17-14.1. Any person who applies for and qualifies for free admission under the provisions of this section shall be issued a lifetime park entrance license by the Department of Game, Fish and Parks. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 establishing criteria and procedures for obtaining free admission and reduced fees pursuant to this section and for the issuance of a lifetime park entrance license.
Source: SL 1991, ch 344; SL 1993, ch 309, § 2; SL 2009, ch 213, § 1.
41-17-14. Use of fees from park licenses--Land purchase prohibited.
The total net receipts from license fees under § 41-17-13 shall be deposited in the parks and recreation fund established by § 41-17-21 and be used by the Game, Fish and Parks Commission for operating and maintaining the existing state park system as defined in § 41-17-1.1 in such a manner as to advance and promote the tourist industry in South Dakota. No portion of the moneys raised by these fees may be used to purchase land for park sites.
Source: SDC 1939, § 25.0302 as added by SL 1967, ch 81, § 1; SL 1969, ch 96, § 1; SL 1977, ch 333, § 2; SL 1983, ch 27, § 9; SL 1984, ch 273, § 5; SL 2004, ch 334, § 10.
41-17-14.1. Camping permits--Issuance--Use of fees.
The Department of Game, Fish and Parks may issue permits for camping in the state park system. The camping permits shall be issued according to rules adopted pursuant to § 41-17-1.1. Fees collected for camping permits shall be deposited in the parks and recreation fund established by § 41-17-21. The funds shall be used for development, capital improvement, operating, and maintaining the state park system as defined in § 41-17-1.1. No portion of the moneys raised by these fees may be used to purchase land for park sites.
Source: SL 1977, ch 334; SL 1984, ch 273, § 6; SL 2004, ch 334, § 11.
41-17-15. Deposit and use of park service fees.
All income realized from the collection of park service fees established by rules adopted pursuant to § 41-17-1.1 shall be deposited in the parks and recreation fund established by § 41-17-21. The income shall be expended by the Department of Game, Fish and Parks only for the improvement and development of the state parks, or in payment of any revenue bond issued under the provisions of this chapter.
Source: SL 1959, ch 108, § 2; SDC Supp 1960, § 25.0126; SL 1984, ch 273, § 7; SL 2004, ch 334, § 12.
41-17-18. Hunting and trapping in Custer State Park as misdemeanor.
It is a Class 1 misdemeanor for any person to hunt, trap, kill, or capture game animals, bison, or game birds within the boundaries of the Custer State Park, except in accordance with rules adopted pursuant to § 41-17-1.1 by the Game, Fish and Parks Commission.
Source: SDC 1939, § 55.9928; SL 1939, ch 96, § 4; SDC Supp 1960, § 25.1314 as enacted by SL 1966, ch 73, § 2; SL 1977, ch 190, § 612; SL 1984, ch 273, § 10.
41-17-18.1. Permitting dogs at large as misdemeanor.
Any person who permits a dog to run at large in a state park is guilty of a Class 2 misdemeanor.
Source: SDC Supp 1960, § 25.1315 as enacted by SL 1966, ch 73, § 2; SDCL, § 41-17-17; SL 1968, ch 107; SL 1977, ch 190, § 611.
41-17-21. Parks and recreation fund created--Expenditure.
There is created in the state treasury the parks and recreation fund. The parks and recreation fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of game, fish and parks.
Source: SL 1984, ch 273, § 3.
41-17-22.1. Imposition of promotion fee on concessionaires--Exemption from taxation--Deposit and use.
In concessionaire leases for Custer State Park and the Yankton unit of Lewis and Clark State Recreation Area, the Department of Game, Fish and Parks shall provide for and impose upon the concessionaire and sub-concessionaires a promotion fee which may not exceed three percent of the gross receipts of all of its sales within Custer State Park and the Yankton unit of Lewis and Clark State Recreation Area of tangible personal property consisting of goods, wares, merchandise, and gross receipts of any service or accommodations provided by concessionaire or sub-concessionaires in Custer State Park and the Yankton unit of Lewis and Clark State Recreation Area with the exception of any sales of lottery tickets made as part of a lottery operated by South Dakota. Concessionaires or sub-concessionaires may add the promotion fee imposed by this section and Department of Game, Fish and Parks to the price of their product or service. The promotion fee is not subject to retail sales or service taxes imposed by chapter 10-45. The revenue from the promotion fee collected in Custer State Park shall be used by the department to market and promote the facilities, attractions, and activities of Custer State Park. The revenue from the promotion fee collected in Lewis and Clark Recreation Area shall be deposited in the parks and recreation fund established by § 41-17-21 to be used by the department to market and promote the facilities, attractions, and activities of the Yankton unit of Lewis and Clark State Recreation Area.
Source: SL 1989, ch 360, § 1; SL 2004, ch 334, § 14.
41-17-22.2. Classification of concession rights, privileges, and leasehold interest for taxation--Exemptions.
All concession rights, privileges, and leasehold interests of any person in property owned or managed as a unit of the state park system as defined in § 41-17-1.1 is hereby classified for the purpose of taxation and is exempt from property taxation. This section does not exempt privately owned property or privately owned improvements located within the state park system.
Source: SL 1989, ch 360, § 2.
41-17-22.4. Procedure for sale, assignment, or transfer of concessionaire leases.
In any concessionaire lease of property located in Custer State Park, the Game, Fish and Parks Commission shall require in the lease that if the concessionaire wants to sell, transfer, convey, or assign the concessionaire's interest in the leasehold, the commission shall publish and provide for a prospectus advertising the leasehold and intent to transfer. The commission shall then select from any interested persons a successor concessionaire that the commission deems most qualified.
If the concessionaire and successor agree upon terms and conditions of the transfer, which shall be agreed to in writing within a time period to be set by the commission, but no longer than six months, the commission may approve and consent to the assignment.
If there is no agreement in writing within the specified period of time, the commission, if the concessionaire still wants to sell, transfer, convey, or assign its interest in the leasehold, shall provide for another prospectus as provided in this section and follow the same procedures set forth in this section until a successor concessionaire and present concessionaire agree upon terms and conditions of a transfer but for no longer period of time than the duration of the leasehold.
Source: SL 1989, ch 362, § 7A; SL 2009, ch 206, § 106.
41-17-22.5. Custer State Park bond redemption fund created--Expenditures.
There is hereby created in the state treasury the Custer State Park concession bond redemption fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Game, Fish and Parks. Expenditures or transfers from the fund may only be made to make bond payments, to reimburse the general fund for bond payments made pursuant to SL 1989, ch 362 or for maintenance and renovation of state-owned concession facilities at Custer State Park.
Source: SL 1989, ch 362, § 8.
41-17-22.6. Amount of revenue from concession contracts deposited in Custer State Park fund.
The first one hundred thousand dollars of revenue from the concession contracts at Custer State Park in each fiscal year shall be deposited in the Custer State Park fund. Any state revenue from concession contracts at Custer State Park in addition to one hundred thousand dollars in a fiscal year shall be deposited in the Custer State Park concession bond redemption fund created by § 41-17-22.5.
Source: SL 1989, ch 362, § 9.
41-17-23. Grazing on state park or game preserve without permit as misdemeanor.
It is a Class 2 misdemeanor for any person owning, having charge of, or possessing any horses, mules, cattle, goats, sheep, swine, or other domestic grazing animals, to cause or permit such animals to enter or graze upon any state park or game preserve within this state, except on permits issued by the Department of Game, Fish and Parks or other governing body.
Source: SDC Supp 1960, § 25.1316 as enacted by SL 1966, ch 73, § 2; SDCL § 41-16-4; SL 1977, ch 190, § 606; SL 2009, ch 206, § 107.
41-17-24. Failure to close gate in park or game preserve as misdemeanor.
It is a Class 2 misdemeanor for any person passing or driving any animal or conveyance through any gate located within or upon the borders of any state or federal park or game preserve within this state to fail to close and securely fasten such gate immediately after such passage.
Source: SDC Supp 1960, § 25.1317 as enacted by SL 1966, ch 73, § 2; SDCL, § 41-16-5; SL 1977, ch 190, § 607.
41-17-26. Department required to fence land used for rails to trails program.
The Game, Fish and Parks Department shall, unless otherwise agreed to by the adjoining landowner, construct a fence upon the boundaries of any property interest the state of South Dakota possesses along any railroad right-of-way acquired pursuant to the rails to trails program authorized by the National Trails System Act prior to development and use of the right-of-way as a public trail. After construction, the adjoining landowner shall have responsibility to maintain the fence and request materials from the Game, Fish and Parks Department which are reasonably needed to repair the fence.
Source: SL 1991, ch 345.
41-17-27. Certain motor vehicles prohibited from Black Hills Burlington Northern Heritage Trail--Violation as misdemeanor.
No person may operate any motorized vehicle within the right-of-way of the Black Hills Burlington Northern Heritage Trail. The provisions of this section do not apply to:
(1) Any person operating a snowmobile, from December first to March thirty-first, inclusive, on the trail from Lead/Deadwood south to the Dumont trailhead, excluding the portion of the right-of-way crossing the subdivisions known as Englewood Acres and Black Forest Ranchettes;
(2) Any governmental employee while in the performance of his official duty;
(3) Any member of an organized rescue or fire fighting force while in the performance of his official duty;
(4) Any person whose use is authorized for other than recreational purposes by the Department of Game, Fish and Parks under a permit, lease, or contract; and
(5) Any person operating a self-propelled wheelchair.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1992, ch 302.
41-17-28. Golf carts used within state parks or recreation areas.
The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26, to permit the use of golf carts on roads within state parks and state recreation areas that are designated by the commission to be used by golf carts. The rules shall require that the golf cart is insured as a motor vehicle by one of the methods provided by § 32-35-113, has a rearview mirror, and has functioning headlights, and brake lights. The commission may also, by a rule, require the golf cart to display a valid park entrance license. Any person operating a golf cart on any such designated road shall hold a valid driver license.
Source: SL 2013, ch 215, § 1.
