CHAPTER 41-20
FORESTRY
41-20-1 41-20-1 to 41-20-6. Repealed by SL 2013, ch 196, §§ 1, 2.
41-20-7 41-20-7. Repealed by SL 1986, ch 360
41-20-8 41-20-8 to 41-20-8.3. Repealed by SL 2013, ch 196, § 2.
41-20-8.4 41-20-8.4 to 41-20-8.8. Repealed by SL 2012, ch 23, § 10.
41-20-9 41-20-9 to 41-20-13. Repealed by SL 2013, ch 196, § 2.
41-20-14 Definitions.
41-20-15 Promulgation of rules.
41-20-16 State forester--Qualifications and authority.
41-20-17 Duties of state forester.
41-20-18 Assistance in management and protection of forestland, woodland, shelterbelt, and rangeland.
41-20-19 Assistance in tree planting.
41-20-20 Preference to trees and seeds grown in state and to state dealers.
41-20-21 41-20-21. Repealed by SL 2015, ch 204, § 31.
41-20-22 Forestry fund.
41-20-23 Conservation and development of forests and timber.
41-20-24 Control and mitigation of damage by forest insects and diseases.
41-20-25 Entry on private land to locate forest insect or disease infestation.
41-20-26 Reimbursement of landowner for control measures.
41-20-27 Infestation control by state forester--Cost charged to landowner.
41-20-28 Certification and collection of costs as taxes.
41-20-8.4 to 41-20-8.8. Repealed by SL 2012, ch 23, § 10.
41-20-14. Definitions.
Terms used in this chapter, mean:
(1) "Certificate of treatment," a written statement by the state forester certifying treatment of a forest insect or disease infestation on private land and containing information on the number of trees treated, location of the trees, ownership of the land, the cost of treatment, and other pertinent information;
(2) "Declared forest insect or disease emergency," any state of forest insect or disease infestation or infection deemed a serious threat to the forest or tree resource by the state forester of South Dakota;
(3) "Privately owned forestland," any land not in government ownership that is at least ten percent stocked with trees and is outside the limits of any incorporated municipality;
(4) "State forester," the state forester of South Dakota, his or her assistants, employees, or designated agents.
Source: SL 2013, ch 196, § 5.
41-20-15. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 concerning:
(1) The establishment of a register of qualified professional foresters for the referral of timber sale assistance requests;
(2) Provisions for the removal of foresters from the register;
(3) Establishment of a forest insect and disease control area;
(4) Landowner notification of forest insect and disease infestation and timetable for control; and
(5) Provisions for reimbursing landowners for control costs.
Source: SL 2013, ch 196, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-16. State forester--Qualifications and authority.
The Department of Agriculture and Natural Resources shall employ a state forester who shall be qualified for and authorized to carry out all the activities necessary for the management, protection, harvest, and sale of timber for all interested state agencies.
Source: SL 2013, ch 196, § 7; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-17. Duties of state forester.
The state forester, under the direction of the Department of Agriculture and Natural Resources, shall administer and enforce all state laws with reference to forests, woodlands, trees, and tree plantations, public and private, and shall provide for their health and protection from trespass, and other damaging influences.
Source: SL 2013, ch 196, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-18. Assistance in management and protection of forestland, woodland, shelterbelt, and rangeland.
The state forester, with the sanction of the Department of Agriculture and Natural Resources, may, upon request, assist and cooperate with any agency of the United States government; all state, county, and municipal agencies; and with any corporation, association, partnership, or individual owning or controlling any forestland, woodland, shelterbelt, or rangeland in the management and protection of such forestland, woodland, shelterbelt, or rangeland, including:
(1) Preparation of plans for management and protection of forest health including during a declared forest insect or disease emergency;
(2) Management, surveying, harvesting, marketing, and processing of forest products; and
(3) Collection of receipts from the sale of federal timber and depositing them in the forestry fund as provided in § 41-20-22.
In providing timber sale assistance pursuant to subdivisions (1) and (2) of this section, on private lands, the state forester shall determine that such assistance is not reasonably available through a consulting forester. If the assistance is determined to be unavailable from a consulting forester, the state forester may provide the assistance after courtesy notification to private industrial foresters. However, the assistance provided is limited to thirty man-days over a period of six years per individual owner.
Source: SL 2013, ch 196, § 9; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2022, ch 160, § 1.
41-20-19. Assistance in tree planting.
The state forester shall cooperate with the secretary of the United States Department of Agriculture in providing assistance to owners of land in tree planting and in the procurement of forest, ornamental, and fruit trees, seeds, and plants so that the seeds or plants are used effectively for planting trees for domestic, agricultural, and industrial purposes.
Source: SL 2013, ch 196, § 10; SL 2015, ch 203, § 22.
41-20-20. Preference to trees and seeds grown in state and to state dealers.
In all purchases of seeds or trees under the provisions of § 41-20-19, preference shall be given to trees and tree seeds grown in this state and to South Dakota dealers.
Source: SL 2013, ch 196, § 11; SL 2015, ch 203, § 23.
41-20-22. Forestry fund.
There is continued the forestry fund which is in addition to any fund which may be made available by appropriation to the Department of Agriculture and Natural Resources for the operation of forestry programs. The fund shall consist of funds coming to the Department of Agriculture and Natural Resources that are available to the department for the operation of forestry programs. All money in the fund is annually appropriated to be disbursed by the Department of Agriculture and Natural Resources as provided by law. The money in the fund shall be used for necessary purposes and shall be expended upon warrants drawn by the state auditor on vouchers approved by authorized personnel.
Source: SL 2013, ch 196, § 13; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-23. Conservation and development of forests and timber.
The Department of Agriculture and Natural Resources shall conserve, protect, improve, develop, and increase trees and forests and wood and timber products on state-owned lands, and cooperate with the United States, any agency of the United States, or with any other department, public corporation, or person of this state in such forestry activities on state-owned lands or on lands of the cooperator.
Source: SL 2013, ch 196, § 14; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-24. Control and mitigation of damage by forest insects and diseases.
The Department of Agriculture and Natural Resources, through the state forester, may take action to control or mitigate the damage caused by forest insects and diseases on all state and privately owned forestlands or privately owned lands, and to establish the maximum state-federal cost share assistance available to private landowners for such control measures.
Source: SL 2013, ch 196, § 15; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-25. Entry on private land to locate forest insect or disease infestation.
The state forester may enter upon or cross any privately owned forestland or privately owned land for the purpose of surveying for and locating a forest insect or disease infestation. Upon finding any such forest insect or disease infestation, the state forester shall notify the landowner in writing of the presence of the infestation and establish a length of time in which the landowner may control the infestation. The state forester shall further advise the landowner of any acceptable methods and means of effectively controlling the infestation.
Source: SL 2013, ch 196, § 16.
41-20-26. Reimbursement of landowner for control measures.
If a landowner effectively controls an infestation on the landowner's property to the satisfaction of the state forester within the time specified upon notification, the landowner may be reimbursed an amount not to exceed the total cost of the suppression measures based on average values for each control measure as determined by the state forester. Control measures implemented by private landowners may only be reimbursed by the state forester if funds are made available for this purpose by Legislature.
Source: SL 2013, ch 196, § 17.
41-20-27. Infestation control by state forester--Cost charged to landowner.
If a landowner fails to effectively control an infestation on the landowner's lands to the satisfaction of the state forester in the specified time, the state forester may to go upon the landowner's property to effectively control the infestation by whatever methods or means the state forester deems appropriate, in which case, the total costs incurred by the state forester shall be charged to the landowner, subtracting any cost share assistance that may be available through the state forester.
Source: SL 2013, ch 196, § 18.
41-20-28. Certification and collection of costs as taxes.
Failure on the part of a landowner to pay to the state in one year's time any amount due and owing under the provisions of this chapter is cause for the state forester to file a certificate of treatment with the county auditor of the county in which the land is located, and the amount shall be collected as taxes are collected.
Source: SL 2013, ch 196, § 19.
