CHAPTER 34-35
RANGE AND FOREST FIRE PREVENTION
34-35-1 Construction of fireguards.
34-35-2 Tax levy to defray expenses of fireguards.
34-35-3 Entry on private land to construct fireguards.
34-35-4 34-35-4, 34-35-5. Repealed by SL 2014, ch 48, §§ 24, 25.
34-35-6 Fireguards not in organized townships.
34-35-7 Expense of fireguard upon township line.
34-35-8 Throwing match or burning object from vehicle as misdemeanor.
34-35-9 Negligently allowing fire to spread as misdemeanor--Failure to extinguish fire--Interference with control efforts.
34-35-10 Burning off land or other flammable material without firebreak or considering weather a misdemeanor.
34-35-11 34-35-11. Repealed by SL 1977, ch 190, § 94.
34-35-12 Civil liability for fire.
34-35-12.1 Liability for suppression and extinguishment costs collectable by secretary of public safety.
34-35-13 Sheriff's investigation of violations--Prosecution by state's attorney.
34-35-14 Possessory claim supporting recovery of fire damages.
34-35-15 Black Hills Forest Fire Protection District--Area included.
34-35-15.1 Sellers of fireworks or pyrotechnics in business before July 1, 2007 not subject to Black Hills district boundary change.
34-35-16 Permit required for open fire in Black Hills district--Violation as misdemeanor--Liability for civil damages.
34-35-17 Issuance of permit for open fire in Black Hills district--Conditions.
34-35-18 Setting fires for forest and range management.
34-35-19 Promulgation of rules by secretary.
34-35-20 Interstate compact for the prevention and control of forest fires.
34-35-21 Explosive firearm targets prohibited in Black Hills Forest Fire Protection District--Violation as misdemeanor--Liability for damages.
34-35-1. Construction of fireguards.
The electors at the annual meeting of an organized civil township may authorize the township board of supervisors to construct, or to have constructed, fireguards around all or a portion of the township or each way across the center of the township, as deemed necessary for fire protection.
Source: SL 1893, ch 91, § 1; RPolC 1903, § 1131; SL 1905, ch 111; SL 1915, ch 193; RC 1919, § 6128; SDC 1939, § 58.1001; SL 2014, ch 48, § 21.
34-35-2. Tax levy to defray expenses of fireguards.
The electors at the annual meeting may vote a tax, in addition to the amount levied for other purposes, upon the real property, including railroads within the area, embraced by the fireguards, for the purpose of defraying the necessary expenses of the fireguards.
Source: SL 1893, ch 91, § 1; RPolC 1903, § 1131; SL 1905, ch 111; SL 1915, ch 193; RC 1919, § 6128; SDC 1939, § 58.1001; SL 2014, ch 48, § 22.
34-35-3. Entry on private land to construct fireguards.
For the purpose of constructing fireguards the township supervisors or the persons employed by them for that purpose may, with the consent of the owner, enter upon land adjacent to the right of way and construct fireguards upon the real estate of a private person.
Source: SL 1893, ch 91, § 2; RPolC 1903, § 1132; SL 1905, ch 111; RC 1919, § 6129; SDC 1939, § 58.1002; SL 2014, ch 48, § 23.
34-35-6. Fireguards not in organized townships.
In counties containing areas not embraced in any civil township, fireguards as described in § 34-35-1 may be constructed under the supervision of the board of county commissioners and the cost of the fireguards met by special levy upon the real property, including railroads, within the area embraced by the fireguards.
Source: SL 1893, ch 91, § 3; RPolC 1903, § 1133; SL 1905, ch 111; RC 1919, § 6130, SDC 1939, § 58.1003; SL 2014, ch 48, § 26.
34-35-7. Expense of fireguard upon township line.
The expense of making any fireguard running upon or adjacent to the township line shall be borne equally by the two townships between which the fireguard is made.
Source: SL 1893, ch 91, § 4; RPolC 1903, § 1134; SL 1905, ch 111; RC 1919, § 6131; SDC 1939, § 58.1004; SL 2014, ch 48, § 27.
34-35-8. Throwing match or burning object from vehicle as misdemeanor.
Any person who shall drop or throw from any vehicle or other means of transportation any burning match, cigarette, cigar, ashes of pipe, or other burning substance of any kind is guilty of a Class 2 misdemeanor.
Source: SL 1937, ch 94; SDC 1939, § 13.1613; SL 1977, ch 190, § 91.
34-35-9. Negligently allowing fire to spread as misdemeanor--Failure to extinguish fire--Interference with control efforts.
Every person who negligently kindles or causes to be kindled, fire in any woods, brush, fields, marshes, or prairies and leaves it unquenched or who negligently or without full precaution to prevent fire spreading permits it to spread beyond his control so as to endanger the property of another, whether such fire is kindled upon his own land or not, or who, finding any uncontrolled fire burning, fails to give immediate warning and to make reasonable attempt to quench it, or who at any fire at any place is guilty of any disobedience to the lawful orders of any public official or fireman attempting to control said fire, or who interferes with any such officer in any such case or refuses to assist in controlling said fire, is guilty of a Class 1 misdemeanor.
Source: PenC 1877, §§ 458 to 460; SL 1881, ch 106, § 1; 91887, ch 123, § 1; CL 1887, §§ 2398, 6659 to 6661; RPolC 1903, § 3158; RPenC 1903, §§ 472 to 474; SL 1917, ch 239, § 1; RC 1919, §§ 3982 to 3984, 10361; SL 1925, ch 255; SL 1937, ch 93; SL 1937, ch 97; SDC 1939, § 13.1612; SL 1977, ch 190, § 92.
34-35-10. Burning off land or other flammable material without firebreak or considering weather a misdemeanor.
It is a Class 1 misdemeanor to set or cause to be set on fire any woods, marsh, prairie, grass, or stubble land or any other inflammable material at any time of the year without first having in place a natural or manmade firebreak and without giving due caution to the prevailing and forecasted weather conditions.
Source: PenC 1877, ch 40, §§ 1, 2; CL 1887, §§ 2392, 2393; RPolC 1903, §§ 3152, 3153; RC 1919, §§ 10355, 10356; SDC 1939, §§ 20.0201, 20.0202, 20.9901; SL 1955, ch 66, §§ 1, 2; SDCL § 34-35-11; SL 1977, ch 190, § 93; SL 1980, ch 247, § 1; SL 1986, ch 288, § 1.
34-35-12. Civil liability for fire.
A person who sets a fire as provided in § 34-35-10 is liable for civil damages for all injury and fire suppression and extinguishment costs caused by the fire. For the purposes of this section, person includes but is not limited to public utilities, railroads, and private utilities.
Source: PenC 1877, ch 40, § 3; CL 1887, § 2394; RPolC 1903, § 3154; RC 1919, § 10357; SDC 1939, § 20.0203; SL 1955, ch 66, § 3; SL 1980, ch 247, § 2; SL 1986, ch 288, § 2; SL 1992, ch 251, § 1.
34-35-12.1. Liability for suppression and extinguishment costs collectable by secretary of public safety.
Any person who negligently causes a fire to be started or who does not take reasonable precautions to prevent a fire from spreading and permits a fire to spread beyond the person's control is liable for all fire suppression and extinguishment costs that were caused by the fire and that are collectable by the secretary of public safety under §§ 41-20A-6 and 41-20A-10. For purposes of this section, the term, person, includes public utilities, railroads, and private utilities.
Source: SL 1996, ch 217, § 1; SL 2002, ch 252 (Ex. Ord. 02-1), § 13; SL 2016, ch 182, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.
34-35-13. Sheriff's investigation of violations--Prosecution by state's attorney.
It shall be the duty of every county sheriff, whenever complaint is made to him of the violation of any provisions of § 34-35-10, to diligently investigate such charge or charges, to ascertain whether any of the provisions of said section have been violated and to make a full and complete report thereof to the state's attorney who shall diligently prosecute anyone violating any of the provisions of said section.
Source: SDC 1939, § 20.0208 as enacted by SL 1955, ch 66, § 7.
34-35-14. Possessory claim supporting recovery of fire damages.
In any action instituted in any court to recover damages for injury caused by the fire as provided in § 34-35-12 it is not necessary for any person injured by such fire to allege in a complaint, or prove on the trial of such action, title to the real property over which the fire has spread. It is sufficient in any such action to allege and prove that the person so injured was in the occupancy or possession of the property. In any action instituted in any court to recover fire suppression and extinguishment costs as provided in §§ 34-35-12 and 34-35-12.1, it is not necessary for the person or governmental entity providing fire suppression services to allege or prove that it was in occupancy or had any possessory interest in the property over which the fire has spread.
Source: SDC 1939, § 20.0207; SL 1992, ch 251, § 2; SL 1996, ch 217, § 2.
34-35-15. Black Hills Forest Fire Protection District--Area included.
To protect the timber on areas subject to unusual fire dangers, there is hereby created the Black Hills Forest Fire Protection District, consisting of all that part of the state described by metes and bounds as follows: Commencing at a point on the Wyoming-South Dakota state line at the junction of Interstate Highway 90 at the state line; thence east and southeast along Interstate Highway 90 via Rapid City to the intersection of U.S. Highway 16B; thence south and southwest along U.S. Highway 16B to the intersection of State Highway 79; thence south along State Highway 79 to the intersection of U.S. Highway 18; thence south along U.S. Highway 18 to the Cheyenne River; thence west and northwest along the Cheyenne River to the Wyoming-South Dakota state line; thence north along said state line to the place of beginning. The Black Hills Forest Fire Protection District does not include any area within the limits of any municipality.
Source: SDC Supp 1960, § 25.1304 as enacted by SL 1966, ch 73, § 2; SL 1992, ch 60, § 2; SL 1995, ch 199; SL 2007, ch 198, § 1.
34-35-15.1. Sellers of fireworks or pyrotechnics in business before July 1, 2007 not subject to Black Hills district boundary change.
Any person or commercial entity that, before July 1, 2007, was legally engaged in the retail sale, wholesale sale, storage, or transport of fireworks or pyrotechnics, or any successor to any such person or commercial entity, may continue to engage in any such sales, storage, or transport activity, notwithstanding any changes made to the boundaries of the Black Hills Forest Fire Protection District that take effect on July 1, 2007.
Source: SL 2007, ch 198, § 2.
34-35-16. Permit required for open fire in Black Hills district--Violation as misdemeanor--Liability for civil damages.
The starting of an open fire within the Black Hills Forest Fire Protection District by a person or a group of persons is prohibited unless a permit to do so is first obtained from the Department of Public Safety or from the United States Forest Service. An open fire as used in this section and § 34-35-17, is any fire to burn slash, brush, grass, stubble, debris, rubbish, or other inflammable material not enclosed in a stove, sparkproof incinerator, or an established fireplace approved or constructed by public agencies in designated recreation areas. A violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for civil damages for all injuries caused by the fire.
Source: SDC Supp 1960, §§ 25.1305, 25.1306 as enacted by SL 1966, ch 73, § 2; SL 1986, ch 289; SL 2002, ch 252 (Ex. Ord. 02-1), § 14; SL 2010, ch 178, § 1; SL 2015, ch 203, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.
34-35-17. Issuance of permit for open fire in Black Hills district--Conditions.
Any United States forest service supervisor or the secretary of agriculture and natural resources may issue a permit upon an application to any 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 may be revoked upon the change of climatic or other conditions which is determined to make the burning unsafe.
Source: SDC Supp 1960, § 25.1307 as enacted by SL 1966, ch 73, § 2; SL 2002, ch 252 (Ex. Ord. 02-1), § 15; SL 2015, ch 203, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. April 19, 2021.
34-35-18. Setting fires for forest and range management.
The secretary of agriculture and natural resources or his designee may set fires in woods or prairie for the purposes of forest and range management provided that he has reasonable forces and equipment available to suppress the spread of the fire.
Source: SL 1980, ch 247, § 3; SL 2002, ch 252 (Ex. Ord. 02-1), § 16; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
34-35-19. Promulgation of rules by secretary.
The secretary of public safety may promulgate rules pursuant to chapter 1-26 concerning:
(1) The permit application procedures;
(2) The conditions for awarding a permit;
(3) The provisions to carry out a safe open burn; and
(4) The procedures for appointing designees.
Source: SL 1986, ch 326, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.
34-35-20. Interstate compact for the prevention and control of forest fires.
The Governor of South Dakota may execute a compact on behalf of the state with any one or more states who may by their legislative bodies, authorize a compact, in form substantially as follows:
ARTICLE I
The purpose of this compact is to promote effective prevention and control of forest fires in the great plains region of the United States by the maintenance of adequate forest fire fighting services by the member states, and by providing for reciprocal aid in fighting forest fires among the compacting states of the region. Subject to the consent of the Congress of the United States, any province of Canada which is contiguous to a compact member state may become a party to this compact by taking such action as its laws and the laws of Canada prescribe for ratification. The term, state, in this compact includes within its meaning the term, province, and the procedures prescribed shall be applied to a province, in accordance with the forms and practices of the Canadian government.
ARTICLE II
This compact is operative immediately as to those states ratifying it if any two or more of the member states have ratified it.
ARTICLE III
In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control may act as compact administrator for that state and may consult with like officials of the other member states and may implement cooperation between the states in forest fire prevention and control. The compact administrators of the member states may organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact. Each member state may formulate and put in effect a forest fire plan for that state.
ARTICLE IV
If the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling, or preventing forest fires, the state forest fire control agency of that state may render all possible aid to the requesting agency, consonant with the maintenance of protection at home.
ARTICLE V
If the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of the state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges, and immunities as comparable employees of the state to which they are rendering aid.
No member state or its officers or employees rendering outside aid pursuant to this compact is liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection with rendering the outside aid.
All liability, except as otherwise provided in this compact, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving the aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request. However, nothing in this compact prevents any assisting member state from assuming such loss, damage, expense, or other cost or from loaning such equipment or from donating such services to the receiving member state without charge or cost.
Each member state shall assure that workers compensation benefits in conformity with the minimum legal requirements of the state are available to all employees and contract firefighters sent to a requesting state pursuant to this compact.
For the purposes of this compact the term, employee, includes any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws of the aiding state.
The compact administrators may formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.
ARTICLE VI
Ratification of this compact does not affect any existing statute so as to authorize or permit curtailment or diminution of the forest fighting forces, equipment, services, or facilities of any member state.
Nothing in the compact authorizes or permits any member state to curtail or diminish its forest fire fighting forces, equipment, services, or facilities. Each member state shall maintain adequate forest fire fighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative.
Nothing in this compact limits or restricts the powers of any state ratifying the compact to provide for the prevention, control, and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules, or regulations intended to aid in the prevention, control, and extinguishment in the state.
Nothing in this compact affects any existing or future cooperative relationship or arrangement between the United States Forest Service and a member state or states.
ARTICLE VII
Representatives of the United States Forest Service may attend meetings of the compact administrators.
ARTICLE VIII
The provisions of Articles IV and V of this compact that relate to reciprocal aid in combating, controlling, or preventing forest fires are operative as between any state party to this compact and any other state which is party to this compact and any other state that is party to a regional forest fire protection compact in another region if the Legislature of the other state has given its assent to the mutual aid provisions of this compact.
ARTICLE IX
This compact shall continue in force and remain binding on each state ratifying it until the Legislature or the Governor of the state takes action to withdraw from the compact. Such action is not effective until six months after notice of the withdrawal has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.
Source: SL 2006, ch 186, § 1; SL 2016, ch 182, § 3.
34-35-21. Explosive firearm targets prohibited in Black Hills Forest Fire Protection District--Violation as misdemeanor--Liability for damages.
No person may use a firearm target in the Black Hills Forest Fire Protection District if that target is designed to explode upon a bullet's impact. Any violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for any damages caused by a resulting fire. This section does not apply to any target used in a designated shooting range.
Source: SL 2014, ch 172, § 1.
