South Dakota Codified Laws
Chapter 35 - Range And Forest Fire Prevention
Section 34-35-16 - Permit required for open fire in Black Hills district--Violation as misdemeanor--Liability for civil damages.

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.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 35 - Range And Forest Fire Prevention

Section 34-35-1 - Construction of fireguards.

Section 34-35-2 - Tax levy to defray expenses of fireguards.

Section 34-35-3 - Entry on private land to construct fireguards.

Section 34-35-6 - Fireguards not in organized townships.

Section 34-35-7 - Expense of fireguard upon township line.

Section 34-35-8 - Throwing match or burning object from vehicle as misdemeanor.

Section 34-35-9 - Negligently allowing fire to spread as misdemeanor--Failure to extinguish fire--Interference with control efforts.

Section 34-35-10 - Burning off land or other flammable material without firebreak or considering weather a misdemeanor.

Section 34-35-12 - Civil liability for fire.

Section 34-35-12.1 - Liability for suppression and extinguishment costs collectable by secretary of public safety.

Section 34-35-13 - Sheriff's investigation of violations--Prosecution by state's attorney.

Section 34-35-14 - Possessory claim supporting recovery of fire damages.

Section 34-35-15 - Black Hills Forest Fire Protection District--Area included.

Section 34-35-15.1 - Sellers of fireworks or pyrotechnics in business before July 1, 2007 not subject to Black Hills district boundary change.

Section 34-35-16 - Permit required for open fire in Black Hills district--Violation as misdemeanor--Liability for civil damages.

Section 34-35-17 - Issuance of permit for open fire in Black Hills district--Conditions.

Section 34-35-18 - Setting fires for forest and range management.

Section 34-35-19 - Promulgation of rules by secretary.

Section 34-35-20 - Interstate compact for the prevention and control of forest fires.

Section 34-35-21 - Explosive firearm targets prohibited in Black Hills Forest Fire Protection District--Violation as misdemeanor--Liability for damages.