41-23-9. Petition to restrict recreational use of listed nonmeandered lake.
The commission shall promulgate rules, pursuant to chapter 1-26, to establish a process whereby an owner of private property underlying any nonmeandered lake listed in §41-23-8 may petition the commission to allow the owner of private property to restrict recreational use of the water overlying the owner's private property. The commission shall determine whether to grant, deny, or modify the petition. The commission shall consider privacy, safety, and substantially affected financial interests of the owner of the private property underlying the water, as well as history of use, water quality, water quantity, and the public's interest in recreational use of the water.
Source: SL 2017 (SS), ch 1, §9, eff. June 12, 2017.
Structure South Dakota Codified Laws
Title 41 - Game, Fish, Parks and Forestry
Chapter 23 - Recreational Use Of Nonmeandered Waters
Section 41-23-1 - Legislative findings.
Section 41-23-2 - Definitions.
Section 41-23-3 - Agreements for recreational use of nonmeandered lakes.
Section 41-23-4 - Permission to use portion of nonmeandered lake.
Section 41-23-6 - Financial compensation for permission to fish prohibited--Misdemeanor.
Section 41-23-7 - Certain nonmeandered lakes declared open for recreational use.
Section 41-23-8 - List of nonmeandered lakes open for recreational use.
Section 41-23-9 - Petition to restrict recreational use of listed nonmeandered lake.
Section 41-23-10 - Maximum term of lease or license.
Section 41-23-11 - Limitation of liability of owner of property under lakes.
Section 41-23-12 - Promulgation of rules regarding marker standards.
Section 41-23-13 - Notification to department of restricted areas--Publication by department.
Section 41-23-14 - Right of ingress or egress on private property not created.
Section 41-23-16 - Petition to open portion of marked nonmeandered lake for transportation.
Section 41-23-17 - Restrictions on portion of nonmeandered lake opened for transportation.
Section 41-23-18 - Criminal trespass--Exceptions.
Section 41-23-19 - Report to Executive Board of Legislative Research Council--Hearings.