South Dakota Codified Laws
Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way
Section 41-9-1.3 - Requirements for hunting, fishing or trapping along section-line or highway.

41-9-1.3. Requirements for hunting, fishing or trapping along section-line or highway.
For purposes of §41-9-1.1 any public right-of-way along a section-line or other highway is open for public hunting, fishing, or trapping if:
(1)The right-of-way has been commonly used by the public for vehicular travel, as demonstrated by the existence of a well-worn vehicle trail; or
(2)An intentional alteration or adaptation has been made to the right-of-way to enhance the natural terrain's utility for vehicular travel or to permit vehicular travel where it was not previously possible.

Source: SL 1996, ch 252, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 41 - Game, Fish, Parks and Forestry

Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way

Section 41-9-1 - Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor.

Section 41-9-1.1 - Certain highways and public rights-of-way excepted from restrictions--Discharging firearms, hunting, and trapping within certain distance from building or livestock prohibited--Violation as misdemeanor--Revocation of hunting privil...

Section 41-9-1.2 - Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor

Section 41-9-1.3 - Requirements for hunting, fishing or trapping along section-line or highway.

Section 41-9-1.4 - Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor.

Section 41-9-1.5 - Motorized vehicles not to be used in hunting from highways--Restrictions.

Section 41-9-1.6 - Penalty for endangerment of other while hunting on right-of-way.

Section 41-9-2 - Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor.

Section 41-9-4 - Posting private land without consent as misdemeanor--Posting public land.

Section 41-9-5 - Damage to or destruction of posted notices as misdemeanor.

Section 41-9-8 - Unauthorized presence on private property--Retrieval of game--Penalty.

Section 41-9-9 - Hunter civil liability for injury, death, or property damage caused by negligent actions.

Section 41-9-10 - Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor.

Section 41-9-11 - Exhibition of license or identification on request of person with authority to control access to private land--Violation as misdemeanor.