South Dakota Codified Laws
Chapter 17 - Water Boundaries And Riparian Lands
Section 43-17-35 - Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.

43-17-35. Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.
Any person who owns any tract of agricultural land on both sides of a navigable stream may, individually, fence such tract, or any persons who collectively own any tract of agricultural land on both sides of a navigable steam may, collectively, fence such tract:
(1)If livestock are annually pastured on such tract;
(2)If the fence is reasonably necessary to prevent the livestock from straying from such tract;
(3)If the fence is so constructed and so marked that it does not, under daytime and nighttime conditions, constitute a danger to the public; and
(4)If the fence is so constructed that the right of the public to utilize the navigable stream is not prohibited or unduly restricted.
This section does not apply to any river or stream or portion of any river or stream that has been determined to be navigable pursuant to federal law. Construction of a fence in violation of this section is a Class 2 misdemeanor.

Source: SL 1990, ch 349, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 17 - Water Boundaries And Riparian Lands

Section 43-17-1 - Land below ordinary high-water mark of navigable lake or stream--Law governing ownership.

Section 43-17-2 - Upland owner taking to edge of navigable lake or stream at low-water mark--Exception--Navigable rivers and lakes as public highways.

Section 43-17-3 - Lands forming in bed of navigable stream or meandered lake belong to state--Exception.

Section 43-17-4 - Opposite banks of nonnavigable stream belonging to different persons--Stream and bed common to both.

Section 43-17-5 - Accretions to bank of river or stream belong to owner of bank subject to existing right-of-way.

Section 43-17-6 - Surveying and subdividing accretion lands--Permanency of uncontested boundaries.

Section 43-17-7 - Notice of survey of accretion lands--Consent of interested parties necessary.

Section 43-17-8 - Plat of accretion lands by surveyor--Contents--Recording.

Section 43-17-9 - Attaching of additional land--Substitution of outer boundary of surveyed accretion land--Apportionment of new accreted land--Determination of boundary line.

Section 43-17-10 - Title to land by avulsion--Reclamation by original owner of part of land carried away.

Section 43-17-11 - Stream forming new course--Abandonment of ancient stream bed--Owners of newly occupied land take ancient stream bed proportionately.

Section 43-17-12 - New arm of stream--Island formed by division belongs to owner of shore.

Section 43-17-13 - Ownership of island or accumulation of land in nonnavigable stream.

Section 43-17-14 - Land acquired by reliction--Apportionment and division--Preparation, contents and recording of survey.

Section 43-17-15 - Failure or neglect of owners of land acquired by reliction to plat land--Enforcement action by municipal officials.

Section 43-17-16 - Action to enforce survey of land acquired by reliction--Determination of ownership--Appointment of commissioners to divide and survey relicted lands.

Section 43-17-17 - Plat and survey of relicted lands by commissioners--Report in writing--Filing with clerk of courts.

Section 43-17-18 - Report and survey of relicted lands by commissioners--Adoption or modification by circuit court--Filing of certified copy of judgment--New trial and appeal.

Section 43-17-19 - Costs of action to enforce plat and survey of relicted lands.

Section 43-17-20 - Establishment of water marks on lakes--Definition of terms.

Section 43-17-21 - Water Management Board to establish and mark high and low water marks on public lakes--Change on change in natural conditions.

Section 43-17-23 - Natural factors given precedence in water marks--When man-made influences considered.

Section 43-17-24 - Investigation of site where water mark to be established--Consultation with other agencies--Public hearings.

Section 43-17-24.1 - Notice of public hearings on water marks.

Section 43-17-24.2 - Prior decisions on water marks validated--Rights barred by no action.

Section 43-17-25 - Reconsideration of water marks established by board--Final unless appealed to courts.

Section 43-17-26 - Ownership and rights of use unaffected.

Section 43-17-27 - Marks previously determined not affected--Effect on pending proceedings for determination.

Section 43-17-28 - Persons who may request board determination--Jurisdiction of courts.

Section 43-17-29 - Public rights in lake above high water mark.

Section 43-17-30 - Powers of Department of Game, Fish and Parks.

Section 43-17-31 - Landowner's right to deny public access to taxable property--Department to clearly mark certain inundated property--Exception.

Section 43-17-32 - Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions.

Section 43-17-33 - Public access to private lands pursuant to § 43-17-32--Identification of affected property by state agency.

Section 43-17-34 - Navigable defined--Application of sections.

Section 43-17-35 - Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.

Section 43-17-36 - Promulgation of rules for safe use of stream.

Section 43-17-38 - Gate or opening required in fence constructed across certain streams--Federally-navigable rivers--Public access--Violation as misdemeanor.

Section 43-17-40 - Responsibility for construction and maintenance of gate or opening.

Section 43-17-41 - Liability for damage from fencing on both sides of navigable streams.