ARSD Article 41:04 — PUBLIC WATERS

GAME, FISH AND PARKS GAME, FISH AND PARKS

Chapter 41:04:01 Markings and zones

ARSD 41:04:01:01 Repealed

Applicability of chapter.** Repealed.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 25 SDR 126, effective April 20, 1999; 46 SDR 74, effective December 2, 2019.

ARSD 41:04:01:02 Special purpose buoy specifications

Special purpose buoys designating established safety zones or restricted waters must be white with orange trim. The buoys shall have a diameter of not less than 8 inches or an overall length of not less than 42 inches and shall ride not less than 8 inches above the water. The buoys must have markings showing whether the buoy's purpose is to alert all boaters to a reduced speed area or a restricted area or to provide general information.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 164, effective June 16, 1988; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:01:03 Restricted area buoy markings

The special purpose buoy designed to keep all boats out of a restricted area must be all white with a diamond shape marking on two sides and a cross in the center of each diamond. The diamond and cross must be international orange or blaze orange color.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:01:04 Reduced speed area buoy markings

The special purpose buoy designed to allow boats to enter a zoned area at reduced speed must be all white with a circle on two sides. The circle must be international orange or blaze orange color.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:01:05 Information buoy markings

The special purpose buoy designed to provide specific information must be all white with a diamond shape marking on two sides. The diamond must be international orange or blaze orange color.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:01:06 Safety zones defined

As used in this article:

(1) "No motors zone" means an area in which boats such as canoes, sailboats, and other craft without motors may operate;

(2) "No boating zone" means an area in which boats of all types are prohibited;

(3) "No wake zone" means an area in which boats may not create a wake by their passage. A wake is defined as any type of wave action caused by the passage of a boat. At no time may the boat be operated at a speed greater than five miles per hour;

(4) "Public swimming zone" means an area in which public swimming and bathing are permitted, but in which boats are prohibited;

(5) "Public water ski zone" means an area in which only water skiing is permitted;

(6) "No swimming zone" means an area in which public swimming and bathing are prohibited;

(7) "No motor vehicle zone" means an area in which the use of any motor vehicle is prohibited;

(8) "Electric motors zone" means an area which is closed to the use of all motors except any electric-powered motor;

(9) "No discharge of a firearm from a boat" means an area in which discharge of a firearm inside a boat is prohibited; and

(10) "Wake" means any type of wave action caused by the passage of a boat. At no time may the boat be operated at a speed greater than five miles per hour.

History

Source: SL 1975, ch 16, § 1; 4 SDR 15, effective September 15, 1977; 6 SDR 94, effective March 26, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 10 SDR 120, effective July 1, 1984; 12 SDR 186, effective May 28, 1986; 14 SDR 114, effective March 9, 1988; 23 SDR 38, effective September 26, 1996; 24 SDR 99, effective February 2, 1998; 30 SDR 40, effective October 1, 2003; 45 SDR 44, effective October 8, 2018; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4), 41-2-18(5).
Law Implemented: SDCL 32-3A-1(3)(4), 41-2-18(5).

ARSD 41:04:01:07 Buoy placement requirements

No person may place buoys on public waters without authorization from the secretary with the exception of fishing marker buoys which may be utilized by lawful anglers provided they are removed by sunset each day or buoys marking submerged or partially submerged hazards to navigation. Special purpose buoys marking safety zones must be placed as follows:

(1) Buoys marking "no boating," "no wake," and "no motors" zones must be placed as necessary to define the areas designated;

(2) Buoys marking "public swimming zones" must be placed no more than 75 feet apart on the perimeter of the zoned area; and

(3) Buoys marking "ski zones" must be placed no more than 250 feet apart. Buoys used in these areas must be anchored individually.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 148, effective March 6, 1995; 35 SDR 306, effective July 2, 2009; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:01:08 Diver-down flag requirements

The statutory diver-down flag may be not less than 12 inches by 15 inches in size. No person may place a diver-down flag in such a manner that the flag restricts watercraft navigation.

Cross-Reference: Use of diver-down flag, SDCL 42-8-44.1.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 41 SDR 107, effective January 5, 2015; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4), 42-8-44.1.

ARSD 41:04:01:09 Contrary use of posted waters prohibited

No person may enter, use, or occupy public waters for a purpose contrary to the use indicated on any sign or buoy placed by the department.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 31 SDR 21, effective August 23, 2004.
General Authority: SDCL 32-3A-1(3).
Law Implemented: SDCL 32-3A-1(3).

ARSD 41:04:01:10 Presence of persons in water near boat ramps prohibited -- Exception

A person is not permitted in the water within 50 feet of a public boat ramp on public waters unless the person is involved in the launching or loading of a boat.

History

Source: 17 SDR 23, effective August 16, 1990; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:01:11 Aeration signage

41 : 04 : 01 : 11 . Aeration signage. Any person who operates an aeration system on waters with public access shall post conspicuous markers sufficient to notify the public of the location of the aeration system. Signs of highly visible size and design indicating "Danger Open Water", clearly showing the location of the open water created by the aeration system shall be posted at all boat ramps and public access points any time the aeration system is in operation. Access area signs and on-lake markers must be removed by March 30 each year, or earlier, if weather conditions warrant. Aeration system as used in this section means a bubbler, water circulation, or similar system used to increase dissolved oxygen or maintain open water.

History

Source: 47 SDR 38, effective October 6, 2020.
General Authority: SDCL 41-2-18(3)(4).
Law Implemented: SDCL 41-2-18(3)(4).

Chapter 41:04:02 Public water zoning

ARSD 41:04:02:01 Aurora County public water safety zones

The waters of Wilmarth Lake in Aurora County are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; 31 SDR 213, readopted June 14, 2005, effective July 4, 2005.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:02 Beadle County public water safety zones

Beadle County public water safety zones are as follows:

(1) The waters fronting on that portion of North Lake Byron Lakeside Use Area beginning at the east property line and extending approximately 400 feet westerly from this point are a "no boating zone"; and

(2) The waters of Staum Dam are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 188, effective June 13, 1991; 18 SDR 144, effective March 15, 1992; 18 SDR 177, effective April 29, 1992; 28 SDR 129, effective March 18, 2002; 30 SDR 40, effective October 1, 2003; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:03 Repealed

Bennett County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:04 Bon Homme County public water safety zones

Bon Homme County public water safety zones are as follows:

(1) The waters within the marina of the Springfield Recreation Area are a "no wake zone"; and

(2) The waters of Lake Henry are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 20 SDR 150, effective March 23, 1994; 28 SDR 129, effective March 18, 2002; 29 SDR 80, effective December 10, 2002; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:05 Brookings County public water safety zones

Brookings County public water safety zones are as follows:

(1) Lake Poinsett:

(a) The waters fronting on that portion of the shoreline beginning approximately 1,800 feet west of the east property line marker located between sections 3 and 4 of the department public access area in the north half of section 4, township 112, range 52 west of the fifth principal meridian and extending approximately 700 feet westerly from this point are a "public swimming zone";

(b) The waters fronting on the area north of the main building of the Lake Poinsett Methodist Camp for a distance of 500 feet along the shoreline centering just north of the main building are a "public swimming zone";

(c) The waters fronting on that portion of Lake Poinsett State Recreation Area beginning at a point 500 feet west of the west boat ramp and extending 2,150 feet west are a "no wake zone"; and

(d) The waters fronting on that portion of Lake Poinsett State Recreation Area beginning at a point 100 feet west of the east property boundary of the state recreation area and extending 500 feet west are a "no wake zone";

(2) The waters of Johnson Lake fronting on that portion of Oakwood Lakes State Park beginning at the center point of the change house sidewalk and extending 180 feet east and west of that point along the shoreline are a "public swimming zone"; and

(3) The waters of Upper Tetonkaha Lake in Oakwood State Park north of a line from 100 feet south of the public boat ramp to the south point of Scout Island are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 1 SDR 78, effective June 19, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 18 SDR 144, effective March 15, 1992; 21 SDR 189, effective May 9, 1995; 22 SDR 111, effective March 7, 1996; 22 SDR 155, effective May 22, 1996; 26 SDR 41, effective September 28, 1999; 45 SDR 30, effective September 10, 2018; 48 SDR 115, effective May 24, 2022.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:06 Brown County public water safety zones

Brown County public water safety zones are as follows:

(1) The waters fronting on the public boat ramp located near the emergency spillway on Richmond Lake are a "no wake zone";

(2) The waters fronting on that portion of the waterfront of the Richmond Lake State Recreation Area beginning at a point on the shoreline directly northeast of the northeast corner of the bathhouse and extending northwesterly for 200 feet and southeasterly for 600 feet are a "public swimming zone";

(3) The waters fronting on the public boat ramp near the Elm Lake resort on Elm Lake beginning at the Brown County Road 3A grade and running north approximately 300 feet are a "no wake zone";

(4) The waters of Willow Dam Game Production Area are a "no motor vehicle zone";

(5) The waters in the area marked with buoys in the northeast portion of Wylie Lake in the city of Aberdeen are a "public swimming zone";

(6) The waters of Putney Slough Game Production Area located within Sections 7, 8, 17, and 18, township 124 north, range 61 west are a "no boating zone" from October 15 through December 31; and

(7) The waters of Richmond Lake are a "no wake zone" during any time at which the water level in Richmond Lake reaches the height of 18 inches or more over the level of the top of the spillway.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 17 SDR 12, effective July 31, 1990; 19 SDR 128, effective March 9, 1993; 24 SDR 44, effective October 14, 1997; 28 SDR 44, effective October 3, 2001; 28 SDR 129, effective March 18, 2002; 32 SDR 183, effective May 9, 2006; 36 SDR 170, effective May 11, 2010; 38 SDR 178, effective April 30, 2012; 45 SDR 155, effective June 24, 2019; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4), 41-2-18(5).
Law Implemented: SDCL 32-3A-1(3)(4), 41-2-18(5).

ARSD 41:04:02:07 Brule County public water safety zones

Brule County public water safety zones are as follows:

(1) The waters of American Creek Bay on Lake Francis Case from a point on the west edge of State Highway 50 where the present riprap begins near the north edge of the State Highway 50 bridge, then in a northwesterly direction for a distance of approximately 250 feet are a "public swimming zone"; and

(2) The waters of American Creek Bay on Lake Francis Case starting at the entrance of the bay, except the "public swimming zone" described in subdivision (1), are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 129, effective March 18, 2002; 34 SDR 279, effective May 14, 2008; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:08 Buffalo County public water safety zones

The waters of Lake Sharpe in Buffalo County on the upstream side of the Big Bend Dam spillway beginning at a point on the northeast side of the spillway and running westerly approximately 600 feet along the top of the bank, then southwesterly approximately 1,000 feet across the water in front of the spillway, then southeasterly to State Highway 47W are a "no boating zone."

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 129, effective March 18, 2002.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:09 Butte County public water safety zones

Butte County public water safety zones are as follows:

(1) The waters within a 300-foot radius of the boat ramps on Belle Fourche Reservoir are a "no wake zone";

(2) The waters of Belle Fourche River are a "no boating zone" from the U.S. Highway 212 Bridge to a point 300 feet downstream of the Bureau of Reclamation diversion structure; and

(3) The waters of Belle Fourche Reservoir fronting the west side of Rocky Point Recreation Area between campsite number 41 and campsite number 42 are a "public swimming zone".

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 13 SDR 192, effective June 22, 1987; 28 SDR 129, effective March 18, 2002; 37 SDR 182, effective April 20, 2011; 41 SDR 173, effective May 11, 2015; 46 SDR 74, effective December 2, 2019; 48 SDR 115, effective May 24, 2022.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:10 Repealed

Campbell County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:11 Charles Mix County public water safety zones

Charles Mix County public water safety zones are as follows:

(1) The waters of Lake Francis Case fronting on that portion of the shoreline of Platte Creek Recreation Area, from a point on the west facing culvert near the road across from the Cabin #2 pull off, extending 140 feet in a north-northwesterly direction to the water's edge, then extending 250 feet along the shoreline in a south-southwesterly direction are a "public swim zone";

(2) The waters of Lake Francis Case fronting on that portion of the shoreline of Snake Creek Recreation Area from a point 80 feet due south of the center of the Double Vault/Change Stall building, and extending 200 feet in a southeast direction, and extending 300 feet in a northwest direction are a "public swimming zone";

(3) The waters of Lake Francis Case lying within the Platte Creek Recreation Area in section 15 and within the east 400 feet of the southeast quarter of the southeast quarter of section 16, township 98 north, range 69 west of the fifth principal meridian are a "no wake zone";

(4) The waters fronting on the campground beach of Pease Creek Recreation Area located along the eastern shoreline at the mouth of Pease Creek Bay in section 14, township 6 north, range 67 west of the fifth principal meridian are a "no wake zone";

(5) The waters of Lake Francis Case lying within the Snake Creek Recreation Area in section 15, township 99 north, range 70 west of the fifth principal meridian are a "no wake zone";

(6) In the North Wheeler Recreation Area of Lake Francis Case, all waters north and west of the boat ramp breakwater are a "no wake zone";

(7) In the North Point Recreation Area of Lake Francis Case, the waters fronting the St. Francis Beach parking lot approximately 450 feet in length and marked with buoys are a "public swimming zone";

(8) In the North Point Recreation Area of Lake Francis Case, the waters fronting the North Point campground beach parking lot approximately 400 feet in length and marked with buoys are a "public swimming zone";

(9) In the North Point Recreation Area of Lake Francis Case, all waters north and east of the existing breakwater structure of the North Point ramp basin are a "no wake zone"; and

(10) In the North Point Recreation Area of Lake Francis Case, the waters in St. Francis Bay and Prairie Dog Bay starting at the center of the respective boat ramps and extending outward in a 150-yard radius are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 9 SDR 147, effective May 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 186, effective May 28, 1986; 14 SDR 114, effective March 9, 1988; 25 SDR 108, effective February 28, 1999; 28 SDR 103, effective January 30, 2002; 28 SDR 129, effective March 18, 2002; 29 SDR 80, effective December 10, 2002; 39 SDR 168, effective April 22, 2013; 46 SDR 74, effective December 2, 2019; 47 SDR 110, effective April 29, 2021; 47 SDR 137, effective June 29, 2021.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:12 Clark County public water safety zones

The Clark County public water safety zones are as follows:

(1) The waters of Reid Lake are a "no boating zone" from October 20 through December 31; and

(2) The waters of Indian Springs and Antelope Lake west of a line from 42750 174^th Street to 42750 177^th Street to 424^th Avenue are designated as a "no discharge of a firearm from a boat" from October 20 through December 31.

History

Source: SL 1975, ch 16, § 1; 10 SDR 23, effective September 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 23 SDR 38, effective September 26, 1996; readopted, 25 SDR 43, effective September 28, 1998; 28 SDR 129, effective March 18, 2002; 32 SDR 183, effective May 9, 2006; 39 SDR 168, effective April 22, 2013; 40 SDR 197, effective May 27, 2014; 45 SDR 44, effective October 8, 2018; 46 SDR 74, effective December 2, 2019; 48 SDR 132, effective July 5, 2022.
General Authority: SDCL 32-3A-1(3)(4), 41-2-18(5).
Law Implemented: SDCL 32-3A-1(3)(4), 41-2-18(5).

ARSD 41:04:02:13 Repealed

Clay County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:14 Codington County public water safety zones

Codington County public water safety zones are as follows:

(1) Lake Kampeska:

(a) The waters fronting on that portion of Stokes Thomas City Park beginning at the north property line and extending approximately 300 feet southerly are a "no wake zone" and the waters fronting on that portion of Stokes Thomas City Park beginning approximately 300 feet south of the north property line and extending approximately 825 feet southerly from this point are a "public swimming zone";

(b) The waters fronting on that portion of Jackson Park beginning at the north property line and extending approximately 400 feet southerly from this point are a "no wake zone";

(c) The waters fronting on that portion of Sandy Shore Recreation Area beginning approximately 500 feet west of the east property line and extending approximately 600 feet westerly from this point are a "public swimming zone";

(d) The waters fronting on that portion of Memorial Park beginning 385 feet west of the permanent boat ramp and extending westerly approximately 330 feet are a "public swimming zone";

(e) The waters within a 50-foot radius of the boat ramps and docks located at Thomas-Stokes City Park, Jackson City Park, Memorial County Park, Sandy Shore Park, and the Sailboat Access are a "no swimming zone"; and

(f) The waters in the channel known as Hidden Valley are a "no wake zone";

(2) The waters of McKilligan Lake are a "no boating zone" during open season on migratory waterfowl;

(3) The waters of Horseshoe Lake are a "no motors zone" during open season on migratory waterfowl;

(4) The waters fronting on that portion of Punished Woman Lake beginning at the South Shore city boat dock and continuing approximately 300 feet west are a "no wake zone";

(5) The waters fronting on that portion of Lake Pelican Recreation Area beginning at a point on the shoreline directly at the center of the bathhouse and extending 125 feet easterly and 125 feet westerly from that point are a "public swimming zone"; and

(6) The waters of Blythe Slough in portions of sections 27 and 28 of township 117 north, range 55 west, are a "no boating zone" from March 1 through August 31.

Cross-Reference: Waterfowl hunting seasons, ch 41:06:16.

History

Source: SL 1975, ch 16, § 1; 3 SDR 22, effective September 23, 1976; 6 SDR 3, effective July 23, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 186, effective May 28, 1986; 16 SDR 135, effective February 18, 1990; 22 SDR 155, effective May 22, 1996; 26 SDR 140, effective May 1, 2000; 28 SDR 129, effective March 18, 2002; 28 SDR 166, effective June 4, 2002; 31 SDR 39, effective September 23, 2004; 34 SDR 279, effective May 14, 2008; 36 SDR 170, effective May 11, 2010; 45 SDR 155, effective June 24, 2019; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:15 Corson County public water safety zones

The waters fronting on that portion of the Indian Creek Recreation Area or Marina Bay of Lake Oahe, beginning at the first pier on the south end of the Grand River bridge and due west to the water's edge are a "no wake zone" and a "no swimming zone."

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 129, effective March 18, 2002; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:16 Custer County public water safety zones

Custer County public water safety zones are as follows:

(1) Sylvan Lake:

(a) The waters of Sylvan Lake are an "electric motors only zone"; and

(b) The waters in the area marked with buoys in the northeast portion of Sylvan Lake are a "public swimming zone";

(2) Legion Lake:

(a) The waters of Legion Lake are an "electric motors only zone"; and

(b) The waters in the area marked with buoys in the northeast portion of Legion Lake are a "public swimming zone";

(3) Center Lake:

(a) The waters of Center Lake are a "no wake zone"; and

(b) The waters in the area marked with buoys in the northwest portion of Center Lake are a "public swimming zone";

(4) The waters of Stockade in the area marked with buoys in the east portion are a "public swimming zone"; and

(5) The waters of Bismarck Lake are an "electric motors zone."

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 26 SDR 162, effective June 14, 2000; 28 SDR 129, effective March 18, 2002; 29 SDR 29, effective September 8, 2002; 46 SDR 74, effective December 2, 2019; 47 SDR 38, effective October 6, 2020.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:17 Davison County public water safety zones

Davison County public water safety zones are as follows:

(1) The waters of Lake Mitchell fronting on the public beach located on lots 24 through 32 of the southeast quarter of section 4, township 103 north, range 60 west of the fifth principal meridian, are a "public swimming zone";

(2) The waters of Lake Mitchell fronting on the campground beach in the southeast quarter of section 9 are a "public swimming zone";

(3) The waters of Kippes Bay on Lake Mitchell in the northwest quarter of section 9 and the southwest quarter of section 4 are a "no wake zone";

(4) The waters in the west end of Lake Mitchell located south and west of a line extending from the lake point located in the southwest quarter of section 32 to a point on the shoreline 100 feet north of the entrance to the man-made channel connecting Lake Mitchell and Firesteel Creek, are a "no wake zone";

(5) The waters from the west end of Lake Mitchell, to include Firesteel Creek and the man-made channel connecting Lake Mitchell and Firesteel Creek, to the north-south road separating section 31, township 104 north, range 60 west and section 36, township 104 north, range 61 west are a "no wake zone";

(6) The waters of Lake Mitchell are a "no wake zone" during any time at which the water level in Lake Mitchell reaches the height of 12 inches or more over the level of the top of the spillway. Once in effect, the "no wake zone" shall remain in effect until such time as the water level of the lake drops to the level of six inches over the level of the top of the spillway.

History

Source: SL 1975, ch 16, § 1; 6 SDR 94, effective March 26, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 26 SDR 41, effective September 28, 1999; 38 SDR 178, effective April 30, 2012.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:18 Day County public water safety zones

Day County public water safety zones are as follows:

(1) Pickerel Lake:

(a) The waters fronting on that portion of West Pickerel Recreation Area beginning at a point along the shoreline 40 feet east of the concrete boat landing and extending 200 feet easterly along the shoreline are a "public swimming zone";

(b) The waters fronting on that portion of West Pickerel Recreation Area beginning at a point along the shoreline at the center of the boat ramp and extending 40 feet in each direction along the shoreline are a "no wake zone"; and

(c) The waters fronting on that portion of East Pickerel Recreation Area beginning at a point along the shoreline directly in front of the center of the bathhouse and extending 250 feet easterly and 200 feet westerly along the shoreline are a "public swimming zone";

(2) The waters fronting on that portion of Blue Dog Lakeside Use Area beginning at the east property boundary and extending 300 feet westerly along the shoreline are a "no wake zone";

(3) The waters within the boundary of Waubay National Wildlife Refuge, including the waters within the Waubay State Game Bird Refuge, are a "no motor vehicle zone" and a "no motors zone";

(4) The waters fronting on Enemy Swim Lakeside Use Area beginning at the north property line and extending 350 feet southeasterly along the shoreline area are a "no wake zone"; and

(5) The waters fronting on that portion of Indian Bay of Enemy Swim Lake within the property boundaries of NESODAK Bible Camp are a "public swimming zone."

History

Source: SL 1975, ch 16, § 1; 1 SDR 78, effective June 19, 1975; 9 SDR 147, effective May 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 10 SDR 120, effective July 1, 1984; 18 SDR 192, effective May 26, 1992; 21 SDR 189, effective May 9, 1995; 22 SDR 155, effective May 22, 1996; 23 SDR 38, effective September 26, 1996; 28 SDR 103, effective January 30, 2002; 28 SDR 129, effective March 18, 2002; 33 SDR 225, effective June 25, 2007; 45 SDR 30, effective September 10, 2018; 46 SDR 74, effective December 2, 2019; 48 SDR 115, effective May 24, 2022.
General Authority: SDCL 32-3A-1(3)(4), 41-2-18(5).
Law Implemented: SDCL 32-3A-1(3)(4), 41-2-18(5).

ARSD 41:04:02:19 Deuel County public water safety zones

Deuel County public water safety zones are as follows:

(1) The waters of Lake Cochrane fronting on that portion of the shoreline beginning at the east property line of the Lake Cochrane State Recreation Area located in outlot A of government lot five, in section 4, township 114 north, range 47 west of the fifth principal meridian and extending approximately 400 feet westerly from this line are zoned as follows:

(a) The westerly 300 feet is a "public swimming zone"; and

(b) The easterly 100 feet is a "no wake zone";

(2) The waters of Lake Cochrane fronting on that portion of the shoreline beginning at the east line of lot 1, Clear Water Beach, and extending westerly from this area to the west edge of the east half of lot 1 of "The Elms," all in government lot 6, section 4, township 114 north, range 47 west are a "no wake zone"; and

(3) The waters of Lake Oliver are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 4 SDR 82, effective June 6, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 114, effective March 9, 1988; 28 SDR 129, effective March 18, 2002; 29 SDR 80, effective December 10, 2002; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:20 Dewey County public water safety zones

The waters fronting on the south shore of Little Moreau No. 2 Dam in Dewey County starting approximately 70 feet west of the boat ramp and continuing westerly 120 feet are a "public swimming zone."

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; readopted, 17 SDR 188, effective June 13, 1991; 28 SDR 129, effective March 18, 2002; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:21 Repealed

Douglas County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:22 Edmunds County public water safety zones

Edmunds County public water safety zones are as follows:

(1) The waters of Mina Lake fronting on that portion of Mina Lake State Recreation Area from a point along the shoreline due south of the southwest corner of the bathhouse and extending 200 feet in either direction along the shoreline are a "public swimming zone";

(2) The waters of Mina Lake fronting on the east bridge across S.D. Highway 134 are a "no wake zone"; and

(3) The waters of Mina Lake are a "no wake zone" during any time at which the water level in Mina Lake reaches the height of 18 inches or more over the level of the top of the spillway.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 188, effective June 13, 1991; 28 SDR 129, effective March 18, 2002; 38 SDR 178, effective April 30, 2012; 46 SDR 74, effective December 2, 2019; 46 SDR 116, effective April 29, 2020.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:23 Fall River County public water safety zones

Fall River County public water safety zones are as follows:

(1) The waters of Cold Brook Reservoir are an electric motors zone;

(2) Angostura Reservoir:

(a) The waters fronting on the shoreline beginning at the boat ramp at the south boat basin and extending five hundred feet northwesterly and five hundred feet southeasterly from that point are a no wake zone;

(b) The waters fronting on the shoreline beginning at the boat ramp at the north boat basin and extending five hundred feet northerly and five hundred feet southerly from that point are a no wake zone;

(c) The waters fronting on the shoreline from a point on the shoreline one thousand feet northwesterly of the beach change house No. 1 to a point four hundred feet southeasterly of the beach change house No. 1 are a public swimming zone;

(d) The waters within an area starting at a point on the west end of the rock point at the Angostura Marina and extending approximately one thousand and one hundred feet southwesterly to a point on the opposing shoreline six hundred feet east of the picnic shelter on Shelter Point are a no wake zone;

(e) The waters within three hundred feet fronting the dam, which includes the five control gates and the canal siphon, are a no boating zone;

(f) The waters of the Angostura Marina from the north end of the floating breakwater to a point northeasterly on the opposing shoreline approximately six hundred and fifty feet distant are a no wake zone;

(g) The waters within the boat basin located in the south unit are a no wake zone; and

(h) The waters within the Sheps Canyon Bay starting at a point seven hundred and fifty feet northeasterly of the boat ramp are a no wake zone; and

(3) The waters of Cottonwood Reservoir are an electric motors zone.

History

Source: SL 1975, ch 16, § 1; 3 SDR 40, effective December 5, 1976; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 114, effective March 9, 1988; 18 SDR 144, effective March 15, 1992; 19 SDR 17, effective August 12, 1992; 20 SDR 150, effective March 23, 1994; 25 SDR 43, effective September 28, 1998; 28 SDR 129, effective March 18, 2002; 29 SDR 80, effective December 10, 2002; 46 SDR 74, effective December 2, 2019; 49 SDR 89, effective May 1, 2023.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:24 Repealed

Faulk County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:25 Grant County public water safety zones

The waters of Hunter Quarry Water Access Area in Grant County are a "no boating zone" and a "no swimming zone."

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:26 Gregory County public water safety zones

Gregory County public water safety zones are as follows:

(1) The waters of Burke Lake fronting on that portion of Burke Lake Recreation Area beginning at a point on the shoreline approximately 275 feet west of the boat ramp and continuing westerly for 150 feet are a "public swimming zone";

(2) The waters of Lake Francis Case lying west of the mouth of Ash Canyon Bay in the Buryanek Recreation Area are a "no wake zone"; and

(3) The waters of Lake Francis Case fronting approximately 300 feet of South Shore Lakeside Use Area and extending approximately 150 feet out from the waters edge are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 1 SDR 78, effective June 19, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 13 SDR 192, effective June 22, 1987; 28 SDR 129, effective March 18, 2002; 35 SDR 253, effective May 13, 2009; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:27 Repealed

Haakon County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; readopted, 19 SDR 17, effective August 12, 1992; 28 SDR 129, effective March 18, 2002; repealed, 31 SDR 39, effective September 23, 2004.

ARSD 41:04:02:28 Hamlin County public water safety zones

The waters of Lake Poinsett in Hamlin County fronting on that portion of department land known as Sorenson Public Access Area beginning at a point approximately 100 feet north of the south property line in the southeast quarter of the northeast quarter of section 36, township 113 north, range 53 west of the fifth principal meridian and extending approximately 500 feet northerly of this point are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 7 SDR 48, effective November 25, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 26 SDR 140, effective May 1, 2000; 28 SDR 129, effective March 18, 2002; 31 SDR 39, effective September 23, 2004; 46 SDR 116, effective April 29, 2020.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:29 Hand County public water safety zones

Hand County public water safety zones are as follows:

(1) The waters fronting on that portion of Lake Louise starting from a point on shore approximately 200 feet northeasterly of the bathhouse and extending approximately 350 feet southerly along the shoreline are a "public swimming zone"; and

(2) The waters of Wall Lake are a "no motors zone" during the waterfowl seasons.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 129, effective March 18, 2002; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:30 Hanson County public water safety zones

The waters of Lake Hanson in Hanson County are a "no wake zone" when the lake elevation is 12 inches or greater over the spillway elevation.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; readopted, 30 SDR 40, effective October 1, 2003; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:31 Repealed

Harding County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:32 Hughes County public water safety zones

Hughes County public water safety zones are as follows:

(1) On the Missouri River, the waters fronting on that portion of the Griffin Park waterfront area beginning on the north side of the Capitol Lake drainage ditch and running approximately 350 yards in a northwesterly direction upstream from the point of beginning are a "public swimming zone";

(2) On the Missouri River, the waters fronting on that portion of the Griffin Park waterfront area beginning approximately 20 yards west of the entrance to the Pierre city marina and running approximately 300 yards in a northwesterly direction upstream from the point of beginning are a "no wake zone";

(3) Except for the public swimming zone established in subdivision (4) of this section, all of the waters in Hipple Lake west of a line starting from a point on the north shore approximately 300 feet west of the concrete boat ramp and running approximately in a straight line across the water to the south shore of the lake are an "electric motors zone";

(4) The waters of Hipple Lake beginning at a point approximately 300 feet west of the concrete boat ramp and continuing west approximately 600 feet are a "public swimming zone";

(5) The waters inside the marina at West Bend Recreation Area are a "no wake zone"; and inside the West Bend Recreation Area waterfront beginning on the southeast corner of the boat ramp parking lot and running approximately 400 yards in a southeasterly direction upstream to camping cabins #3 are a "no wake zone";

(6) The waters inside the Pierre city marina are a "no wake zone"; and

(7) The waters inside the floating breakwater protected area at Spring Creek Recreation Area are a "no wake zone" and the waters within 20 feet of the breakwater are a "no swimming zone."

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 13 SDR 192, effective June 22, 1987; 15 SDR 50, effective October 6, 1988; 24 SDR 99, effective February 2, 1998; 28 SDR 129, effective March 18, 2002; 30 SDR 40, effective October 1, 2003; 35 SDR 253, effective May 13, 2009; 40 SDR 197, effective May 27, 2014; 44 SDR 151, effective April 30, 2018; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:33 Hutchinson County public water safety zones

Hutchinson County public water safety zones are as follows:

(1) The waters of Silver Lake are a "no boating zone" during a Conservation Order or during the migratory waterfowl season;

(2) The waters of Tripp Lake are a "no wake zone";

(3) The waters of Dimock Lake are a "no wake zone"; and

(4) The waters of Menno Lake are a "no wake zone."

Cross Reference: Goose hunting season and Conservation Order established -- Shooting hours -- Exceptions -- Open units -- Closed areas, § 41:06:16:07.

History

Source: SL 1975, ch 16, § 1; 4 SDR 82, effective June 6, 1978; 6 SDR 94, effective March 26, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 19 SDR 128, effective March 9, 1993; 22 SDR 82, effective December 10, 1995; 26 SDR 117, effective March 16, 2000; 28 SDR 129, effective March 18, 2002; 30 SDR 40, effective October 1, 2003; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:34 Repealed

Hyde County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:35 Repealed

Jackson County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:36 Repealed

Jerauld County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; readopted, 17 SDR 170, effective May 14, 1991; 24 SDR 44, effective October 14, 1997; 26 SDR 120, effective March 16, 2000; 28 SDR 129, effective March 18, 2002; 45 SDR 30, effective September 10, 2018.

ARSD 41:04:02:37 Repealed

Jones County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:38 Kingsbury County public water safety zones

The waters fronting the shoreline of Lake Thompson State Recreation Area in Kingsbury County starting at a point 100 feet east of the inlet from where Lake Henry enters the lake to a point 400 feet east are a "no boating zone."

History

Source: SL 1975, ch 16, § 1; 6 SDR 129, effective July 13, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 13 SDR 192, effective June 22, 1987; 21 SDR 189, effective May 9, 1995; 25 SDR 141 effective May 27, 1999; 45 SDR 30, effective September 10, 2018; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:39 Lake County public water safety zones

Lake County public water safety zones are as follows:

(1) The waters within a 100-foot radius of the public boat ramp at the East Brant Lake Access Area are a "no swimming zone" and a "no wake zone";

(2) The waters of Lake Herman in Lake Herman State Park beginning at a point on the shoreline 110 feet northwest of the northwest corner of the bathhouse, then extending in a southerly direction along the shoreline for approximately 300 feet are a "public swimming zone";

(3) The waters of Long Lake are a "no wake zone" except during the months of July and August; and

(4) Lake Madison:

(a) The waters within a 100-foot radius from the center of the east entrance to Harbor Bay are a "no wake zone";

(b) The waters of Hilde Marina including the entrance canal are a "no wake zone";

(d) The waters fronting on the Lake County Public Access Area beginning at a point on the shoreline approximately 80 feet east of the tree line, then extending in a southeasterly direction along the shoreline for approximately 230 feet are a "public swimming zone."

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, repealed July 1, 1984; Brant Lake water safety zone adopted 15 SDR 24, effective August 14, 1988; 15 SDR 210, effective July 10, 1989; 17 SDR 12, effective July 31, 1990; 20 SDR 150, effective March 23, 1994; 22 SDR 155, effective May 22, 1996; 23 SDR 38, effective September 26, 1996; 26 SDR 120, effective March 16, 2000; 28 SDR 129, effective March 18, 2002; 30 SDR 40, effective October 1, 2003; 31 SDR 39, effective September 23, 2004; 34 SDR 67, effective September 10, 2007; 35 SDR 253, effective May 13, 2009; 43 SDR 146, effective May 22, 2017; 45 SDR 30, effective September 10, 2018; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:40 Lawrence County public water safety zones

The waters of Iron Creek Lake are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; 52 SDR 101, effective May 11, 2026.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(4).

ARSD 41:04:02:41 Lincoln County public water safety zones

Lincoln County public water safety zones are as follows:

(1) Lake Alvin:

(a) The waters are a "no wake zone";

(b) The waters fronting on that portion of the shoreline of Lake Alvin Recreation Area from the center of the beach picnic shelter and extending approximately 150 feet westerly and approximately 200 feet easterly are a "public swimming zone";

(2) Lake Lakota:

(a) The waters are a "no wake zone";

(3) The waters of Rollings Game Production Area are an "electric motors zone."

History

Source: SL 1975, ch 16, § 1; 1 SDR 78, effective June 19, 1975; 4 SDR 82, effective June 6, 1978; 6 SDR 94, effective March 26, 1980; 6 SDR 129, effective July 13, 1980; 8 SDR 85, effective January 18, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 20 SDR 150, effective March 23, 1994; 28 SDR 129, effective March 18, 2002; 30 SDR 40, effective October 1, 2003; 38 SDR 178, effective April 30, 2012; 43 SDR 146, effective May 22, 2017; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:42 Lyman County public water safety zones

Lyman County public water safety zones are as follows:

(1) The waters of Lake Sharpe on the upstream side of the dam beginning at a point on the south side of Big Bend Dam on State Highway 47W and running in a northwesterly direction upstream approximately 900 feet, then northerly across in front of the powerhouse structure approximately 950 feet, then northeasterly approximately 600 feet back to State Highway 47W, are a "no boating zone"; and

(2) The waters within Cedar Shores marina on Lake Francis Case are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 6 SDR 60, effective December 18, 1979; 8 SDR 19, effective August 31, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 129, effective March 18, 2002; 35 SDR 253, effective May 13, 2009; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:43 McCook County public water safety zones

McCook County public water safety zones are as follows:

(1) East Vermillion Lake:

(a) The waters west of the two large signs placed by the department on each side of the lake on the shoreline easterly of the swimming beach are a "no wake zone";

(b) The waters within a 100-yard radius of boat launching ramps are "no wake zones";

(c) The waters fronting on the waterfront starting at a point on the shoreline south of the southeast corner of the bathhouse and extending along the shoreline easterly for 135 feet and westerly for 165 feet are a "public swimming zone"; and

(d) The waters located in the southwest quarter of section 11, the northwest quarter of the northwest quarter of section 23, and all of section 14, township 102 north, range 53 west of the fifth principal meridian, lying north and west of the signs placed by the department are a "no wake zone";

(2) The waters of Battle Creek west of McCook County Road 3A are a "no wake zone"; and

(3) The waters of Lehrman Game Production Area in section 32, township 103 north, range 56 west are a "no boating zone" during a Conservation Order or during the migratory waterfowl season.

History

Source: SL 1975, ch 16, § 1; 3 SDR 30, effective October 20, 1976; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 21 SDR 189, effective May 9, 1995; 22 SDR 111, effective Mach 7, 1996; 24 SDR 99, effective February 2, 1998; 25 SDR 43, effective September 28, 1998; 28 SDR 129, effective March 18, 2002; 34 SDR 67, effective September 10, 2007; 45 SDR 30, effective September 10, 2018; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:44 McPherson County public water safety zones

The waters of Lake Eureka in McPherson County starting at the swimming pier on the south shore of Lake Eureka and continuing 300 feet east are a "public swimming zone."

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; readopted, 26 SDR 41, effective September 28, 1999; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:45 Marshall County public water safety zones

The following waters of Roy Lake in Marshall County:

(1) The waters of Roy Lake fronting on the north shore of the west unit of Roy Lake State Park starting at the light pole on the west side of the boat ramp and continuing westerly about 700 feet are a "public swimming zone"; and

(2) The waters fronting on the west shore of the east unit of Roy Lake State Park starting at a point approximately 330 feet south of the boat ramp, then continuing southerly approximately 225 feet are a "public swimming zone."

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 210, effective July 10, 1989; 28 SDR 129, effective March 18, 2002; 28 SDR 166, effective June 4, 2002; 32 SDR 183, effective May 9, 2006; 39 SDR 168, effective April 22, 2013; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:46 Meade County public water safety zones

The waters of Bear Butte Lake in Meade County are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 6 SDR 31, effective October 2, 1979; 6 SDR 94, effective March 26, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 129, effective March 18, 2002; 45 SDR 30, effective September 10, 2018; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:47 Repealed

Mellette County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:48 Repealed

Miner County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 78, effective June 19, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 18 SDR 144, effective March 15, 1992.

ARSD 41:04:02:49 Minnehaha County public water safety zones

Minnehaha County public water safety zones are as follows:

(1) Wall Lake:

(a) The waters within an area starting from the property line between lots 19 and 20 on a line approximately 100 feet north, then northwesterly approximately 300 feet from shoreline to the point of the island are a "no wake zone" and a "no swimming zone"; and

(b) The waters fronting on an area starting at a point along the shoreline 100 feet easterly of the living quarters of the roller rink to a point approximately 800 feet northeasterly of the starting point on a line with the Girl Scout Camp Stone Cottage, then southeasterly for approximately 300 feet to a point at the ordinary high-water mark directly in front of the outlet are a "public swimming zone";

(2) The waters of Clear Lake are a "no boating zone" from October 20 through December 31;

(3) The waters of Loss Lake are a "no wake zone";

(4) The waters of the Big Sioux River within the city of Sioux Falls from Falls Park Drive to Sixth Street are a "no swimming zone";

(5) The waters of Family Park are a "no motors zone" and a "no swimming zone"; and

(6) The waters within the manmade and natural connection between the north and south basins of Twin Lakes in Section 17, Range 52W, Township 103N are a "no wake zone".

History

Source: SL 1975, ch 16, § 1; 4 SDR 15, effective September 15, 1977; 6 SDR 94, effective March 26, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 81, effective December 10, 1987; 17 SDR 12, effective July 31, 1990; 21 SDR 189, effective May 9, 1995; 28 SDR 129, effective March 18, 2002; 30 SDR 40, effective October 1, 2003; 36 SDR 170, effective May 11, 2010; 37 SDR 182, effective April 20, 2011; 45 SDR 30, effective September 10, 2018; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:50 Moody County public water safety zones

Moody County public water safety zones are as follows:

(1) The waters of Lake Campbell fronting on an area beginning at a point approximately 300 feet west of the northwest corner of outlot B of government lot two of section five, township 108 north, range 50 west of the fifth principal meridian, then northerly approximately 170 feet, then westerly approximately 420 feet, then southerly to the shoreline, then easterly along the shoreline to the point of beginning are a "no boating zone";

(2) The waters of that portion of Lake Campbell lying south of Moody County Road 1 are a "no wake zone";

(3) The waters of Battle Creek from its confluence with Lake Campbell south to the steel bridge one mile south of Moody County Road 2 are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 189, effective May 9, 1995; 25 SDR 43, effective September 28, 1998; 28 SDR 129, effective March 18, 2002; 30 SDR 40, effective October 1, 2003.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:51 Pennington County public water safety zones

Pennington County public water safety zones are as follows:

(1) The waters of Deerfield Reservoir are a "no wake zone";

(2) Pactola Reservoir:

(a) The waters inside the bay at Custer Gulch, commonly known as the South Marina, south of a line beginning 1,000 feet north of the marina store on the east shore of the bay and running approximately in a straight line west across the water to the west shore of the bay are a "no wake zone";

(b) The waters of Ranger Bay, commonly known as the South Boat Launch, southeast of a line beginning approximately 800 feet east of the boat launch and running in an arc northwesterly across the water to a point on the west shoreline of the bay where the section line between sections 3 and 10 of township 1 north, range 5 east, intersects the shoreline are a "no wake zone";

(c) The waters fronting the shoreline on the west side of the Pactola Point Day Use Area beginning at a point approximately due west of the north end of the Day Use Area parking lot, extending out into the water approximately 150 feet, then southerly for approximately 300 feet, then easterly to a point on the shoreline approximately due west of the south end of the Day Use Area parking lot are a "public swimming zone";

(d) The waters of Brennan Gulch, commonly known as the Veterans Point Day Fishing Access Area, north of a line beginning at the island off the point and extending approximately in a straight line easterly to the opposing shoreline on the face of the dam are a "no wake zone";

(e) The waters of Web Hill Draw, commonly known as the North Boat Launch, north of a line beginning at a point 500 feet south of the boat launch on the west shoreline of the bay and extending approximately in a straight line across the water to the east shoreline of the bay are a "no wake zone";

(f) The waters of Bear Gulch lying south of an east-west line across the embayment approximately 1,000 feet north of the south end of the bay are a "no wake zone";

(g) The waters of Pactola Lake west of a line beginning approximately 1,500 feet east of the rock point at the mouth of Jenny Gulch on the north shoreline at Helen Draw and extending approximately in a straight line in a southeasterly direction to the opposing shoreline, including the waters of Inlet Bay, Empress Gulch, and Jenny Gulch, are a "no wake zone";

(h) The waters of Boarding House Gulch north of a line beginning approximately 600 feet south of the section line dividing section 34, township 2 north, range 5 east and section 3, township 1 north, range 5 east of the west shoreline of the bay and extending approximately in a straight line easterly across the water to the east shoreline of the bay are a "no wake zone"; and

(i) The waters of the bay northeast of the U.S. Forest Service Campground Loop "B", commonly known as Musekamp Draw, lying southwest of a line beginning at the northwest point at the mouth of the bay and extending southeasterly in approximately a straight line across the water to the southeast point at the mouth of the bay are a "no wake zone";

(3) Sheridan Lake:

(a) The waters of Horse Creek Bay, commonly known as the North Marina, northwest of a line beginning approximately 1,240 feet east of the boat ramp on the north shoreline and extending approximately in a straight line southwesterly to the opposing shoreline are a "no wake zone";

(b) The waters fronting on the north shoreline of Horse Creek Bay, extending out into the water approximately 150 feet, from a point on the shoreline 230 feet east of the north swim beach comfort station to a point 230 feet south of the north swim beach comfort station are a "public swimming zone";

(c) The waters of the Spring Creek inlet south of a line beginning at a point approximately 450 feet northeast of the south swim beach comfort station on the southeast shoreline of the bay and extending in approximately a straight line across the water to the opposing shoreline are a "no wake zone";

(d) The waters fronting on the southeast shoreline of the Spring Creek Inlet Bay, extending out into the water approximately 150 feet, from a point on the shoreline approximately 215 feet north of the south swim beach comfort station to a point 180 feet northwest of the south swim beach comfort station are a "public swimming zone";

(e) The waters of the bay on the southwest side of the Sheridan Lake Campground complex southwest of a line beginning at a point on the west point of the bay and extending approximately in a straight line southeasterly to the opposing shoreline on the east side of Calumet Point are a "no wake zone"; and

(f) The waters of Calumet Bay, commonly known as the South Boat Launch area, south of a line beginning at a point 475 feet north of the boat ramp on the west shoreline of the bay, extending approximately in a straight line northwesterly to the opposing shoreline on the east shoreline of the bay are a "no wake zone"; and

(4) The waters of Canyon Lake are an "electric motor zone."

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; readopted, 22 SDR 155, effective May 22, 1996; 28 SDR 129, effective March 18, 2002; 34 SDR 279, effective May 14, 2008; 35 SDR 253, effective May 13, 2009; 43 SDR 146, effective May 22, 2017; 46 SDR 74, effective December 2, 2019; 47 SDR 38, effective October 6, 2020.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:52 Perkins County public water safety zones

The following waters of Shadehill Reservoir in Perkins County:

(1) The waters fronting on the north side of the reservoir beginning 150 feet from shore directly in front of the picnic shelter and extending 250 feet to the east along the shoreline are a "public swimming zone";

(2) The waters beginning approximately 300 feet south of the Ketterlings Point boat ramp and extending from the west shoreline to the east shoreline encompassing the bay where the Ketterlings Point boat ramp is located are a "no wake zone";

(3) The waters fronting the Ketterlings Point beginning 150 feet from shore in the center of the lodge on the east side of the point and extending around the south end of the point ending approximately in the center of the lodge on the west-facing side of the point are a "no wake zone"; and

(4) The waters beginning approximately 600 feet east of the West boat ramp and extending from the north shoreline to the south shoreline encompassing the bay where the West boat ramp is located are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 1 SDR 78, effective June 19, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 129, effective March 18, 2002; 31 SDR 39, effective September 23, 2004; 40 SDR 197, effective May 27, 2014; 44 SDR 151, effective April 30, 2018; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:53 Potter County public water safety zones

Potter County public water safety zones are as follows:

(1) The waters of Lake Oahe fronting on that portion of the West Whitlock Recreation Area starting at a point 220 feet east of the northwest corner of the bathhouse and extending 550 feet south along the shoreline are a "public swimming zone";

(2) The waters of Lake Oahe fronting the south East Whitlock boat ramp from a point 150 feet southeast of the ramp to a point 500 feet northwest of the ramp are a "no wake zone"; and

(3) The waters of Lake Oahe fronting the north East Whitlock boat ramp from a point 200 feet west of the ramp to a point 200 feet east of the ramp are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; 9 SDR 147, effective May 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 44, effective October 3, 2001; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:54 Roberts County public water safety zones

Roberts County public water safety zones are as follows:

(1) The waters of Big Stone Lake fronting on that portion of Hartford Beach State Park beginning on the west property line and extending approximately 300 feet easterly from this point are a "public swimming zone";

(2) The waters of Big Stone Lake fronting on that portion of Hartford Beach State Park beginning at the west property line and extending 1,000 feet easterly from this point are a "no wake zone";

(3) The waters of Cottonwood Lake Waterfowl Refuge located in sections 20, 28, 29, 32, and 33, township 128 north, range 49 west are a "no boating zone" during the open season on migratory waterfowl; and

(4) The waters of Mud Lake located in sections 11, 12, and 14, township 127 north, range 48 west are an "electric motors zone" during the open season on migratory waterfowl.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 22 SDR 111, effective March 7, 1996; 22 SDR 155, effective May 22, 1996; 28 SDR 44, effective October 3, 2001; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:55 Repealed

Sanborn County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; 9 SDR 147, effective May 22, 1983; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:56 Repealed

Shannon County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:57 Repealed

Spink County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:58 Stanley County public water safety zones

Stanley County public water safety zones are as follows:

(1) Lake Sharpe:

(a) The waters of Oahe Marina are a "no wake zone";

(b) The waters of Marion Gardens Canal are a "no wake zone";

(d) The waters of Lake Sharpe south of the Lake Oahe Powerhouse, the waters fronting that portion of the Missouri River from the T dike extending south to a signed point approximately 2,100 feet downstream along the shoreline inside the buoys is a "no boating zone"; and

(e) The waters of Lake Sharpe south of the Lake Oahe Powerhouse, the waters fronting that portion of the Missouri River from a signed point approximately 1,500 feet north of the wing dam referred to as diver's point and extending 300 feet north from the signed point are a "public swimming zone"; and

(2) The waters starting at the confluence of Lake Sharpe and the Bad River and extending upstream along the Bad River to the pedestrian footbridge are a "no wake zone."

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; readopted, 13 SDR 192, effective June 22, 1987; 21 SDR 189, effective May 9, 1995; 28 SDR 129, effective March 18, 2002; 29 SDR 80, effective December 10, 2002; 30 SDR 40, effective October 1, 2003; 31 SDR 39, effective September 23, 2004; 45 SDR 155, effective June 24, 2019; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:59 Repealed

Sully County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:60 Repealed

Todd County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:61 Repealed

Tripp County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:62 Turner County public water safety zones

The following waters of Swan Lake in Turner County:

(1) The waters west and south of the Christian Camp are a "no motors zone";

(2) The waters starting at a point along the east shoreline approximately 60 feet south of the concrete retaining wall that is located on the north side of the beach on a line to a point 100 feet westerly, then on a line to a point 100 feet southerly, then on a line in an easterly direction back to a point on shore are a "no boating zone."

History

Source: SL 1975, ch 16, § 1; 5 SDR 6, effective August 3, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 129, effective March 18, 2002; 29 SDR 29, effective September 8, 2002; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:63 Repealed

Union County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:63.01 Union County public water safety zones

The following waters of McCook Lake in Union County:

(1) The waters within a 100-foot radius of the public boat ramp on the southeast shore are a "no wake zone";

(2) The waters southwest of the buoys placed at the entrance of the southwest arm of the lake are a "no wake zone";

(3) The waters marked by buoys within the bays and island channels on the uninhabited shoreline are a "no wake zone"; and

(4) The waters within 100 feet of the shoreline around the outer edge of the lake from the "no wake zone" on the southwest arm of the lake to the extreme southeast corner of the lake are a "no wake zone."

History

Source: 34 SDR 279, effective May 14, 2008; 36 SDR 39 effective September 23, 2009; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:64 Walworth County public water safety zones

The following waters of Lake Oahe in Walworth County:

(1) The waters of Indian Creek Bay, commonly known as the East Boat Launch area, northeast of the Indian Creek Campground's A-Loop complex extending out in a 500-foot radius from the boat ramp are a "no wake zone";

(2) The waters of Revheim Bay, commonly known as the West Boat Launch area, west of Indian Creek Campground's B-Loop complex are a "no wake zone"; and

(3) The waters fronting on that portion of Revheim Day Use Area beginning at the west edge of the parking lot extending approximately 500 feet westerly from this point are a "public swimming zone."

History

Source: SL 1975, ch 16, § 1; 1 SDR 78, effective June 19, 1975; 9 SDR 147, effective May 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 103, effective January 30, 2002; 28 SDR 129, effective March 18, 2002; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:65 Repealed

Washabaugh County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:66 Yankton County public water safety zones

Yankton County public water safety zones are as follows:

(1) Lewis and Clark Lake:

(a) The waters fronting on the shoreline starting at the fishing pier of the Midway Unit of Lewis and Clark State Recreation Area and proceeding in a southwesterly direction 650 feet are a "public swimming zone";

(b) The waters fronting on the shoreline starting at a point in the center of the Gavin's Beach restroom, Gavin's Point Unit of Lewis and Clark State Recreation Area, extending 200 feet in a westerly direction and extending 250 feet in an easterly direction are a "public swimming zone";

(d) The waters fronting on the shoreline starting at the vault toilet near the intersection of the bicycle path that divides West Midway and Gavin's sections, extending 400 feet in a westerly direction and 125 feet in a southerly direction are a "no wake zone";

(e) The waters fronting on that portion of Lewis and Clark State Recreation Area beginning at the west end of the marina causeway extending 550 feet in a westerly direction are a "no motors zone";

(f) All waters north of the Lewis and Clark Recreation Area Midway boat launch breakwater inlet are a "no wake zone";

(g) The waters fronting on the shoreline starting at the vault toilet located next to the bike trail in the East Midway section near the East Midway Boat Ramp parking area of Lewis and Clark Recreation Area, extending 330 feet in an easterly direction and extending 125 feet in a southerly direction, commonly known as East Midway Boating Beach are a "no wake zone";

(h) The waters fronting on the shoreline starting at the vault toilet next to the bike trail dividing the East Midway Section and the Yankton Section of Lewis and Clark Recreation Area, extending 250 feet in a westerly direction and extending 125 feet in a southerly direction, commonly known as the West Yankton Boating Beach are a "no wake zone";

(i) The waters fronting on the shoreline starting at the rock jetty on the west border of the Midway Swim Beach extending 370 feet in a westerly direction to another rock jetty and extending 125 feet in a southerly direction, commonly known as Midway Boating Beach, are a "no wake zone"; and

(j) The waters fronting on the shoreline south of the Lewis & Clark Resort Lodge starting at the culvert to the west under the bike trail extending 245 feet in an easterly direction are a "no motors zone";

(2) The waters of Marindahl Lake are a "no wake zone"; and

(3) The waters of Lake Yankton are an "electric motors zone."

History

Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 4 SDR 82, effective June 6, 1978; 6 SDR 60, effective December 18, 1979; 6 SDR 94, effective March 26, 1980; 8 SDR 85, effective January 18, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 172, effective June 23, 1985; 12 SDR 186, effective May 28, 1986; 16 SDR 135, effective February 18, 1990; 20 SDR 150, effective March 23, 1994; 22 SDR 111, effective March 7, 1996; 25 SDR 141, effective May 27, 1999; 26 SDR 117, effective March 16, 2000; 30 SDR 40, effective October 1, 2003; 34 SDR 279, effective May 14, 2008; 37 SDR 182, effective April 20, 2011; 38 SDR 178, effective April 30, 2012; 43 SDR 146, effective May 22, 2017; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3)(4).
Law Implemented: SDCL 32-3A-1(3)(4).

ARSD 41:04:02:67 Repealed

Ziebach County public water safety zones.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:02:68 Repealed

Applicability of uniform markings and zones on public waters.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Chapter 41:04:03 Meandered waters

ARSD 41:04:03:01 Meandered water defined

As used in this chapter, "meandered water" means all meandered lakes, sloughs, marshes, and streams and the dry or partially dry portions of the areas.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(5).
Law Implemented: SDCL 41-2-18(5).

ARSD 41:04:03:02 Restriction of access prohibited

No person may restrict access in any way on or across a meandered water.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(5).
Law Implemented: SDCL 41-2-18(5).

ARSD 41:04:03:03 Posting of signs prohibited

No person may post signs on a meandered water.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(5).
Law Implemented: SDCL 41-2-18(5).

ARSD 41:04:03:04 Farming prohibited -- Exception

A person may not graze or farm a meandered water without the written permission of the secretary.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(5).
Law Implemented: SDCL 41-2-18(5).

ARSD 41:04:03:05 Modification prohibited -- Exception

No person may modify shore or bottom lands below the ordinary high-water mark of a meandered water or other waters to which the state has acquired a right, title, or interest without permission of the commission or a designated agent of the commission.

History

Source: 15 SDR 162, effective May 4, 1989; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(5).
Law Implemented: SDCL 41-2-18(5).

Chapter 41:04:04 Docks

ARSD 41:04:04:01 Definition of terms

As used in this chapter:

(1) "Public waters" means all meandered lakes, rivers, and streams and their shores to the high-water mark; all waters and shores of reservoirs constructed with public funds; and all other lakes, rivers, and streams that may be used by the public for boating, fishing, hunting, trapping, bathing, skating, and other activities for pleasure and recreation, provided that lakes, rivers, and streams that become dry during certain seasons of the year or periods of drought remain public waters;

(2) "Dock" means a wharf, platform, pier, or similar structure located on, in, or over any public water and is normally connected to or otherwise in contact with the shoreline;

(3) "Floating dock" means a diving platform, ski jump, or similar structure located on, in, or over any public water and is normally not connected to or otherwise in contact with the shoreline; and

(4) "Boat lift" means any device used for storing or holding boats above the surface of public waters.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).

ARSD 41:04:04:02 Dock and boat lift standards

No person may construct, repair, remodel, or maintain a dock or boat lift unless it conforms to the following standards:

(1) No dock may extend over the water for more than 60 feet, excluding the length of any "T" or "L" attachment;

(2) A dock shall have a walking platform at least 30 inches wide and no more then ten feet wide;

(3) No "T" or "L", or boat lift, or similar attachment to a dock may be more than 24 feet long; and

(4) No boat lift may be placed more than 60 feet from shore unless attached to a dock placed in accordance with an approved variance permit.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007.
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).

ARSD 41:04:04:03 Repealed

Nonconforming docks prohibited.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:04:04 Variance permits authorized -- Extent and time limited

The department may issue a non-transferable variance permit to exempt the person from compliance with the standards provided in § 41:04:04:02 to the extent and for the period of time allowed by the permit. No permit may be issued for a dock that extends over the water more than 60 feet unless the person applying for the permit signs a release and waiver of liability form provided by the department. Factors used in consideration for approving variance permits include current water level, design of the dock, and the intended use of the dock. Concessionaires or other entities authorized to operate from lands owned, leased, managed, or controlled by the department are exempt from the provisions in §§ 41:04:04:02 and 41:04:04:04 if the docks are authorized by the department under a concession or lease agreement.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007.
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).

ARSD 41:04:04:05 Requirements for dock and floating dock maintenance

Requirements for dock and floating dock maintenance are as follows:

(1) All docks and floating docks must be securely anchored in place to prevent drifting;

(2) All docks and floating docks must be free of safety hazards and may not constitute a public nuisance or severely detract from the aesthetic values of the public waters and the shoreline of adjacent property;

(3) The flotation material used in docks and floating docks must be composed of low-density, closed-cell, rigid plastic foam; high-impact polyethylene; fiber-glass; or other inert materials. Airtight, water-tight containers that are free of toxic or pollutive substances may also be used for flotation;

(4) All electrical wiring, connections, facilities, or appurtenances serving a dock must conform to the regulations adopted by the South Dakota state electrical commission; and

(5) Floating docks that are not attached to or in contact with the shoreline must, from sunrise to one-half hour after sunset, have attached to them a red flag at least 3 feet above the floor and plainly visible from a distance of at least 150 feet. No floating dock may remain on the waters from one-half hour after sunset until sunrise except when secured as close to the shoreline as possible. This section does not apply to floating docks placed in areas restricted for swimming by a political subdivision or the department.

History

Source: SL 1975, ch 16, § 1; 1 SDR 60, effective February 26, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).

ARSD 41:04:04:06 Permits revoked and docks removed upon violation

All variance permits as described in § 41:04:04:04 are subject to administrative revocation. All docks and floating docks are subject to removal from the public waters for failure to conform to the standards and requirements in this chapter.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007.
General Authority: SDCL 32-3A-1(6).
Law Implemented: SDCL 32-3A-1(6).

ARSD 41:04:04:07 Dock placement -- Authorized persons

No person may place or construct a dock, floating dock, or boat lift on, in, or over any public water or its shoreline except those persons expressly authorized by this section and under the following conditions:

(1) Any landowner whose property adjoins public waters if the dock, floating dock, or boat lift is placed within riparian boundaries of the landowner's property;

(2) Any person who receives written permission from a landowner whose property adjoins public waters if the dock, floating dock, or boat lift is placed within the riparian boundaries of the landowner's property;

(3) Any concessionaire or other entity authorized to operate from lands owned, leased, managed, or controlled by the department under a concession or lease agreement;

(4) A riparian landowner whose property is 50 feet or less in width and adjacent to a public water may place no more than one dock and one floating dock into the public water. A riparian landowner whose property is more than 50 feet in width and adjacent to a public water may place no more than two docks and one floating dock into the public water. A riparian landowner may place more than two docks into a public water if the owner secures a variance permit from the department and places the dock in accordance with the requirements identified in this chapter; or

(5) Any dock or floating dock may not be placed in such a manner so as to prohibit or preclude public access to waters or shoreline areas accessible to the public under existing state law.

History

Source: 33 SDR 225, effective June 25, 2007; 34 SDR 49, effective August 22, 2007.
General Authority: SDCL 32-3A-1(6), 41-2-18(4), 41-17-1.1(1).
Law Implemented: SDCL 32-3A-1(6), 41-2-18(4), 41-17-1.1(1).

Chapter 41:04:05 Motorboats and watercraft

ARSD 41:04:05:01 Transferred

Transferred** to § 64:16:01:01 .

ARSD 41:04:05:01.01 Boat license fees

The department shall license a boat based on the length of the boat and the type of propulsion, provided that a temporary boat license may be issued to a boat if the boat's owner or operator is a participant in a permitted fishing tournament. All boats must be licensed according to the following schedule:

(1) Nonmotorized boats over twelve feet and boats propelled solely by electric trolling motors: one year, eighteen dollars. Nonmotorized canoes owned by nonprofit youth organizations are exempt from license requirements when being used for organizational activities;

(2) Motorboats under nineteen feet: one year, thirty dollars;

(3) Motorboats nineteen feet and over: one year, fifty-five dollars; and

(4) Temporary fishing tournament boat license: ten consecutive days, fifty dollars.

Cross Reference: Definition, § 41:09:15:01.

History

Source: 10 SDR 120, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 14 SDR 57, effective October 21, 1987; 22 SDR 97, effective January 23, 1996; 27 SDR 126, effective June 6, 2001; 35 SDR 223, effective April 6, 2009; 37 SDR 53, effective September 27, 2010; 42 SDR 97, effective January 5, 2016; 46 SDR 74, effective December 2, 2019; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 32-3A-1, 32-3A-11(5).
Law Implemented: SDCL 32-3A-11(5).

ARSD 41:04:05:01.02 Licensing period

Applicants may apply for an annual license or a temporary fishing tournament boat license, which is valid for 10 consecutive days.

History

Source: 10 SDR 120, effective July 1, 1984; 14 SDR 57, effective October 21, 1987; 27 SDR 126, effective June 6, 2001; 37 SDR 53, effective September 27, 2010.
General Authority: SDCL 32-3A-4, 32-3A-11(5).
Law Implemented: SDCL 32-3A-4, 32-3A-11(5).

ARSD 41:04:05:02 Life preservers required

Life preservers are required on boats operated on the public waters, as follows:

(1) All boats less than 16 feet long must have on board one Coast Guard-approved wearable personal flotation device for each person;

(2) All boats, other than canoes and kayaks, 16 feet long or more must have on board one Coast Guard-approved wearable personal flotation device for each person and one Coast Guard-approved throwable device; and

(3) All boats towing persons on water skis, aquaplanes, knee boards, float tubes, air chairs, or similar devices must have on board a Coast Guard-approved wearable personal floatation device for each person being towed, except if the person being towed has a wearable Coast Guard-approved personal flotation device in the person's possession.

All flotation devices required by this section must be in serviceable condition, of an appropriate size for the persons for whom they are intended and readily accessible by those persons.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 207, effective June 5, 1995; 29 SDR 21, effective August 26, 2002; 30 SDR 99, effective December 22, 2003; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(1).
Law Implemented: SDCL 32-3A-1(1).

ARSD 41:04:05:02.01 Personal flotation device use required

If a boat is operated at greater-than-no-wake speed, personal flotation device use on the boat is required as follows:

(1) The operator of the boat shall ensure that each child on board under the age of seven is wearing a Coast Guard-approved personal flotation device unless the child is in a cabin or below deck; and

(2) Any individual who claims a hybrid or an inflatable personal flotation device as the individual's personal flotation device of choice shall use that personal flotation device in accordance with any requirements on the approval label or in the owner’s manual.

History

Source: 29 SDR 21, effective August 26, 2002; 51 SDR 123, effective May 26, 2025.
General Authority: SDCL 32-3A-1(1).
Law Implemented: SDCL 32-3A-1(1).

ARSD 41:04:05:03 Fire extinguishers required -- Exception

A fire extinguisher that bears an unexpired U.S. Coast Guard stamp of approval and is in serviceable condition is required on a motorboat operated on public waters as follows:

(1) Each Class A or Class 1 motorboat must carry at least one fire extinguisher of B-I type or larger;

(2) Each Class 2 motorboat must carry at least two fire extinguishers of B-I type or larger; and

(3) Each Class 3 motorboat must carry at least one B-II type and one B-I type or three B-I type fire extinguishers.

A Class A or Class 1 motorboat not carrying passengers for hire is exempt from the requirements of this section if the construction of the boat will not permit the entrapment of explosive or flammable gases or vapors.

Cross-Reference: Classification of boats for equipment purposes, SDCL 32-3A-18.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 16 SDR 32, effective August 20, 1989; 23 SDR 197, effective May 27, 1997; 38 SDR 178, effective April 30, 2012; 46 SDR 74, effective December 2, 2019; 51 SDR 123, effective May 26, 2025.
General Authority: SDCL 32-3A-1(1).
Law Implemented: SDCL 32-3A-1(1).

ARSD 41:04:05:04 Flame arresters required

The carburetors of all inboard motorboat engines using gasoline as fuel must be equipped with flame arresters, backfire traps, or similar devices that prevent any flames caused by engine backfire from being released in the engine compartment. The flame arresters, backfire traps, or similar devices must have the stamp of approval of the U.S. Coast Guard.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 10 SDR 120, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(1).
Law Implemented: SDCL 32-3A-1(1).

ARSD 41:04:05:04.01 Whistle required

A Class 1 motorboat must be equipped with a whistle or other sound-producing mechanical device capable of a two-second blast audible for at least one-half mile. A Class 2 or Class 3 motorboat must be equipped with a power-operated whistle capable of a two-second blast audible for one mile.

History

Source: 10 SDR 120, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(1).
Law Implemented: SDCL 32-3A-1(1).

ARSD 41:04:05:04.02 Bell required

A Class 3 motorboat must be equipped with an efficient bell.

History

Source: 10 SDR 120, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(1).
Law Implemented: SDCL 32-3A-1(1).

ARSD 41:04:05:05 Ventilation required

The owner of a boat, except open boats, using fuel of a volatile nature shall install air vents that will ventilate the bilges of the engine and fuel tank compartment and remove any explosive or inflammable gases.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(1).
Law Implemented: SDCL 32-3A-1(1).

ARSD 41:04:05:06 Navigation rules

The navigation rules for all boats underway on the waters of this state are those in 33 CFR § 83.01 through 83.19 and 33 CFR 83.32 through 83.37 (August 1, 2014).

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 40 SDR 197, effective May 27, 2014; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3).
Law Implemented: SDCL 32-3A-1(3).

ARSD 41:04:05:07 Repealed

Definition of underway.** Repealed.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 39 SDR 10, effective August 1, 2012.

ARSD 41:04:05:08 Restriction on right-of-way

A boat underway from a slip, dock, pier, or ramp does not have right-of-way and may not give passing signals until the boat is entirely clear of the area.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3).
Law Implemented: SDCL 32-3A-1(3).

ARSD 41:04:05:09 Blockage of docks forbidden

Passing boats may not block the entrance to or exit from a slip, dock, or pier.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3).
Law Implemented: SDCL 32-3A-1(3).

ARSD 41:04:05:10 Repealed

Overtaking -- Right-of-way.** Repealed.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 148, effective March 6, 1995; repealed, 40 SDR 197, effective May 27, 2014.

ARSD 41:04:05:11 Repealed

Procedure for passing oncoming boats.** Repealed.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 40 SDR 197, effective May 27, 2014.

ARSD 41:04:05:12 Repealed

Passing of boat with tow.** Repealed.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 40 SDR 197, effective May 27, 2014.

ARSD 41:04:05:13 Repealed

No disturbance by wash or wake.** Repealed.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 148, effective March 6, 1995; repealed, 26 SDR 174, effective July 4, 2000.

ARSD 41:04:05:14 Careless boat operation -- careless operation defined

No person may operate or allow the operation of any boat in a careless manner. Careless boat operation is defined as that which is done without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless operation of a boat as defined in § 42-8-46.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 148, effective March 6, 1995; 26 SDR 174, effective July 4, 2000; 43 SDR 146, effective May 22, 2017.
General Authority: SDCL 32-3A-1(3).
Law Implemented: SDCL 32-3A-1(3).

ARSD 41:04:05:15 Repealed

Audible signals.** Repealed.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 74, effective December 2, 2019.

ARSD 41:04:05:16 Emergency signals -- Boats to stop

Only an authorized emergency rescue or law enforcement boat may display flashing blue or red lights or sound a siren. Upon giving either signal, the emergency and enforcement boat has the right-of-way and all other boats must immediately stop.

History

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 38 SDR 178, effective April 30, 2012; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(3).
Law Implemented: SDCL 32-3A-1(3).

ARSD 41:04:05:16.01 Eluding a law enforcement officer

41 : 04 : 05 : 16.01 . Eluding a law enforcement officer. Any operator of a boat who, after failing or refusing to bring a boat to a stop pursuant to § 41:04:05:16 or after having been given a signal by hand, voice, emergency light, or siren, flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer is guilty of eluding.

History

Source: 43 SDR 146, effective May 22, 2017.
General Authority: SDCL 32-3A-1(3).
Law Implemented: SDCL 32-3A-1(3).

ARSD 41:04:05:17 Repealed

Failure to comply with requirements prohibited.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:04:05:18 Lights required -- Exception

From sunset to sunrise in all weather, the operator of a boat shall exhibit lights as required in Inland Rules 20 through 30, and Annex I--Positioning and Technical Details of Lights and Shapes, and Annex II--Additional Signals for Fishing Vessels Fishing in Close Proximity, as published by the United States Coast Guard in "Navigation Rules, International--Inland." In lieu of meeting the requirements of the inland rules, a boat may meet the requirements of International Rules 20 through 30, and Annex I and Annex II as published in the same document. This section does not apply to a law enforcement officer, as defined in § 23-3-27, while operating a boat owned, leased, or otherwise is the property of the state or a political subdivision, in the performance of the officer's duties if the officer's conduct is reasonable and if the officer reasonably believes that operating the boat without lights is necessary under the circumstances to investigate a criminal violation or suspected criminal violation of state laws or rules, court orders, or municipal or county ordinances. A law enforcement officer may not operate a boat without lights under this section:

(1) At speeds greater than what is reasonable and prudent under existing weather and traffic conditions;

(2) In situations in which the officer is an active participant in pursuing a boat; or

(3) Contrary to written policies or procedures established by the law enforcement officer's employer.

Reference: "Navigation Rules, International--Inland," United States Coast Guard, U.S. Department of Transportation, August 23, 1982. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Cost: $6.

History

Source: 16 SDR 32, effective August 20, 1989; 42 SDR 14, effective August 10, 2015; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(1)(3).
Law Implemented: SDCL 32-3A-1(1)(3).

ARSD 41:04:05:19 Overloading prohibited

No person may operate a boat loaded beyond the maximum number of persons, weight capacity, or a combination of persons and capacity, as stated on the capacity plate and affixed to the boat by the manufacturer, nor may a person operate a boat powered by an inboard or attached outboard motor where the total horsepower of the motor exceeds the total horsepower rating as stated on the capacity plate and affixed to the boat by the manufacturer.

History

Source: 40 SDR 197, effective May 27, 2014; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 32-3A-1(1)(3).
Law Implemented: SDCL 32-3A-1(1)(3).

Chapter 41:04:06 Nonmeandered waters

ARSD 41:04:06:01 Petition to restrict recreational use of nonmeandered lake

41 : 04 : 06 : 01 . Petition to restrict recreational use of nonmeandered lake. A landowner may petition the commission to restrict recreational use of waters of a nonmeandered lake that are open to recreational use pursuant to SDCL 41-23-9. A petition shall contain the following:

(1) Name and address of the petitioner;

(2) Proof of ownership and/or legal possession of the property underlying water being;

(3) Type of recreational access restriction requested;

(4) Reasons for the requested restriction;

(5) Periods of the year for the requested restriction;

(6) Duration of the requested restriction;

(7) Legal description and a map of the location of the water; and

(8) Proof of notice to adjacent landowners who may be affected by this petition.

History

Source: 44 SDR 65, effective October 16, 2017.
General Authority: SDCL 41-2-18(5), 41-23-9.
Law Implemented: SDCL 41-2-18(5), 41-23-9.

ARSD 41:04:06:02 Commission action on petition to restrict recreational use of nonmeandered lake

41 : 04 : 06 : 02 . Commission action on petition to restrict recreational use of nonmeandered lake. Upon receipt of a petition the commission shall set a date for a contested case proceeding and shall publish notice of the proceeding in accordance with SDCL 1-25-1.3 and SDCL 1-26-17. The notice shall be published in at least three local newspapers prior to the proceeding. This proceeding shall be considered a contested case proceeding as defined by SDCL 1-26-1. After a contested case proceeding, the commission shall adopt a resolution to grant, deny or modify the petition stating the reasons for partial or complete denial pursuant to SDCL 41-23-9.

History

Source: 44 SDR 65, effective October 16, 2017.
General Authority: SDCL 41-2-18(5), 41-23-9.
Law Implemented: SDCL 41-2-18(5), 41-23-9.

ARSD 41:04:06:03 Repealed

41 : 04 : 06 : 03 . Due process requirements for interested parties from the public. Repealed.

History

Source: 44 SDR 65, effective October 16, 2017; 46 SDR 74, effective December 2, 2019.

ARSD 41:04:06:04 Repealed

41 : 04 : 06 : 04 . Appeal from commission's final action on petition to restrict recreational use of nonmeandered lake. Repealed.

History

Source: 44 SDR 65, effective October 16, 2017; 46 SDR 74, effective December 2, 2019.

ARSD 41:04:06:05 Marking of closed nonmeandered bodies of water

41 : 04 : 06 : 05 . Marking of closed nonmeandered bodies of water. Any landowner who wishes to close the water overlying their flooded land on a nonmeandered waterbody must conspicuously mark the water as being closed to recreation use and notify the department within a reasonable time that they have done so.

History

Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 41-2-18(5), 41-23-5, 41-23-12.
Law Implemented: SDCL 41-2-18(5), 41-23-5, 41-23-12.

ARSD 41:04:06:05.01 Placement of department supplied signs

41 : 04 : 06 : 05.01 . Placement of department supplied signs. If a landowner closes a portion of the nonmeandered waters overlying the landowner's land and a sign would provide conspicuous notice of the restricted areas, the landowner shall place a sign supplied by the department to mark the body of water closed. Signs supplied by the department must be used to mark closed portions of frozen nonmeandered waters. Signs must be placed in accordance with § 41:04:06:05.03.

History

Source: 44 SDR 93, effective December 4, 2017; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(5), 41-23-5, 41-23-12.
Law Implemented: SDCL 41-2-18(5), 41-23-5, 41-23-12.

ARSD 41:04:06:05.02 Placement of buoys

41 : 04 : 06 : 05.02 . Placement of buoys. In situations in which a department supplied sign would be impractical or not provide conspicuous notice to the public of closed portions of nonmeandered waters, the landowner shall acquire and set buoys in compliance with § 41:04:06:05.03.

History

Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 41-2-18(5), 41-23-5, 41-23-12.
Law Implemented: SDCL 41-2-18(5), 41-23-5, 41-23-12.

ARSD 41:04:06:05.03 Specifications for sign placement and buoy standards for marking closed nonmeandered waters

41 : 04 : 06 : 05.03 . Specifications for sign placement and buoy standards for marking losed nonmeandered waters.

(1) Signs and buoys must be placed no further apart than 660 feet.

(2) Buoys must be a red, spherical design consisting of a diameter not less than 14.5 inches and a length not less than 19.5 inches.

(3) Buoys must be marked with contrasting letters at least 3 inches tall stating "CLOSED."

(4) All property corner boundaries located in the water must be conspicuously marked with a sign or buoy.

History

Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 41-2-18(5), 41-23-5, 41-23-12.
Law Implemented: SDCL 41-2-18(5), 41-23-5, 41-23-12.

ARSD 41:04:06:06 Transportation lane petition

41 : 04 : 06 : 06 . Transportation lane petition. Upon receipt of a petition to establish a transportation lane, the commission shall, at the next regularly scheduled commission meeting, consider the request and either deny, grant, or modify the petition. The department shall notify any landowner that may be affected by the proposed transportation lane. If the commission grants or modifies a petition, the commission shall initiate the rule making procedure established by SDCL chapter 1-26. The petitioner shall demonstrate the necessity of a transportation lane by meeting the conditions laid out in SDCL 41-23-16.

History

Source: 47 SDR 110, effective April 29, 2021.
General Authority: SDCL 41-23-16.
Law Implemented: SDCL 41-23-16.

ARSD 41:04:06:07 Transportation lanes established

41 : 04 : 06 : 07 . Transportation lanes established. While accessing the transportation lane, an individual shall take the most direct path to the open nonmeandered body of water and shall not hunt, fish, or trap in any manner while in the transportation lane. The department shall be responsible for marking all transportation lanes established pursuant to this chapter. Transportation lanes established in this rule shall be reviewed prior to December 1 of each year for necessity and reported to the commission.

History

Source: 47 SDR 110, effective April 29, 2021.
General Authority: SDCL 41-23-16.
Law Implemented: SDCL 41-23-16.