S.D. Admin. R. 74:02:10:02

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:02:10:02 - Landowner requirements

Persons constructing or maintaining a fence across a navigable stream shall:

(1) Provide the following information to the chief engineer:

(a) The name, address, and telephone number of the landowner proposing to construct or maintain the fence;

(b) The name, address, and telephone number of the person responsible for maintaining the fence if different than the landowner; and

(c) The location of the fence where it crosses the stream, described by its direction and distance from the nearest legal section corner, including section number, township, and range;

(2) Install and maintain a functional gate in the fence over the stream or, if allowed by a variance, immediately adjacent to the public right of way to allow passage of boats, canoes, other vessels, snowmobiles, and pedestrians; and

(3) Remove the gate or keep it open when livestock are not present, unless a variance has been granted.

S.D. Admin. R. 74:02:10:02

18 SDR 59, effective 9/29/1991.

General Authority: SDCL 43-17-36.

Law Implemented: SDCL 43-17-35.