South Dakota Administrative Rules
Title 41 - Department of Game, Fish And Parks
Article 41:03 - Parks and public lands
Chapter 41:03:01 - Uses of parks and public lands
Section 41:03:01:05 - Destruction or removal of natural or cultural features prohibited - Exception

A person may not destroy, damage, or remove a living or dead tree, shrub, or vegetation; disturb any earth, rocks, minerals, natural formations, or cultural resources; or destroy, damage, or remove skulls, or other parts of animal carcass located on lands owned or leased by the department without written permission from the secretary or a designated agent. However, a person participating in religious activities in Bear Butte State Park or on department land owned or leased adjacent to the Missouri River may use grasses and forbs taken from these lands for ceremonial purposes. For purposes of this rule, a cultural resource includes historic properties, archaeological resources, and Native American cultural items (including human remains, associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony, as defined in the Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. § 3001, as amended through February 2, 2009).

General Authority: SDCL 41-2-18(4), 41-17-1.1(1)(3).

Law Implemented: SDCL 41-2-18(4), 41-17-1.1(1)(3).