South Dakota Administrative Rules
Title 41 - Department of Game, Fish And Parks
Article 41:04 - Public waters
Chapter 41:04:04 - Docks
Section 41:04:04:07 - Dock placement - Authorized persons

Universal Citation: SD Admin Rules 41:04:04:07

Current through Register Vol. 51, page 43, September 23, 2024

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.

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).

Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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