25.888.9 100th Legislative Session 1236
2025 South Dakota Legislature
House Bill 1236
Introduced by: Representative Reimer
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to expand the safety zone within which hunting and trapping are restricted. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 41-9-1.1 be AMENDED: 3
41-9-1.1. Except for controlled access facilities as defined in § 31-8-1, interstate 4
highways, unimproved section lines not commonly used as public rights -of-way, and 5
highways within parks or recreation areas or within or adjoining public shooting areas or 6
game refuges posted for restriction of an applicable use as hereinafter set forth by the 7
Department of Game, Fish and Parks, § 41-9-1 does not apply to fishing, trapping, or 8
hunting on highways or other public rights -of-way within this state that meet the 9
requirements of § 41-9-1.3. For purposes of this section, hunting on highways or other 10
public rights-of-way includes: 11
(1) The shooting at or taking by legal methods of small game, except mourning dove, 12
that are located within the boundaries of the highway or public right-of-way; and 13
(2) The shooting at or taking by legal methods of small game, except mourning dove, 14
that are in flight over private land if the small game has either originated from or 15
has taken flight from the highway or public right-of-way or if the small game is in 16
the process of flying over the highway or public right-of-way. 17
Only the owner of the occupied dwelling, church, or schoolhouse; the owner of 18
livestock; or a person who has written permission from the owner of the occupied dwelling, 19
church, or schoolhouse, or the owner of the livestock may use such highways or rights -20
of-way for the purposes of discharging any firearm or for the purposes of hunting defined 21
in this title within a six hundred sixty-foot one-quarter mile safety zone surrounding an 22
occupied dwelling, a church, schoolhouse, or livestock. No other person may discharge a 23
firearm at small game within the safety zone. No person, except the adjoining landowner 24
or any person receiving written permission from the adjoining landowner, may use such 25
highways or rights-of-way for the purpose of trapping within six hundred sixty feet one-26 25.888.9 2 1236
Underscores indicate new language.
Overstrikes indicate deleted language.
quarter mile of an occupied dwelling, church, or schoolhouse. A violation of this section is 1
a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm 2
within six hundred sixty feet one-quarter mile of any occupied dwelling, church, or 3
schoolhouse for which that distance has been clearly and accurately marked and posted, 4
the court shall, in addition to any other penalty, revoke the person's hunting privileges for 5
a period of one year from the date of conviction. The sentencing court may order the 6
revocation of hunting privileges authorized by this section to be served consecutively with 7
any other revocation of the person's hunting privileges imposed for a violation for which 8
the person is convicted and for which revocation of the privileges is authorized under this 9
title. 10