25.206.11 100th Legislative Session 34
2025 South Dakota Legislature
Senate Bill 34
ENROLLED
AN ACT
ENTITLED An Act to update the roles of the Department of Agriculture and Natural
Resources and the Department of Public Safety regarding burning and burn
permit issuing authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-41-4 be AMENDED:
1-41-4. The Department of Agriculture and Natural Resources shall, under the
direction and control of the secretary of agriculture and natural resources, perform all the
functions of the Department of Agriculture created by chapters 38-1, 39-1, 40-37, 41-20,
54-13, and the functions of the former Department of Environment and Natural Resources
created by titles 34, 34A, 45, 46, and 46A, except the inspection functions vested in the
Department of Public Safety by §§ 34-39-3.1 and 39-1-1.1 and South Dakota Wildland
Fire functions vested in the Department of Public Safety by Executive Reorganization Order
2021-03.
Section 2. That § 34-35-17 be AMENDED:
34-35-17. Any United States forest service supervisor or the secretary of public
safety may, upon an application, issue a permit to a person to start an open fire within
the Black Hills Forest Fire Protection District, if the fire is not expected to endanger the
life or property of another. The permit may be denied if the climatic conditions or location
of the material to be burned is such that the burning would endanger the life or property
of others. A permit may be issued subject to conditions and restrictions, as necessary to
prevent the spread of the permitted fire, and may be revoked if changing conditions make
the burning unsafe.
Section 3. That § 34-35-18 be AMENDED: 25.206.11 2 34
SB34 ENROLLED
34-35-18. The secretary of public safety or the secretary's designee may set fires
in woods or prairie for the purposes of forest and range management, provided that
reasonable forces and equipment are available to suppress the spread of the fire. 25.206.11 3 34
SB34 ENROLLED
An Act to update the roles of the Department of Agriculture and Natural Resources and the
Department of Public Safety regarding burning and burn permit issuing authority.
I certify that the attached Act originated in
the:
Senate as Bill No. 34
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
Senate Bill No. 34
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State