HB1001 — Changes to Existing Law | SD Legislature Tracker

NEW SECTION added to Chapter 34-35

A person that owns land adjacent to state-owned land bordering the Missouri River may burn the state-owned land in conjunction with the person's own land by utilizing prescribed burning, if: (1) The person submits a written request providing the location of the person's own land and the state-owned land, and the timeframe during which the burn will occur, to the associated department secretary or commissioner in control of the state-10 owned land; (2) The person has reasonable forces and equipment available to suppress the spread of the fire; (3) The prescribed burn is for the purposes of controlling or eradicating invasive woody species and grassland management; (4) The associated department secretary or commissioner in control of the state-16 owned land consents in writing to the burn as an appropriate land management technique for the state-owned land; and (5) The person does not violate § 34-35-9 or 34-35-10 during the course of the prescribed burn. The person conducting a prescribed burn pursuant to this statute assumes all liability for the burn. The state is immune from liability, and no cause of action for damages may arise against the state as a result of a prescribed burn conducted by a person pursuant to this section. Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. 3