The starting of an open fire within the Black Hills Forest Fire Protection District by a person or a group of persons is prohibited unless a permit to do so is first obtained from the Department of Public Safety or from the United States Forest Service. An open fire as used in this section and § 34-35-17, is any fire to burn slash, brush, grass, stubble, debris, rubbish, or other inflammable material not enclosed in a stove, sparkproof incinerator, or an established fireplace approved or constructed by public agencies in designated recreation areas. A violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for civil damages for all injuries caused by the fire.
S.D. Codified Laws § 34-35-16
Permit required for open fire in Black Hills district--Violation as misdemeanor--Liability for civil damages
Applied in 1 court decision — leading case State v. Brave Heart (1982)
Most recently applied in State v. Brave Heart (November 1982)
Source: SDC Supp 1960, §§ 25.1305, 25.1306 as enacted by SL 1966, ch 73, § 2; SL 1986, ch 289; SL 2002, ch 252 (Ex
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.