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HB 1001

provide for prescribed burning of state-owned land by a person owning adjoining land and to declare an emergency.

2026 Regular Session

Allows adjacent private landowners to coordinate prescribed burns on Missouri River state land with written state consent, shifting liability to the landowner.

Signed by the Governor on 2026-03-09 H.J. 534
#administrativeprocedure #emergencyclause #executive/judiciaryrequest #firefighters #leasedproperty #liability #property #publichealthandsafety
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Bill Summary · HB 1001

Summary of HB 1001 (2026) – South Dakota

Overview

HB 1001 proposals authorize a person who owns land adjoining state-owned land along the Missouri River to conduct prescribed burns on the state-owned land in conjunction with their own land. The bill establishes a process for written requests and written Department/Secretary consent, sets responsibilities for fire suppression, and limits liability by stating the state is immune from damages arising from such prescribed burns. It also declares an emergency, making the act effective upon enactment.

Purpose and Intent

  • Provide a mechanism for using prescribed burning as a land management tool on state-owned land when coordinated with adjacent private landowners.
  • Target management of invasive woody species and overall grassland management on state-owned land along the Missouri River.
  • Clarify authorization, responsibilities, and liability to facilitate safe and controlled burns.

Key Provisions and Changes

  • Eligibility and Scope

    • Applies to landowners whose property adjoins state-owned land bordering the Missouri River.
    • Burn activity must be conducted in conjunction with the landowner’s own land and use prescribed burning.

  • Authorization Process

    • The adjacent landowner must submit a written request to the department secretary or commissioner who controls the state-owned land, including:
    • Location of both parcels (private and state-owned land).
    • Timeframe during which the burn will occur.
    • Written consent must be obtained from the department secretary or commissioner in control of the state-owned land, indicating that prescribed burning is an appropriate land management technique.

  • Conditions for Burns

    • The landowner must have reasonable firefighting forces and equipment available to suppress the spread of fire.
    • The burn must be for controlling or eradicating invasive woody species and for grassland management.
    • The burn must not violate specified state laws (Sections 34-35-9 or 34-35-10), with written consent indicating compliance and suitability as a land management technique.
    • The written consent must:
    • State the purpose (invasive species control and grassland management).
    • Describe both parcels of land involved.
    • Provide the burn timeframe.

  • Responsibilities and Liabilities

    • The landowner receiving written consent must ensure fire suppression resources are available and comply with all relevant laws during the burn.
    • The landowner assumes all liability for the burn; the state is immune from liability and cannot be sued for damages arising from the prescribed burn conducted under this section.

  • Legal and Administrative Immunity

    • Written consent from the department secretary or commissioner serves as authorization under the relevant statutory framework (§ 5-4-15).

  • Emergency Declaration

    • The act declares an emergency, making it effective immediately upon passage and approval.

Affected Parties

  • Primary: Private landowners adjoining state-owned land along the Missouri River.
  • Secondary: State agencies/department officials who control the affected state-owned land (to issue written consent and oversee compliance).
  • Public: Residents and users of state-owned lands may experience changes in land management practices and potential fire risk/benefit dynamics.

Procedural and Timeline Aspects

  • The bill requires a formal written request from the adjacent landowner and written written consent from the managing state official before any burn can proceed.
  • Consent documents serve as authorization under existing law (referenced § 5-4-15).
  • The act—labeled an emergency measure—takes effect immediately after passage and approval.

Practical Implications

  • Could streamline use of prescribed burning as a land management tool by formalizing joint consent and clarifying liability.
  • Shifts some responsibility and risk to private landowners who want to coordinate burns with state-owned land.
  • May reduce invasive woody species and improve grassland management on state-owned riverfront lands, depending on implementation and compliance.
  • Requires resources and preparedness from landowners to ensure effective and safe burns.

Note: The bill passed through the South Dakota Legislature in 2026 and was signed by the Governor, taking effect upon approval as an emergency measure.

Compiled from official sources — confirm details with the bill’s official record.

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