South Dakota Codified Laws 41-23-9. Petition to restrict recreational use of listed nonmeandered lake
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The commission shall promulgate rules, pursuant to chapter 1-26, to establish a process whereby an owner of private property underlying any nonmeandered lake listed in § 41-23-8 may petition the commission to allow the owner of private property to restrict recreational use of the water overlying the owner’s private property. The commission shall determine whether to grant, deny, or modify the petition. The commission shall consider privacy, safety, and substantially affected financial interests of the owner of the private property underlying the water, as well as history of use, water quality, water quantity, and the public’s interest in recreational use of the water.
Terms Used In South Dakota Codified Laws 41-23-9
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Recreational use: except as otherwise provided by law, use for outdoor sporting and leisure activities, including, but not limited to, hunting, fishing, swimming, floating, boating, and trapping. See South Dakota Codified Laws 41-23-2
Source: SL 2017 (SS), ch 1, § 9, eff. June 12, 2017.