HB1001 • 2026

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

Agriculture

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: The Chair of the Committee on <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1260/Detail">Agriculture and Natural Resources</a> at the request of the Department of Public Safety
Last action: 2026-03-09
Official status: Signed by the Governor
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

What This Bill Does

provide for prescribed burning of state-owned land by a person owning adjoining land and to declare an emergency.
Official keyword topics: Administrative Procedure Emergency Clause Executive/Judiciary Request Firefighters Leased Property Liability Property Public Health and Safety Official sponsor note: The Chair of the Committee on <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1260/Detail">Agriculture and Natural Resources</a> at the request of the Department of Public Safety

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

1001F

None

Filed

Plain English: 1001F 101st Legislative Session 1001 2026 South Dakota Legislature House Bill 1001 Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department of Public Safety Underscores indicate new language.

1001F 101st Legislative Session 1001 2026 South Dakota Legislature House Bill 1001 Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department of Public Safety Underscores indicate new language.
Overstrikes indicate deleted language.
AMENDMENT 1001F FOR THE INTRODUCED BILL An Act to provide for prescribed burning of state -owned land by a person owning 1 adjoining land and to declare an emergency.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1.

1001G

None

Filed

Plain English: 1001G 101st Legislative Session 1001 2026 South Dakota Legislature House Bill 1001 Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department of Public Safety Underscores indicate new language.

1001G 101st Legislative Session 1001 2026 South Dakota Legislature House Bill 1001 Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department of Public Safety Underscores indicate new language.
Overstrikes indicate deleted language.
AMENDMENT 1001G FOR THE INTRODUCED BILL An Act to provide for prescribed burning of state -owned land by a person owning 1 adjoining land and to declare an emergency.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1.

Bill History

2026-03-09 House of Representatives
Signed by the Governor
2026-03-03 House of Representatives
Delivered to the Governor
2026-03-02 Senate
Signed by the President
2026-02-26 House of Representatives
Signed by the Speaker
2026-02-25 Senate
Do Pass Amended
2026-02-24 Senate Agriculture and Natural Resources
Do Pass
2026-02-24 Senate Agriculture and Natural Resources
Scheduled for hearing
2026-02-10 Senate
First read in Senate and referred to Senate Agriculture and Natural Resources
2026-02-09 House of Representatives
Do Pass Amended
2026-02-05 House Agriculture and Natural Resources
Do Pass Amended
2026-02-05 House Agriculture and Natural Resources
Motion to amend
2026-02-05 House Agriculture and Natural Resources
Scheduled for hearing
2026-01-13 House of Representatives
First read in House and referred to House Agriculture and Natural Resources

Official Summary Text

provide for prescribed burning of state-owned land by a person owning adjoining land and to declare an emergency.
Official keyword topics:
Administrative Procedure
Emergency Clause
Executive/Judiciary Request
Firefighters
Leased Property
Liability
Property
Public Health and Safety
Official sponsor note: The Chair of the Committee on <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1260/Detail">Agriculture and Natural Resources</a> at the request of the Department of Public Safety

Current Bill Text

Read the full stored bill text

26.400.11 101st Legislative Session 1001

2026 South Dakota Legislature
House Bill 1001
ENROLLED

AN ACT

ENTITLED An Act to provide for prescribed burning of state-owned land by a person
owning adjoining land and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be 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, provided the person submits a written request to the department
secretary or commissioner in control of the land and receives consent, in writing, stating
that the prescribed burn is an appropriate land management technique.
The written request for consent to utilize prescribed burning of the land must:
(1) Indicate that the purpose for the prescribed burning is to control or eradicate
woody species and provide grassland management;
(2) Include a description of the person's land and the state-owned land to be burned;
and
(3) Provide the timeframe within which the prescribed burn is to occur.
Written consent provided by the department secretary or a commissioner serves
as an authorization by the state, for purposes of § 5-4-15.
A person who receives written consent from the department secretary or a
commissioner to burn state -owned land in conjunction with the person's own land shall
ensure the availability of reasonable forces and equipment necessary to provide for fire
suppression and is responsible for complying with §§ 34-35-9 and 34-35-10, and with all
other applicable laws during the prescribed burn.
A person who receives written consent from the department secretary or a
commissioner to burn state-owned land in conjunction with the person's own land assumes
all liability for the burn. The state is immune from liability, and no cause of action for
26.400.11 2 1001
HB1001 ENROLLED
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.
26.400.11 3 1001
HB1001 ENROLLED
An Act to provide for prescribed burning of state -owned land by a person owning adjoining
land and to declare an emergency.

I certify that the attached Act originated in
the:

House as Bill No. 1001

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1001
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State