South Dakota Statewide Rule

South Dakota state law: outdoor burning permitted with material restrictions, subject to county fire-danger restrictions

Some RestrictionsApplies statewide across South Dakota (2026)

Key Facts

Statewide burn ban: None; ARSD 74:36 limits materials
Prohibited materials: Tires, rubber, treated wood, asphalt, asbestos, oils
Burn hours: 3 hours after sunrise to 3 before sunset
Notification required: Fire department, sheriff, nearby airports
County authority: SDCL 34-37-19 (Class 2 misdemeanor)
Civil penalty (ARSD): Up to $10,000/day (SDCL 34A-1-39)

Last verified: September 5, 2026Source: South Dakota Legislature

Summary

South Dakota imposes no uniform statewide open-burning ban, but DANR Air Quality rules under ARSD Article 74:36 prohibit burning certain materials, restrict burn timing, and require notifying fire departments and nearby airports. Counties may impose fire-danger burn bans under SDCL 34-37-19 when the Grassland Fire Danger Index is extreme.

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.

Source: South Dakota LegislatureView official code

Full Breakdown

Outdoor open burning is regulated on two main layers. (1) ARSD Article 74:36 (Air Pollution Control), administered by DANR Air Quality, governs what may be burned and how. Under ARSD 74:36:06:07, it is unlawful to openly burn materials that generate hazardous air pollutants, tires, rubber, oils, railroad ties, treated wood, asphalt shingles, hazardous waste, and asbestos. Operators must direct smoke away from occupied areas, burn between three hours after sunrise and three hours before sunset, avoid visibility hazards, and notify local fire departments, sheriffs, and nearby airports. (2) SDCL 34-37-19 lets county commissioners restrict outdoor burning tied to the Grassland Fire Danger Index, violation is a Class 2 misdemeanor. Municipalities may set stricter rules under SDCL 9-29-1.

Violations & Penalties

Burning prohibited materials (ARSD 74:36) is enforceable by DANR under SDCL 34A-1, with civil penalties up to $10,000 per day (SDCL 34A-1-39). Violating a county burn ban (SDCL 34-37-19) is a Class 2 misdemeanor (30 days' jail and/or $500).

Frequently Asked Questions

Can I burn leaves and yard waste in South Dakota?

Generally yes outside city limits, subject to ARSD 74:36: burn only untreated wood and natural vegetation, three hours after sunrise to three hours before sunset, direct smoke away from neighbors, and notify the local fire department and sheriff. Many cities (Sioux Falls, Rapid City) restrict yard-waste burning inside city limits.

What materials are illegal to burn in South Dakota?

Under ARSD 74:36:06:07 you may not openly burn tires, rubber, oils, railroad ties, coated wire, tarpaper, asphalt shingles, treated wood, hazardous waste, pesticide containers, or asbestos. DANR can impose civil penalties up to $10,000 per day.

Can the state shut down all outdoor burning?

Counties can. SDCL 34-37-19 lets county commissioners ban outdoor burning when the South Dakota Grassland Fire Danger Index reaches the extreme category, and the Governor may impose broader fire restrictions by executive proclamation. Check your county before burning.

Do I have to call the fire department before burning?

Yes. ARSD 74:36 requires you to notify local fire departments, sheriffs, and nearby airports before open burning. Failure to notify can subject you to DANR civil enforcement and negligence liability if a fire escapes.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.