South Dakota state law: outdoor burning permitted with material restrictions, subject to county and DANR suspension

Outdoor open burning is regulated by three layers of South Dakota law. (1) ARSD Article 74:36 (Air Pollution Control), administered by the South Dakota DANR Air Quality Program, sets statewide rules on what may be burned in an open fire and how. Per ARSD 74:36:06:07, it is prohibited to openly burn any material that generates hazardous air pollutants — including tires, rubber, oils, railroad ties, coated electrical wire, tarpaper, asphalt shingles, hazardous waste, pesticide containers, asbestos materials, and wood treated with inorganic arsenicals, pentachlorophenol, or creosols. Allowable open burning includes land clearing, right-of-way maintenance, agricultural crop burning, prescribed fire for ecosystem management, untreated wood disposal, and fire training. Operators must direct smoke away from cities and occupied residences; conduct burns between three hours after sunrise and three hours before sunset; avoid creating road or airport visibility hazards; notify local fire departments, sheriffs, and nearby airports beforehand; and maintain continuous supervision until the fire is completely extinguished. (2) SDCL §34-37-19 (Power of board of county commissioners) authorizes counties to adopt fire-danger ordinances restricting outdoor burning tied to the South Dakota Grassland Fire Danger Index — violation is a Class 2 misdemeanor. Most South Dakota counties (especially in the central and western prairie zones) issue seasonal burn-ban orders during high-danger windows. (3) SDCL §34-37-16.1 authorizes the South Dakota Wildland Fire Division to impose statewide fire-danger suspensions on outdoor burning, fireworks, and other ignition sources. (4) Municipalities under SDCL §9-29-1 may set additional rules on residential burning inside city limits (Sioux Falls Code §96.005 generally prohibits open burning except recreational fires; Rapid City similar).

Burning prohibited materials in violation of ARSD 74:36 is enforceable by DANR under SDCL §34A-1 (Environmental Protection) — civil penalties up to $10,000 per day per violation under SDCL §34A-1-39. County burn-ban violations are Class 2 misdemeanors under SDCL §34-37-19 (up to 30 days in county jail and/or $500 fine). A negligently set fire that escapes and damages property may trigger civil liability under common law and could be charged as arson by negligence under SDCL §22-33-9.2 (intentional fire) or as a county misdemeanor.