Can I burn household trash on my property in South Dakota?

No. State air quality rules prohibit open burning of garbage, plastics, tires, and treated lumber. Only clean wood, vegetative debris, and certain agricultural materials are generally permitted.

How do I find out if a burn ban is in effect?

Check the South Dakota Wildland Fire Division burn restriction map or your county sheriff or emergency management office. Bans override any local burn permit you may hold.

Are agricultural burns regulated by the state?

Yes. Agricultural burns are allowed under state rules but must not create smoke hazards on roadways or violate active burn bans, and may require notification to local fire dispatch.

South Dakota Outdoor Burning & Burn Ban (2026)

Key Facts

Air Rules: ARSD 74:36
Burn Ban Authority: Governor and counties
Banned Materials: Tires, garbage, plastics
Civil Penalty: Up to $10,000/day
Nuisance Test: No smoke hazard allowed

Source: South Dakota Legislature

Full Breakdown

Open burning is governed primarily by SDCL Chapter 34A-1 (Air Pollution Control) and Administrative Rules of South Dakota Article 74:36, which prohibit burning of garbage, tires, demolition debris, and certain materials statewide. Agricultural, ditch, and silvicultural burning are generally allowed if smoke does not create a nuisance or hazard. Under SDCL 34-35, the Governor and county commissions may impose burn bans during drought or elevated fire danger; the Wildland Fire Division coordinates restrictions. Local rules may add stricter limits, but cannot authorize burning prohibited by state law or during a declared ban.

Violations & Penalties

Burning prohibited materials or violating an active burn ban is a misdemeanor and may incur civil penalties up to $10,000 per day under SDCL 34A-1 air quality enforcement.

South Dakota Open Burning Rules and State Burn Bans

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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