South Dakota state law: noxious weed control

SDCL Chapter 38-22 (Weed and Pest Control) establishes a statewide regulatory program administered by the South Dakota Weed and Pest Control Commission within the South Dakota Department of Agriculture and Natural Resources (DANR). The Commission maintains the official Noxious Weed list; statewide listed noxious weeds include Canada thistle, leafy spurge, perennial sow thistle, hoary cress (whitetop), Russian knapweed, purple loosestrife, salt cedar (tamarisk), absinth wormwood, plumeless thistle, musk thistle, and yellow toadflax. Counties may add locally listed noxious weeds. Per SDCL 38-22-19 (Duty of landowner to control noxious weeds), every person owning or occupying land must control state-listed noxious weeds on that land. County weed and pest boards (SDCL 38-22-14) administer enforcement at the county level; the county weed supervisor inspects, notifies, and if necessary contracts spraying at the landowner's expense, with cost recovery as a special assessment on the property tax bill. Municipal tall-grass and nuisance ordinances under SDCL Chapter 9-32 are a separate, complementary layer aimed at urban property maintenance. This is one of the few South Dakota landscaping topics with a real statewide mandate.

Failing to control state-listed noxious weeds after notice from the county weed supervisor is a Class 2 misdemeanor under SDCL 38-22-25 in addition to the cost-recovery remedy. The county may enter the land, treat the weeds, and certify the cost to the county auditor for collection as a special assessment against the property under SDCL 38-22-22 and related sections.