Who decides what counts as a noxious weed in South Dakota?

The South Dakota Weed and Pest Control Commission designates statewide noxious weeds. County weed and pest boards may add additional locally designated species within their county boundaries.

What happens if I ignore a county weed control notice?

The county weed board may enter the property, treat the weeds, and bill the landowner. Unpaid charges become a lien collected with property taxes, and misdemeanor charges may be filed.

South Dakota Weed Ordinances (2026)

Key Facts

Statute: SDCL Chapter 38-22
Designating body: Weed and Pest Control Commission
Local enforcement: County weed boards
Cost recovery: Lien on property
Statewide weeds: Seven primary species

Source: South Dakota Legislature

Full Breakdown

Under SDCL Chapter 38-22, every person owning or occupying land in South Dakota must control noxious weeds. The state Weed and Pest Control Commission designates statewide noxious weeds (including Canada thistle, leafy spurge, perennial sow thistle, hoary cress, Russian knapweed, purple loosestrife, and salt cedar) and county boards may add local species. County weed and pest boards inspect properties, issue notices to control, and may enter land to perform treatment if owners fail to comply. The cost of any forced treatment becomes a lien on the property, collectible like real estate taxes.

Violations & Penalties

Failure to control noxious weeds after written notice allows the county to perform treatment and assess costs as a property tax lien; misdemeanor penalties also apply.

South Dakota Noxious Weed Control Law

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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