South Dakota Statewide Rule
South Dakota state law: yard waste disposal, landfill ban
Key Facts
- Statute
- SDCL § 34A-6-67
- Landfill ban effective
- 1995
- Burn rules
- ARSD 74:36 + SDCL § 34-37-19 (county)
- Composting facility permits
- DANR under SDCL Chapter 34A-6
Summary
South Dakota PROHIBITS disposal of yard waste in any solid waste landfill statewide under SDCL 34A-6-67, effective since 1995. Leaves, grass clippings, and similar vegetative material must be composted, mulched, taken to a permitted yard-waste composting facility, or otherwise diverted. Cities and counties commonly operate seasonal yard-waste collection or drop-off composting sites. Burning yard waste is restricted by county fire-danger rules under SDCL 34-37-19 and DANR air-quality regulations (ARSD Article 74:36).
In order to achieve the waste reduction goals provided for under § 34A-6-60, no landfill in the state may accept yard waste, lead acid batteries, waste motor oil, or white good appliances for disposal. Office and computer paper, old newspaper, magazines, telephone books, corrugated cardboard, other marketable paper products, containers made from plastic, aluminum, and steel, and other municipal solid waste materials that are diverted from landfilling using appropriate methods and technology count toward the waste reduction goal. Appropriate methods and technology includes recycling facilities.
Full Breakdown
SDCL 34A-6-67 prohibits landfilling of yard waste, lead-acid batteries, waste motor oil, and white goods at any South Dakota solid waste facility: a ban in effect since 1995. DANR permits yard-waste composting facilities under SDCL Chapter 34A-6. Yard waste means leaves, grass clippings, and similar vegetative material, generally not land-clearing debris or stumps. Households must compost on-site, use a city or county collection program, haul to a permitted compost facility, or arrange chip-and-mulch service. On-site backyard composting is generally permitted and not state-regulated at residential scale. Burning yard waste is regulated by DANR air-quality rules (ARSD Article 74:36) and by county commissioners under SDCL 34-37-19, who may ban burning when the South Dakota Grassland Fire Danger Index is extreme.
Violations & Penalties
Landfilling yard waste violates SDCL 34A-6-67 and triggers SDCL Chapter 34A-6 administrative/civil enforcement against the generator and the facility (orders, civil penalties, permit conditions). Illegal dumping of yard waste off-site (e.g., dumping leaves in a ditch or vacant lot) violates SDCL 34A-6-87: under 10 lbs is Class 2 misdemeanor littering (SDCL 34A-7-6); 10–2,000 lbs is Class 1 misdemeanor; over 2,000 lbs knowingly is a Class 6 felony. Yard-waste burning during a county fire-restriction order violates SDCL 34-37-19 (misdemeanor).
Frequently Asked Questions
Can I throw grass clippings and leaves in my trash bin in South Dakota?
Can I burn my leaves in my backyard in South Dakota?
Sources
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