South Dakota Statewide Rule

South Dakota state law: Heritage and landmark trees

Few RestrictionsApplies statewide across South Dakota (2026)

South Dakota has NO statewide heritage-tree, landmark-tree, or champion-tree legal designation. The SD Department of Agriculture and Natural Resources Forestry Division maintains a Big Tree Register, but this is a recognition program with NO regulatory or protective effect. Heritage-tree ordinances (where they exist) are creatures of municipal code under SDCL 9-29-1 general welfare authority and SDCL Chapter 11-4 municipal zoning.

Key Facts

Statute: SDCL §9-29-1; SDCL Chapter 9-38
State heritage-tree law?: None — no statewide designation system
Big Tree Register: Recognition only; non-regulatory (SD DANR Forestry)
Treble-damages statute: SDCL §21-3-5 (three times damages for wrongful tree injury)
Local authority: SDCL §9-29-1 general welfare power; Chapter 11-4 zoning

Last verified: 2026-06-02

Full Breakdown

South Dakota Codified Laws contain no heritage-tree statute. The South Dakota Big Tree Register, administered by the SD DANR Resource Conservation and Forestry Division, identifies the largest known specimen of each native and naturalized tree species in the state. Listing on the Big Tree Register confers honorific recognition only — it does NOT trigger any state-law removal restriction, permit requirement, replacement obligation, or penalty for cutting. A landowner whose tree is on the register is free to remove it. Local heritage-tree ordinances (specimen-tree, landmark-tree, or notable-tree designations) are authorized under SDCL 9-29-1 (municipal general welfare power) and SDCL Chapter 11-4 (municipal zoning). Sioux Falls, Rapid City, Brookings, and other Tree City USA participants may identify specimen trees within parks and along boulevards under municipal forestry programs administered through SDCL Chapter 9-38 (parks, parkways, boulevards). The SD Constitution Article XVII (corporate / property protections) and broader property-rights culture have generally discouraged the SD Legislature from enacting heritage-tree protections that would burden private property owners. Tribal heritage trees on reservation land may have separate protections under tribal code (e.g., Pine Ridge, Rosebud, Standing Rock) not covered here.

Violations & Penalties

No state penalties exist for removing a Big Tree Register specimen, a historic tree, or a culturally significant tree on private land. Local heritage-tree ordinance violations (where adopted) are typically Class 2 misdemeanors under SDCL 22-6-2 (up to $500 and/or 30 days) or municipal civil fines, plus restitution calculated by the ISA Trunk Formula or appraised replacement value. Damage to a tree on another person's property may give rise to civil liability for treble damages under SDCL 21-3-5 (treble damages for willful injury to timber), which applies to ANY tree, not just heritage trees: 'For wrongful injuries to timber, trees, or underwood upon the land of another or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, except when the trespass was casual and involuntary...'

Frequently Asked Questions

Does a tree on the South Dakota Big Tree Register have special legal protection?

No. The South Dakota Big Tree Register, run by the SD DANR Forestry Division, is purely a recognition program. A landowner may remove a Big Tree Register specimen without state-level permit or penalty. Some cities may impose local protections on specimen trees, but no state law applies.

Can a city designate certain trees as heritage trees?

Yes. Under SDCL 9-29-1 (general welfare power) and SDCL Chapter 11-4 (municipal zoning), South Dakota cities may by ordinance designate heritage, landmark, or specimen trees and impose removal-permit requirements, particularly for trees in parks or boulevards. Home-rule cities (Sioux Falls, Rapid City, Watertown) have especially broad authority under SDCL Chapter 6-12.

What if my neighbor cuts down a tree on my property?

SDCL 21-3-5 provides treble damages for wrongful injury to timber or trees on another's land: '...the measure of damages is three times such sum as would compensate for the actual detriment, except when the trespass was casual and involuntary, or based on a mistake of fact...' This applies to any tree, not just heritage trees, and is a powerful remedy under SD common-law tradition.

Are there state historic-tree designations like the Custer Wedding Tree?

Famous trees (Cathedral Pines in the Black Hills, historic cottonwoods at homestead sites, etc.) may be culturally important but have no special SDCL designation. Trees on federal land (Black Hills National Forest, Badlands National Park, Wind Cave National Park) are protected under federal regulation, not SDCL.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.