South Dakota state law: Protected tree and plant species

Per SDCL 34A-8-1(1), an 'endangered species' is defined as 'any species of wildlife or plants which is in danger of extinction throughout all or a significant part of its range.' Per SDCL 34A-8-9, 'No person may take, possess, transport, import, export, process, sell, or offer for sale, deliver, or carry... any species of wildlife or plants appearing on' the South Dakota state list, the U.S. list of endangered or threatened wildlife (effective Jan 1, 1977), or the U.S. list of endangered or threatened plants (effective Jan 1, 1977). The South Dakota Game, Fish and Parks Department and the SD Department of Agriculture and Natural Resources jointly administer SDCL Chapter 34A-8. Violation is a Class 2 misdemeanor under SDCL 22-6-2 (up to $500 and/or 30 days). Permits for scientific/educational purposes are available under SDCL 34A-8-8. As of 2026, the SD state list of endangered/threatened plants is short and does NOT include any commercially significant tree species; native tree species such as bur oak, green ash, American elm, cottonwood, ponderosa pine, and quaking aspen are NOT state-listed. SEPARATELY, the Emerald Ash Borer (EAB) was confirmed in South Dakota in 2018 (Sioux Falls). The SD State Plant Board / SD DANR administers a statewide ash-tree quarantine under SDCL Chapter 38-22 (Weed and Pest Control), restricting movement of ash logs, firewood, nursery stock, and untreated ash material across county lines without certification. This is a pest-quarantine regulation, not a protection of ash trees; ash removal does not require a permit, but disposal of infested wood does.

SDCL 34A-8-9 violation (take/possess/sell endangered or threatened plant) is a Class 2 misdemeanor under SDCL 22-6-2 (up to $500 fine and/or 30 days imprisonment). Violations of the SD EAB quarantine under SDCL Chapter 38-22 are administrative violations subject to civil penalty and movement-stop orders by SD DANR. Federal Endangered Species Act violations are separately prosecutable under 16 U.S.C. §1538 (max civil penalty $25,000; max criminal $50,000 and one year). Possession of black walnut affected by Thousand Cankers Disease is subject to USDA APHIS quarantine but Thousand Cankers has not yet been confirmed in SD.