Navigable Stream Fencing in South Dakota
Public Notice of Proposed Amendment to ARSD Chapter 74:02:10 Fences Crossing Navigable Streams
What: Proposed amendment to ARSD Section 74:02:10:07 Deletion of stream portions from streams listed in SDCL 43-17-38.
Description. A petition has been filed to delete Firesteel Creek in Davison county from the list of navigable streams in which a gate or opening needs to be provided in fences crossing the stream. State law requires that the petition be considered by the Water Management Board during a rule-making proceeding. Anyone may participate at the board hearing or submit comments as provided in the public notice or comment online at the DENR One-Stop Public Notice website (see section called "Proposed Rules")
The Missouri river, James river, Boise des Sioux river, and the lower five miles of the Big Sioux river are designated as navigable rivers pursuant to federal law and may not be fenced with or without a gate.
Gate and Fence Requirements. Fences constructed across navigable streams are required to have a gate with a minimum opening size of 6-feet high by 6-feet wide and the opening must be outlined with reflective tape or other highly visible material. In addition, reflectors or highly visible material must also be attached to the fence connecting the gate with the stream bank, and the reflectors must be no more than 25 feet apart and visible from both up and downstream. If no livestock are present, then the gates need to be removed or kept open.
Fence Registration. State law also requires that the location of these fences must be registered with the Chief Engineer of the Water Rights Program in the Department of Environment and Natural Resources. Stream fence crossings can be registered by completing an online registration form or downloading a form and returning the completed registration by either sending a fax to Mark Rath at (605) 773-4068 or mailing the registration to the Water Rights Program, 523 E Capitol, Pierre SD 57501.
Resources. A "Guide to Fencing of Navigable Streams" brochure is available in an Adobe PDF format. This brochure outlines the responsibilities of landowners and recreationists as well as fencing requirements. The brochure may be printed for personal use or distribution. For the best results, print the brochure on legal size (81/2 X 14 inch) paper. In addition, a complete listing of applicable statutes and rules are available for review in South Dakota Codified Laws 43-17-34 through 43-17-41 and Administrative Rules of South Dakota Chapter 74:02:10.
If you have any questions regarding stream fencing, please contact Mark Rath at (605) 773-3352 or by e-mail.