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SOUTH DAKOTA Department of
Agriculture & Natural Resources

Protecting South Dakota's Tomorrow...Today!
Joe Foss Building
523 E Capitol Ave
Pierre, SD 57501-3182
Contact Us  Field Offices

Solid Waste

Open Burning

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South Dakota Open Burning Laws and Rules

In South Dakota, the burning of waste is regulated under South Dakota Codified Law 34A-6, South Dakota Codified Law 34A-1-18, Administrative Rules of South Dakota 74:27, and Administrative Rules of South Dakota 74:36.

Landfills and Restricted Use Sites


Permitted solid waste disposal sites such as Municipal Solid Waste Landfills and Restricted Use Sites may conduct open burning as long as it is performed in compliance with the solid waste permit and with the air quality guidelines for open burning.

Black Hills Area


Please visit the South Dakota Wildland Fire website for open burning and burn permit information for the Black Hills Forest Fire Protection District.

Backyard Burning


Backyard burning is a type of open burning that is common in rural areas. It typically involves the burning of household waste in a burn barrel or open pit. In addition to being a fire hazard, it is a source of dangerous pollutants, including dioxins, particulate matter, lead, mercury, and hexachlorobenzene. In recent years, stringent controls have been placed on municipal, medical, and hazardous waste incinerators to reduce air pollutants. As a result, backyard burning is now the nation's largest quantified source of dioxins.


For these reasons, DENR recommends the use of waste management alternatives other than backyard burning. EPA has established a web site at containing information, links, and other outreach materials for governments and citizens. There are many good reasons to discontinue backyard burning. Please do your part to eliminate or discourage this dangerous practice.


Click on Chemicals Released During Open Burning for a detailed listing of chemicals released and potential health hazards when specific items are burned.

If you have questions pertaining to solid waste open burning requirements, contact Jim Wendte by e-mail or by calling (605) 773-3153.


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