SDCL § 34-35-18.1: Landowner prescribed burning--Adjacent to state property bordering Missouri River--Consent required--Written request--Fire suppression and compliance--Liability.

A person that owns land adjacent to state-owned land bordering the Missouri River may burn the state-owned land in conjunction with the person's own land by utilizing prescribed burning, provided the person submits a written request to the department secretary or commissioner in control of the land and receives consent, in writing, stating that the prescribed burn is an appropriate land management technique.

The written request for consent to utilize prescribed burning of the land must:

(1) Indicate that the purpose for the prescribed burning is to control or eradicate woody species and provide grassland management;

(2) Include a description of the person's land and the state-owned land to be burned; and

(3) Provide the timeframe within which the prescribed burn is to occur.

Written consent provided by the department secretary or a commissioner serves as an authorization by the state, for purposes of § 5-4-15.

A person who receives written consent from the department secretary or a commissioner to burn state-owned land in conjunction with the person's own land shall ensure the availability of reasonable forces and equipment necessary to provide for fire suppression and is responsible for complying with §§ 34-35-9 and 34-35-10, and with all other applicable laws during the prescribed burn.

A person who receives written consent from the department secretary or a commissioner to burn state-owned land in conjunction with the person's own land assumes all liability for the burn. The state is immune from liability, and no cause of action for damages may arise against the state as a result of a prescribed burn conducted by a person pursuant to this section.