South Dakota § 43-17-35 - Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.
Full text of South Dakota South Dakota Codified Laws § 43-17-35 — Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor., with citation guidance and answers to common questions.
§ 43-17-35. Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.
Any person who owns any tract of agricultural land on both sides of a navigable stream may, individually, fence such tract, or any persons who collectively own any tract of agricultural land on both sides of a navigable steam may, collectively, fence such tract:
(1) If livestock are annually pastured on such tract;
(2) If the fence is reasonably necessary to prevent the livestock from straying from such tract;
(3) If the fence is so constructed and so marked that it does not, under daytime and nighttime conditions, constitute a danger to the public; and
(4) If the fence is so constructed that the right of the public to utilize the navigable stream is not prohibited or unduly restricted.
This section does not apply to any river or stream or portion of any river or stream that has been determined to be navigable pursuant to federal law. Construction of a fence in violation of this section is a Class 2 misdemeanor.
Source: SL 1990, ch 349, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 43-17-35
What does South Dakota Codified Laws § 43-17-35 cover?
Section 43-17-35 ("Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 43-17-35?
A common citation format is "South Dakota Codified Laws § 43-17-35" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 43-17-35 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.