Agricultural Laws in South Dakota

Agriculture is the biggest industry in South Dakota, with five times more beef cattle than people. The state leads the country in bison and pheasant production, ranking in the top 10 for most other animal production. Since agriculture is such a huge part of life in South Dakota, for those directly involved in the production and for everyone else, a number of laws have been put in place to guide landowner interactions, liability concerning damage caused by animals and weed control, among other topics. Agriculture laws, like all laws, are complicated, though, and if you have specific questions or issues you should contact the Department of Agriculture.

  1. Fencing

    • When a fence is between two pieces of property with different owners, the expense of maintaining the fence is shared equally. This law has been in place sing 1877. The guideline for establishing which part of the fence is the responsibility of which owner hasn't changed since then. Unless agreed upon otherwise, the landower is responsible for the fence to the right when he is standing in the middle of the fence, facing the fenceline.

      The owners can build whatever fence they decide is necessary, if they can agree. If they cannot agree on what type of fence is best, the South Dakota Department of Agriculture has guidelines for fencing, including fence height, type of posts and post spacing necessary for a "legal" fence. Exceptions apply when neither landowner benefits from the fence (for example, when no livestock is being kept on the land) and for buffalo fencing.

    Open Range

    • "Open range" used to mean that cattle were allowed to roam freely without fences in certain areas of South Dakota. Those laws were repealed in 1980, but "open range" has taken on a different meaning. It is most often used in cases involving vehicle-livestock collisions on a road. In this case it means "an area where livestock are kept at large, unrestrained and unattended." Usually the owner of the livestock in an open range case is not held liable unless he is aware of an animal's vicious nature or should have reasonably anticipated that injury would result from the animal being at large. Each case is considered individually, with the court considering the conditions at the time of the accident, the type of road, traffic on the road and whether the owner knew the livestock were on the road.

    Weeds

    • Landowners are required by law to make an effort to control noxious weeds on their property. The state of South Dakota has a list of weeds that are considered noxious, or "which have been found to be detrimental to the production of crops or livestock or to the welfare of persons residing within the state," and are "sufficiently detrimental to warrant enforcement of control." Some of the more common weeds on this list include leafy spurge and Canada thistle. If the weeds are on the right-of-way, the government entity in charge of the right-of-way is responsible for controlling the noxious weeds. The landowner with land adjacent to the right-of-way is responsible for mowing the road and trimming the trees.

      If a landowner does not work to control the noxious weeds or mountain pine beetles, and the weeds or pine beetles spread to the neighbor's property, the owner of the land where the infestation originated is responsible for damages caused by the spread of the infestation.