South Dakota Tree Protection Law aims to preserve and safeguard the state's valuable tree resources. This law primarily regulates the removal, pruning, and preservation of trees within the state's boundaries. It encompasses various guidelines, restrictions, and permits ensuring responsible tree management while balancing the needs of development and environmental conservation. There are several types of South Dakota Tree Protection Laws, which include: 1. Tree Preservation Ordinances: Many cities and counties in South Dakota have implemented local ordinances to protect trees on both public and private property. These ordinances often mandate permits for tree removal or significant pruning, especially in designated areas such as conservation zones, parks, or historic districts. 2. Storm Damage Tree Laws: In case of storm-related incidents or natural disasters, South Dakota has specific laws that allow the removal of damaged or hazardous trees without requiring a permit. These laws aim to address immediate public safety concerns while still encouraging responsible tree care and replanting. 3. State Forest Conservation Law: South Dakota's Department of Agriculture manages state forests and lands under the Forest Conservation Law. This regulation enforces sustainable forestry practices, including tree preservation, reforestation requirements, and overall forest health management. 4. Tree Replacement Requirements: Some cities or developments may have specific regulations that require replacement planting when trees are removed for construction or land development purposes. These requirements typically involve replanting a certain number or size of trees to compensate for the lost tree canopy. 5. Tree Protection during Construction: South Dakota recognizes the importance of preserving trees during construction activities. Many municipalities have laws in place to mitigate damage to trees during building projects, such as requiring tree protection zones, proper root zone protection, and penalties for unauthorized removal or damage. Compliance with South Dakota Tree Protection Laws is crucial to maintain the state's ecological balance, promote sustainable development, enhance overall aesthetics, and protect public health and safety. Failure to adhere to these laws can lead to fines, enforcement actions, or legal consequences. It is advisable to consult local city or county ordinances and the South Dakota Department of Agriculture's guidelines to understand the specific regulations applicable in your area.
South Dakota Tree Protection Law
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Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.
A person who uses or threatens to use deadly force in ance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where the person has a right to be.
(9) Class 6 felony: two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both.
43-16-4. Ownership of tree on land determined by the location of its trunk. Trees whose trunks stand wholly upon the land of one owner, belong exclusively to him, although their roots grow into the land of another. Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
Possession of 2 ounce or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. Possession of more than 2 ounce ? 0.5 lb is a Class 6 felony, punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $4,000.
Codified Law 22-35 | South Dakota Legislature. 22-35-5 Criminal trespass--Violation as misdemeanor. 22-35-6 Entering or refusing to leave property after notice--Misdemeanor.