43-17-35. Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.
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/sd/title-43/chapter-43-17/43-17-35·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.