Requirements for dock and floating dock maintenance are as follows:

1. (1) All docks and floating docks must be securely anchored in place to prevent drifting;
2. (2) All docks and floating docks must be free of safety hazards and may not constitute a public nuisance or severely detract from the aesthetic values of the public waters and the shoreline of adjacent property;
3. (3) The flotation material used in docks and floating docks must be composed of low-density, closed-cell, rigid plastic foam; high-impact polyethylene; fiber-glass; or other inert materials. Airtight, water-tight containers that are free of toxic or pollutive substances may also be used for flotation;
4. (4) All electrical wiring, connections, facilities, or appurtenances serving a dock must conform to the regulations adopted by the South Dakota state electrical commission; and
5. (5) Floating docks that are not attached to or in contact with the shoreline must, from sunrise to one-half hour after sunset, have attached to them a red flag at least 3 feet above the floor and plainly visible from a distance of at least 150 feet. No floating dock may remain on the waters from one-half hour after sunset until sunrise except when secured as close to the shoreline as possible. This section does not apply to floating docks placed in areas restricted for swimming by a political subdivision or the department.

Source: SL 1975, ch 16, § 1; 1 SDR 60, effective February 26, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 33 SDR 225, effective June 25, 2007; 46 SDR 74, effective December 2, 2019.

General Authority: SDCL 32-3A-1(6).

Law Implemented: SDCL 32-3A-1(6).

Prior versions effective: 2007-06-25.