No person may place or construct a dock, floating dock, or boat lift on, in, or over any public water or its shoreline except those persons expressly authorized by this section and under the following conditions:

1. (1) Any landowner whose property adjoins public waters if the dock, floating dock, or boat lift is placed within riparian boundaries of the landowner's property;
2. (2) Any person who receives written permission from a landowner whose property adjoins public waters if the dock, floating dock, or boat lift is placed within the riparian boundaries of the landowner's property;
3. (3) Any concessionaire or other entity authorized to operate from lands owned, leased, managed, or controlled by the department under a concession or lease agreement;
4. (4) A riparian landowner whose property is 50 feet or less in width and adjacent to a public water may place no more than one dock and one floating dock into the public water. A riparian landowner whose property is more than 50 feet in width and adjacent to a public water may place no more than two docks and one floating dock into the public water. A riparian landowner may place more than two docks into a public water if the owner secures a variance permit from the department and places the dock in accordance with the requirements identified in this chapter; or
5. (5) Any dock or floating dock may not be placed in such a manner so as to prohibit or preclude public access to waters or shoreline areas accessible to the public under existing state law.

Source: 33 SDR 225, effective June 25, 2007; 34 SDR 49, effective August 22, 2007.

General Authority: SDCL 32-3A-1(6) , 41-2-18(4) , 41-17-1.1(1).

Law Implemented: SDCL 32-3A-1(6) , 41-2-18(4) , 41-17-1.1(1).