03/26/2026
JERAULD COUNTY BURNING ORDINANCE
NO. 2025-17
WHEREAS, the Commissioners of Jerauld County are charged with protecting the health and safety of the citizens of Jerauld County, including all property situated therein; and
WHEREAS, South Dakota Codified Law (SDCL) § 7-8-20(18) authorizes the Jerauld County Commission to prohibit or restrict open burning, after consultation with local fire officials and law enforcement officials, in order to protect the public health and safety; and
WHEREAS, the Emergency Manager/Fire Coordinators for Jerauld County has consulted with local fire officials and law enforcement officials concerning the threat of wildfire from open burning under certain climatic conditions; and
WHEREAS, the Commissioners of Jerauld County have determined that in the interest of the public health and safety, it is prudent to prohibit open burning (open fire) when climatic conditions indicate the threat of wildfire in Jerauld County; and
WHEREAS, the Commissioners of Jerauld County, pursuant to SDCL § 7-18A-8, hereby deem it necessary for the immediate preservation of the public health and safety to adopt the restrictions set forth in this Ordinance and it is the intent of the Jerauld County Board of Commissioners that the provisions of this Ordinance shall take effect immediately upon passage by the Board.
WHEREAS, South Dakota Law provides for the civil enforcement of each violation of this ordinance by imposing a fine not to exceed $500.00 and/or by imprisonment for a period not to exceed thirty days for each violation, together with injunctive relief pursuant to SDCL 21-8. These penalties are not exclusive, and additional criminal and/or civil penalties may also apply.
WHEREAS, for purposes of this Ordinance "open burning" shall be defined as any of the following occurring on private and State lands in Jerauld County:
A. Open Fire: Means any outdoor fire, including a campfire and a burn barrel. Open Fire shall not include charcoal grills, industrial/residential incinerators, Outdoor Fireplaces, liquid fuel grills, or branding iron burners as defined herein.
B. Charcoal Grill: Means a metal or stone device not resting on the ground with a metal grate designed to cook food using charcoal briquettes.
C. Industrial/residential Incinerators: Means an engineered self-contained unit made of non-combustible material, with a locking door, small side vents, and an elevated stack with a screen on top. Must be located Not Closer than 15 feet to any combustible surface and Continually Attended.
D. Liquid Fuel Grill: Means a metal or stone device designed to cook food using gaseous combustible fuel (LPG Liquid Propane Gas, LNG Liquid Natural Gas).
E. Burn Barrel: Means a metal container used to hold combustible or flammable waste materials so that they can be ignited outdoors for the purpose of disposal.
F. Outdoor Fireplace: Means a manufactured appliance constructed of non-combustible materials, with a maximum fuel area of three (3) feet, constructed to include a screen, chimney or other device placed above the fuel area so that the heat source is contained in such a manner that sparks or embers are not allowed to freely escape into the open atmosphere. An Outdoor Fireplace may be fueled by cut or split wood or liquid fuel and must be located Not Closer than 15 feet to any combustible surface and
Continually Attended.
G. Branding Iron Burner: Means a stove, furnace or device constructed of non-combustible materials used to heat irons for the purpose of branding livestock, fueled by cut or split wood, or liquid fuel and constructed so that the heat source is contained in such a manner that sparks or embers are not allowed to freely escape into the open atmosphere and located Not Closer than 15 feet to any combustible surface and Continually Attended.
H. Campground: Means any commercial campground that is permitted by Jerauld County or the State of South Dakota that is operated by said agency, or private individuals or corporations.
THEREFORE, BE IT ORDAINED that the Jerauld County Commission enacts this Ordinance to prohibit or restrict open burning and that the use of all fireworks, except for fire department approved private or public displays complete with fire suppression standby services, be prohibited in order to protect the public health and safety pursuant to South Dakota Codified Law 7-8-20(18).
BE IT FURTHER ORDAINED that the Director of Emergency Services or in his absence, the fire chief, be hereby authorized to expand the level of this fire ban and impose additional burn restrictions at their discretion consistent with increased fire hazard conditions.
BE IT FURTHER ORDAINED that a fine not to exceed $500.00 and/or by imprisonment for a period not to exceed thirty days for each violation, together with injunctive relief pursuant to SDCL 21-8, and the costs for suppressing any fire, including response fees, mutual aid assistance from other agencies or fire departments, reimbursement to governments for suppression efforts and compensation to the firefighters for time lost from their employment, be born directly by the individual or individuals responsible for setting the fire.
BE IT FURTHER ORDAINED that enforcement of this ordinance may be temporarily suspended under conditions set by Resolution of the Jerauld County Commission when fire conditions improve.
Dated the ____ day of _________________, 2025 at Wessington Springs, South Dakota.
______________________________
DeVonne Losing, Chairman Jerauld County Commission
ATTEST:________________________________
Shannon Fagerhaug
Jerauld County Auditor
First Reading: 8/5/2025
Second Reading: 9/2/2025
Adopted: 9/2/2025
Publication Date: 8/13/2025
Effective Date: 9/22/2025
