74:02:10:02Landowner

requirements. Persons constructing or maintaining a fence across a navigable stream shall: (1) Provide the following information to the chief engineer: (a) The name, address, and telephone number of the landowner proposing to construct or maintain the fence; (b) The name, address, and telephone number of the person responsible for maintaining the fence if different than the landowner; and (c) The location of the fence where it crosses the stream, described by its direction and distance from the nearest legal section corner, including section number, township, and range; (2) Install and maintain a functional gate in the fence over the stream or, if allowed by a variance, immediately adjacent to the public right of way to allow passage of boats, canoes, other vessels, snowmobiles, and pedestrians; and (3) Remove the gate or keep it open when livestock are not present, unless a variance has been granted.

Source: 18 SDR 59, effective September 29, 1991.