State Law vs. Federal Law

Registration and Titling Requirements:

Boat owners must properly register their vessels with the South Dakota Division of Game, Fish & Parks and display the assigned numbers and current validation decal. Exceptions to registration are:

• Vessels 12 feet or less in length without a motor of any kind
• Vessels properly registered in another state and not remaining in South Dakota waters for more than 60 consecutive days.
• Vessels properly documented with the U.S. Coast Guard and not remaining in South Dakota waters for more than 60 consecutive days.

In addition to registration, boats over 12 feet in length and motorized boats purchased or acquired by a resident of South Dakota on or after July 1, 1993 are required to be titled. Canoes, kayaks, sailboards and inflatable boats cannot be titled. The title is your proof of ownership and is valid for the length of time you own your vessel. Your registration, however, is valid for either a period of one or three years depending on which you select.

For information and forms to register and title your vessel, visit your local county treasurer's office or go online at www.sdgfp.info. Once in receipt of required application and fees, the treasurer's office will send your registration card. The registration card must be kept aboard the boat or personal watercraft (PWC) at all times and must be readily available for inspection by law enforcement personnel.

The boat registration and validation decals are valid for one or three years!

The treasurer's office will also issue a set of validation decals along with your registration numbers.

• All motorized vessels and all vessels that are more than 18 feet in length must display both the registration number and the validation decal.
• Non-motorized vessels that are more than 12 feet but 18 feet or less in length are not required to display the registration number but must display the validation decal.
• Non-motorized vessels that are 12 feet or less in length are not required to display the registration number or the decal.

If required, you must display your validation decals and registration numbers (beginning with SD) on the forward half of your vessel and in a place where it can be easily read by law enforcement officials. Letters and numbers must be at least 3" tall and must be black or another color that contrasts with the hull. The validation decals should be placed adjacent to the number.

Laws for Required Wearing of PFDs :

In addition to the federal PFD carriage requirements, South Dakota has the following requirements for wearing a PFD:

Children under 7 must wear a PFD while underway!

Additional Equipment Requirements:

In addition to the minimum federal equipment requirements, some states or certain bodies of water may require additional safety gear to be carried aboard. Check with your local waterway authorities before going out. Mississippi does, however, recommend the following additional safety equipment on all bodies of water:

Recommended Additional Safety Equipment!

• Compass and charts
• Marine VHF radio/cell phone
• Spare parts and tools
• Extra starting battery
• Boarding Ladder
• Spare clothes and a blanket
• Water and snacks
• A bailer or bilge pump
• Paddle or oar
• Flashlight

Mufflers and Noise Levels:

An effective muffling system is required for the exhaust of each internal combustion engine to reduce vessel engine noise. The use of cut-outs or any alteration of the exhaust system or muffler is prohibited.

In general, do not modify your factory exhaust if the result makes it louder!

Loud boat noise not only bothers other operators and users of the waterways, it can also disrupt peace ashore because of sound's ability to travel great distances over water. Excessive noise can also prevent a boat operator from hearing other boats' sound signals and warnings and can prevent you from hearing approaching law or rescue personnel.

Requirements for Waste, Oil and Garbage Disposal:

• It is illegal to discharge raw sewage or dump garbage or plastics into state or federally controlled waters.
• In South Dakota, vessels that have on-board toilets and kitchen facilities must have a method to collect, handle or treat liquid and solid wastes and all waste products, preventing it from polluting surrounding waters.
• Federal regulations and equipment standards established jointly by the Federal Environmental Protection Agency and the U.S. Coast Guard govern the uses of marine sanitation devices (MSDs). All MSDs must be U.S. Coast Guard certified.

All installed MSDs must be US Coast Guard certified
and have a “Y” valve in proper positioning!

• Type I and II MSDs must have a “Y” valve secured to allow for waste to enter a proper on board holding tank for future drainage at a pump-out station. Type III MSDs will typically have a built-in holding tank with no external plumbing and cannot be pumped overboard. Type III MSDs must be pumped ashore at a proper facility.

• Discharge of fuel, oil or any oil product, including contaminated bilge water, is strictly prohibited. All boats 26 feet or longer must properly display a 5x8 inch Oily Waste Discharge placard near the bilge pump switch.
• All boats 26 feet or longer, when operating in waters under federal jurisdiction, must display an informational placard on the subject of federal marine pollution prevention laws. The placard must be 4x9 inches and placed in a location where crew and passengers can read it.

• All boats 40 feet or longer operating more than 3 miles from shore that are equipped with a galley and berthing, must also carry a Waste Management Plan. This plan must outline procedures for proper marine pollution regulations for garbage management and designate a person in charge for carrying out this plan.

Mandatory Education and Age Requirements:

Motorboat Operation:

• South Dakota law states that no person under 12 years of age may operate a motorboat propelled by a motor of more than 6 horsepower unless accompanied aboard by a person 18 years of age or older.

Personal Watercraft (PWC) Operation:

• South Dakota law states that no person under 14 years of age may operate a PWC regardless of horsepower, unless accompanied aboard by a person 18 years of age or older.

Reckless & Negligent Operation:

No person shall operate any vessel or personal watercraft in a reckless or negligent manner. The failure to exercise the degree of care necessary to prevent endangering life, limb, or property of any person may be considered reckless and negligent. Below are just a few of the prohibited methods of operation in South Dakota.

Specifically, it is unlawful:

• To weave through congested waterway traffic.
• To operate in disregard to the rules of navigation.
• To operate your vessel in an area clearly marked as restricted.
• To wait until the last possible moment to swerve and avoid a collision.
• To jump the wake of another vessel unnecessarily close to that vessel or when visibility around that vessel is obstructed.
• To follow another vessel at an improper distance or exceeding a safe speed given the traffic, weather and other boating conditions

Additional laws that apply to personal watercraft (PWC):

A personal watercraft is considered a motorboat and must follow the same laws and regulations as above. In addition there other laws that apply to personal watercraft (PWC):

• You must not operate your PWC in a manner that endangers people or property such as weaving in traffic, jumping boat wakes, and swerving to wet people down.
• A PWC must not be operated at greater than slow-no-wake speed within 150 feet of a dock, swimmer, a swimming raft, or a non-motorized boat.
• It is illegal to chase or harass wildlife with a PWC or to operate a PWC through emergent floating vegetation at greater than slow-no-wake speed.

Boat Speed Limits:

Boat speed limits are regulated by law for certain areas and conditions. When no speed limit is posted, operate your boat so that it will not endanger others or cause injury, damage, or unnecessary inconvenience. Always keep a proper lookout and never load a boat with passengers or cargo beyond its safe carrying capacity.

• You are responsible for your wake. It is unlawful to operate at a speed that creates a wash or wake that endangers or causes damage to others.
• White buoys or signs with red or orange markings will indicate speed limits and exclusionary zones.
• In South Dakota, "slow-no-wake" speed is the slowest possible speed necessary to maintain steerage, but in no case greater than 5 miles per hour.
• It is unlawful to speed in an area marked slow-no-wake or to exceed the speeds posted in any specific zone or area.

Special Activities Restrictions and Considerations:

Many states regulate certain water sports activities such as waterskiing, diving and hunting from a vessel. For your safety, and for those who may be in the water, you should learn and abide by these special laws.

Special Activities, Restrictions & Requirements:

• Water skiing and similar tow-sport activities are prohibited from one-half hour after sunset to one-half hour before sunrise.
• When engaged in water skiing or similar tow-sport activities, you must have a method to monitor the person(s) being towed by either:
  • Having a competent person aboard to act as an observer, or
  • Using a wide-angle rearview mirror to view the towed person
• Water skiing is prohibited in harbors or near swimming areas, docks, landings, piers, anchorages, anchored vessels or fishing boats.
• PWCs equipped with an emergency engine cut-off lanyard must be attached to the operator, their clothing or their PFD.
• PWCs may not be operated during the time between one-half hour after sunset to one-half hour before sunrise unless properly equipped with navigation lights.
• A red and white divers flag must be displayed when persons scuba diving or snorkeling are in the water. Divers and snorkelers must remain within 75 feet of the flag. Other vessels must stay at least 75 feet away from the displayed flag.

Operating Under the Influence

Boating Under the Influence (BUI) is illegal nationwide. State BUI laws are becoming more stringent and can bring fines and/or jail time for those convicted. As on the roadways, on-water enforcement officers may administer sobriety tests and/or conduct a chemical test to determine level of sobriety.

By operating your vessel on the waters of South Dakota, you have given "implied" consent to alcohol testing. If it is determined that you have a blood alcohol content of 0.08% or greater, you are legally considered to be operating under the influence. Operating under the influence of alcohol or any controlled substance is illegal.

Officer Authority, Compliance & Assistance

Officers of the South Dakota Department of Game, Fish & Parks have the primary responsibility to ensure the safety of the waterways of this state. These responsibilities are shared with other sworn officers of the state. These officers, as well as the U.S. Coast Guard on federal waters, have the authority to stop and/or inspect vessels to enforce South Dakota and federal boating laws.

Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official or halt forward progress as directed. When operating in an area of law enforcement activity, you should reduce speed and give a wide berth until beyond the area of operation of the law enforcement vessel.

Accident Reporting Requirements

Anyone involved in a boating accident is required to stop and give assistance as long as it will not personally endanger the operator, passengers or vessel. Operators involved in an accident should remain at the scene to the extent it is safe and practical, and shall exchange in writing personal and boat information with authorities and other involved parties.

The operator of a vessel involved in a boating accident is required to report the accident to the nearest South Dakota Department of Game, Fish & Parks officer or other law enforcement officer by the quickest means of communication when the accident involves:

• Loss of life,
• Disappearance of a person,
• Personal injury, or
• Property damage exceeding $1000 to any one person's property or, total damage is in excess of $2000.

Other State Boating Laws

Often times counties, cities and districts within a state will have different, more restrictive laws. Boating laws are subject to change and it is your responsibility to be informed of the law as it applies to you and your on-water activities. To be absolutely certain about specific boating laws in your state it is wise to contact your state boating agency.

It is Your Responsibility – Be Informed!

We provide this information as a service and strive to keep this website up to date. Please let us know of any inconsistencies by bringing them to our attention at once at onlinecourse@boatus.com. Resources for these pages include state statutes, state web pages and state approved boating guides. BoatU.S. is not responsible for any misinterpretation of the law or any change in the law that is not adequately reflected in these pages. Damages as a result of failing to abide by stated law shall not be the responsibility of BoatU.S., BoatU.S. Foundation or its employees.

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