You’re driving down a South Dakota highway when a deer jumps in front of your car. After the collision, you might wonder if you can legally keep the animal instead of letting it go to waste. Many drivers don’t know that South Dakota has specific laws about taking roadkill home.
In South Dakota, you can legally possess a deer or antelope killed by a vehicle on a public highway, but you must first notify a conservation officer and get permission. This process doesn’t cost you anything, but skipping this step could result in serious penalties. The state treats unauthorized possession of roadkill the same way it treats poaching.
Understanding roadkill laws in South Dakota helps you avoid legal trouble while making use of an animal that would otherwise be wasted. You need to know which animals you can claim, how to properly report and tag them, and what happens if you break these rules. These regulations exist to prevent people from illegally hunting animals and then claiming they were roadkill.
Is It Legal to Take Roadkill in South Dakota?
Yes, you can legally take roadkill in South Dakota, but you must follow specific rules. The state allows people to possess deer or antelope killed by vehicles on public highways.
Required Steps to Take Roadkill Legally:
- Notify a conservation officer before taking the animal
- Obtain authorization to possess the roadkill
- Get a roadkill tag before transporting the animal
You cannot simply pick up a dead deer and take it home without permission. South Dakota law requires you to contact a conservation officer first and wait for approval. This process helps the state track wildlife deaths and prevent illegal hunting activities.
The animal must be killed by a motor vehicle on a public highway. You cannot claim an animal that died elsewhere or was shot as roadkill.
What You Cannot Do:
- Take roadkill without notifying authorities
- Transport an untagged animal
- Dispose of carcass remains on public lands
- Leave remains in road ditches
These disposal restrictions exist to prevent disease spread and maintain public safety. Breaking these rules can result in fines or other penalties.
The notification requirement ensures proper documentation. Conservation officers need to verify the animal was actually killed by a vehicle and not poached. This system protects both wildlife populations and honest hunters who follow legal seasons.
How to Claim Roadkill in South Dakota
If you hit a deer or antelope on a public road in South Dakota, you can keep the animal. You need to follow specific steps to do this legally.
Contact a Conservation Officer
South Dakota law says you must notify a conservation officer if you want to possess a deer or antelope killed by a vehicle. You can call them to get permission. There is no fee to claim the animal.
Report the Collection
You need to fill out a state report form. The Road-Kill Deer/Antelope report requires you to list each animal collected and the location by county. If you pick up multiple animals, you must complete this form monthly.
Timing Matters
You must dispose of the carcass properly within 36 hours if you cannot use it. The state requires that dead animals from non-communicable causes be burned or buried within this timeframe.
Who Can Claim Roadkill
Any person who wants the animal can claim it. You do not need to be the driver who hit it. However, you still must get approval from a conservation officer before taking possession.
What Animals Qualify
The law covers deer and antelope specifically. Other wildlife may have different rules or may not be legal to claim at all.
What Animals Can You Salvage in South Dakota
South Dakota law allows you to salvage specific types of wildlife that are killed in vehicle collisions on public roads. You can legally take deer or antelope killed by motor vehicles on public highways.
The state limits salvage to certain big game animals. These are the animals you’re allowed to keep:
- Deer
- Antelope
- Elk
- Moose
You cannot salvage other types of wildlife like small game, birds, or protected species. The animal must have died from the vehicle collision itself, not from hunting or other causes.
Before you take any roadkill home, you need to contact a conservation officer first. South Dakota requires proper notification and authorization before you can possess the animal. This step is mandatory, not optional.
You must complete the permit process within 24 hours of salvaging the animal. If you call after normal business hours, leave your full name, phone number, address, and the exact location where you found the animal so officials can mail you a permit.
The meat must be in good condition for salvage to make sense. Check that the animal hasn’t been sitting in warm weather for too long and that the impact didn’t damage too much of the usable meat. Your safety matters more than free meat, so use good judgment about whether the animal is safe to eat.
Penalties for Illegal Roadkill Possession in South Dakota
Taking a deer or antelope from a roadway without proper authorization can lead to serious legal trouble in South Dakota. You must notify a conservation officer before possessing any roadkill deer or antelope.
Legal Consequences
If you possess big game animals without following the law, you face criminal charges. Unlawful possession of big game or any part of big game is a Class 1 misdemeanor in South Dakota. This applies to animals that were illegally taken, caught, or killed.
What This Means for You
A Class 1 misdemeanor carries potential penalties including fines and possible jail time. The exact punishment depends on the circumstances of your case and the judge’s decision.
You could face additional civil penalties on top of criminal charges. South Dakota law allows the state to seek civil damages when someone unlawfully kills or takes wild animals.
Important Things to Remember
- Always contact a conservation officer before taking any roadkill deer or antelope
- Get proper authorization and permits before removing the animal
- Keep documentation of your permission with you
- Never assume you can take roadkill without notifying authorities
The process to legally obtain roadkill is straightforward and free. There’s no reason to risk criminal charges when you can follow the simple notification requirement and stay within the law.
