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Wildfire plans and tree clearing in South Dakota: SDCL chapter 49-49, the Public Utilities Commission and NorthWestern Energy's plan

What South Dakota's 2026 wildfire mitigation law (SDCL chapter 49-49) says a utility plan must contain, what the Public Utilities Commission says its role is, and the vegetation inspection and trimming cycles in NorthWestern Energy's South Dakota plan.

Checked against the sources at the bottom of this page on October 10, 2026. Rules, fees and pay change: the source has the last word.

This page reports what the official source says. It is not legal advice: ask the office named here. It restates four documents as read on October 10, 2026: chapter 49-49 of the South Dakota Codified Laws on the Legislature's site, the Public Utilities Commission's Wildfire Risk FAQ dated August 5, 2026 and its Wildfire Mitigation Plans page, and the 2026 Wildfire Mitigation Plan of NorthWestern Energy Public Service Corporation, revision 1.0 dated August 2026. The side by side with other regions is on the guide to utility wildfire plans and tree clearing.

What chapter 49-49 says

The chapter is titled Wildfire Mitigation Plans and cites Session Laws 2026, chapter 189, for each section. Section 49-49-2 says a qualified utility that is not a cooperative or municipal utility may submit a plan to the Commission, which files and publishes it on its website within 120 days of receipt. The plan carries an attestation signed by an officer that it contains all provisions the chapter requires, and the section says publication by the Commission is a determination that the plan contains the statutory elements and is complete. A cooperative or municipal utility submits to its own approval authority, its board or city council, which acts within 120 days.

Section 49-49-3 requires an annual report on compliance for the previous calendar year by June 1, and an update to the plan at least once every two years. It says a plan is valid if it is on file and all annual reports are filed on time. Section 49-49-4 lists what a plan must include at a minimum:

  • Areas of the service territory that may face a heightened wildfire risk.
  • Procedures, standards and time frames for inspecting and operating infrastructure.
  • Procedures and standards for vegetation management.
  • Modifications, upgrades and preventative programs.
  • Considerations for de-energizing lines, including access, the balance of wildfire risk against continued supply, and the effect on public safety and first responders.
  • Restoration procedures, estimated incremental costs, community outreach and coordination with state or local wildfire agencies.

The section adds that the procedures and standards must comply with the 2023 National Electrical Safety Code. Section 49-49-5 lets the Commission authorize recovery in rates of prudently incurred costs to implement an approved plan. Section 49-49-6 says strict liability may not be applied to a qualified utility for wildfire damages, sets a rebuttable presumption that a valid plan is reasonable and prudent preparation, lets a plaintiff recover only on proof of a failure to substantially comply with an essential element of the plan or of malice or criminal intent, and sets four years from the initial ignition to bring an action. It deems a utility to have substantially complied if it tried to comply but was denied or delayed access to a right-of-way for vegetation management after asking for it.

What the Commission says

The Commission's FAQ says it is not involved in the development, review or approval of plans, that under South Dakota law it does not have authority to require or approve a power shutoff plan, and that it publishes plans and annual reports submitted by investor-owned electric utilities. Its Wildfire Mitigation Plans page says chapter 49-49 was enacted in 2026, that the Commission only files and publishes the plans and makes no representations about their contents. It lists Black Hills Energy, MidAmerican Energy, NorthWestern Energy and Otter Tail Power Company.

NorthWestern Energy's vegetation program

The plan says it was filed with the Commission and posted on the company's website, and that NorthWestern inspects the South Dakota electric systems on about a 24 month cycle. It describes land cover in eastern South Dakota as mostly cultivated crops, pasture, hay and grassland, so vegetation work targets urban forests near electric facilities such as shelterbelts, windbreaks and ornamental trees. It names the emerald ash borer as a risk to ash trees near facilities in the southeast of the state. It sets proactive cycle trimming at about every five years, which it says can change with resources and regrowth, and says exceptions found in vegetation, for example growth into clearance zones, are dealt with within 12 months where feasible. It lists ground patrols and assessments of 100% of the distribution and transmission systems each year.

Sources