70:04:02:01.  Definitions. Terms used in this chapter have the following meaning:

          (1)  "Advertiser," the owner or operator of a service for motorists;

          (2)  "Amusement," an activity that serves to entertain or please. The term includes the following: zoological or botanical parks; science centers offering learning environments, educational programs, or hands-on-exhibits; amusement parks offering water activities, entertainment rides, or live shows; and any stadium, sports complex, auditorium, fairground, or convention center that has a capacity of at least 5000 seats and that holds events on at least twenty days per year;

          (3)  "Attraction," a business of regional significance with the primary purpose of providing amusement, historical, cultural, or leisure activity to the public;

          (4)  "Business sign," a sign on a specific or supplemental information panel which shows the brand, symbol, trademark, or name of the service for motorists available near an intersection or interchange;

          (5)  "Commission," the South Dakota Transportation Commission;

          (6)  "Controlled access primary highway," a primary highway of four or more lanes with a raised, sunken, signed, marked, or striped dividing line separating traffic flowing in opposite directions, except at designated points where at-grade crossovers are provided or signs, markers, stripes, or other devices permit crossing;

          (7)  "Cultural," an activity that expresses the artistic or social aspects of culture or civilization. The term includes the following: museums, facilities for the performing arts, and social or cultural exhibits;

          (8)  "Department," the South Dakota Department of Transportation;

          (9)  "Historical," an activity or location relating to events in history. The term includes the following: areas of natural or scenic beauty or phenomena; and sites of national or regional significance determined by the South Dakota Historical Society or listed in the National Register of Historic Places and offering tours or educational information about the location for visitors;

          (10)  "Intersection," an at-grade crossing of a state, county, or urban federal aid highway system with a controlled access primary highway;

          (11)  "Legend," directional arrows, letters, and numbers used to show directions to and the type of services for motorists available;

          (12)  "Leisure," an activity or location that fosters ease or relaxation. The term includes the following: recreational areas offering cycling, boating, swimming, camping, fishing, hiking, skating, horseback riding, rock climbing, snow skiing, or snowmobiling; and licensed farm wineries producing a minimum of 500 gallons of wine per year on-site, and offering tours and educational information about wine processing to visitors;

          (13)  "Panel," a specific information panel;

          (14)  "Secretary," the secretary of the South Dakota Department of Transportation or an authorized representative;

          (15)  "Services for motorists," businesses furnishing gas, food, lodging, camping, or attractions as individual or combined services;

          (16)  "Specific information panel," a sign panel within the highway right-of-way which is located before a highway intersection or interchange exit ramp and which displays directional information and has one or more business signs mounted on the panel;

          (17)  "Supplemental information panel," a sign panel within the highway right-of-way which is located on, opposite, or at the terminus of an exit ramp and which displays directional information and has one or more business signs mounted on the panel; and

          (18)  "Supplemental panel," a supplemental information panel.

          Source: 6 SDR 99, effective April 13, 1980; 11 SDR 22, effective August 12, 1984; transferred from § 70:01:06.02:01, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:03.  Location of panels -- Exception. Panels may be located at all intersections and interchanges outside of urban areas on the interstate or other controlled access primary highways. They may be located within urban areas when they are necessary to direct traffic to an eligible service for motorists. They shall be located in the direction of travel in the following order: attractions, camping, lodging, food, and gas. Panels may not be located at intersections or interchanges where there is not a convenient reentry or where a driving hazard exists.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:03, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:04.  Location and spacing of panels -- Interchanges. Repealed.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:04, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; repealed, 40 SDR 102, effective December 3, 2013.

          70:04:02:05.  Location and spacing of panels -- Intersections. Repealed.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:05, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; repealed, 40 SDR 102, effective December 3, 2013.

          70:04:02:07.  Location and spacing of supplemental panels. Repealed.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:07, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; repealed, 40 SDR 102, effective December 3, 2013.

          70:04:02:08.  Composition of supplemental panels. The criteria for the composition of supplemental panels are as follows:

          (1)  Supplemental panels shall have a blue reflectorized background with a white reflectorized legend and border;

          (2)  The legend shall be in capital letters and numerals six inches high;

          (3)  Directional arrows and the distance to the nearest one-tenth mile to the service for motorists shall be displayed on the supplemental panel; and

          (4)  The supplemental panels shall be large enough to incorporate the maximum number of business signs allowed.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:08, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:09.  Order of location of supplemental panels. All supplemental panels shall be located in the direction of travel in the following order: attractions, camping, lodging, food, and gas.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:09, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:10.  Location of qualifying business. To qualify for a business sign, a service for motorists must be located within a three-mile radius measured from an intersection or interchange. If services of the type being considered are not available within the three-mile limit, the limit may be extended up to 15 miles, in increments of three miles. A qualifying business is limited to signage only at the closest interchange or intersection to that business.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:10, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:11.  Number of panels allowed. The number of panels along an approach to an interchange or intersection shall be no more than four. Only one panel for gas, food, lodging, camping, or attraction is allowed.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:11, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:12.  Number of supplemental panels allowed. The number of supplemental panels along an approach to an interchange shall be no more than four. Only one supplemental panel for gas, food, lodging, camping, or attraction may be located along an exit ramp.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:12, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:12.01.  Order of priority of panel types. If the number of service for motorist types exceeds the number of panels and supplemental panels allowed, priority shall be given to the services in the following order: gas, food, lodging, camping, and attractions.

          Source: 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-80.1.

          70:04:02:13.  Number of business signs on panels. No more than six business signs are allowed on gas, food, lodging, camping, and attraction panels at intersections and interchanges

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:13, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:14.  Number of business signs on supplemental panels. No more than six business signs for gas, food, lodging, camping, and attractions are allowed on each supplemental panel.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:14, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:16.  Composition, fabrication, and size of business signs. The criteria for the composition, fabrication, and size of business signs to be placed on panels and supplemental panels are as follows:

          (1)  Business signs shall be fabricated from reflective sheeting applied to aluminum backing having a minimum thickness of 0.063 inches. The sheeting must meet the requirements of ASTM Standard D4956 Type IV;

          (2)  Business signs not displaying a symbol or trademark shall have a blue reflectorized background with a white reflectorized legend and border;

          (3)  If business identification symbols or trademarks are used alone, the sign may be reproduced in the colors, shape, and design customarily used. See Figure 1 at the end of this chapter;

          (4)  Messages, symbols, and trademarks that resemble any official traffic control device are prohibited;

          (5)  The principal legend of a business sign shall be the same height as the directional legend on the panel. However, if a symbol or trademark is used alone, the principal legend shall be in proportion to the size of the symbol or trademark. See Figure 1 at the end of this chapter;

          (6)  Silk screen or direct application may be used to develop the sign face;

          (7)  Freehand painting may not be used on any part of the finished sign face;

          (8)  Business signs for panels at interchanges shall have a three-inch corner radius and, if used, a three-quarter inch border. Gas, food, lodging, camping, or attraction signs may be no more than 60 inches wide by 36 inches high and shall be contained in a rectangular area. See Figure 1 at the end of this chapter;

          (9)  Business signs for panels at intersections shall have a two-inch corner radius and, if used, a one-half inch border. They may be no more than 36 inches wide by 24 inches high and shall be contained in a rectangular area. See Figure 1 at the end of this chapter;

          (10)  Business signs for supplemental panels and trailblazing shall have a one and one-half inch corner radius and, if used, a three-eighths inch border. Gas, food, lodging, camping, or attraction signs may be no more than 30 inches wide by 18 inches high and shall be contained in a rectangular area. See Figure 1 at the end of this chapter; and

          (11)  There shall be a legend on the business sign on the supplemental panel which is a duplicate of the legend of the business sign on the panel;

          (12)  A business sign may not display the symbol, trademark, or name of more than one business.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:16, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          Reference: ASTM D 4956-11a, "Standard Specification for Retroreflective Sheeting for Traffic Control," page 499, Volume 4.03, Annual Book of ASTM Standards, Section Four, Construction, The American Society for Testing and Materials, 2013 edition. Copies may be obtained from ASTM International at 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959; cost: $309. A photocopy of the standard may be obtained from the office of the Secretary, Department of Transportation, Becker-Hansen Building, 700 East Broadway, Pierre, South Dakota 57501 for $18.80.

          70:04:02:17.  Minimum eligibility requirements for services for motorists. The minimum eligibility requirements for services for motorists are as follows:

          (1)  The services must have all licenses or permits required by state or local units of government at the time application is made for a business sign for a service for motorists permit;

          (2)  The services must be open for business at least five days a week for four consecutive months;

          (3)  The services must have parking accommodations to adequately meet the need of the business;

          (4)  Gasoline services, in addition to subdivisions (1), (2), and (3) of this section, must have fuel, rest rooms, and must be available and be in continuous operation at least 16 hours a day;

          (5)  Food services, in addition to subdivisions (1), (2), and (3) of this section, must be in continuous operation to provide two meals a day; and

          (6)  Camping services, in addition to subdivisions (1), (2), and (3) of this section, must have potable water and modern sanitary facilities;

          (7)  Attraction services, in addition to subdivisions (1), (2), and (3) of this section, must have drinking water and modern sanitary facilities, and adequate parking accommodations.

          Amusement, cultural and historical attraction services must be open to all age groups.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:17, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 25 SDR 118, effective April 1, 1999; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:18.  Application procedure for business sign permit. The application procedure for a business sign permit for services for motorists on a panel and supplemental panel is as follows:

          (1)  Application shall be made to the department on forms furnished by the department;

          (2)  Applications for business signs at interchanges must be for both a panel and supplemental panel;

          (3)  All applications shall be accompanied by a $50 fee for each business sign requested. There is no application fee for a trailblazing sign;

          (4)  The application fee is refundable if the application is not approved;

          (5)  If the number of applications exceeds the number of business signs that can be installed at an interchange or intersection, the department shall give priority to the applicant whose service is nearest the ramp terminus or intersection by the most accessible route. To accomplish the priority, an existing permit may be canceled pursuant to § 70:04:02:19, but the permit shall stay in effect until the day preceding the anniversary date of notification that the business sign can be installed; and

          (6)  Within 30 days after receipt of an application, the department shall notify an applicant whether or not the application has been approved.

          Source: 6 SDR 99, effective April 13, 1980; 7 SDR 25, effective September 22, 1980; transferred from § 70:01:06.02:18, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; 23 SDR 132, effective February 27, 1997; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1, 31-29-80.2.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1, 31-29-80.2.

          70:04:02:19.  Annual rental fees. The annual rental fee is $155 for each business sign on a panel at an interchange, at an intersection, on a supplemental panel, and for any trailblazing sign located on a state highway.

          All rental fees shall be paid within 60 days after the date of notification that the business sign can be installed or the permit will be revoked.

          A permit shall be renewed each year on the anniversary date of notification that the business sign can be installed unless the permit is canceled in writing by the department or the permittee 30 days before the renewal date. Any cancellation by the department shall be based on subdivision 70:04:02:18(5). If the rental fee is not received 30 days before the date of renewal of a permit, the department shall revoke the permit and remove the sign.

          Rental fees are not refundable.

          Source: 6 SDR 99, effective April 13, 1980; 7 SDR 25, effective September 22, 1980; transferred from § 70:01:06.02:19, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 18 SDR 148, effective March 26, 1992; 22 SDR 183, adopted June 30, 1996, effective January 1, 1997; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1, 31-29-80.2.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1, 31-29-80.2.

          70:04:02:20.  Furnishing, repairing, and installation of business signs. Business signs shall be furnished, repaired, and installed as follows:

          (1)  A permittee shall furnish and repair signs and the department shall install and remove signs on interstate and state highways;

          (2)  Original signs shall be delivered by the permittee to the point designated in a permit within 60 days after the date of notification that the business sign can be installed. Failure to deliver is cause for the revocation of a permit. The department shall install signs within 10 days after delivery;

          (3)  The department shall install repaired or replaced signs within 10 days after delivery;

          (4)  The department is not responsible for damaged signs;

          (5)  A sign shall be removed for repair or replacement within 10 days after notification by the permittee and shall be delivered by the department to the point designated in the permit; and

          (6)  The department may, at any time, remove a sign and return it to the permittee if it is damaged or in need of repair or maintenance.

          Source: 6 SDR 99, effective April 13, 1980; 7 SDR 25, effective September 22, 1980; transferred from § 70:01:06.02:20, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:21.  Masking or removal of business signs. Business signs shall be masked or removed as follows:

          (1)  Any service for motorists that plans to temporarily suspend its operation to a service level less than that prescribed by § 70:04:02:17 for a period of more than 10 days, or to discontinue its operation permanently, shall notify the department at least 48 hours before it suspends or discontinues operation. The department shall mask or remove the signs during the period of suspension. The signs shall be returned by the department to the service for motorists if its operation is discontinued; and

          (2)  The permit of any service for motorists shall be revoked if the permittee fails to notify the department of its suspension of operation.

          Source: 6 SDR 99, effective April 13, 1980; transferred from § 70:01:06.02:21, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 40 SDR 102, effective December 3, 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-63(6), 31-29-80.1.

          70:04:02:24.  Furnishing, repairing, and installation of trailblazing business signs. Each trailblazing sign shall be furnished, repaired, and installed as follows:

          (1)  A permittee shall furnish and repair each trailblazing sign, and the department shall install and remove each sign on state highways;

          (2)  If a trailblazing sign is required on a roadway that is not under the jurisdiction of the department, the permittee shall be responsible for furnishing written approval from the appropriate highway authority allowing the sign to be placed in that authority's right-of-way. In addition, the permittee shall arrange to have the trailblazing sign installed by that authority prior to any business sign being installed at the interchange, intersection, or ramp;

          (3)  A trailblazing sign to be installed on a state highway shall be delivered by the permittee to the point designated in the permit within 60 days after the date of notification that the trailblazing sign can be installed. Failure to timely deliver is cause for revocation of the permit. The department shall install signs within 10 days after delivery;

          (4)  On any state highway the department shall install a repaired or replaced trailblazing sign within 10 days after delivery;

          (5)  The department is not responsible for any damaged trailblazing sign;

          (6)  On any state highway the department shall remove a trailblazing sign for repair or replacement within 10 days after notification by the permittee, and deliver it to the point designated in the permit; and

          (7)  The department may remove a trailblazing sign and return it to the permittee if it is damaged or in need of repair or replacement.

          Source: 40 SDR 102, effective December 3. 2013.

          General Authority: SDCL 31-29-80.1.

          Law Implemented: SDCL 31-29-80.1.