CHAPTER 70:04:06
MOWING OF HIGHWAY RIGHTS-OF-WAY
Section
70:04:06:01 Definitions.
70:04:06:02 Mowing permits or contracts required.
70:04:06:03 Mowing permit application -- No fee.
70:04:06:03.01 Contract for median mowing - Bid proposal -- Minimum bid.
70:04:06:03.02 Awarding of mowing contracts.
70:04:06:04 Department not required to issue permits or contracts.
70:04:06:05 Application for permit by nonabutting person requires waiver.
70:04:06:06 Start of mowing.
70:04:06:07 Restrictions on mowing of newly constructed right-of-way.
70:04:06:08 Liability insurance required.
70:04:06:09 Area of right-of-way which may be mowed.
70:04:06:10 Manner of mowing.
70:04:06:11 Removal of hay -- Restrictions on baled hay.
70:04:06:12 Access to work area.
70:04:06:13 Parking of haying equipment.
70:04:06:14 Liability of permittee.
70:04:06:01. Definitions. Words used in this chapter have the following meanings:
(1) "Owner," the person or persons entitled to the possession of real property abutting a state trunk or interstate highway;
(2) "Abutting," any land which adjoins the state trunk or interstate highway system;
(3) "Right-of-way," the state trunk and interstate highway systems being maintained by the Department of Transportation;
(4) "Department," the South Dakota Department of Transportation;
(5) "Median," the area of right-of-way from the inside shoulder of one lane of a divided highway to the inside shoulder of the opposite lane;
(6) "Permit," permission to mow the right-of-way, except the median, for which there is no fee;
(7) "Contract," permission to mow the median, for which the fee is set by bid.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:01, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:02. Mowing permits or contracts required. Except for department mowing operations, a person may not mow or remove any grass from the right-of-way unless the person has first been issued a permit or contract as provided by this chapter.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:02, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987; 47 SDR 27, effective September 14, 2020.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:03. Mowing permit application -- No fee. A mowing permit application is available from the department for mowing interstate highway rights-of-way, except medians. The person requesting the permit shall complete the following items on the permit application:
(1) The applicant's name, address, and phone number;
(2) The side or sides of the highway the mowing permit is requested for, identified by beginning and ending mileposts to the tenth of a mile;
(3) A legal description of the mowing location; and
(4) Whether the applicant is the owner or tenant of the land abutting the requested mowing area.
The applicant shall sign and date the permit application. There is no fee for the permit.
A general permit is granted to all South Dakota residents for mowing all other state trunk highway rights-of-way, except medians. All permittees shall abide by rules established for mowing by permit as provided by this chapter. The department may revoke an individual's permit for any violation of these rules. An abutting landowner shall be given priority over any other person wishing to mow the highway right-of-way.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:03, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987; 30 SDR 171, effective May 11, 2004.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:03.01. Contract for median mowing - Bid proposal -- Minimum bid. Mowing of a state highway median may only be done by the department or by a contractor under a contract with the department. The department shall announce in at least three newspapers when it will accept bid proposals for mowing, processing, and removing hay from a state highway median.
Bidders shall identify the areas for which they are submitting a bid by entering the beginning and ending milepost numbers to the tenth of a mile. Areas for which the bidder is an abutting landowner must be identified separately from other areas on which the bidder wishes to bid. Bids shall be submitted on a per mile basis for each area bid. The minimum acceptable bid is $20 per mile.
Source: 14 SDR 14, effective August 2, 1987; 47 SDR 27, effective September 14, 2020.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:03.02. Awarding of mowing contracts. Abutting landowners are given priority over other bidders for contract mowing of the area adjacent to their property. When two abutting landowners have submitted bids for the same area, the highest bid will be given priority. The department reserves the right to reject any or all bids. If an award is made, the bidder must agree to enter into a contract with the department and to tender, either in cash or by check, the full amount for the area awarded. The amount due shall be determined by multiplying the length of the area awarded times the amount bid per mile.
Source: 14 SDR 14, effective August 2, 1987.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:04. Department not required to issue permits or contracts. The department reserves the right not to issue permits or contracts for mowing on any or all portions of the right-of-way.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:04, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:05. Application for permit by nonabutting person requires waiver. If a nonabutting person who wishes to mow the interstate highway right-of-way applies for a permit, the application must be accompanied by a waiver signed by the abutting landowner.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:05, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987; 30 SDR 171, effective May 11, 2004.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:06. Start of mowing. No mowing of the right-of-way may begin in the west river counties of Dewey, Jones, Stanley, Gregory, Lyman, or Tripp before June 15 and east of the Missouri River before July 10. All mowing by permit must be completed by September 1 each year, unless an extension is granted in writing by the department.
Mowing of the median by contract may begin on the date the contract is approved and must be performed during the hours between sunrise and sunset. The contractor shall notify the department 24 hours before beginning mowing.
Prior to July 10 in all counties east of the Missouri River and prior to June 15 in the counties of Dewey, Jones, Stanley, Gregory, Lyman and Tripp, the department may conduct mowing operations in the following right-of-way locations:
(1) The median of divided highways up to fifteen feet from the nearest edge of the shoulder;
(2) In-slopes up to eight feet from the nearest edge of the shoulder;
(3) Areas where mowing will enhance sight distance and other safety factors;
(4) Areas where mowing will enhance noxious weed control or promote grass growth; and
(5) The area from the right-of-way line up to the nearest edge of the shoulder at interstate rest areas, adjacent to cemeteries, within municipalities, and in developed areas up to one mile outside of municipal boundaries.
Source: 2 SDR 33, effective November 9, 1975; 2 SDR 71, effective May 1, 1976; transferred from § 70:01:10:06, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987; 30 SDR 171, effective May 11, 2004; 47 SDR 27, effective September 14, 2020.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:07. Restrictions on mowing of newly constructed right-of-way. Except for department mowing operations to enhance safety, control noxious weeds, or promote grass growth, mowing on newly constructed sections of highway is not allowed for a period of three years or until the grass has become permanently established.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:07, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 47 SDR 27, effective September 14, 2020.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:08. Liability insurance required. Each permittee or contractor mowing within the right-of-way must carry liability insurance in the minimum amount of $50,000 for property damage and $100,000 for personal liability.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:08, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:09. Area of right-of-way which may be mowed. The area of the highway right-of-way which may be mowed by permit is limited to the area from the right-of-way line up to the nearest edge of the roadway shoulder and the areas inside interchanges if access to interchange areas is made by other than the main highway.
The medians of divided highways may be mowed by contract.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:09, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987; 47 SDR 27, effective September 14, 2020.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:10. Manner of mowing. All mowing by permit or contract must be done in a workmanlike manner and the area must be left in a neat condition upon completion of the work. Contractors shall mow around signs, delineators, guiderails, improvements, and appurtenances as closely as possible.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:10, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987; 30 SDR 171, effective May 11, 2004.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:11. Removal of hay -- Restrictions on baled hay. All hay harvested under a permit must be removed from the right-of-way within 30 days after being processed or by October 1, whichever is earlier, unless an extension of time is granted in writing by the department. All hay harvested by contract must be removed within 10 days after being processed or by October 1, whichever is earlier, unless an extension of time is granted in writing by the department. Baled hay may not be left within the right-of-way during the specified timeframe closer than 30 feet from the painted shoulder stripe. Any hay not removed within the time limits set in this section may be removed and disposed of by the department.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:11, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987; 30 SDR 171, effective May 11, 2004; 47 SDR 27, effective September 14, 2020.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:12. Access to work area. Methods of obtaining access to the work area of a highway right-of-way are as follows:
(1) For mowing by permit:
(a) Access to the work area on interstate and controlled access highways is limited to the use of gates provided in the right-of-way fence. If no gate exists, one may be installed by the permittee. The gate becomes the property of the state;
(b) Under no condition may the permittee enter or leave the work area through use of the main roadway;
(c) The department is not responsible for providing access roads outside the right-of-way line;
(2) For mowing by contract:
(a) Mowing, processing, and loading equipment may move to the median from the main roadway, but equipment movement in and out of the median must be kept to a minimum;
(b) Each piece of equipment must have a "slow moving" sign attached to it and must stay within the median during the operation. All loading of baled or processed hay onto hauling units must be performed within the median.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:12, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:13. Parking of haying equipment. When haying equipment is not in use it must be parked near the right-of-way line. If equipment used for contract mowing is left overnight, it must be parked out of the median near the right-of-way fence line.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:13, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
70:04:06:14. Liability of permittee. The permittee or contractor is responsible for any damage to fences, signs, landscape planting, or other highway features resulting from mowing and haying operations by the permittee or contractor. The permittee or contractor shall hold the department, its officers, or employees harmless from any claims or actions brought by any person against the department, its officers, or employees as a result of the negligence of the permittee or contractor or agents or employees of the permittee or contractor.
Source: 2 SDR 33, effective November 9, 1975; transferred from § 70:01:10:14, effective November 1, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 14, effective August 2, 1987.
General Authority: SDCL 31-5-21.
Law Implemented: SDCL 31-5-21.
