CHAPTER 70:04:07
TOURIST-ORIENTED DIRECTIONAL SIGNING -- ON RIGHT-OF-WAY
Section
70:04:07:01 Definitions.
70:04:07:02 General criteria.
70:04:07:03 Restrictions
70:04:07:04 Trailblazing.
70:04:07:05 Advance signing.
70:04:07:06 Repealed.
70:04:07:07 Specific requirements for signs.
70:04:07:08 Application procedure.
70:04:07:09 Contract for manufacture and administration.
70:04:07:10 Symbols on tourist-oriented directional signs.
70:04:07:11 Non-conforming signs.
70:04:07:01. Definitions. Terms defined in SDCL 31-29-62 have the same meaning when used in this chapter. In addition, terms used in this chapter have the following meaning:
(1) "Tourist-oriented directional signing," signing installed and maintained by the department within the right-of-way of a highway which provides business identification and directional information for tourist-oriented businesses;
(2) "Rural business," a commercial activity engaged in as a means of livelihood or profit, located completely outside a municipality as defined by SDCL 9-1-1, that provides goods or services or which engages in commerce, trade, or industry;
(3) "Tourist-oriented business," a business, service, or activity that receives the major portion of its income or visitors during its business season from road users traveling for pleasure and not residing in the area of the facility. A tourist-oriented business is a lodging establishment, campground, visitor attraction, recreational service, recreational equipment rental business, or visitor intensive business as defined by SDCL 10-45D-1, or an agri-tourism business;
(4) "Agri-tourism business," a business that offers activities that occur on a farm and are related to the agricultural use of the farm site, including, but not limited to: on-site sales of agricultural products directly to the consumer, such as roadside farm markets, pick-your-own operations, you-cut Christmas trees, farms wineries, and educational activities and tours.
Source: 20 SDR 96, effective December 29, 1993; 39 SDR 120, effective January 9, 2013.
General Authority: SDCL 31-29-80.1.
Law Implemented: SDCL 31-29-80.1.
70:04:07:02. General criteria. To be considered for tourist-oriented directional signing, a business shall meet the following criteria:
(1) The business shall be a rural business and a tourist-oriented business;
(2) The business shall comply with applicable state and federal laws concerning the provision of public accommodations without regard to race, religion, color, age, sex, or national origin;
(3) The business shall be located within 20 miles of the signed intersection;
(4) The business shall be open a minimum of six hours a day, five days a week, and 12 months a year. A seasonal business may qualify if it is open six hours a day and five days a week during the seasonal period which such businesses would typically operate;
(5) The intersection to be signed shall be located on a highway in a rural area outside a municipality as defined by SDCL 9-1-1;
(6) The business may not have an on-premise sign that advertises the business visible from the highway at a distance greater than shown in the table below. Sight distance shall be evaluated for each direction of traffic. If the business has an on-premise sign that is not visible from the highway in one direction, a tourist-oriented directional sign may be allowed in the direction of traffic in which the on-premise sign cannot be seen.
|
Posted Speed (mph) |
Maximum Sight Distance To On-premise Sign |
|
30 |
305 feet |
|
35 |
360 feet |
|
40 |
425 feet |
|
45 |
495 feet |
|
50 |
570 feet |
|
55 |
645 feet |
|
60 |
730 feet |
|
65 |
820 feet |
|
70 |
910 feet |
(7) The business may not be identified by an off right-of-way directional sign as authorized in chapter 70:04:03 that is within five miles, is on the same route as, and is facing the same direction as the proposed tourist-oriented directional sign; and
(8) The business is not maintaining a sign which is in violation of SDCL chapter 31-29.
Source: 20 SDR 96, effective December 29, 1993; 39 SDR 120, effective January 9, 2013.
General Authority: SDCL 31-29-80.1.
Law Implemented: SDCL 31-29-80.1.
70:04:07:03. Restrictions. The following restrictions apply to tourist-oriented directional signing:
(1) Each tourist-oriented business is limited to signing at one intersection on the highway nearest the business. The tourist-oriented directional sign shall be located at the intersection nearest to the business to direct the motorists off the state highway. Additional signing may be considered when the tourist-oriented business is located between, or approximately an equal distance from, two or more highways;
(2) A tourist-oriented directional sign or assembly may not be placed at a location that will interfere with other traffic control devices. If space is unavailable, tourist-oriented directional signs are not allowed;
(3) An existing tourist-oriented directional sign permit may not be renewed if the activity or site no longer qualifies for tourist-oriented business signing. If the tourist-oriented directional sign causes a potential safety issue or if the business is maintaining a sign in violation of SDCL chapter 31-29, the sign shall be removed immediately;
(4) Any tourist-oriented business that will be closed for any reason, including closing during the off-season period, shall notify the department at least 48 hours before it suspends operation. The department shall mask, remove, or otherwise indicate that the business is closed during the period of suspension; and
(5) The department may approve no more than four tourist-oriented directional signs for tourist-oriented businesses which lie in one direction from an intersection. The department may not consider additional applications unless space becomes available.
Source: 20 SDR 96, effective December 29, 1993; 30 SDR 171, effective May 11, 2004; 39 SDR 120, effective January 9, 2013.
General Authority: SDCL 31-29-80.1.
Law Implemented: SDCL 31-29-80.1.
70:04:07:04. Trailblazing. If supplemental signing is necessary on roads not operated by the department in order to reach the tourist-oriented business, signing on these roads is the responsibility of the tourist-oriented business and shall be in place prior to installation of tourist-oriented directional signing.
Source: 20 SDR 96, effective December 29, 1993; 39 SDR 120, effective January 9, 2013.
General Authority: SDCL 31-29-80.1.
Law Implemented: SDCL 31-29-80.1.
70:04:07:05. Advance signing. Advance signing may be installed at the discretion of the department and is limited to those situations where sight distance, intersection vehicle maneuvers, or other vehicle operating characteristics require advance notice of the service to reduce vehicle conflicts and improve highway safety.
Source: 20 SDR 96, effective December 29, 1993.
General Authority: SDCL 31-29-80.1.
Law Implemented: SDCL 31-29-80.1.
70:04:07:06. Arrangement and size of signs. Repealed.
Source: 20 SDR 96, effective December 29, 1993; repealed, 39 SDR 120, effective January 9, 2013.
70:04:07:07. Specific requirements for signs. The design, style, and size of lettering; arrangement and size of signs; advance signing; and sign locations must conform to requirements in Part 2 of the Manual on Uniform Traffic Control Devices for Streets and Highways, Eleventh Edition.
Source: 20 SDR 96, effective December 29, 1993; 39 SDR 120, effective January 13, 2013; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 31-29-80.1.
Law Implemented: SDCL 31-29-80.1.
Reference: "Signs," Part 2, Manual on Uniform Traffic Control Devices for Streets and Highways, Eleventh Edition, December 2023, Federal Highway Administration, U. S. Department of Transportation. Copies may be viewed and printed free of charge at: https://mutcd.fhwa.dot.gov/pdfs/11th_Edition/mutcd11thedition.pdf.
70:04:07:08. Application procedure. The application procedure for a tourist-oriented directional sign permit is as follows:
(1) Application must be made to the department on forms furnished by the department;
(2) All applications must be accompanied by a one-time $50 fee for each tourist-oriented directional sign requested;
(3) Within 30 days after receipt of an application, the department shall notify an applicant whether or not the application has been approved and, if it has, the date it is anticipated that it will be installed;
(4) The applicant shall pay an annual fee of $100 for each sign to the department on the date of installation and thereafter on the anniversary date of the installation to cover costs for installing, maintaining, and removing the sign. The department shall bill the applicant for these fees.
Source: 20 SDR 96, effective December 29, 1993; 22 SDR 183, adopted June 30, 1996, effective January 1, 1997.
General Authority: SDCL 31-29-80.1, 31-29-80.2.
Law Implemented: SDCL 31-29-80.1, 31-29-80.2.
70:04:07:09. Contract for manufacture and administration. The Department of Transportation may contract with private industry or another agency of the state for the installation or manufacture of tourist-oriented directional signs and the administration of the tourist-oriented directional sign program.
Source: 20 SDR 96, effective December 29, 1993.
General Authority: SDCL 31-29-80.1.
Law Implemented: SDCL 31-29-80.1.
70:04:07:10. Symbols on tourist-oriented directional signs. A tourist-oriented business may request a symbol to be placed on the sign depicting the type of business advertised by the sign. Any symbol must be generic in nature and may not contain the logo of specific businesses. General service sign symbols and the symbols for recreational and cultural interest area signs allowed by the Manual on Uniform Traffic Control Devices for Streets and Highways, Eleventh Edition, are allowed for use on tourist-oriented directional signs. Any symbol not specifically allowed by the Manual on Uniform Traffic Control Devices for Streets and Highways, Eleventh Edition, must be reviewed and approved by the Transportation Commission prior to use.
Source: 39 SDR 120, effective January 9, 2013; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 31-29-80.1.
Law Implemented: SDCL 31-29-80.1.
Reference: Manual on Uniform Traffic Control Devices for Streets and Highways, Eleventh Edition, December 2023, Federal Highway Administration, U.S. Department of Transportation. Copies may be viewed and printed free of charge at: https://mutcd.fhwa.dot.gov/pdfs/11th_Edition/mutcd11thedition.pdf.
70:04:07:11. Non-conforming signs. The department shall not renew the permit for any sign not in conformance with these rules. Any non-conforming sign that is damaged or destroyed shall not be repaired or replaced, and shall be removed by the department Any non-conforming sign remaining in place on January 1, 2015, shall be removed by the department.
Source: 39 SDR 120, effective January 9, 2013.
General Authority: SDCL 31-29-80.1.
Law Implemented: SDCL 31-29-80.1.
