CHAPTER 70:09:01
APPLICATION AND PROCESS
Section
70:09:01:01 Definitions.
70:09:01:02 Permits required.
70:09:01:03 Applications shall be submitted to the area engineer.
70:09:01:04 Contents of application.
70:09:01:05 Additional application information.
70:09:01:06 Completed application.
70:09:01:07 Traffic impact study requirement.
70:09:01:08 Local government consultation.
70:09:01:09 Time period for application review.
70:09:01:10 Conditional application approval.
70:09:01:11 Appeals.
70:09:01:01. Definitions. Terms used in this article mean:
(1) "Area engineer," the department engineer exercising administrative supervision over a geographical region of the state in accordance with the organizational structure of the department;
(2) "Department," the South Dakota Department of Transportation;
(3) "Engineering study," an evaluation of the operational and safety characteristics of a transportation facility using techniques, standards, and guidelines presented in the Manual on Uniform Traffic Control Devices for Streets and Highways, Eleventh Edition; A Policy on Geometric Design of Highways and Streets, Seventh Edition; the Manual of Transportation Engineering Studies, Second Edition; the Trip Generation Manual, Eleventh Edition; and the Access Management Manual, Second Edition;
(4) "Permittee," any land owner or land owner's agent possessing an access permit approved by the department;
(5) "Secretary," the secretary of the South Dakota Department of Transportation;
(6) "Traffic impact study," an evaluation of the traffic effects related to a particular land use, using techniques, standards, and guidelines common among traffic engineering professionals, including those published in the reference for the definition of engineering study; and
(7) "Urban," any incorporated area and its fringe development areas.
Source: 29 SDR 66, effective November 18, 2002; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
References: 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.
A Policy on Geometric Design of Highways and Streets, Seventh Edition, 2018, American Association of State Highway and Transportation Officials. Copies may be obtained at: https://store.transportation.org/Item/CollectionDetail?ID=180. Cost: $342.
Manual of Transportation Engineering Studies, Second Edition, 2010, Institute of Transportation Engineers. Copies may be obtained at: https://ecommerce.ite.org/imis/ItemDetail?iProductCode=TB-012A. Cost: $140.
Trip Generation Manual, Eleventh Edition, September 2021, Institute of Transportation Engineers. Copies may be obtained at: https://ecommerce.ite.org/IMIS/ItemDetail?iProductCode=IR-016L. Cost: $1,395.
Access Management Manual, Second Edition, 2014, Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine. Copies may be obtained at: https://www.trb.org/Publications/AMM14.aspx. Cost: $120.
70:09:01:02. Permits required. No person may construct any access providing direct vehicle movement between any state highway and any property adjoining a state highway without an access permit issued by the department. The property owner shall remove and pay for removal of an access point installed without a valid permit. Access permits shall be issued in compliance with this chapter.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:01:03. Applications shall be submitted to the area engineer. An applicant shall submit one application for each access location on state highways to the area engineer with jurisdiction over the access location.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:01:04. Contents of application. An applicant shall submit an access application on a form approved by the department. The application shall include the following:
(1) The name and address of the applicant;
(2) The name and address of the property owner (if different from the applicant);
(3) The legal description of the property to be served by the access;
(4) The state highway and location on the highway to be accessed;
(5) The land use of the property to be served by the access;
(6) The type of access requested;
(7) The estimated date of access construction;
(8) The signature of the applicant and, if different from the applicant, of the property owner; and
(9) The signature of any local government official with jurisdiction over the proposed access site attesting to review of the access, unless the need for the signature is waived by the area engineer.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:01:05. Additional application information. The department may also require the application to contain the following information:
(1) A proposed access approach design;
(2) A vicinity map indicating access location;
(3) The estimated daily traffic volumes to and from the site;
(4) The estimated daily traffic volumes to and from the access;
(5) Three copies of a site plan showing the design details of the proposed access;
(6) A construction traffic control plan;
(7) Proof of liability insurance;
(8) A detailed development plan;
(9) A drainage plan;
(10) A traffic impact study; and
(11) A revegetation plan.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:01:06. Completed application. An application is complete when the area engineer has received all documents required pursuant to §§ 70:09:01:04 and 70:09:01:05.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:01:07. Traffic impact study requirement. The area engineer may require a traffic impact study with any application for access to a property that will generate one hundred or more peak hour trips. A peak hour trip means the movement of one vehicle to or from a point during the hour of a typical day containing the maximum vehicular volume on the street. The area engineer shall determine the scope of the study, considering probable operational and safety impacts to the general street system. The study must determine what improvements may be necessary to maintain arterial level of service "C", as defined in the Highway Capacity Manual, Seventh Edition, under the traffic conditions expected with the proposed development under consideration. A professional engineer with specific experience in traffic operations analysis shall perform the study. The study must be sealed by a South Dakota registered professional engineer. The study must examine the functional relationships among existing, planned, and potential access points and must use policies and design manual standards and guidance jointly determined by the department and the applicant.
Source: 29 SDR 66, effective November 18, 2002; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
Reference: Highway Capacity Manual, Seventh Edition, 2022, Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine. Copies may be obtained at: https://nap.nationalacademies.org/catalog/26432/highway-capacity-manual-7th-edition-a-guide-for-multimodal-mobility. Cost: $250.
70:09:01:08. Local government consultation. The department shall provide a copy of any completed access permit to any local unit of government affected by the proposed access. The area engineer may require the applicant to obtain signatures of officials of any affected local government documenting their review of the access point proposed in the access application. The affected local government may provide comments for consideration by the department.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:01:09. Time period for application review. The department shall advise an applicant of the status of the application within 30 days of receipt of a complete application. Any access application not acted upon by the department within 60 days is denied.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:01:10. Conditional application approval. The department may attach reasonable and prudent stipulations as a condition of application approval. The stipulations shall indicate any access improvement or operating condition necessary to protect public health, safety, and welfare, including reference to applicable design standards.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:01:11. Appeals. Any person aggrieved by a decision of the department on an access permit application may appeal in writing to the secretary within 20 days after the date of the decision. Within 15 days after receipt of the appeal, the secretary shall grant the relief requested or set a time and place for hearing the appeal. The hearing may not be later than 60 days after the filing of the appeal. The notice of the time and place of the hearing shall be sent by first-class mail to the appellant at least 20 days prior to the date set for hearing. The hearing shall be conducted in accordance with the provisions of SDCL chapter 1-26.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
CHAPTER 70:09:02
ACCESS-LOCATION CRITERIA
Section
70:09:02:01 Access-location criteria.
70:09:02:02 Variance from access-location criteria.
70:09:02:03 Coordinated access planning.
Appendix A South Dakota Access-Location Criteria.
DEPARTMENT OF TRANSPORATION
ACCESS MANAGEMENT
SOUTH DAKOTA ACCESS-LOCATION CRITERIA
Chapter 70:09:02
Appendix A
SEE: 70:09:02:01
Source: 29 SDR 66, effective November 18, 2002; 29 SDR 177, effective July 1, 2003.
South Dakota
Access-Location Criteria
Access Class
|
Signal Spacing Distance (mile) |
Median Opening Spacing (mile) |
Minimum
Unsignalized Access Spacing (feet) |
Access Density |
Denial of Direct Access When Other Available |
||
Interstate
|
N/A |
N/A |
N/A |
N/A |
Yes |
||
Expressway
|
½ |
½ |
2640 |
at half-mile increments |
Yes |
||
|
Free Flow Urban |
½ |
½ F, ¼ D |
1320 |
at quarter-mile increments |
Yes |
||
|
Intermediate Urban |
½ |
½ F, ¼ D |
660 |
at eighth-mile increments |
Yes |
||
|
Urban Developed |
¼ |
¼ |
100 |
2 accesses/block face |
Yes |
||
|
Urban Fringe |
¼ |
½ F, ¼ D |
1000 |
5 accesses/side/mile |
Yes |
||
|
Rural |
N/A |
N/A |
1000 |
5 accesses/side/mile |
Yes |
||
|
NOTES: |
|
|
|
|
|
||
|
|
1. |
Access to the Interstate system is governed by
SDDOT interchange policy. No new |
|||||
|
|
|
access shall be provided on non-interstate routes
within 1/8 mile of interstate ramp |
|||||
|
|
|
terminals. |
|||||
|
|
2. |
N/A = Not Applicable, F = Full Movement – all
turns and through movements |
|||||
|
|
|
provided, D = Directional Only – certain turning
and through movements not |
|||||
|
|
|
provided. |
|||||
|
|
3. |
SDDOT may defer to stricter local standards. |
|||||
|
|
4. |
SDDOT will seek opportunities to reduce access
density wherever possible. |
|||||
|
|
5. |
Rural class minimum unsignalized access spacing
may be reduced to 660' by the |
|||||
|
|
|
Area Engineer, based on results of an engineering
study as described in § 70:09:02:01. |
|||||
Access Class Definitions
Interstate – the designated Interstate highway system, including I-90, I-29, I-229, and I-190.
Expressway – high-speed divided highways serving interstate and regional travel needs.
Free Flow Urban – higher speed facilities with access subordinate to through traffic movement.
Intermediate Urban – serves through traffic while allowing moderate access density.
Urban Developed – traffic artery with high access density. Access and through movement have equal priority.
Urban Fringe – rural highway serving developing area immediately adjacent to a city or town. Access regulated to provide future through-traffic priority.
Rural – low volume, high-speed facility. Access points are spaced for safety and operations efficiency.
70:09:02:01. Access-location criteria. The highway classifications and access location criteria displayed in the table in Appendix A, South Dakota Access-Location Criteria, shall be used to determine whether or not an access permit is granted, and if granted, the location of the access. The department shall determine the access classification for each highway using Appendix A. An engineering study of sight distance, corner clearance, operational efficiency, safety and adjacent land use may also be conducted by department personnel prior to granting access and may alter the criteria shown in the table. A traffic impact study, if required, shall be conducted pursuant to § 70:09:01:07. Coordinated access planning, when conducted under § 70:09:02:03, shall supercede any determination may be applying Appendix A. The department may choose to adopt and defer to local criteria on any state highway facility located within the local jurisdiction if the access location criteria promulgated by the local unit of government are more stringent than those contained in Appendix A. The criteria in Appendix A do not apply if the department has acquired access rights through gift, purchase, or condemnation.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:02:02. Variance from access-location criteria. The area engineer may grant a variance from the access-location criteria in § 70:09:02:01. The granting of the variance shall be in harmony with the purpose and intent of this chapter. No variance may be considered until other feasible options for meeting access-location criteria are explored. Any applicant for a variance from these criteria shall provide proof of unique or special conditions that make strict application of the provisions impractical. This shall include proof that:
(1) Reasonably convenient access cannot otherwise be obtained;
(2) No feasible engineering or construction solutions can be applied to mitigate the condition; and
(3) No alternative access is available from a street other than the primary roadway.
No variance may be granted, unless a strict application of access-location criteria would deny reasonably convenient access or would endanger public health, welfare, and safety. A variance from local access-location criteria must be granted by the local jurisdiction prior to the department's consideration of the variance if the department has deferred to more stringent local criteria. This section does not apply if the department has acquired access rights through gift, purchase, or condemnation.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:02:03. Access planning. Any access point on a state highway in or adjacent to an urban area may be determined by access planning. The department or any unit of local government may initiate an access plan. A local government shall obtain the participation of the department on any access plan that includes a state highway. Any access plan shall be in harmony with the purpose and intent of this chapter. Any plan jointly developed by a local agency and the department shall be approved by the local entity and the department prior to taking effect. If a local jurisdiction declines to participate in access planning, the department may complete an access plan primarily considering the safety and efficiency of the highway system. Nothing in any access plan prepared solely by the department shall be deemed to interfere with any local land use planning and zoning authority. The original approving agency must ratify any amendment to an approved access plan.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
CHAPTER 70:09:03
ACCESS PERMITS
Section
70:09:03:01 Permit expiration and extension.
70:09:03:02 Permit continuity.
70:09:03:03 Permittee to notify the department of changes in traffic characteristics.
70:09:03:04 Nonconforming approach.
70:09:03:05 Permittee is responsible for certain costs.
70:09:03:06 Notification of construction work and time period to complete construction.
70:09:03:07 Inspection of access construction.
70:09:03:08 Permittee is responsible for maintenance of the access.
70:09:03:09 Department role in access maintenance.
70:09:03:01. Permit expiration and extension. A permit is expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. The permittee may request a one-year extension from the department if the permittee is unable to commence construction within one year after the permit issue date. Only one extension may be granted. Any request for an extension must be in writing and submitted to the department before the permit expires. The request shall state the reasons why the extension is necessary and when construction is anticipated. The request shall include a copy of the first page of the access permit. Any extension approval shall be in writing. Any person wishing to reestablish an access permit that has expired shall submit a new permit application.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:03:02. Permit continuity. The landowner and the landowner's heirs, successors-in-interest, and assigns of property shall be responsible for meeting the terms and conditions of an approved access permit.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:03:03. Permittee to notify the department of changes in traffic characteristics. The permittee shall contact the department to determine if a new access permit and modifications to the access are required if:
(1) The land use served by the access changes;
(2) The traffic volume using the access increases by at least 25%; or
(3) The truck percentage of total vehicular volume using the access increases by at least 10%.
The department may, without receiving notice from the permittee, initiate such a review and determination, with notice to the permittee.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:03:04. Nonconforming approach. The department may find an access not in conformance with these rules if:
(1) The access was not authorized in accordance with § 70:09:01:02;
(2) The permittee did not notify the department of changes in traffic characteristics in accordance with § 70:09:03:03;
(3) The access is used in violation of the permit; or
(4) The property served by the access has been platted without the approval of the department.
If such a finding, the department may order correction of the nonconformity, require the permittee to submit a new access application, or suspend or revoke the access permit and order the closure and removal of the access.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:03:05. Permittee is responsible for certain costs. The permittee is responsible for the costs of construction, maintenance, and removal (if necessary) of the access. The permittee is also responsible for any risk and liability for any accident and damage that may occur to a person or property from the work performed under an access permit. The department may bring action to recover any cost incurred to correct any deficiency, as specified in § 70:09:03:08. The permittee is also responsible for the cost of designing and constructing any turn lane, traffic signal, and other roadway improvement recommended in a traffic impact study as necessary to mitigate any impact of development. The department may participate in funding any improvements at any local street intersection. Any improvement must be approved by the department and comply with department design standards.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:03:06. Notification of construction work and time period to complete construction. The permittee shall notify the department at least two working days prior to any construction within state highway right-of-way. Construction of the access may not proceed until the access permit is issued. The access shall be completed in an expeditious and safe manner and shall be finished within the time stated in the permit, not to exceed 45 days, from initiation of construction within the highway right-of-way. One construction time extension may be requested from the area engineer to accommodate any unforeseen construction delay. The area engineer shall determine the length of the construction time extension. The applicant shall notify the area engineer at least two days prior to substantial completion of the access construction.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:03:07. Inspection of access construction. The department shall inspect the access to verify that all terms and conditions of the permit are met.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:03:08. Permittee responsible for maintenance of the access. The permittee is responsible for the repair and maintenance of the access beyond the edge of the roadway including:
(1) Surfacing;
(2) Curb and gutter;
(3) Cattle guard and gate;
(4) Vegetation control;
(5) Removal or clearance of snow or ice upon the access even though deposited on the access in the course of department snow removal operations;
(6) Repair and replacement of any access-related culverts of 36-inch diameter or smaller within the right-of-way in unincorporated areas;
(7) Obtaining department approval for all culvert repairs, drainage repairs, resurfacing, and changes in access design or configuration; and
(8) Any other maintenance required for continued safe and satisfactory operation of the access point.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
70:09:03:09. Department role in access maintenance. The department may not maintain any access permitted under this chapter unless:
(1) The department determines that modification of the access point is necessary to meet adjacent highway reconstruction;
(2) The department performs similar type maintenance on the highway at the access;
(3) The maintenance of a new approach is required for construction under SDCL 31-24-1 and 31-24-2;
(4) The maintenance consists of culvert cleaning in an unincorporated area; or
(5) The maintenance consists of repair and replacement of culverts larger than 36" diameter in an unincorporated area.
If the permittee fails to maintain an access point, the department, upon notice to the permittee, may correct any maintenance deficiency at cost to the permittee.
Source: 29 SDR 66, effective November 18, 2002.
General Authority: SDCL 11-3-12.2.
Law Implemented: SDCL 11-3-12.2.
