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.