70:10:01:01.  Definitions. Terms used in this title 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)  "Commission," the South Dakota Transportation Commission;

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

          (4)  "Permittee," an owner of utility lines or facilities possessing a utility corridor permit approved by the department;

          (5)  "Utility corridor," a real property easement or fee interest that the department has acquired for the purpose of providing a suitable location for the relocation of any utility line or facility displaced as a result of a highway construction project.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:02.  Permits required. No person may construct any utility line or facility within any utility corridor without a utility corridor permit issued by the department. The utility owner shall remove and pay for removal of any utility line or facility installed without a valid permit. Each utility corridor permit shall be issued in compliance with this chapter.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:03.  Applications shall be submitted to the department. An applicant shall submit an application for a utility corridor permit to the department.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:04.  Deadline for submission of applications. The department shall set deadlines for submission of utility corridor permit applications for each of the three categories of utilities identified in § 70:10:01:07. The department shall send written notification of the deadlines, at least thirty days prior to the expiration of the deadlines, to any utility that meets the requirements of subdivisions 70:10:01:07(1) and (2).

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:05.  Contents of application. An applicant shall submit a utility corridor permit application on a form approved by the department. The application shall include the following:

          (1)  The name and address of the applicant;

          (2)  The description of the location of the utility corridor where the utility line or facility will be relocated or installed;

          (3)  The type of utility installation requested;

          (4)  Whether the utility line or facility has been displaced as a result of a highway construction project and, if so, the project that caused the displacement and the location of the utility line or facility prior to the displacement;

          (5)  The name and address of the person to whom any notice required by these rules shall be given;

          (6)  A proposed utility corridor installation plan or design;

          (7)  Proof of liability insurance which is adequate for the liabilities presented; and

          (8)  The signature of the applicant.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:06.  Completed application. An application is complete when the department has received all information and documents by the deadline set pursuant to § 70:09:01:04.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:07.  Priority for consideration of application approval. In determining whether to grant or deny a permit application, the department shall consider applications in the following order:

          (1)  From any utility whose facilities are not located over, under, or along any public ground, street, alley, or highway under the jurisdiction of the department but are displaced as a result of a highway construction project;

          (2)  From any utility whose facilities are located over, under, or along any public ground, street, alley, or highway under the jurisdiction of the department, and are displaced as a result of a highway construction project; and

          (3)  From any other utility.

          The department shall approve or deny all timely applications submitted by utilities that satisfy the requirements of subdivision (1) prior to considering any applications from utilities that meet the requirements of subdivision (2). The department shall approve or deny all timely applications submitted by utilities that satisfy the requirements of subdivision (2) prior to considering any applications that meet the requirements of subdivision (3).

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:08.  Criteria for application approval. In determining whether to grant or deny a permit application, the department may consider the size and location of the utility corridor, the availability of other locations for utility relocation or installation, the nature and extent of the proposed occupancy of the corridor, the ability to accommodate other utilities, and the effect on other permittees.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:09.  Process for application approval. Prior to approving a permit, the department shall send a copy of the complete permit application to all other permittees of the utility corridor. The department shall accept written comments concerning the approval or denial of the permit application for thirty days thereafter.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:10.  Unreasonable interference prohibited. No permit may be granted unless the department has determined that doing so will not unreasonably interfere with any current permittee's authorized use of the corridor.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:11.  Conditional application approval. The department may attach reasonable and prudent stipulations as a condition of application approval or continuation. The stipulations shall indicate any improvement or operating condition necessary to protect public health, safety, and welfare, and may include reference to applicable construction and property maintenance standards.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:12.  Appeals. Any person aggrieved by a decision of the department on a utility corridor permit application may appeal in writing to the commission within 20 days after the date of the decision. Within 30 days after receipt of the appeal, the commission 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 applicant and any other permittee of the corridor 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: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:01:13.  Relocation costs. If, due to highway construction, it becomes necessary to relocate all or part of a utility facility from the utility corridor, the department shall only be responsible for the actual, reasonable, and necessary costs of relocating those facilities which qualified for first consideration for placement in the corridor pursuant to subdivision 70:10:01:07(1).

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:02:01.  Permit expiration and extension. A utility corridor permit is expired if the utility line or facility has not been installed 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 complete installation within one year after the permit issue date. Only one extension may be granted. Any request for an extension shall 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 permit. Any extension approval shall be in writing. Any person wishing to reestablish a permit that has expired shall submit a new permit application.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:02:02.  Nonconforming use of utility corridor. The department may find use of a utility corridor to be out of conformance with these rules if:

          (1)  The use of the utility corridor was not authorized in accordance with § 70:10:01:02;

          (2)  The permittee did not comply with stipulations attached to the permit in accordance with § 70:10:01:10; or

          (3)  The permittee has not maintained adequate liability coverage.

          If such a finding is made, the department may order correction of the nonconformity, require the permittee to submit a new utility corridor application, or suspend or revoke the permit and order the removal of the utility line or facility. The permittee shall be responsible for all costs of the removal.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:02:03.  Notification of installation and time period to complete construction. The permittee shall notify the department at least ten working days prior to any construction within the utility corridor. Installation of the utility line or facility may not proceed until the utility corridor permit is issued. The installation of the utility line or facility shall be completed in an expeditious and safe manner and shall be finished within the time stated in the permit. The applicant shall notify the area engineer at least two days prior to substantial completion of the utility installation.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:02:04.  Inspection of installation. The department may inspect the installation at any time to verify that all terms and conditions of the permit are met.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.