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.