Administrative Rule 70:09:01 | South Dakota Legislature

(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.

Rule 70:09:01:02 Permits required. ARTICLE 70:09

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.

Rule 70:09:01:03 Applications shall be submitted to the area engineer. ARTICLE 70:09

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.

Rule 70:09:01:04 Contents of application. ARTICLE 70:09

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.

Rule 70:09:01:05 Additional application information. ARTICLE 70:09

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.

Rule 70:09:01:06 Completed application. ARTICLE 70:09

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.

Rule 70:09:01:08 Local government consultation. ARTICLE 70:09

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.

Rule 70:09:01:09 Time period for application review. ARTICLE 70:09

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.

Rule 70:09:01:10 Conditional application approval. ARTICLE 70:09

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.

Rule 70:09:01:11 Appeals. ARTICLE 70:09

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.

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