Administrative Rule 70:09:03 | South Dakota Legislature

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.

Rule 70:09:03:02 Permit continuity.

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.

Rule 70:09:03:03 Permittee to notify the department of changes in traffic characteristics.

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.

Rule 70:09:03:04 Nonconforming approach.

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.

Rule 70:09:03:05 Permittee is responsible for certain costs.

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.

Rule 70:09:03:06 Notification of construction work and time period to complete construction.

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.

Rule 70:09:03:07 Inspection of access construction.

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.

Rule 70:09:03:08 Permittee is responsible for maintenance of the access.

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.

Rule 70:09:03:09 Department role in access maintenance.

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.

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