31-30-1      Regulation of junk yards adjacent to interstate and primary highways--Nonconforming junk yards as public nuisances.
31-30-2      Definitions.
31-30-3      Nonconforming junk yards prohibited--Proximity to highway--Screening.
31-30-4      Screening preexisting junk yards.
31-30-5      Rules respecting screening.
31-30-6      Acquisition of junk yards that cannot be screened.
31-30-7      Acquisition of land to provide screening.
31-30-8      Acquisition of land for relocation where adequate screening not feasible.
31-30-9      Injunction to abate nuisance.
31-30-9.1      Repealed.
31-30-10      Expenditure of funds for regulation of junk yards.
31-30-11      Agreements with United States.
31-30-12      More restrictive regulation not affected.
31-30-13, 31-30-14. Repealed.

31-30-1. Regulation of junk yards adjacent to interstate and primary highways--Nonconforming junk yards as public nuisances.

For the purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junk yards in areas adjacent to the interstate and primary systems within this state. The Legislature hereby finds and declares that junk yards which do not conform to the requirements of this chapter are public nuisances.

Source: SL 1966, ch 86, § 2.

31-30-2. Definitions.

Terms in this chapter mean:

(1)    "Junk," old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material;

(2)    "Automobile graveyard," any establishment or place of business which is maintained, used, or operated, for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts;

(3)    "Junk yard," an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The term includes garbage dumps and sanitary fills;

(4)    "Interstate system," that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, by the department, and approved by the United States secretary of transportation, pursuant to the provisions of Title 23, United States Code;

(5)    "Primary system," that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the department and approved by the United States secretary of transportation pursuant to the provisions of Title 23, United States Code;

(6)    "Department," the South Dakota Department of Transportation.

Source: SL 1966, ch 86, § 3; SL 2010, ch 145, § 164.

31-30-3. Nonconforming junk yards prohibited--Proximity to highway--Screening.

No person may establish, operate, or maintain a junk yard, any portion of which is within one thousand feet of the nearest edge of the right-of-way of any interstate or primary highway, except the following:

(1)    Those which are screened by natural objects, plantings, fences, or other appropriate means so as to be obscured from the main-traveled way of the system;

(2)    Those located within areas which are zoned for industrial use under authority of law;

(3)    Those located within unzoned industrial areas, which areas shall be determined from actual land uses as defined by the Transportation Commission by rules adopted pursuant to chapter 1-26;

(4)    Those which are not visible from the main-traveled way of the system.

Source: SL 1966, ch 86, § 4; SL 1987, ch 210, § 20.

31-30-4. Screening preexisting junk yards.

Any junk yard lawfully in existence on February 14, 1966, which is within one thousand feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary system, shall be screened, if feasible, by the Department of Transportation or by the owner under the rules adopted by the Transportation Commission pursuant to chapter 1-26, at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as to be obscured from the main-traveled way of such highways.

Source: SL 1966, ch 86, § 5; SL 1987, ch 210, § 21.

31-30-5. Rules respecting screening.

The Transportation Commission may adopt rules, pursuant to chapter 1-26, governing the location, planting, construction, and maintenance, including the materials used in screening or fencing required by this chapter.

Source: SL 1966, ch 86, § 6; SL 1987, ch 210, § 22.

31-30-6. Acquisition of junk yards that cannot be screened.

If the department determines that the topography of the land adjoining the highway does not permit adequate screening of a junk yard or the screening of the junk yard would not be economically feasible, the department may acquire by gift, purchase, exchange, or condemnation in the same manner as it may by law acquire property or property rights, interest in any land necessary to secure the relocation, removal, or disposal of the junk yards. The department may pay for the costs of relocation, removal, or disposal of the junk yard.

Source: SL 1966, ch 86, § 7; SL 2010, ch 145, § 165.

31-30-7. Acquisition of land to provide screening.

If the department determines that it is in the best interest of the state, the department may acquire any land, or interests in land, as may be necessary to provide adequate screening of a junk yard.

Source: SL 1966, ch 86, § 7; SL 2010, ch 145, § 166.

31-30-8. Acquisition of land for relocation where adequate screening not feasible.

The department may acquire by gift, purchase, exchange, or condemnation from the owner, interest in any land necessary to secure the relocation, removal, or disposal of the following junk yards if it determines that the topography of the land adjoining the highway does not permit adequate screening of the junk yard or the screening of the junk yard would not be practical:

(1)    Those lawfully in existence on October 22, 1965;

(2)    Those lawfully along any highway made a part of the interstate or primary system on or after October 22, 1965, and before January 1, 1968; and

(3)    Those lawfully established on or after January 1, 1968.

Source: SL 1966, ch 86, § 8; SL 2010, ch 145, § 167.

31-30-9. Injunction to abate nuisance.

The department may apply for an injunction to abate any nuisance arising from a violation of the provisions of this chapter.

Source: SL 1966, ch 86, § 9; SL 2010, ch 145, § 168.