31-29-63. Advertising prohibited within specified distances of main-traveled way--Exceptions.

No outdoor advertising may be erected within six hundred sixty feet of the nearest edge of the right-of-way and visible from the main-traveled way or beyond six hundred sixty feet of the nearest edge of the right-of-way visible from the main-traveled way, located outside an urban area and erected with the purpose of its message being read from the main-traveled way of the interstate or primary systems except the following:

(1)    Directional and official signs and notices, as defined by subdivision 31-29-62(6);

(2)    Signs, displays, and devices advertising the sale or lease of property upon which they are located;

(3)    Signs, displays, and devices advertising activities conducted on the property upon which they are located;

(4)    Signs, displays, and devices located in areas which are designated industrial or commercial by local authority as provided by Title 11 and within six hundred sixty feet of an interstate or primary highway;

(5)    Signs, displays, and devices located in unzoned industrial or commercial areas as provided by this chapter and within six hundred sixty feet of an interstate or primary highway;

(6)    Signs, including both official public, and private business signs, for which the department shall make a uniform charge, giving specific information in the interest of the traveling public located within the rights-of-way of the interstate and primary systems in areas at appropriate distances from interchanges or intersections on such systems, the location of which shall be determined by the department, any provision of chapter 31-28 or of this chapter to the contrary notwithstanding;

(7)    Signs lawfully in existence on October 22, 1965, determined by the State Transportation Commission to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this chapter;

(8)    Warning signs placed by public utilities for the protection of underground utility cables; or

(9)    Signs, displays, and devices advertising the distribution of nonprofit organizations of free coffee to individuals traveling on the interstate system or the primary system. For the purposes of this subdivision, the term, free coffee, includes coffee for which a donation may be made, but is not required.

Source: SL 1966, ch 87, § 3; SL 1967, ch 118, § 3; SDCL § 31-29-19; SL 1973, ch 192, § 4; SL 1975, ch 195, § 2; SL 1977, ch 246, § 3; SL 1979, ch 202, § 8; SL 2010, ch 145, § 156; SL 2021, ch 128, § 8.