TITLE 31
HIGHWAYS AND BRIDGES
Chapter
01 Definitions And Classes Of Highways
02 Administration Of State Highways
03 Location, Change And Vacation Of Highways
04 State Trunk Highway System
04A South Dakota Bridge Authority [Repealed]
05 State Highway Construction And Maintenance In General
06 Secondary Roads [Repealed]
07 Interstate Highway System
08 Controlled-Access Facilities
09 Highways Serving Federal Reservations
10 Boundary State Highway Bridges
11 County Highway Department And Funds
12 County Highway Systems
12A County Road Districts
13 Township Roads
14 County And Township Bridges And Culverts
15 County And Municipal Local Interstate Toll Bridges [Repealed]
16 Bridge Corporations [Repealed]
17 Boundary Line Highways
18 Section-Line Highways
19 Acquisition Of Land And Materials For Highway Purposes
20 Use Of Publicly Owned Land For Highway Purposes
21 Highway Drainage Ditches
22 Condemnation Of Easements For Isolated Tracts
23 Performance Bonds On Highway Contracts
24 Highway Intersections And Private Entrances
25 Fences, Cattle Ways And Livestock Guards
26 Utility Lines Along And Across Highways
27 Railroad Crossings
28 Highway Markers And Signs
29 Highway Beautification And Regulation Of Advertising
30 Junk Yards Along Highways
31 Weed Removal Along Highways
32 Highway Obstructions And Defects
33 Municipal Arterial Street Systems
34 Rural Access Infrastructure
31-1-1
Highway defined.
31-1-2
Bridges and culverts part of highway.
31-1-3
Existing highways--Continuation as established.
31-1-4
Classification of highways of state.
31-1-5
Administrative systems of highways--Classification.
31-1-6
Federal aid systems--Classification.
31-1-7
Coexistence of administrative and federal aid systems.
31-1-1. Highway defined.
Every way or place of whatever nature open to the public, as a matter of right, for purposes of vehicular travel, is a highway. The term, highway, does not include a roadway or driveway upon grounds owned by private persons, colleges, universities, or other institutions, but the term includes a roadway or driveway upon grounds owned by any state agency, college, university, or institution if the governing agency, board, or commission by resolution so determines and the Department of Transportation concurs.
Source: SL 1929, ch 251, § 1 (n); SDC 1939, § 28.0101; SL 1968, ch 120; SL 2010, ch 145, § 10.
31-1-2. Bridges and culverts part of highway.
Bridges and culverts erected or maintained by the public constitute a part of the public highway. The terms, road or highway, whenever used in this title include any bridge upon or which form a part of the road or highway constructed, maintained, or to be improved; also any subway or underpass and any overhead crossing.
Source: PolC 1877, ch 29, § 48; CL 1887, § 1238; RPolC 1903, § 1643; RC 1919, § 8669; SL 1919, ch 333, § 8; SDC 1939, §§ 28.0101, 28.1401; SL 1968, ch 120; SL 2010, ch 145, § 11.
31-1-3. Existing highways--Continuation as established.
All public highways lawfully established shall continue as established until changed or vacated as provided by law.
Source: RC 1919, § 8612; SDC 1939, § 28.0103; SL 2018, ch 168, § 1.
31-1-4. Classification of highways of state.
The highways of this state consist of streets and alleys within the limits of municipal corporations, the state trunk highway system, the county highway systems of the several counties, and all other highways denominated secondary highways.
Source: SDC 1939, § 28.0107.
31-1-5. Administrative systems of highways--Classification.
For the purpose of clarifying the duties and powers of the various governmental state agencies charged with the administration of the highways in South Dakota, the following definitions of highway systems shall be applicable:
(1) "State trunk system," the highways designated by statute to be controlled and supervised by the Department of Transportation;
(2) "County highway system," the highways designated by the board of county commissioners in organized counties under the supervision of these bodies that have been approved by the Department of Transportation;
(3) "Township highways," the secondary highways in organized townships that are administered by a board of township supervisors;
(4) "County secondary highways," the rural local highways in organized counties, excluding the approved county highway system, that are under the supervision of a board of county commissioners.
Source: SL 1955, ch 106, § 1; SDC Supp 1960, § 28.0238.
31-1-6. Federal aid systems--Classification.
For the purpose of clarifying the federal aid systems provided for in federal highway acts the following classifications are applicable in South Dakota:
(1) "National highway system including the interstate system," the highways designated by the state and federal government that are eligible for improvement with national highway system and interstate federal aid funds;
(2) "Surface transportation program," the urban and rural highways designated as arterial and collector routes not functionally classified as local or rural minor collectors, unless such roads were on a federal-aid highway system on January 1, 1991, including all highways formerly designated federal-aid secondary and federal-aid urban system by the state and federal government, and including the transportation enhancement activities as defined by section 101(a) of Title 23, United States Code as of December 18, 1991, that are eligible for improvement with surface transportation program federal aid funds.
Source: SL 1955, ch 106, § 2; SDC Supp 1960, § 28.0239; SL 1984, ch 207, § 12; SL 1993, ch 215.
31-1-7. Coexistence of administrative and federal aid systems.
To further clarify the relation of the administrative and federal aid systems as defined in §§ 31-1-5 and 31-1-6 be it known that any of the federal aid systems may be coexistent with any of the administrative systems.
Source: SL 1955, ch 106, § 3; SDC Supp 1960, § 28.0240.
31-2-1
Superseded.
31-2-1.1
Repealed.
31-2-2
Superseded.
31-2-2.1
Repealed.
31-2-3 to 31-2-7.
Superseded.
31-2-8
Repealed.
31-2-9 to 31-2-12.
Repealed.
31-2-13
Repealed.
31-2-13.1
Rules--Promulgation.
31-2-13.2
State highway fund--Use and expenditure of moneys--Purpose.
31-2-14
Appropriations required for salaries, expenses, and maintenance costs--Annual
appropriation for construction and right-of-way.
31-2-14.1
Rules to define "administrative purposes".
31-2-14.2
Use of state highway fund.
31-2-14.3
Annual appropriation to Department of Revenue--Distribution.
31-2-15
Repealed.
31-2-16, 31-2-17.
Repealed.
31-2-18
Employment of persons with developmental disabilities.
31-2-19
Construction and improvement of roads--Location of material--Public
meetings.
31-2-20
Adoption of standard plans and specifications.
31-2-20.1
Performance standards to measure overall condition of highways and bridges--Goals for maintenance.
31-2-21
Supervision of construction and maintenance of state trunk highway system,
bridges, and culverts.
31-2-22
Advice at county's request on maintaining its highway system.
31-2-23
Dissemination of highway information--Tourism publications.
31-2-23.1
Repealed.
31-2-24
Contracts for tourist publicity.
31-2-25
Repealed.
31-2-26
Repealed.
31-2-27
Disposition of property no longer useful.
31-2-28 to 31-2-31.
Repealed.
31-2-32
Auction sale of passenger automobiles.
31-2-33
Cooperation in research projects for road development.
31-2-34
Action against state on construction contract--Venue of trial.
31-2-35
Hearing and determination of action against state--Right of appeal.
31-2-36
Service of process on state.
31-2-37
Time for actions against state.
31-2-38
Award of damages and costs--Payment by state.
31-2-39
Final judgment against state--Payment from state highway fund.
31-2-13.1. Rules--Promulgation.
The Transportation Commission of the Department of Transportation may adopt rules pursuant to chapter 1-26, governing the following conditions in highway construction contracts:
(1) Site conditions;
(2) Suspensions of work ordered by the state (other than a suspension of work caused by the fault of the contractor or by weather);
(3) Material changes in the scope of work specified in the contract.
Source: SL 1989, ch 249.
31-2-13.2. State highway fund--Use and expenditure of moneys--Purpose.
There is created a special fund in the state treasury to be known as the state highway fund. All moneys in the fund shall be used and expended under the direction of the Department of Transportation, for the purpose of constructing and maintaining highways and bridges in this state, paying the salaries and expenses of the Department of Transportation, and funding public transportation, as the moneys may be appropriated for these purposes by the Legislature.
Source: SL 2005, ch 149, § 2.
31-2-14. Appropriations required for salaries, expenses, and maintenance costs--Annual appropriation for construction and right-of-way.
The salaries of the Transportation Commission, secretary of the Department of Transportation, engineer, deputies, assistants, and employees, their necessary expenses, the other expenses of maintaining the administration of the department, and the costs of maintenance and repair of highways shall be paid by the state treasurer from the state highway fund after the same have been duly appropriated from the fund by the Legislature and audited by the state auditor. State and federal highway funds necessary for construction of highways as defined in chapter 31-1 and purchase of rights-of-way and borrow pits pursuant to chapter 31-19, are hereby annually appropriated from the state highway fund. The amount of those funds expended for administrative purposes may not exceed seven percent of the available highway funds.
Source: SDC 1939, § 28.0205; SL 1953, ch 136; SL 1957, ch 125; SL 1964, ch 91; SL 1975, ch 190, § 5; SL 1984, ch 207, § 15; SL 1993, ch 216.
31-2-14.1. Rules to define "administrative purposes".
The Transportation Commission shall promulgate rules pursuant to chapter 1-26 to define the term, "administrative purposes" for the purposes of § 31-2-14.
Source: SL 1990, ch 224.
31-2-14.2. Use of state highway fund.
All moneys in the state highway fund shall be used only for the construction, maintenance, and supervision of highways and bridges in this state, for the administrative costs necessary to perform such duties, and for the funding of public transportation.
Source: SL 1992, ch 201; SL 2005, ch 149, § 3.
31-2-14.3. Annual appropriation to Department of Revenue--Distribution.
There is hereby appropriated each fiscal year from the state highway fund the sum of one million thirty-three thousand two hundred sixty-nine dollars and ten cents to the Department of Revenue for distribution to the counties. The moneys shall be distributed to the counties in the same amounts as funds were distributed to the counties by the Department of Game, Fish and Parks for license fees in calendar year 1997, pursuant to § 41-6-70. The moneys shall be deposited in the special highway fund of each county. The secretary of revenue shall distribute the money prior to December thirty-first of each year.
Source: SL 1999, ch 59, § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
31-2-18. Employment of persons with developmental disabilities.
The Department of Transportation may contract for the services of any person with a developmental disability as defined in chapter 27B-1, for the performance of any work under the supervision and control of the department, without competitive bids, if the department determines that the work can be performed by the person with a developmental disability at a cost substantially equal to the ordinary cost.
Source: SL 1965, ch 143; SL 2010, ch 145, § 13.
31-2-19. Construction and improvement of roads--Location of material--Public meetings.
Whenever practical, the Department of Transportation shall investigate and determine the location of road material in the state, ascertain the most approved methods of construction and improvements of roads, and hold public meetings throughout the state when deemed advisable.
Source: SL 1919, ch 333, § 7; SDC 1939, § 28.0207.
31-2-20. Adoption of standard plans and specifications.
The Department of Transportation shall advise and adopt standard plans and specifications for road, bridge, and culvert construction and maintenance suited to the needs of the different counties of the state and furnish the same to the several county superintendents of highways.
Source: SL 1919, ch 333, § 7; SDC 1939, § 28.0207.
31-2-20.1. Performance standards to measure overall condition of highways and bridges--Goals for maintenance.
The Department of Transportation shall establish performance standards designed to measure the overall condition of the highways and bridges on the state highway system, along with establishing ten-year goals for maintenance of these conditions. When establishing appropriate performance standards, the department may include nationally established standards and measurements required to be reported to the United States Department of Transportation.
The department shall, before the fourth Tuesday in January of each year, report to the Senate and House standing committees on transportation on the current and projected condition of the highways and bridges on the state trunk highway system. This report shall include progress on meeting the ten-year goals for condition of the state highway system. If the projections show the ten-year goals will not be met, the department shall report the estimated amount of additional funding needed to achieve the goals.
Source: SL 2015, ch 165, § 24, eff. Apr. 1, 2015.
31-2-21. Supervision of construction and maintenance of state trunk highway system, bridges, and culverts.
The Department of Transportation shall supervise the construction and maintenance of the state trunk highway system, its bridges, and culverts.
Source: SL 1919, ch 333, § 7; SDC 1939, § 28.0207; SL 1984, ch 207, § 18.
31-2-22. Advice at county's request on maintaining its highway system.
The department shall, at the request of any county, give advice regarding difficult construction questions, pass upon the feasibility of any plan of road construction, improvement, and repair, and in general render any reasonable service to aid the county in the construction, maintenance, or repair of its county highway system.
Source: SDC 1939, § 28.0208; SL 1953, ch 138; SL 1993, ch 217.
31-2-23. Dissemination of highway information--Tourism publications.
For the purpose of dissemination of information relative to highway construction, repair, maintenance, and upkeep, and for the purpose of advertising the highways of this state and attracting traffic thereto, the Department of Tourism is empowered to compile and publish any pamphlets, bulletins, and documents it deems necessary and expedient for informational and publicity purposes concerning the highways of the state, to support area travel shows intended to provide a balanced promotion of all areas of and with respect to public parks, recreational grounds, scenic places, and other public places and scenic areas or objects of interest, data as to distances, historical facts, and other items or matters of interest and value to the general public and road users; and the department may make or cause to be made from time to time a map or maps showing thereon the highways of the state and the municipalities, and other places of interest served and reached by said highways, and may cause to be printed, published, and prepared in a manner or form the department deems best, all of such information and data and provide for the distribution and dissemination of the same in such manner and method that will best serve the motoring public and road users.
Source: SDC 1939, § 28.0218; SL 1953, ch 143; SL 1971, ch 173; SL 1982, ch 17, § 49; SL 1992, ch 60, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 59; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011.
31-2-24. Contracts for tourist publicity.
To the end described in § 31-2-23, the Department of Tourism may contract with persons, or publicity and advertising agencies to purchase space on billboards and in magazines, papers, and periodicals and time on radio and television stations and contract for other publicity for the dissemination of advertising information, historical facts, statistics, and pictures that are useful and informative to the traveling public and to attract tourists to the state. The department may contract with motion picture producers and others for the taking of moving pictures or still pictures in the state and may provide for the showing of the films when taken. The department may join with other governmental departments of the state in publishing such informational or publicity matter.
Source: SDC 1939, § 28.0218 as added by SL 1953, ch 143; SL 1982, ch 218; SL 2018, ch 169, § 1.
31-2-27. Disposition of property no longer useful.
The Department of Transportation may determine that material, machinery, equipment, or other personal property, or real property owned by the state and used by the department in maintenance or construction, which material, machinery, equipment, or other personal property is not needed for such purposes or is worn out to such an extent it is no longer useful in highway construction or maintenance, or that real property is no longer needed in the maintenance or construction of state trunk highways. The department may sell and dispose of the material, machinery, equipment, personal or real property according to the procedure prescribed by the commissioner of human resources and administration.
Source: SL 1941, ch 134; SL 1955, ch 98; SDC Supp 1960, § 28.0222; SL 1963, ch 162; SL 1977, ch 54, § 8; SL 1984, ch 207, § 21; SL 1986, ch 238, § 3; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
31-2-32. Auction sale of passenger automobiles.
No passenger automobile may be sold at public auction by the Department of Transportation unless there are auction sales of such passenger automobiles in each of the transportation regions where the automobiles are normally assigned.
Source: SDC Supp 1960, § 28.0222 as added by SL 1965, ch 133; SL 1984, ch 207, § 22.
31-2-33. Cooperation in research projects for road development.
The Department of Transportation shall be authorized to cooperate with any other state, group of states, federal agency, or nationally recognized research organization and share in the expense of setting up, maintaining and operating research projects including test roads at any place within or without the State of South Dakota for the development of facts and criteria capable of being used in the design and construction of highways, highway surfaces, and highway structures, and for the establishment of an engineering basis for the enactment of adequate and equitable legislation governing the allowable loading and method of taxation; to provide information as to types and capacities of highway vehicles which are practicable to be used in highway transportation; to procure special information concerning engineering problems, costs of maintaining highways at different capacities, the necessity for increased taxation to cover costs of highway capacities; and to produce reliable information as to how to realize the most efficient and economical vehicle capacities consistent with optimum over all highway transportation.
Source: SL 1955, ch 105; SDC Supp 1960, § 28.0237.
31-2-34. Action against state on construction contract--Venue of trial.
The State of South Dakota may be sued and made defendant in any court in which an action is brought against the South Dakota Department of Transportation respecting any claim, right, or controversy arising out of the work performed, or by virtue of the provisions of any construction contract entered into by the South Dakota Department of Transportation. Any such action shall name the South Dakota Department of Transportation as defendant and the venue for trial shall be the county where all or part of the construction work was performed.
Source: SL 1964, ch 110, §§ 1, 2.
31-2-35. Hearing and determination of action against state--Right of appeal.
An action brought pursuant to § 31-2-34 shall be heard and determined pursuant to rules otherwise applicable to civil actions brought in the particular court having jurisdiction of the suit and the parties to the suit shall have the right of appeal from any judgment, decree, or decision of the trial court to the appropriate appellate court under the applicable rules of appeal.
Source: SL 1964, ch 110, § 1.
31-2-36. Service of process on state.
Service upon the State of South Dakota shall be made by serving a copy of the summons, with the complaint attached, upon any authorized representative of the South Dakota Department of Transportation and also by serving copies of the summons and complaint upon the Governor and attorney general of the State of South Dakota, in the manner provided for the service of process in actions brought in the circuit courts of the State of South Dakota, or by serving a copy of the summons, with the complaint attached, upon any authorized representative of the South Dakota Department of Transportation and also by serving copies of the summons and complaint upon the Governor and attorney general of the State of South Dakota in the manner provided for service of process in actions brought in United States district courts, except only that the state shall be required to appear within thirty days after the day such process is served in the manner herein provided.
Source: SL 1964, ch 110, § 3.
31-2-37. Time for actions against state.
Actions against the State of South Dakota authorized under the provisions of 31-2-34 shall be instituted within two years from the date of the completion of the work as provided under the terms of that particular contract or contracts.
Source: SL 1964, ch 110, § 4.
31-2-38. Award of damages and costs--Payment by state.
The State of South Dakota shall pay to any successful litigant, the amount of damages awarded and the amount of costs assessed against the State of South Dakota, out of the state highway fund from all the moneys levied and collected by the state by general state taxation for state highway purposes, or appropriated for state highway purposes.
Source: SL 1964, ch 110, § 5.
31-2-39. Final judgment against state--Payment from state highway fund.
No execution may issue against the state on any final judgment obtained under the provisions of this chapter. However, if final judgment against the state has been obtained in any such action as provided by this chapter, the clerk of the court, wherein the final judgment was obtained, shall forthwith send a certified copy of the judgment by registered or certified mail to the secretary of transportation, and to the state auditor. The auditor shall audit the amount of damages and costs therein finally awarded. The state treasurer shall pay the damages and costs out of the state highway fund.
Source: SL 1964, ch 110, § 6; SL 2010, ch 145, § 14.
CHAPTER 31-3
LOCATION, CHANGE AND VACATION OF HIGHWAYS
31-3-1 Dedication to public by continuous use, work, and repair of road--Width--Obtaining right-of-way.
31-3-2 Public highway not established by mere use.
31-3-3 Rights of settlers on public lands.
31-3-4 Location on boundary line--Half of highway taken from each side.
31-3-5 Damages assessed--Payment before use of road.
31-3-6 Petition to locate, change, or vacate a highway.
31-3-6.1 Access to public lands or public waters.
31-3-7 Public hearing--Notice--Affirmative resolution of board--Order.
31-3-8 Resolution and order of board--Description of land--Map maintained by county auditor--Recording.
31-3-9 Resolution and order--Entry in minutes--Publication.
31-3-10 Discontinuance and vacation--Reversion of title to land--Removal of improvements.
31-3-11 Validation of vacation of highway not within municipality.
31-3-12 Limitation of jurisdiction of township supervisors.
31-3-13 Highway on township line--Joint resolution.
31-3-14 Appeal from township board to vote of voters.
31-3-15 31-3-15, 31-3-16. Repealed by SL 1985, ch 233, § 6
31-3-17 Reopening vacated section lines without payment of damages.
31-3-18 Width of highway.
31-3-19 County location proceedings--Highways to which applicable.
31-3-20 Municipal boundary highways--County and trunk highway systems.
31-3-21 31-3-21. Repealed by SL 1984, ch 12, § 33
31-3-22 31-3-22. Repealed by SL 1985, ch 233, § 10
31-3-23 Proceedings on short highway without usual number of petitioners--Payment of damages.
31-3-24 31-3-24 to 31-3-27. Repealed by SL 1985, ch 233, §§ 11 to 14
31-3-28 Benefits considered in assessing damages.
31-3-29 31-3-29. Repealed by SL 1985, ch 233, § 15
31-3-30 Owner opposed to petition to set forth damages in writing--Determination by county commissioners.
31-3-31 31-3-31, 31-3-32. Repealed by SL 1985, ch 233, §§ 16, 17
31-3-33 Assessment and payment of damages.
31-3-34 Appeal to circuit court--Time allowed.
31-3-35 31-3-35. Repealed by SL 1985, ch 233, § 20
31-3-36 Location by consent.
31-3-37 Expenses of survey--Payment by person seeking location of highway.
31-3-38 31-3-38. Repealed by SL 2018, ch 168, § 4.
31-3-39 Field notes--Furnishing to board of supervisors of township.
31-3-40 Field notes--Recording in township highway record.
31-3-41 Relocation of highways--Contract of political subdivision with United States--Reimbursement.
31-3-42 Change in location of highway by political subdivision contracting with the United States.
31-3-43 Notice of proposed change--Publication.
31-3-44 Highways within extraterritorial area of municipality.
31-3-45 Rights of utilities and rural water systems unaffected.
31-3-46 Procedures for highway appeals from township board of supervisors.
31-3-1. Dedication to public by continuous use, work, and repair of road--Width--Obtaining right-of-way.
Whenever any road shall have been used, worked, and kept in repair as a public highway continuously for twenty years, the same shall be deemed to have been legally located or dedicated to the public, and shall be and remain a public highway until changed or vacated in some manner provided by law.
Such highway shall be sixty-six feet wide and shall be taken equally from each side of the roadbed center line. Nothing herein contained may prevent the highway authority charged with the construction, reconstruction, or repair of any public highway from purchasing or condemning right-of-way for widening the highway to more than sixty-six feet or from purchasing or condemning more right-of-way on one side of the roadbed center line than on the other, provided they deem it necessary so to do in order to provide a better highway, to avoid destruction of trees or valuable buildings or to avoid unsuitable terrain.
Source: SDC 1939, § 28.0104; SL 1985, ch 232.
31-3-2. Public highway not established by mere use.
Notwithstanding § 31-3-1, the mere use by the public of any route of travel along or across public or private land, or the right-of-way of any railroad company for any period, shall not operate to establish a public highway and no right shall inure to the public or any person by such use thereof.
Source: SL 1893, ch 100; RPolC 1903, § 1632; RC 1919, § 8613; SDC 1939, § 28.0104.
31-3-3. Rights of settlers on public lands.
In all applications for the location, change, or vacation of any public highway, actual settlers upon any public lands in any county in this state shall have and possess all rights in this chapter granted to freeholders.
Source: SL 1867-8, ch 13, § 32; PolC 1877, ch 29, § 36; CL 1887, § 1226; RPolC 1903, § 1631; RC 1919, § 8618; SDC 1939, § 28.0112.
31-3-4. Location on boundary line--Half of highway taken from each side.
When a public highway is laid out and located upon a line dividing the land of two individuals, but not on the section line, one-half of the same must be taken, if practicable, from the land of each, provided whenever the taking of more land from one individual than the other will result in better alignment, less costly construction, or will save valuable trees or buildings from destruction, the highway may be laid out and the right-of-way taken unequally from said owners.
Source: PolC 1877, ch 29, § 44; CL 1887, § 1234; RPolC 1903, § 1639; RC 1919, § 8619; SDC 1939, § 28.0113; SL 1953, ch 134.
31-3-5. Damages assessed--Payment before use of road.
No public highway shall be opened, worked, or used until the damages assessed therefor shall be paid to the persons entitled thereto or deposited in the county treasury for their use, or they shall give their consent thereto in writing filed with the county auditor.
Source: SL 1867-8, ch 13, § 25; PolC 1877, ch 29, § 28; CL 1887, § 1216; RPolC 1903, § 1621; RC 1919, § 8620; SDC 1939, § 28.0114.
31-3-6. Petition to locate, change, or vacate a highway.
Upon receiving a petition signed by two or more voters of an organized civil township, the board of supervisors, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7, and after consideration of all information, opinions, and arguments presented, may, except as provided in §§ 31-3-12 and 31-3-44, vacate, change, or locate a highway in the township, if the public interest will be better served by the action.
Upon receiving a petition signed by voters of the county, at least equal in number to one percent of those who cast ballots in the county during the last gubernatorial election, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7, and after consideration of all information, opinions, and arguments presented, may, except as provided in §§ 31-3-12 and 31-3-44, vacate, change, or locate a highway in the county, if the public interest will be better served by the action.
Upon receiving a petition signed by two thirds of the adjacent landowners or all adjacent landowners if there are fewer than three, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7, and after consideration of all information, opinions, and arguments presented, may vacate the highway, if the public interest will be better served by the action.
The petition must set forth the beginning, course, and termination of the highway proposed to be located, changed, or vacated and, if applicable, the name of each person owning the land through which the proposed highway may pass.
Source: SDC 1939, § 28.0410; SL 1984, ch 208, § 2; SL 1985, ch 233, § 1; SL 2021, ch 122, § 1.
31-3-6.1. Access to public lands or public waters.
Notwithstanding any other provisions of this chapter, no county or township may vacate a highway which provides access to public lands or public waters embracing an area of not less than forty acres.
Source: SL 1989, ch 253, § 1; SL 2012, ch 154, § 1; SL 2018, ch 170, § 1.
31-3-7. Public hearing--Notice--Affirmative resolution of board--Order.
In case of the filing of a petition described in § 31-3-6, the board shall, after giving notice of a public hearing, hold a public hearing called for the purpose of receiving public testimony about the action proposed by the petition. The board shall give notice of the public hearing by publication in the official newspaper of said township, if any, otherwise in the nearest legal newspaper of said county, once each week for at least two consecutive weeks. The notice of the public hearing shall state the purpose, date, time, and location of the hearing and a legal description of the location of the highway and the action proposed by the petition and how information, opinions, and arguments may be presented by any person unable to attend the hearing. The board shall, by resolution, determine whether the public interest will be better served by such proposed vacating, changing, or locating of the highway in question, and upon resolution in the affirmative, shall make its order that such highway be vacated, changed, or located.
Source: SDC 1939, § 28.0411; SL 1951, ch 138, § 1; SL 1985, ch 233, § 2.
31-3-8. Resolution and order of board--Description of land--Map maintained by county auditor--Recording.
The resolution and order provided for in § 31-3-7 shall describe the highway vacated, changed, or located in general language by description of the land across which the highway extends, or by landmarks or survey designate the particular highway intended. The county auditor shall prepare and maintain a current map showing the course and location of all county highways within or on the border of the county. The county auditor shall, within thirty days of the resolution and order provided for in § 31-3-7, make those changes to the map as necessary to reveal the course and location of any county highway vacated, changed, or located. A certified copy of the resolution and order shall be filed with the register of deeds.
Source: SDC 1939, § 28.0412; SL 1985, ch 233, § 3; SL 1998, ch 167, § 1; SL 2012, ch 155, § 1.
31-3-9. Resolution and order--Entry in minutes--Publication.
Such resolution and order shall be printed in the minutes of the meeting of the board and the resolution shall be published in the official newspaper of said township, if any, otherwise in the nearest legal newspaper to said highway, once each week for at least two consecutive weeks, and such highway shall be, after a lapse of thirty days, vacated, changed, or located, without further proceedings unless appeal as provided for in this chapter.
Source: SDC 1939, § 28.0411; SL 1951, ch 138, § 1; SL 1972, ch 166, § 1; SL 1985, ch 233, § 4.
31-3-10. Discontinuance and vacation--Reversion of title to land--Removal of improvements.
Upon the discontinuance and vacation of a highway pursuant to §§ 31-3-6 to 31-3-9, inclusive, the title to the land embodied therein shall revert to the original owners or their grantees or successors in interest, and any removable guardrails, culverts, or other public improvements upon such vacated highway may be removed and returned to the political subdivision by which the same were made or supplied.
Source: SL 1935, ch 125, § 2; SDC 1939, § 28.0412.
31-3-11. Validation of vacation of highway not within municipality.
Whenever the governing body of any township, or county, of this state, having jurisdiction has had, or shall have, presented to it a petition for the vacation of any public highway or street, alley, or public ground or any part thereof, not located within the corporate limits of any municipality, and, after due hearing such governing body has granted or shall grant the petition in whole or in part and there was, or shall be, recorded in the office of the register of deeds of the county wherein such area is located a certified copy of the resolution or record of the action taken by such body relative to such petition, any defect or irregularity in the proceedings in such matter shall be deemed validated, legalized, and cured at the end of two years following the date of such recording and any easement or interest of the public in or upon the area so vacated shall then be terminated and action thereon barred.
Source: SL 1951, ch 138, § 2; SDC Supp 1960, § 28.0411-1.
31-3-12. Limitation of jurisdiction of township supervisors.
The board of township supervisors may not vacate or change any portion of the state trunk highway system, the county highway system, or any highway within the corporate limits of any municipality.
Source: SL 1935, ch 125, § 3; SDC 1939, § 28.0413; SL 1978, ch 219; SL 1984, ch 208, § 3.
31-3-13. Highway on township line--Joint resolution.
In case the highway to be vacated, changed, or located is upon a township line, it shall be necessary that the board of supervisors of the adjoining civil township, or the board of county commissioners of the county, if the adjoining congressional township is unorganized, as the case may be, pass a like resolution and enter an order vacating, changing, or locating said highway.
Source: SL 1935, ch 125, § 4; SDC 1939, § 28.0414.
31-3-14. Appeal from township board to vote of voters.
Six or more voters of the township, aggrieved by the action of the board of supervisors in vacating, changing, or locating a highway may file with the township clerk a notice in writing within thirty days from the date of the first publication pursuant to § 31-3-9, that they appeal the decision on whether the highway shall be vacated, changed, or located to be submitted to a vote of the voters of the township.
Source: SL 1935, ch 125, § 5; SDC 1939, § 28.0415; SL 2014, ch 48, § 18.
31-3-17. Reopening vacated section lines without payment of damages.
Nothing in this chapter may be construed to prevent the township board, county board, or the Transportation Commission from reopening highways so vacated without payment of damages to landowners on account of reopening said highway.
Source: SDC 1939, § 28.0416; SL 1985, ch 233, § 8.
31-3-18. Width of highway.
Any public highway located under §§ 31-3-6 to 31-3-37, inclusive, shall be at least sixty-six feet in width, and may be one hundred feet in width if all residents of land adjoining the highway petition for such width. However, a highway not exceeding one-half mile in length and not located on any section line shall be at least thirty-three feet in width if, in the judgment of the board of county commissioners, such width is sufficient to accommodate properly the travel on the highway. Each order locating or changing any highway shall specify the width of the highway.
Source: SL 1883, ch 112, § 51; CL 1887, § 1311; RPolC 1903, § 1722; RC 1919, § 8544; SDC 1939, § 28.0315; SL 2018, ch 168, § 2.
31-3-19. County location proceedings--Highways to which applicable.
The provisions of §§ 31-3-23 to 31-3-37, inclusive, apply to all public highways by whatever authority located within any organized county that are not within the limits of any municipality. However, no portion of the state trunk highway system or county highway systems may be vacated, changed, or located except with the approval of and in accordance with an order made by the Department of Transportation.
Source: SDC 1939, § 28.0601; SL 1992, ch 60, § 2; SL 2021, ch 128, § 1.
31-3-20. Municipal boundary highways--County and trunk highway systems.
The provisions of §§ 31-3-23, 31-3-28, 31-3-30, 31-3-33, 31-3-34, 31-3-36, and 31-3-37 do not apply to the highways on the boundary line of any municipality. Section 31-3-23 does not apply to any highway upon the county highway system or the trunk highway system.
Source: SDC 1939, § 28.0602; SL 1951, ch 139, § 1; SL 1985, ch 233, § 9; SL 1992, ch 60, § 2.
31-3-23. Proceedings on short highway without usual number of petitioners--Payment of damages.
If a public highway proposed to be located is not more than one mile in length, the board of county commissioners shall proceed as provided in §§ 31-3-28 to 31-3-37, inclusive. However, the petition for the highway may be by but one or more petitioners and the board of county commissioners shall require the petitioner or petitioners for the highway to pay the damages assessed for the location of the highway.
Source: SL 1913, ch 235; SL 1915, ch 211, § 2; RC 1919, § 8537; SL 1919, ch 333, § 14; SDC 1939, § 28.0602; SL 1951, ch 139, § 1; SL 2021, ch 128, § 2.
31-3-28. Benefits considered in assessing damages.
The benefits to accrue to any owner, occupant, or claimant of land by reason of locating or changing any highway are to be considered by the commissioners or the viewers in the determination and award of damages for the same.
Source: PolC 1877, ch 29, § 40; CL 1887, § 1230; RPolC 1903, § 1635; RC 1919, § 8624; SDC 1939, § 28.0616.
31-3-30. Owner opposed to petition to set forth damages in writing--Determination by county commissioners.
At the meeting of the board of county commissioners at which the report of the committee appointed to examine the highway is presented, any person over whose land the highway passes and who is opposed to the petition shall set forth in writing that he or she is damaged by the location, change, or vacation of the highway and the amount of any damage. The board shall determine from the report and the evidence before the board the amount of damages sustained and whether the damages so assessed are greater than the utility of the proposed highway or change. If the board deems the highway of sufficient advantage to the public to warrant the paying of the damages assessed, the board shall declare the highway located, changed, or vacated and all damages declared assessed shall be paid by the county. However, if the board determines that the damages assessed are greater than the advantages of the proposed location, change, or vacation, the board shall order the petition dismissed.
Source: SL 1883, ch 112, § 59; CL 1887, § 1319; RPolC 1903, § 1730; RC 1919, § 8542; SDC 1939, § 28.0607; SL 2018, ch 168, § 3.
31-3-33. Assessment and payment of damages.
All damages sustained by reason of the locating, changing, or vacating of any highway pursuant to this chapter, shall be assessed and paid by the board having highway jurisdiction thereof or, if there is joint exercise of authority by more than one board, then the damages shall be assessed and paid by those boards in proportion to their joint exercise of authority.
Source: SDC 1939, § 28.0606; SL 1985, ch 233, § 18.
31-3-34. Appeal to circuit court--Time allowed.
Any person who is a resident or landowner of such county or of land lying within ten miles of the boundaries of such county and who feels aggrieved by the final decision of the board in awarding or refusing to award damages in locating, vacating, or changing any public highway under the provisions of this chapter, or, notwithstanding the provisions of § 31-3-14, any person who is a resident or landowner of such county or of land lying within ten miles of the boundaries of such county and who feels aggrieved by the final decision of the board in locating, vacating, or changing any public highway under the provisions of this chapter, may appeal from such decision to the circuit court for the county within thirty days after the date on which the decision of the board has become effective by serving a written notice of appeal describing the decision from which appeal is being taken upon one of the members of the board by one of the methods prescribed in § 15-6-4. The appeal so taken shall be docketed as other causes pending in such court, and the same shall be heard and determined de novo.
Source: SDC 1939, § 28.0608; SL 1985, ch 233, § 19.
31-3-36. Location by consent.
Public highways may be located without the appointment of viewers, provided the written consent of all the owners of the land to be used for that purpose be first filed in the county auditor's office, and if it is shown to the satisfaction of the board of county commissioners that the proposed highway is of sufficient public importance to be opened and worked by the public, it shall make an order locating the same, from which time only shall it be regarded as a public highway.
Source: SL 1883, ch 67, § 1; CL 1887, § 1219; RPolC 1903, § 1624; RC 1919, § 8546; SDC 1939, § 28.0610.
31-3-37. Expenses of survey--Payment by person seeking location of highway.
If a survey of the highway mentioned in § 31-3-36 is necessary, the board of county commissioners before ordering such survey shall require the persons asking for the location of such highway to pay the expenses of such survey.
Source: SL 1883, ch 67, § 2; CL 1887, § 1220; RPolC 1903, § 1625; RC 1919, § 8547; SDC 1939, § 28.0611.
31-3-39. Field notes--Furnishing to board of supervisors of township.
Upon the written request of the board of supervisors of any township, the county auditor shall furnish a copy of the description, field notes, and plat, if any, of each highway running into or through such township, as appears by the description, field notes, and plat on file or of record in his office.
Source: SL 1883, ch 112, § 98; CL 1887, § 1346; RPolC 1903, § 1757; RC 1919, § 8625; SDC 1939, § 28.0617.
31-3-40. Field notes--Recording in township highway record.
Upon the filing of such copy in the township clerk's office, the township clerk shall record the same in the highway record book of the township and such record shall be prima facie evidence of the existence of such highway according to the description and plat so on file.
Source: SL 1883, ch 112, § 99; CL 1887, § 1347; RPolC 1903, § 1758; RC 1919, § 8626; SDC 1939, § 28.0618.
31-3-41. Relocation of highways--Contract of political subdivision with United States--Reimbursement.
The legally constituted authorities of any county, township, or municipality in the State of South Dakota are hereby authorized and empowered to enter into contracts with the United States of America fixing the terms and conditions under which the part of any highway or system of highways under the control, jurisdiction, and supervision of any such county, township, or municipality in this state which it is found necessary to relocate, rearrange, or alter in order to facilitate the construction of the dams and reservoirs, within the State of South Dakota, by the United States government in the development of the Missouri River flood control projects will be made. Provided that any such contract entered into shall provide for reimbursement of any such county, township or municipality by the United States of America for all works performed and materials furnished under said contract by any county, township, or municipality.
Source: SL 1953, ch 156, § 1; SDC Supp 1960, § 28.06A01.
31-3-42. Change in location of highway by political subdivision contracting with the United States.
The legally constituted authorities of any county, township, or municipality, in order to expeditiously carry out the terms of any contract or contracts entered into pursuant to § 31-3-41, are authorized by resolution to make changes in the location of any part of the said highway or system of highways under the control, jurisdiction, and supervision of said authorized authorities in such county, township, or municipality necessary to comply with said contract and also purchase rights-of-way and make surveys for the necessary projects and to let all contracts for the construction of the project necessary to such relocations, rearrangements, or alterations in the same manner as now provided by the laws of this state.
Source: SL 1953, ch 156, § 2; SDC Supp 1960, § 28.06A02.
31-3-43. Notice of proposed change--Publication.
No changes in the location of any highway or part of a highway or system of highways as contemplated, shall be entered into pursuant to § 31-3-41 until notice of the proposed changes of such highways shall have been published in the legal newspaper of the county in which said proposed changes are to be made. Said notice shall be published for two successive weeks, once each week, and not less than ten days prior to the adoption of any such proposed changes and which said notice shall state the time and place when and where any person interested may appear and be heard upon any objections they may wish to assert in opposition to any such proposed changes in relocation or establishing of any highways or parts of highways.
Source: SL 1953, ch 156, § 2; SDC Supp 1960, § 28.06A02.
31-3-44. Highways within extraterritorial area of municipality.
Any resolution and order of the township board of supervisors or the board of county commissioners to vacate, change, or locate a highway within a township or within a county and within the extraterritorial area of a municipality as defined in § 11-6-10 shall be subject to the approval of the governing board of the municipality exercising comprehensive planning and zoning powers within such extraterritorial area.
Source: SL 1984, ch 208, § 1.
31-3-45. Rights of utilities and rural water systems unaffected.
No vacation, change, or relocation of any highway as provided under this chapter, nor any no maintenance designation of a highway as provided under chapter 31-12, diminishes any existing right of use enjoyed by any utility, municipally owned utility, rural water system, or cooperative utility that provides electricity, gas, water, or telephone service.
Source: SL 1985, ch 233, § 21; SL 2018, ch 172, § 4.
31-3-46. Procedures for highway appeals from township board of supervisors.
Upon the filing of a notice of appeal pursuant to § 31-3-14 and unless a petition or motion is filed with circuit court, the question shall be submitted to a vote of the voters at the next regular or special township meeting of the voters. The township clerk shall in the notice of such meeting state that the question of vacating, changing, or locating such highway shall be submitted to a vote of the voters. The result of the vote upon such question shall be spread upon the minutes of the meeting and the decision of the voters upon such question is final. If a two-thirds majority of the votes cast is in favor of vacating, changing, or locating the highway, the highway shall be vacated, changed, or located without further proceedings.
Source: SL 1994, ch 236.
CHAPTER 31-4
STATE TRUNK HIGHWAY SYSTEM
31-4-1 State trunk highway system designated by Legislature--Primary factors to be considered--Limitation on removal from state trunk highway system.
31-4-2 31-4-2. Repealed by SL 2010, ch 145, § 15.
31-4-3 Inclusion of city streets in system.
31-4-4 Relocations, additions, and alterations in system--Purposes.
31-4-5 State maintenance of streets included in state trunk highway system--Snow removal excepted.
31-4-6 Change ceasing to interconnect certain municipalities prohibited.
31-4-7 Hearing on change--Notice, publication, and contents--Right to appear.
31-4-8 Rerouting of trunk highways onto interstate highways.
31-4-9 31-4-9 to 31-4-12. Repealed by SL 2010, ch 145, §§ 19 to 22.
31-4-13 Official map of system--Alterations or additions.
31-4-14 Control and supervision of system by department.
31-4-14.1 Restriction or closing of highway by secretary of transportation and secretary of public safety due to inclement weather.
31-4-14.2 Notice of closure or use restriction.
31-4-14.3 Failure to observe notice of closure or use restriction as misdemeanor--Violators subject to action for civil penalty and cost of rescue.
31-4-14.4 Restriction of use of state trunk highways through highway work zones.
31-4-14.5 Minimum maintenance road designation--Opportunity for public input--Maintenance level required.
31-4-14.6 Signs required on minimum maintenance roads--Travel at driver's risk--Sign as evidence of adequate notice.
31-4-15 31-4-15. Repealed by SL 2010, ch 145, § 24.
31-4-15.1 Fishing, jumping, or diving from bridge prohibited--Violation as misdemeanor.
31-4-15.2 Fishing from bridge--Signs.
31-4-16 31-4-16 to 31-4-129. Repealed by SL 1968, ch 123, § 2; SL 1982, ch 220, § 1; SL 1983, ch 225, §§ 2-4, 6-8, 10, 14, 15, 18, 19, 25-29, 31, 32, 35-39, 42, 45, 49, 51-55; SL 1984, ch 209, § 121; SL 1984, ch 210
31-4-130 State Highway 10 from Pollock to Minnesota.
31-4-131 State Highway 11 from Elk Point to Minnesota.
31-4-132 U.S. Highway 12 from North Dakota to Minnesota.
31-4-133 State Highway 13 from State Highway 34 to U.S. Highway 14.
31-4-134 U.S. Highway 14 from Interstate Highway 90 to Minnesota.
31-4-135 U.S. Highway 14 Alternate from Interstate Highway 90 at Spearfish via Lead-Deadwood to Interstate Highway 90 at Sturgis.
31-4-136 U.S. Highway 14 Bypasses at Pierre and Brookings.
31-4-137 State Highway 15 from State Highway 28 to Interstate Highway 29.
31-4-138 U.S. Highway 16 from Wyoming to Interstate Highway 190.
31-4-139 U.S. Highway 16 Alternate from U.S. Highway 16 at Custer via Keystone to U.S. Highway 16.
31-4-139.1 U.S. Highway 16B from U.S. Highway 16 to Interstate Highway 90.
31-4-140 State Highway 17 from State Highway 44 to 278th Street in Lincoln County.
31-4-141 U.S. Highway 18 from Wyoming to Iowa.
31-4-142 Repealed
31-4-143 State Highway 19 from Nebraska to State Highway 34.
31-4-144 State Highway 19 Alternate from State Highway 46 via Centerville to State Highway 19.
31-4-145 State Highway 20 from Montana to Minnesota.
31-4-146 State Highway 21 from State Highway 28 to U.S. Highway 81.
31-4-147 State Highway 22 from U.S. Highway 212 to Minnesota.
31-4-148 State Highway 25 from State Highway 50 to North Dakota.
31-4-149 State Highway 26 from State Highway 47 to U.S. Highway 281.
31-4-150 State Highway 27 from U.S. Highway 12 to North Dakota.
31-4-151 State Highway 28 from U.S. Highway 281 to Minnesota.
31-4-152 Interstate Highway 29 from Iowa to North Dakota.
31-4-153 Interstate Highway 29 Business Loop from Interstate Highway 29 via Elk Point to Interstate Highway 29.
31-4-154 State Highway 30 from west of Interstate Highway 29 to Minnesota.
31-4-155 State Highway 32 from Interstate Highway 29 to State Highway 13.
31-4-156 State Highway 34 from Wyoming to Minnesota.
31-4-157 State Highway 36 from U.S. Highway 16 Alternate to State Highway 79.
31-4-158 State Highway 37 from the Missouri River to North Dakota.
31-4-159 State Highway 38 from Interstate Highway 90 Business Loop in Mitchell to Marion Road in Sioux Falls.
31-4-160 31-4-160. Repealed by SL 1994, ch 237, § 10
31-4-161 State Highway 40 from U.S. Highway 16 Alternate to Cheyenne River.
31-4-162 State Highway 42 from U.S. Highway 281 to Iowa.
31-4-163 State Highway 43 from Nebraska to U.S. Highway 18.
31-4-164 State Highway 44 from U.S. Highway 385 to Interstate Highway 29.
31-4-165 State Highway 45 from State Highway 44 to North Dakota.
31-4-166 State Highway 46 from U.S. Highway 18 to Iowa.
31-4-167 State Highway 47 from Nebraska to North Dakota.
31-4-168 State Highway 48 from Interstate Highway 29 to Iowa.
31-4-169 State Highway 49 from U.S. Highway 18 to State Highway 47.
31-4-170 State Highway 50 from State Highway 34 to Iowa.
31-4-171 State Highway 52 from State Highway 37 to U.S. Highway 81.
31-4-172 State Highway 53 from south of U.S. Highway 18 to Interstate Highway 90.
31-4-173 State Highway 63 from U.S. Highway 18 to North Dakota.
31-4-174 State Highway 65 from U.S. Highway 212 to North Dakota.
31-4-175 State Highway 71 from Nebraska to U.S. Highway 18 Bypass.
31-4-176 State Highway 73 from Nebraska to North Dakota.
31-4-177 State Highway 75 from State Highway 20 to North Dakota.
31-4-178 State Highway 79 from U.S. Highway 18 to North Dakota.
31-4-179 U.S. Highway 81 from Missouri River to Interstate Highway 29.
31-4-180 U.S. Highway 83 from Nebraska to North Dakota.
31-4-181 U.S. Highway 85 from Wyoming to North Dakota.
31-4-182 State Highway 87 from U.S. Highway 385 to U.S. Highway 16.
31-4-183 State Highway 89 from U.S. Highway 18 to State Highway 87.
31-4-184 Interstate Highway 90 from Wyoming to Minnesota.
31-4-185 Interstate Highway 90 Business Loops at Oacoma, Chamberlain, and Mitchell.
31-4-186 State Highway 101 from State Highway 22 to Gary.
31-4-187 31-4-187. Repealed by SL 1994, ch 237, § 14
31-4-188 31-4-188. Repealed by SL 1998, ch 168, § 2
31-4-189 State Highway 106 from State Highway 25 to State Highway 127.
31-4-190 State Highway 109 from U.S. Highway 12 to State Highway 15.
31-4-191 State Highway 115 from U.S. Highway 18 to Interstate Highway 29.
31-4-192 State Highway 123 from U.S. Highway 12 to State Highway 15.
31-4-193 State Highway 127 from State Highway 10 to North Dakota.
31-4-194 State Highway 130 from U.S. Highway 12 to State Highway 271.
31-4-195 31-4-195. Repealed by SL 2009, ch 145, § 1.
31-4-196 31-4-196. Repealed by SL 2004, ch 191, § 1
31-4-197 31-4-197. Repealed by SL 2010, ch 147, § 1.
31-4-198 State Highway 144 from Akaska to U.S. Highway 83.
31-4-199 State Highway 153 from State Highway 52 to State Highway 50.
31-4-200 State Highway 158 from State Highway 15 to Minnesota.
31-4-201 State Highway 168 from U.S. Highway 85 to State Highway 79.
31-4-202 U.S. Highway 183 from Nebraska to Interstate Highway 90.
31-4-203 Interstate Highway 190 from Rapid City to Interstate Highway 90.
31-4-204 State Highway 203 from State Highway 258 to State Training School.
31-4-205 State Highway 204 from State Highway 1806 to State Highway 1804.
31-4-206 U.S. Highway 212 from Wyoming to Minnesota.
31-4-207 31-4-207. Repealed by SL 1991, ch 231, § 1
31-4-208 State Highway 324 from Interstate Highway 29 to State Highway 13.
31-4-209 State Highway 224 from Alpena to State Highway 37.
31-4-210 Interstate Highway 229 from Interstate Highway 29 to Interstate Highway 90.
31-4-211 31-4-211. Repealed by SL 2006, ch 155, § 4.
31-4-212 31-4-212. Repealed by SL 1994, ch 237, § 5
31-4-213 31-4-213, 31-4-214. Repealed by SL 2006, ch 155, §§ 5, 6.
31-4-214 31-4-214. Repealed by SL 2006, ch 155, § 6.
31-4-215 State Highway 239 from State Highway 10 to Long Lake.
31-4-216 State Highway 240 from Interstate Highway 90 via Badlands National Park to Interstate Highway 90.
31-4-217 State Highway 244 from U.S. Highway 16 to Mount Rushmore National Monument.
31-4-218 31-4-218. Repealed by SL 1985, ch 234
31-4-219 State Highway 247 from U.S. Highway 12 to State Highway 10.
31-4-220 State Highway 248 from State Highway 240 to Interstate Highway 90.
31-4-221 State Highway 249 from State Highway 47 to State Highway 34.
31-4-222 State Highway 251 from Nebraska to U.S. Highway 18.
31-4-223 State Highway 253 from U.S. Highway 12 to State Highway 47.
31-4-224 State Highway 258 from Interstate Highway 90 to U.S. Highway 281.
31-4-225 State Highway 262 from Interstate Highway 90 to State Highway 42.
31-4-226 31-4-226. Repealed by SL 1999, ch 147, § 3
31-4-227 State Highway 271 from U.S. Highway 12 to North Dakota.
31-4-228 State Highway 273 from Interstate Highway 90 to State Highway 1806.
31-4-229 U.S. Highway 281 from Nebraska to North Dakota.
31-4-230 31-4-230. Repealed by SL 1991, ch 231, § 2
31-4-231 31-4-231. Repealed by SL 1998, ch 168, § 3
31-4-232 State Highway 314 from State Highway 50 to Yankton.
31-4-233 31-4-233. Repealed by SL 1995, ch 169, § 2
31-4-234 State Highway 377 from State Highway 44 to Badlands National Park.
31-4-235 U.S. Highway 385 from Nebraska to U.S. Highway 85.
31-4-236 State Highway 391 from Nebraska to U.S. Highway 18.
31-4-237 State Highway 407 from Nebraska to U.S. Highway 18.
31-4-238 31-4-238, 31-4-239. Repealed by SL 1998, ch 168, §§ 4, 5
31-4-240 31-4-240. Repealed by SL 2005, ch 150, § 4.
31-4-241 31-4-241. Repealed by SL 1994, ch 237, § 6
31-4-242 31-4-242. Repealed by SL 1990, ch 225, § 4
31-4-243 State Highway 445 from State Highway 79 to Interstate Highway 90.
31-4-244 State Highway 471 from State Highway 71 to U.S. Highway 18.
31-4-245 State Highway 473 from U.S. Highway 14 Alternate to Stewart Slope Road.
31-4-246 State Highway 1804.
31-4-247 State Highway 1806.
31-4-1. State trunk highway system designated by Legislature--Primary factors to be considered--Limitation on removal from state trunk highway system.
The state trunk highway system shall be as designated by the Legislature in statute. In designating the state trunk highway system, the Legislature shall consider, but not be limited to, the following primary factors:
(1) Highways which are functionally classified as arterials as approved by the Federal Highway Administration and which provide farm to market access;
(2) Highways providing service to a state or federal recreational access area;
(3) The proximity of other state trunk highways and highways providing duplicating or similar service;
(4) The cost of construction, maintenance, right-of-way, and the extent of needs on the state system;
(5) The traffic volumes and other traffic survey data; and
(6) The desirability of providing an integrated system to serve interstate travel, county seats, and cities of four hundred fifty population or greater.
An existing highway segment may not be removed from the state trunk highway system unless an agreement for transfer of maintenance responsibility has been executed by the Department of Transportation and the local government unit to which the title and maintenance responsibility would be transferred.
Source: SDC 1939, § 28.0209; SL 1939, ch 107, § 1; SL 1953, ch 139; SL 1999, ch 148, § 1.
31-4-3. Inclusion of city streets in system.
The Department of Transportation may at its discretion extend the state trunk highway system to include any street or streets within the limits of any first or second class municipality if necessary to make a continuous route for any state trunk highway through the municipality.
Source: SDC 1939, § 28.0209 as added by SL 1939, ch 107, § 1; SL 1953, ch 139.
31-4-4. Relocations, additions, and alterations in system--Purposes.
No change may be made in the state trunk highway system, except that the transportation commission may make relocations, additions, and alterations in portions of the system it considers necessary for the purpose of bringing into and connecting the system with all presently unconnected first and second class municipalities having a population of more than four hundred fifty according to the last federal census and for shortening the system distances between the interconnected county seats and connected municipalities of four hundred fifty or more population. The commission may also make relocations, additions, and alterations which make continuous the route of any state trunk highway through any municipality of over twenty-five hundred population or to improve the highway grade, or to eliminate a railroad crossing or crossings, or to avoid heavy city street traffic, or to construct a bypass around or alternate route through a municipality, with the consent of the governing body of such municipality affected and with a limitation of a maximum of five miles in length on each addition.
Source: SL 1919, ch 333, § 46; SL 1923, ch 284, § 3; SDC 1939, § 28.0210; SL 1939, ch 107, § 2; SL 1957, ch 123; SL 1964, ch 94; SL 1968, ch 124; SL 1984, ch 209, § 1.
31-4-5. State maintenance of streets included in state trunk highway system--Snow removal excepted.
If any state trunk highway includes a connecting street within a municipality over twenty-five hundred population, the Department of Transportation shall maintain the street. However, the snow removal from the street is the duty of the first or second class municipality within whose boundaries the street lies.
Source: SDC 1939, § 28.0210 as added by SL 1939, ch 107, § 2; SL 1957, ch 123; SL 1964, ch 94; SL 1968, ch 124; SL 2010, ch 145, § 16.
31-4-6. Change ceasing to interconnect certain municipalities prohibited.
No change may be made so that the state trunk highway system ceases to interconnect every county seat or to connect every first or second class municipality having a population of twenty-five hundred or more by the last federal census.
Source: SDC 1939, § 28.0210 as added by SL 1939, ch 107, § 2; SL 1957, ch 123; SL 1964, ch 94; SL 1968, ch 124; SL 2010, ch 145, § 17.
31-4-7. Hearing on change--Notice, publication, and contents--Right to appear.
Before any change is made in the state trunk highway system, the Transportation Commission shall fix a time and place for hearing, and give notice of the hearing in all legal weekly newspapers in each of the counties in which any part or portion of the change, addition, relocation, or alteration of the trunk highway system is proposed, for two successive weeks. The last publication shall be at least ten days prior to the date set for hearing. The notice shall state the proposed change, addition, relocation, or alteration of the trunk highway system, and the time and place of the hearing. Any person interested may appear at the hearing for or in opposition to the proposed change, addition, relocation, or alteration.
Source: SL 1923, ch 284, § 3; SDC 1939, § 28.0210; SL 1939, ch 107, § 2; SL 1957, ch 123; SL 1964, ch 94; SL 1968, ch 124; SL 1984, ch 209, § 2.
31-4-8. Rerouting of trunk highways onto interstate highways.
The department may reroute portions of the state trunk highway system onto the national system of interstate highways. The department may delete portions of the state trunk highway system if they have been rerouted onto the national system of interstate highways if feasible and in the best interest of the State of South Dakota.
Source: SL 1963, ch 192; SL 2010, ch 145, § 18.
31-4-13. Official map of system--Alterations or additions.
The Department of Transportation shall prepare and maintain in its offices at Pierre an official map of the State of South Dakota showing the exact location of the state trunk highway system as created in this chapter. Any alteration or addition to the system shall be entered upon the map.
Source: SL 1919, ch 333, § 46; SL 1923, ch 284, § 3; SDC 1939, §§ 28.0209, 28.0210; SL 1939, ch 107, § 2; SL 1949, ch 113, § 2; SL 1953, ch 139; SL 1957, ch 123; SDC Supp 1960, § 28.0209-1; SL 1964, ch 94; SL 1968, ch 124; SL 2009, ch 144, § 1.
31-4-14. Control and supervision of system by department.
All marking, surveying, construction, repairing, and maintenance of the state trunk highway system is under the control and supervision of the department. The department shall administer the laws relative thereto.
Source: SL 1919, ch 333, § 51; SDC 1939, § 28.0211; SL 1957, ch 124; SL 1965, ch 132; SL 2010, ch 145, § 23.
31-4-14.1. Restriction or closing of highway by secretary of transportation and secretary of public safety due to inclement weather.
The secretary of transportation and the secretary of public safety may restrict the use of any state trunk highway if they agree the restriction of use or closing is necessary for the protection and safety of the public due to inclement weather.
Source: SL 1980, ch 208, § 1; SL 2006, ch 154, § 1.
31-4-14.2. Notice of closure or use restriction.
Notice to the public that a state trunk highway is closed or its use is restricted shall be given in one or more of the following forms:
(1) Erection of suitable barriers upon the highway to restrict or prohibit travel;
(2) Issue warning and notice of the condition of the highway for travel in generally available media outlets;
(3) Post signs for direction of traffic upon the highway relative to use or nonuse of the highway;
(4) Place warning devices on the highway; or
(5) Place flagmen to warn, detour, or direct traffic on the highway.
Source: SL 1980, ch 208, § 2; SL 1996, ch 188, § 2; SL 2010, ch 146, § 1.
31-4-14.3. Failure to observe notice of closure or use restriction as misdemeanor--Violators subject to action for civil penalty and cost of rescue.
Any person who fails to observe any sign, marker, warning, notice or direction, or barrier placed or given under § 31-4-14.2 is guilty of a Class 2 misdemeanor. Any unauthorized presence on a closed highway is evidence of a violation of this section. If, as a result of a knowing violation of this section for failure to observe a notice provided pursuant to § 31-4-14.2, any agency of the State of South Dakota or any governmental subdivision incurs any costs for the purpose of rescuing the violator, any passengers, or the vehicle operated by the violator, the violator is subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of up to one thousand dollars and the actual cost of any such rescue, in an amount not to exceed ten thousand dollars.
Source: SL 1980, ch 208, § 3; SL 1997, ch 175, § 1; SL 2010, ch 146, § 2.
31-4-14.4. Restriction of use of state trunk highways through highway work zones.
The secretary of the Department of Transportation, after consultation with the secretary of the Department of Public Safety, may restrict the use of any state trunk highway through a highway work zone by any vehicle or class of vehicle, if the restriction is necessary for the protection and safety of highway workers and the traveling public. Notice to the public of the restriction shall be given as provided in § 31-4-14.2. Any person who fails to observe any sign, marker, warning, notice or direction, or barrier erected pursuant to this section shall be given a warning by the highway patrol or local law enforcement officer. The warning shall direct the person driving the vehicle how to proceed out of and around the highway work zone. Any person who fails to comply with the warning is guilty of a Class 2 misdemeanor. No other penalty may be assessed for a violation of this section.
Source: SL 1996, ch 188, § 1; SL 2004, ch 17, § 37.
31-4-14.5. Minimum maintenance road designation--Opportunity for public input--Maintenance level required.
The Transportation Commission may designate, by rules promulgated pursuant to chapter 1-26, a segment of the state trunk highway system as a minimum maintenance road if the commission determines that the segment is used only occasionally or intermittently for passenger or commercial travel. The commission shall publish a list of the state highway segments proposed to be designated as minimum maintenance segments each year and provide an opportunity for public input pursuant to chapter 1-26 before making the final designations. The commission shall identify the beginning and end points of the segment designated as minimum maintenance. A minimum maintenance segment may be maintained at a level less than the minimum standards for full maintenance roads, but shall be maintained at the level required to serve the occasional or intermittent traffic.
Source: SL 1999, ch 148, § 2.
31-4-14.6. Signs required on minimum maintenance roads--Travel at driver's risk--Sign as evidence of adequate notice.
The Department of Transportation shall post signs on a minimum maintenance segment of road to notify motor vehicle drivers that it is a minimum maintenance segment and that travel on the road is at the driver's own risk. The signs shall be posted at the entry points to and at regular intervals along a minimum maintenance segment. A properly posted sign is prima facie evidence that adequate notice of a minimum maintenance has been given to the motor vehicle driver.
Source: SL 1999, ch 148, § 3.
31-4-15.1. Fishing, jumping, or diving from bridge prohibited--Violation as misdemeanor.
No person may fish, jump, or dive from a bridge on the state trunk highway system except as provided in § 31-4-15.2. A violation of this section is a Class 2 misdemeanor.
Source: SL 1987, ch. 210, § 40.
31-4-15.2. Fishing from bridge--Signs.
The Transportation Commission may by rules promulgated pursuant to chapter 1-26 allow persons to fish from a bridge on the state trunk highway system. If such a rule is promulgated the bridge shall be signed to indicate that fishing is allowed from the bridge.
Source: SL 1987, ch 210, § 41.
31-4-130. State Highway 10 from Pollock to Minnesota.
The state trunk highway system includes the following in Campbell, McPherson, Brown, Marshall, and Roberts counties:
(1) From a point on State Highway 1804 near the north line of section twenty-one, township one hundred twenty-eight north, range seventy-eight west, thence northeast via Pollock and east to U.S. Highway 83 north of Herreid near the northeast corner of section eighteen, township one hundred twenty-eight north, range seventy-six west;
(2) From a point on U.S. Highway 83 north of Mound City near the northwest corner of section five, township one hundred twenty-six north, range seventy-six west, thence easterly via Eureka and Leola to U.S. Highway 281 north of Aberdeen near the northeast corner of section twenty-two, township one hundred twenty-six north, range sixty-four west;
(3) From a point on U.S. Highway 281 north of Aberdeen near the northwest corner of section two, township one hundred twenty-six north, range sixty-four west, thence easterly via Britton, Lake City, and Sisseton to the Minnesota state line on the east line of section thirteen, township one hundred twenty-five north, range fifty west.
Source: SL 1984, ch 209, § 3.
31-4-131. State Highway 11 from Elk Point to Minnesota.
The state trunk highway system includes the following in Union, Lincoln, and Minnehaha counties:
(1) From a point on Franklin Street near Elk Point near Interstate Highway 29 Business Loop, thence northerly via Elk Point to State Highway 50 north of Elk Point;
(2) From a point on State Highway 48 south of Alcester, thence northerly via Alcester to 57th Street in Sioux Falls;
(3) From a point on State Highway 42 east of Sioux Falls, thence northerly and easterly via Brandon and Garretson to the Minnesota state line.
Source: SL 1984, ch 209, § 4; SL 1994, ch 237, § 8; SL 2021, ch 123, § 1.
31-4-132. U.S. Highway 12 from North Dakota to Minnesota.
The state trunk highway system includes the following in Perkins, Corson, Walworth, Edmunds, Brown, Day, Roberts, and Grant counties:
From the North Dakota state line on the north line of section twenty-one, township twenty-three north, range fourteen east, thence easterly via Lemmon, Morristown, McIntosh, McLaughlin, Mobridge, Selby, Bowdle, Roscoe, Ipswich, Aberdeen, Groton, Bristol, Webster, Waubay, Milbank, and Big Stone City to the Minnesota state line near the east quarter corner of section seventeen, township one hundred twenty-one north, range forty-six west.
Source: SL 1984, ch 209, § 5.
31-4-133. State Highway 13 from State Highway 34 to U.S. Highway 14.
The state trunk highway system includes the following in Moody and Brookings counties:
From a point on State Highway 34 south of Flandreau near the southwest corner of section three, township one hundred six north, range forty-eight west, thence northerly via Flandreau and Elkton to U.S. Highway 14 north of Elkton near the northeast corner of section eight, township one hundred nine north, range forty-seven west.
Source: SL 1984, ch 209, § 6.
31-4-134. U.S. Highway 14 from Interstate Highway 90 to Minnesota.
The state trunk highway system includes the following in Pennington, Jackson, Haakon, Stanley, Hughes, Hyde, Hand, Beadle, Kingsbury, and Brookings counties:
From a point on Interstate Highway 90 east of Wall near the center of section four, township one south, range sixteen east, thence easterly via Quinn, Cottonwood, Philip, Midland, Fort Pierre, Pierre, Blunt, Miller, St. Lawrence, Wessington, Wolsey, Huron, Cavour, Iroquois, DeSmet, Lake Preston, Arlington, Volga, and Brookings to the Minnesota state line near the southeast corner of section five, township one hundred nine north, range forty-seven west.
Source: SL 1984, ch 209, § 7.
31-4-135. U.S. Highway 14 Alternate from Interstate Highway 90 at Spearfish via Lead-Deadwood to Interstate Highway 90 at Sturgis.
The state trunk highway system includes the following in Lawrence and Meade counties:
From a point on Interstate Highway 90 in the southeast quarter of section thirteen, township six north, range two east, thence southerly and northeasterly via Spearfish, Spearfish Canyon, Lead, Deadwood, and Sturgis to Interstate Highway 90 near the southeast corner of section five, township five north, range five east.
Source: SL 1984, ch 209, § 8.
31-4-136. U.S. Highway 14 Bypasses at Pierre and Brookings.
The state trunk highway system includes the following in Hughes and Brookings counties:
(1) From a point on U.S. Highway 14 easterly to State Highway 34, thence north via Pierre to U.S. Highway 14;
(2) From a point on U.S. Highway 14 west of Brookings, thence easterly via Brookings to U.S. Highway 14 east of Brookings.
Source: SL 1984, ch 209, § 9; SL 2005, ch 150, § 1.
31-4-137. State Highway 15 from State Highway 28 to Interstate Highway 29.
The state trunk highway system includes the following in Deuel, Grant, and Roberts counties:
(1) From a point on State Highway 28 west of Toronto near the southwest corner of section twenty-three, township one hundred thirteen north, range forty-nine west, thence north via Clear Lake and Altamont to U.S. Highway 212 north of Altamont near the southeast corner of section thirty-four, township one hundred seventeen north, range forty-nine west;
(2) From a point on U.S. Highway 212 south of Milbank near the southwest corner of section eighteen, township one hundred seventeen north, range forty-eight west, thence north to State Highway 20 south of Milbank near the southwest corner of section nineteen, township one hundred eighteen north, range forty-eight west;
(3) From a point on State Highway 20 south of Milbank near the southwest corner of section eighteen, township one hundred nineteen north, range forty-eight west, thence north and west via Milbank to Interstate Highway 29 near the west line of section twenty-six, township one hundred twenty-three north, range fifty-one west.
Source: SL 1984, ch 209, § 10.
31-4-138. U.S. Highway 16 from Wyoming to Interstate Highway 190.
The state trunk highway system includes the following in Custer and Pennington counties:
From a point on the Wyoming state line on the west line of section thirty, township three south, range one east, thence easterly and northeasterly via Custer and Hill City to the intersection of 8th Street and Omaha Street in Rapid City, thence westerly to Interstate Highway 190 at the intersection of West Boulevard and Omaha Street.
Source: SL 1984, ch 209, § 11.
31-4-139. U.S. Highway 16 Alternate from U.S. Highway 16 at Custer via Keystone to U.S. Highway 16.
The state trunk highway system includes the following in Custer and Pennington counties:
From a point on U.S. Highway 16 in Custer near the northeast corner of section twenty-six, township three south, range four east, thence easterly and northerly via Custer and Keystone to U.S. Highway 16 north of Keystone on the north line of section thirty-one, township one south, range six east.
Source: SL 1984, ch 209, § 12.
31-4-139.1. U.S. Highway 16B from U.S. Highway 16 to Interstate Highway 90.
The state trunk highway system includes the following in Pennington County:
From a point on U.S. Highway 16 near the east-west quarter line of section twenty-six, township one north, range seven east, thence east and northerly to a point on Interstate Highway 90.
Source: SL 1988, ch 232; SL 1994, ch 237, § 1.
31-4-140. State Highway 17 from State Highway 44 to 278th Street in Lincoln County.
The state trunk highway system includes the following in Lincoln County:
From a point on State Highway 44 at Lennox near the southwest corner of section thirty-three, township ninety-nine north, range fifty-one west, thence north via Lennox to a point fifty feet south of the centerline of 278th Street at its intersection with State Highway 17.
Source: SL 1984, ch 209, § 13; SL 1994, ch 237, § 15; SL 2016, ch 151, § 1; SL 2018, ch 171, § 1.
31-4-141. U.S. Highway 18 from Wyoming to Iowa.
The state trunk highway system includes the following in Fall River, Oglala Lakota, Bennett, Todd, Tripp, Gregory, Charles Mix, Douglas, Hutchinson, Turner, and Lincoln counties:
(1) From a point on the Wyoming state line near the northwest corner of section six, township nine south, range one east, thence easterly via Edgemont, Hot Springs, Martin, Mission, Winner, Colome, Gregory, Burke, Bonesteel, Lake Andes, Ravinia, Olivet, Menno, and Davis to Interstate Highway 29 southwest of Canton near the north line of section six, township ninety-seven north, range fifty west;
(2) From a point on Interstate Highway 29 west of Canton near the north line of section nineteen, township ninety-eight north, range fifty west, thence east via Canton to the Iowa state line east of Canton in the southwest quarter of section sixteen, township ninety-eight north, range forty-eight west.
Source: SL 1984, ch 209, § 14; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
31-4-143. State Highway 19 from Nebraska to State Highway 34.
The state trunk highway system includes the following in Clay, Turner, Minnehaha, and Lake counties:
(1) From a point on the Nebraska state line south of Vermillion, thence northerly via Vermillion to State Highway 46 south of Centerville;
(2) From a point on State Highway 46 east of Irene, thence north via Viborg, Parker, and Humboldt to State Highway 34 southeast of Madison.
Source: SL 1984, ch 209, § 16; SL 2002, ch 141, § 1.
31-4-144. State Highway 19 Alternate from State Highway 46 via Centerville to State Highway 19.
The state trunk highway system includes the following in Turner County:
From a point on State Highway 46 south of Centerville near the southwest corner of section thirty-five, township ninety-six north, range fifty-two west, thence north and west via Centerville to State Highway 19 west of Centerville near the southwest corner of section twenty-three, township ninety-six north, range fifty-three west.
Source: SL 1984, ch 209, § 17.
31-4-145. State Highway 20 from Montana to Minnesota.
The state trunk highway system includes the following in Harding, Perkins, Ziebach, Dewey, Corson, Walworth, Potter, Faulk, Spink, Clark, Codington, and Grant counties:
(1) From a point on the Montana state line southwest of Camp Crook in section seven, township eighteen north, range one east, thence easterly via Camp Crook and Buffalo to U.S. Highway 85 near the east line of section thirty, township nineteen north, range five east;
(2) From a point on U.S. Highway 85 south of Buffalo near the southeast corner of section thirty-one, township nineteen north, range five east, thence easterly via Bison and Timber Lake to U.S. Highway 12 in the southwest quarter of section thirty-three, township nineteen north, range twenty-nine east;
(3) From a point on U.S. Highway 83 south of Selby near the northwest corner of section six, township one hundred twenty north, range seventy-six west, thence east to State Highway 47 west of Hoven near the north line of section five, township one hundred twenty north, range seventy-four west;
(4) From a point on State Highway 47 south of Hoven near the northwest corner of section twenty-one, township one hundred twenty north, range seventy-four west, thence easterly via Onaka to State Highway 45 near the northeast corner of section twenty-eight, township one hundred twenty north, range sixty-eight west;
(5) From a point on State Highway 45 northeast of Faulkton near the northwest corner of section three, township one hundred nineteen north, range sixty-eight west, thence easterly via Florence and Watertown to U.S. Highway 212 near the southeast corner of section thirty-six, township one hundred seventeen north, range fifty-three west;
(6) From a point west of Interstate Highway 29 north of Watertown near the northwest corner of section seven, township one hundred nineteen north, range fifty-one west, thence east, south and east via South Shore to the Minnesota state line east of the northeast corner of section twenty-eight, township one hundred eighteen north, range forty-seven west.
Source: SL 1984, ch 209, § 18.
31-4-146. State Highway 21 from State Highway 28 to U.S. Highway 81.
The state trunk highway system includes the following in Hamlin County:
From a point on State Highway 28 at Lake Norden near the south line of section seventeen, township one hundred thirteen north, range fifty-three west, thence northerly and east via Hayti to U.S. Highway 81 east of Hayti near the northeast corner of section twenty-five, township one hundred fourteen north, range fifty-three west.
Source: SL 1984, ch 209, § 19.
31-4-147. State Highway 22 from U.S. Highway 212 to Minnesota.
The state trunk highway system includes the following in Hamlin and Deuel counties:
(1) From Hazel to U.S. Highway 81 south of Watertown near the northeast corner of section nineteen, township one hundred fifteen north, range fifty-two west;
(2) From a point on U.S. Highway 81 south of Watertown near the northwest corner of section thirty-two, township one hundred fifteen north, range fifty-two west, thence easterly to the Minnesota state line east of the southwest corner of section thirty-three, township one hundred fifteen north, range forty-seven west.
Source: SL 1984, ch 209, § 20; SL 1992, ch 202, § 1.
31-4-148. State Highway 25 from State Highway 50 to North Dakota.
The state trunk highway system includes the following in Bon Homme, Hutchinson, Hanson, Miner, Kingsbury, Clark, Day, Marshall, and Roberts counties:
(1) From a point on State Highway 50 east of Tyndall thence north via Scotland to U.S. Highway 18;
(2) From a point on State Highway 262 thence northerly to State Highway 34 east of Roswell;
(3) From a point on State Highway 34 west of Howard thence north via DeSmet to State Highway 28 southeast of Willow Lake;
(4) From a point on State Highway 28 east of Willow Lake thence north to U.S. Highway 212 east of Clark;
(5) From a point on U.S. Highway 212 west of Henry thence northerly via Webster to State Highway 10;
(6) From a point on State Highway 10 east of Lake City thence northeasterly via Veblen to the North Dakota state line.
Source: SL 1984, ch 209, § 21; SL 1986, ch 236, § 2; SL 1992, ch 202, § 2; SL 2008, ch 145, § 1.
31-4-149. State Highway 26 from State Highway 47 to U.S. Highway 281.
The state trunk highway system includes the following in Sully, Hyde, Hand, and Spink counties:
(1) From a point on State Highway 47 north of Highmore near the northwest corner of section thirteen, township one hundred fifteen north, range seventy-two west, thence east to State Highway 45 north of Miller near the northeast corner of section fifteen, township one hundred fifteen north, range sixty-eight west;
(2) From a point on State Highway 45 north of Miller near the northwest corner of section twenty-three, township one hundred fifteen north, range sixty-eight west, thence easterly to U.S. Highway 281 south of Redfield near the northeast corner of section thirty-three, township one hundred sixteen north, range sixty-four west.
Source: SL 1984, ch 209, § 22; SL 1989, ch 250, § 1.
31-4-150. State Highway 27 from U.S. Highway 12 to North Dakota.
The state trunk highway system includes the following in Day and Marshall counties:
(1) From a point on U.S. Highway 12 southeast of Andover near the southeast corner of section eighteen, township one hundred twenty-two north, range fifty-eight west, thence northerly via Langford and Britton to State Highway 10 near the northeast corner of section twenty-six, township one hundred twenty-seven north, range fifty-eight west;
(2) From a point on State Highway 10 east of Britton near the southeast corner of section twenty-three, township one hundred twenty-seven north, range fifty-seven west, thence north to the North Dakota state line near the northeast corner of section two, township one hundred twenty-eight north, range fifty-seven west.
Source: SL 1984, ch 209, § 23.
31-4-151. State Highway 28 from U.S. Highway 281 to Minnesota.
The state trunk highway system includes the following in Spink, Clark, Hamlin, and Deuel counties:
(1) From a point on U.S. Highway 281 south of Redfield near the southwest corner of section thirty-five, township one hundred fourteen north, range sixty-four west, thence easterly via Willow Lake and Bryant to U.S. Highway 81 south of Watertown near the southeast corner of section thirteen, township one hundred thirteen north, range fifty-three west;
(2) From a point on U.S. Highway 81 south of Watertown near the northwest corner of section eighteen, township one hundred thirteen north, range fifty-two west, thence easterly via Estelline and Toronto to the Minnesota state line east of the northeast corner of section twenty-eight, township one hundred thirteen north, range forty-seven west.
Source: SL 1984, ch 209, § 24.
31-4-152. Interstate Highway 29 from Iowa to North Dakota.
The state trunk highway system includes the following in Union, Lincoln, Minnehaha, Moody, Brookings, Deuel, Hamlin, Codington, Grant, and Roberts counties:
From a point on the Iowa state line near the center of section twenty-six, township eighty-nine north, range forty-eight west, thence northerly via North Sioux City, Sioux Falls, Brookings, and Watertown to the North Dakota state line on the north line of section thirty, township one hundred twenty-nine north, range forty-nine west.
Source: SL 1984, ch 209, § 25.
31-4-153. Interstate Highway 29 Business Loop from Interstate Highway 29 via Elk Point to Interstate Highway 29.
The state trunk highway system includes the following in Union county:
From a point on Interstate Highway 29 southeast of Elk Point north of the southwest corner of section twenty-nine, township ninety-one north, range forty-nine west, thence northwesterly via Elk Point to Interstate Highway 29 on the south line of section thirteen, township ninety-one north, range fifty west.
Source: SL 1984, ch 209, § 26.
31-4-154. State Highway 30 from west of Interstate Highway 29 to Minnesota.
The state trunk highway system includes the following in Brookings county:
From a point west of Interstate Highway 29 near the southwest corner of section twelve, township one hundred eleven north, range fifty west, thence easterly to the Minnesota state line near the south quarter corner of section three, township one hundred eleven north, range forty-seven west.
Source: SL 1984, ch 209, § 27.
31-4-155. State Highway 32 from Interstate Highway 29 to State Highway 13.
The state trunk highway system includes the following in Moody County:
From a point on Interstate Highway 29 near the north line of section thirty, township one hundred seven north, range forty-nine west, thence east via Flandreau to State Highway 13 near the east line of section twenty-eight, township one hundred seven north, range forty-eight west.
Source: SL 1984, ch 209, § 28.
31-4-156. State Highway 34 from Wyoming to Minnesota.
The state trunk highway system includes the following in Butte, Lawrence, Meade, Ziebach, Haakon, Stanley, Hughes, Hyde, Buffalo, Jerauld, Sanborn, Miner, Lake, and Moody counties:
(1) From a point on the Wyoming state line southeasterly to Interstate Highway 90;
(2) From a point on Interstate Highway 90 easterly via Sturgis to U.S. Highway 14;
(3) From a point on U.S. Highway 14B in Pierre, thence easterly via Pierre, Wessington Springs, Lane, Woonsocket, Artesian, Roswell, Vilas and Howard to U.S. Highway 81;
(4) From a point on U.S. Highway 81 at Madison easterly via Madison, Colman, and Egan to the Minnesota state line.
Source: SL 1984, ch 209, § 29; SL 2005, ch 150, § 2.
31-4-157. State Highway 36 from U.S. Highway 16 Alternate to State Highway 79.
The state trunk highway system includes the following in Custer County:
From a point on U.S. Highway 16 Alternate east of Custer near the east quarter corner of section twenty-four, township three south, range six east, northeasterly to State Highway 79 south of Hermosa near the southeast corner of section thirty-one, township two south, range eight east.
Source: SL 1984, ch 209, § 30.
31-4-158. State Highway 37 from the Missouri River to North Dakota.
The state trunk highway system includes the following in Bon Homme, Hutchinson, Davison, Sanborn, Beadle, Spink, and Brown counties:
(1) From a point southwest of Springfield in section nineteen, township ninety-two north, range sixty west, thence northeasterly to State Highway 50 west of Tyndall south of the northwest corner of section one, township ninety-four north, range sixty west;
(2) From a point on State Highway 50 east of Avon near the southwest corner of section thirty-two, township ninety-five north, range sixty west, thence northerly via Mitchell to State Highway 34 north of Mitchell near the northeast corner of section nine, township one hundred six north, range sixty west;
(3) From a point on State Highway 34 east of Woonsocket near the southwest corner of section nineteen, township one hundred seven north, range sixty-one west, thence northerly via Huron to U.S. Highway 212 east of Redfield east of the northwest corner of section six, township one hundred sixteen north, range sixty-one west;
(4) From a point on U.S. Highway 212 south of Doland near the southwest corner of section thirty-six, township one hundred seventeen north, range sixty-one west, thence north via Doland to State Highway 20 north of Doland near the northeast corner of section twenty-four, township one hundred nineteen north, range sixty-one west;
(5) From a point on State Highway 20 at Conde near the southeast corner of section thirty-six, township one hundred twenty north, range sixty-one west, thence north via Conde and Groton to State Highway 10 west of Britton near the northeast corner of section twenty-five, township one hundred twenty-seven north, range sixty-one west;
(6) From a point on State Highway 10 west of Britton near the southwest corner of section twenty-three, township one hundred twenty-seven north, range sixty-one west, thence north to the North Dakota state line near the north quarter corner of section three, township one hundred twenty-eight north, range sixty-one west.
Source: SL 1984, ch 209, § 31; SL 2001, ch 157, § 1.
31-4-159. State Highway 38 from Interstate Highway 90 Business Loop in Mitchell to Marion Road in Sioux Falls.
The state trunk highway system includes the following in Davison, Hanson, McCook, and Minnehaha counties.
From a point on Interstate Highway 90 Business Loop in Mitchell, thence easterly via Mitchell, Salem, Montrose, Humboldt, and Hartford to a point on Marion Road in Sioux Falls.
Source: SL 1984, ch 209, § 32; SL 1992, ch 202, § 3; SL 1994, ch 237, § 9; SL 1999, ch 147, § 1; SL 2006, ch 155, § 1.
31-4-161. State Highway 40 from U.S. Highway 16 Alternate to Cheyenne River.
The state trunk highway system includes the following in Pennington and Custer counties:
(1) From a point on U.S. Highway 16 Alternate in Keystone in section eight, township two south, range six east, thence southeasterly via Keystone to State Highway 79 south of the northeast corner of section thirty-one, township two south, range eight east;
(2) From a point on State Highway 79 near the northeast corner of section thirty-one, township two south, range eight east, thence southeasterly to the south end of the Cheyenne River Bridge in section twenty-five, township four south, range ten east.
Source: SL 1984, ch 209, § 34.
31-4-162. State Highway 42 from U.S. Highway 281 to Iowa.
The state trunk highway system includes the following in Aurora, Davison, Hanson, McCook, and Minnehaha counties:
(1) From a point on U.S. Highway 281 south of Stickney, thence east to the Davison County line;
(2) From a point on State Highway 37 south of Mitchell, thence east via Ethan and Bridgewater to a point on Ellis Road west of Sioux Falls;
(3) From a point on Six Mile Road east of Sioux Falls to the Iowa state line.
Source: SL 1984, ch 209, § 35; SL 1994, ch 237, § 11; SL 2006, ch 155, § 2.
31-4-163. State Highway 43 from Nebraska to U.S. Highway 18.
The state trunk highway system includes the following in Gregory County:
From a point on the Nebraska state line near the southeast corner of section thirty-three, township ninety-five north, range sixty-eight west, thence northwesterly to near the northwest corner of section thirty-three, township ninety-five north, range sixty-eight west.
Source: SL 1984, ch 209, § 36.
31-4-164. State Highway 44 from U.S. Highway 385 to Interstate Highway 29.
The state trunk highway system includes the following in Pennington, Jackson, Mellette, Tripp, Gregory, Charles Mix, Douglas, Hutchinson, Turner, and Lincoln counties:
(1) From a point on U.S. Highway 385 west of Rapid City near the southeast corner of section twenty-eight, township two north, range five east, thence easterly via Rapid City to Interstate Highway 190 at the intersection of West Boulevard and Omaha Street;
(2) From a point on U.S. Highway 16 at the intersection of 8th street and Omaha Street in Rapid City easterly via Rapid City and Interior to U.S. Highway 83 at White River near the northeast corner of section three, township forty-one north, range twenty-nine west;
(3) From a point on U.S. Highway 83 south of White River in the northeast quarter of section fourteen, township forty-one north, range twenty-nine west, thence easterly via Wood to U.S. Highway 183 south of Presho near the southeast corner of section twenty-six, township one hundred north, range seventy-eight west;
(4) From a point on U.S. Highway 18 in Winner near the southwest corner of section twenty-one, township ninety-nine north, range seventy-six west, thence east via Winner and Platte to U.S. Highway 281 northwest of Armour near the southeast corner of section sixteen, township ninety-nine north, range sixty-four west;
(5) From a point on U.S. Highway 281 north of Armour near the northwest corner of section nineteen, township ninety-nine north, range sixty-three west, thence easterly via Parker, and Chancellor to Interstate Highway 29.
Source: SL 1984, ch 209, § 37; SL 1994, ch 237, § 16.
31-4-165. State Highway 45 from State Highway 44 to North Dakota.
The state trunk highway system includes the following in Charles Mix, Brule, Buffalo, Hand, Faulk, Edmunds, and McPherson counties:
(1) From a point on State Highway 44 in Platte near the southwest corner of section thirteen, township ninety-nine north, range sixty-eight west, thence north via Platte to Interstate Highway 90 on the west line of section ten, township one hundred three north, range sixty-seven west;
(2) From a point on Interstate Highway 90 in the southeast quarter of section ten, township one hundred three north, range sixty-eight west, thence north via Kimball and Miller to U.S. Highway 14 in Miller in the southeast quarter of section ten, township one hundred twelve north, range sixty-eight west;
(3) From a point on U.S. Highway 14 north of Miller west of the southeast corner of section three, township one hundred twelve north, range sixty-eight west, thence north to U.S. Highway 212 near the northwest corner of section two, township one hundred sixteen north, range sixty-eight west;
(4) From a point on U.S. Highway 212 east of Faulkton near the west quarter corner of section fifteen, township one hundred eighteen north, range sixty-eight west, thence north via Ipswich to U.S. Highway 12 near the northeast corner of section twenty-eight, township one hundred twenty-three north, range sixty-eight west;
(5) From a point on U.S. Highway 12 east of Ipswich near the southeast corner of section twenty, township one hundred twenty-three north, range sixty-seven west, thence north via Leola to State Highway 10 near the northeast corner of section twenty, township one hundred twenty-six north, range sixty-seven west;
(6) From a point on State Highway 10 east of Eureka near the southwest corner of section thirty-six, township one hundred twenty-seven north, range seventy-one west, thence north to the North Dakota state line near the northeast corner of section two, township one hundred twenty-eight north, range seventy-one west.
Source: SL 1984, ch 209, § 38.
31-4-166. State Highway 46 from U.S. Highway 18 to Iowa.
The state trunk highway system includes the following in Charles Mix, Bon Homme, Yankton, Clay, and Union counties:
From a point on U.S. Highway 18 in the southeast quarter of section four, township ninety-five north, range sixty-five west, thence east via Wagner, Irene, and Beresford to the Iowa state line near the northeast corner of section fifteen, township ninety-five north, range forty-eight west.
Source: SL 1984, ch 209, § 39.
31-4-167. State Highway 47 from Nebraska to North Dakota.
The state trunk highway system includes the following in Gregory, Lyman, Buffalo, Hyde, Faulk, Potter, Walworth, Edmunds, and McPherson counties:
(1) From a point on the Nebraska state line south of Burke near the southwest corner of section thirty-one, township ninety-five north, range seventy-one west, thence north to U.S. Highway 18 in the northwest quarter of section thirty-one, township ninety-seven north, range seventy-one west;
(2) From a point on U.S. Highway 18 at Gregory near the southwest corner of section twelve, township ninety-seven north, range seventy-three west, thence northerly to Interstate Highway 90, thence northwesterly to Reliance, thence northeasterly to State Highway 34 near the south quarter corner of section eleven, township one hundred seven north, range seventy-two west;
(3) From a point on State Highway 34 south of Highmore north of the southeast corner of section eleven, township one hundred nine north, range seventy-two west, thence north via Highmore to U.S. Highway 212 west of Faulkton near the northeast corner of section twelve, township one hundred eighteen north, range seventy-two west;
(4) From a point on U.S. Highway 212 south of Lebanon near the southwest corner of section four, township one hundred eighteen north, range seventy-four west, thence north via Lebanon and Hoven to U.S. Highway 12 west of Bowdle near the northeast corner of section twenty-nine, township one hundred twenty-three north, range seventy-four west;
(5) From a point on U.S. Highway 12 at Bowdle south of the northwest corner of section twenty-seven, township one hundred twenty-three north, range seventy-three west, thence northerly to State Highway 10 west of Eureka near the northeast corner of section three, township one hundred twenty-six north, range seventy-three west;
(6) From a point on State Highway 10 in Eureka near the southwest corner of section thirty-six, township one hundred twenty-seven north, range seventy-three west, thence north via Eureka to the North Dakota state line near the northeast corner of section two, township one hundred twenty-eight north, range seventy-three west.
Source: SL 1984, ch 209, § 40; SL 1991, ch 231, § 3.
31-4-168. State Highway 48 from Interstate Highway 29 to Iowa.
The state trunk highway system includes the following in Union County:
From a point on Interstate Highway 29 northwest of Elk Point near the north quarter corner of section thirty, township ninety-three north, range fifty west, thence easterly to the Iowa state line near the southwest corner of section thirty, township ninety-three north, range forty-eight west.
Source: SL 1984, ch 209, § 41.
31-4-169. State Highway 49 from U.S. Highway 18 to State Highway 47.
The state trunk highway system includes the following in Tripp and Lyman counties:
From a point on U.S. Highway 18 at Colome north of the southeast corner of section thirty-three, township ninety-eight north, range seventy-five west, thence northerly to State Highway 47 south of Reliance in the southeast quarter of section fifteen, township one hundred three north, range seventy-three west.
Source: SL 1984, ch 209, § 42; SL 1986, ch 236, § 1.
31-4-170. State Highway 50 from State Highway 34 to Iowa.
The state trunk highway system includes the following in Buffalo, Brule, Charles Mix, Bon Homme, Yankton, Clay, and Union counties:
(1) From a point on State Highway 34 east of Fort Thompson, thence southerly via Chamberlain to Interstate Highway 90 south of Chamberlain;
(2) From a point on Interstate Highway 90 south of Pukwana, thence southerly and easterly to State Highway 44 west of Platte;
(3) From a point on State Highway 44 east of Platte, thence southerly and easterly to U.S. Highway 18 in Lake Andes;
(4) From a point on U.S. Highway 18 east of Lake Andes, thence south to State Highway 46 west of Wagner;
(5) From a point on State Highway 46 east of Wagner, thence southerly and easterly via Avon, Tyndall, and Tabor to U.S. Highway 81 north of Yankton;
(6) From a point on U.S. Highway 81 at the intersection of Broadway Street and 4th Street in the city of Yankton, thence easterly via Yankton and Vermillion to the Iowa state line.
Source: SL 1984, ch 209, § 43; SL 2021, ch 123, § 2.
31-4-171. State Highway 52 from State Highway 37 to U.S. Highway 81.
The state trunk highway system includes the following in Bon Homme and Yankton counties:
(1) From a point on State Highway 37 north of Springfield near the northwest corner of section one, township ninety-three north, range sixty west, thence east to State Highway 50 south of Tabor near the southeast corner of section thirty-five, township ninety-four north, range fifty-eight west;
(2) From a point on State Highway 50 west of Yankton near the northeast corner of section three, township ninety-three north, range fifty-seven west, thence southerly and easterly via Yankton to U.S. Highway 81 at the intersection of 4th Street and Broadway Street.
Source: SL 1984, ch 209, § 44.
31-4-172. State Highway 53 from south of U.S. Highway 18 to Interstate Highway 90.
The state trunk highway system includes the following in Tripp, Mellette, and Lyman counties:
(1) From a point south of U.S. Highway 18 southwest of Winner near the southwest corner of section two, township ninety-six north, range seventy-eight west, thence north to U.S. Highway 18 near the northwest corner of section twenty-three, township ninety-nine north, range seventy-eight west;
(2) From a point on State Highway 44 east of Wood near the southwest corner of section twenty-five, township forty-one north, range twenty-six west, thence northerly to Interstate Highway 90 south of Fort Pierre in section nine, township one hundred five north, range seventy-nine west.
Source: SL 1984, ch 209, § 45; SL 1996, ch 189, § 1.
31-4-173. State Highway 63 from U.S. Highway 18 to North Dakota.
The state trunk highway system includes the following in Todd, Mellette, Jackson, Haakon, Stanley, Ziebach, Dewey, and Corson counties:
(1) From a point on U.S. Highway 18 east of Martin near the center of section five, township thirty-eight north, range thirty-one west, thence northwesterly to a point south of State Highway 44 near the west quarter corner of section two, township forty north, range thirty-three west;
(2) From a point on State Highway 44 west of White River near the southwest corner of section thirty-six, township forty-two north, range thirty-three west, thence northerly via Belvidere to Interstate Highway 90 near the center of section twenty-nine, township two south, range twenty-four east;
(3) From a point on Interstate Highway 90 northeast of Belvidere near the southwest corner of section nine, township two south, range twenty-five east, thence north to U.S. Highway 14 in the southwest quarter of section six, township one north, range twenty-five east;
(4) From a point on State Highway 34 west of Kellar's Corner near the southwest corner of section twenty, township five north, range twenty-five east, thence northerly to U.S. Highway 212 west of Eagle Butte near the northwest corner of section thirteen, township twelve north, range twenty-three east;
(5) From a point on U.S. Highway 212 east of Eagle Butte near the southeast corner of section eleven, township twelve north, range twenty-four east, thence northerly to State Highway 20 west of Timber Lake near the northeast corner of section twenty-four, township seventeen north, range twenty-three east;
(6) From a point on State Highway 20 south of McLaughlin near the southwest corner of section thirty-three, township eighteen north, range twenty-seven east, thence north via McLaughlin to the North Dakota state line near the northeast corner of section nineteen, township twenty-three north, range twenty-seven east.
Source: SL 1984, ch 209, § 46; SL 2012, ch 156, § 1.
31-4-174. State Highway 65 from U.S. Highway 212 to North Dakota.
The state trunk highway system includes the following in Ziebach, Dewey, and Corson counties:
(1) From a point on U.S. Highway 212 east of Dupree near the northeast corner of section thirty-two, township thirteen north, range twenty-one east, thence northerly to State Highway 20 west of Isabel near the northeast corner of section one, township sixteen north, range twenty-one east;
(2) From a point on State Highway 20 at Isabel near the southwest corner of section twenty-eight, township seventeen north, range twenty-two east, thence northerly to U.S. Highway 12 at McIntosh near the northwest corner of section thirty-one, township twenty-three north, range twenty-three east;
(3) From a point on U.S. Highway 12 at McIntosh in section twenty-five, township twenty-three north, range twenty-two east, thence north to the North Dakota state line on the north line of section twenty-four, township twenty-three north, range twenty-two east.
Source: SL 1984, ch 209, § 47.
31-4-175. State Highway 71 from Nebraska to U.S. Highway 18 Bypass.
The state trunk highway system includes the following in Fall River County:
From the Nebraska state line south of Ardmore near the south quarter corner of section sixteen, township twelve south, range four east, thence northerly via Ardmore to U.S. Highway 18 Bypass at Hot Springs in the southwest quarter of section twenty-four, township seven south, range five east.
Source: SL 1984, ch 209, § 48.
31-4-176. State Highway 73 from Nebraska to North Dakota.
The state trunk highway system includes the following in Bennett, Jackson, Haakon, Meade, Perkins, and Corson counties:
(1) From a point on the Nebraska state line south of Martin in section nineteen; township thirty-five north, range thirty-seven west, thence northerly via Martin to U.S. Highway 18 near the northeast corner of section nineteen, township thirty-seven north, range thirty-seven west;
(2) From a point on U.S. Highway 18 east of Martin near the southwest corner of section thirty-one, township thirty-eight north, range thirty-five west, thence north via Kadoka to Interstate Highway 90 north of the southeast corner of section thirty, township two south, range twenty-two east;
(3) From a point on Interstate Highway 90 west of Kadoka near the southwest corner of section thirty, township two south, range twenty-one east, thence north via Philip to State Highway 34 north of Philip near the northeast corner of section fifteen, township five north, range twenty east;
(4) From a point on State Highway 34 south of Faith near the south quarter corner of section twenty-seven, township eight north, range seventeen east, thence north via Faith to U.S. Highway 212 near the northeast corner of section nine, township twelve north, range seventeen east;
(5) From a point on U.S. Highway 212 west of Faith west of the southeast corner of section one, township twelve north, range sixteen east, thence north to State Highway 20 near the northeast corner of section seventeen, township seventeen north, range sixteen east;
(6) From a point on State Highway 20 east of Bison near the northeast corner of section seventeen, township eighteen north, range sixteen east, thence north to U.S. Highway 12 west of Lemmon near the northeast corner of section thirty, township twenty-three north, range sixteen east;
(7) From a point on U.S. Highway 12 west of Morristown near the south quarter corner of section twenty-four, township twenty-three north, range seventeen east, thence north to the north quarter corner of section twenty-four, township twenty-three north, range seventeen east.
Source: SL 1984, ch 209, § 49.
31-4-177. State Highway 75 from State Highway 20 to North Dakota.
The state trunk highway system includes the following in Perkins County:
From a point on State Highway 20 west of Bison near the southwest corner of section ten, township eighteen north, range twelve east, thence north to the North Dakota state line near the northwest corner of section twenty-one, township twenty-three north, range twelve east.
Source: SL 1984, ch 209, § 50.
31-4-178. State Highway 79 from U.S. Highway 18 to North Dakota.
The state trunk highway system includes the following in Fall River, Custer, Pennington, Meade, Butte, and Harding counties:
(1) From a point on U.S. Highway 18 southeast of Hot Springs northerly via Rapid City to the intersection of U.S. Highway 16B;
(2) From a point on State Highway 34 east of Sturgis north to U.S. Highway 212 south of Newell;
(3) From a point on U.S. Highway 212 in Newell northerly to State Highway 20;
(4) From a point on State Highway 20 east of Buffalo north to the North Dakota state line.
Source: SL 1984, ch 209, § 51; SL 1986, ch 27, § 9; SL 1990, ch 225, § 1; SL 1994, ch 237, § 2; SL 2001, ch 157, § 2; SL 2005, ch 150, § 3.
31-4-179. U.S. Highway 81 from Missouri River to Interstate Highway 29.
The state trunk highway system includes the following in Yankton, Hutchinson, McCook, Miner, Lake, Kingsbury, Hamlin, and Codington counties:
(1) From the center of the Missouri River Bridge south of Yankton northerly via Yankton and Salem to U.S. Highway 14 south of Arlington in the southwest quarter of section eighteen, township one hundred ten north, range fifty-two west;
(2) From a point on U.S. Highway 14 at Arlington near the west quarter corner of section six, township one hundred ten north, range fifty-two west, thence northerly via Arlington and Watertown to Interstate Highway 29 northeast of Watertown near the south quarter corner of section fifteen, township one hundred seventeen north, range fifty-two west.
Source: SL 1984, ch 209, § 52.
31-4-180. U.S. Highway 83 from Nebraska to North Dakota.
The state trunk highway system includes the following in Todd, Mellette, Jones, Lyman, Stanley, Hughes, Sully, Potter, Walworth, and Campbell counties:
(1) From the Nebraska state line south of Mission in section twenty-three, township thirty-five north, range twenty-eight west, thence northerly via Mission to U.S. Highway 18 north of the southeast corner of section thirty-two, township thirty-nine north, range twenty-eight west;
(2) From a point on U.S. Highway 18 west of Mission near the southwest corner of section thirty-six, township thirty-nine north, range twenty-nine west, thence north to Interstate Highway 90 north of the southwest corner of section seven, township two south, range twenty-nine east;
(3) From a point on Interstate Highway 90 south of Fort Pierre in section nine, township one hundred five north, range seventy-nine west, thence north via Fort Pierre to U.S. Highway 14 in section twenty-eight, township five north, range thirty-one east;
(4) From a point on U.S. Highway 14 west of Blunt north of the southwest corner of section fourteen, township one hundred twelve north, range seventy-seven west, thence north to U.S. Highway 212 west of Gettysburg near the northwest corner of section twenty-five, township one hundred eighteen north, range seventy-seven west;
(5) From a point on U.S. Highway 212 west of Gettysburg near the southwest corner of section nineteen, township one hundred eighteen north, range seventy-six west, thence north to U.S. Highway 12 south of Selby in the southwest quarter of section twenty-one, township one hundred twenty-three north, range seventy-six west;
(6) From a point on U.S. Highway 12 north of Selby near the south quarter corner of section nineteen, township one hundred twenty-four north, range seventy-six west, thence north via Mound City and Herreid to the North Dakota state line near the northwest corner of section five, township one hundred twenty-eight north, range seventy-six west.
Source: SL 1984, ch 209, § 53.
31-4-181. U.S. Highway 85 from Wyoming to North Dakota.
The state trunk highway system includes the following in Lawrence, Butte, and Harding counties:
(1) From a point on the Wyoming state line on the west line of section thirty-one, township three north, range one east, thence northeasterly to Cheyenne Crossing in the northwest quarter of section twenty-two, township four north, range two east;
(2) From a point on U.S. Highway 14 Alternate in Lead in section thirty-two, township five north, range three east, thence northeasterly via Lead and Deadwood to U.S. Highway 14 Alternate in Deadwood near the southwest corner of section twenty-three, township five north, range three east;
(3) From a point on U.S. Highway 14 Alternate in Deadwood near the southwest corner of section thirteen, township five north, range three east, thence northwesterly to Interstate Highway 90 east of Spearfish in section fifteen, township six north, range three east;
(4) From a point on Interstate Highway 90 north of Spearfish in section thirty-four, township seven north, range two east, thence north via Belle Fourche and Buffalo to the North Dakota state line.
Source: SL 1984, ch 209, § 54; SL 1994, ch 237, § 13.
31-4-182. State Highway 87 from U.S. Highway 385 to U.S. Highway 16.
The state trunk highway system includes the following in Custer and Pennington counties:
(1) From a point on the north boundary of Wind Cave National Park in section one, township five south, range five east, thence northerly to U.S. Highway 16 Alternate east of Custer near the west quarter corner of section twenty-five, township three south, range five east;
(2) From a point on U.S. Highway 16 Alternate east of Custer east of the southwest corner of section nineteen, township three south, range six east, thence northwesterly to U.S. Highway 16 south of Hill City near the center of section twelve, township two south, range four east.
Source: SL 1984, ch 209, § 55.
31-4-183. State Highway 89 from U.S. Highway 18 to State Highway 87.
The state trunk highway system includes the following in Fall River and Custer counties:
(1) From a point on U.S. Highway 18 west of Hot Springs near the west quarter corner of section nineteen, township seven south, range four east, thence northerly to U.S. Highway 385 south of Custer near the north quarter corner of section twenty-four, township five south, range four east;
(2) From a point on U.S. Highway 16 Alternate east of Custer in section twenty-four, township three south, range four east, thence northerly to State Highway 87 north of Custer in the southeast quarter of section thirty, township two south, range five east.
Source: SL 1984, ch 209, § 56.
31-4-184. Interstate Highway 90 from Wyoming to Minnesota.
The state trunk highway system includes the following in Lawrence, Meade, Pennington, Jackson, Jones, Lyman, Brule, Aurora, Davison, Hanson, McCook, and Minnehaha counties:
From a point on the Wyoming state line west of Spearfish south of the northwest corner of section thirty, township seven north, range one east, thence easterly via Spearfish, Sturgis, Rapid City, Wall, Kadoka, Oacoma, Kimball, Mitchell, and Sioux Falls to the Minnesota state line east of Sioux Falls near the east quarter corner of section twenty-seven, township one hundred two north, range forty-seven west.
Source: SL 1984, ch 209, § 57.
31-4-185. Interstate Highway 90 Business Loops at Oacoma, Chamberlain, and Mitchell.
The state trunk highway system includes the following in Lyman, Brule, and Davison counties:
(1) From a point on Interstate Highway 90 at Oacoma, thence northeasterly via Oacoma and Chamberlain to State Highway 50;
(2) From a point on Interstate Highway 90 at Mitchell exit number 332, thence north to State Highway 38 and west via Mitchell to State Highway 37.
Source: SL 1984, ch 209, § 58; SL 1990, ch 225, § 2; SL 1994, ch 237, § 3; SL 1999, ch 147, § 2.
31-4-186. State Highway 101 from State Highway 22 to Gary.
The state trunk highway system includes the following the Deuel County:
From a point on State Highway 22 south of Gary near the southeast corner of section twenty-one, township one hundred fifteen north, range forty-seven west, thence north to Gary near the southeast corner of section four, township one hundred fifteen north, range forty-seven west.
Source: SL 1984, ch 209, § 59.
31-4-189. State Highway 106 from State Highway 25 to State Highway 127.
The state highway system includes the following in Roberts County:
From a point on State Highway 25 north of Claire City near the northwest corner of section nineteen, township one hundred twenty-eight north, range fifty-one west, thence south and east to State Highway 127 near Hammer near the southeast corner of section twenty-two, township one hundred twenty-eight north, range fifty-one west.
Source: SL 1984, ch 209, § 62.
31-4-190. State Highway 109 from U.S. Highway 12 to State Highway 15.
The state trunk highway system includes the following in Grant and Roberts counties:
From a point on U.S. Highway 12 in Big Stone City in the northwest quarter of section seventeen, township one hundred twenty-one north, range forty-six west, thence northwest to State Highway 15 east of Hartford Beach near the northwest corner of section twelve, township one hundred twenty-two north, range forty-eight west.
Source: SL 1984, ch 209, § 63.
31-4-191. State Highway 115 from U.S. Highway 18 to Interstate Highway 29.
The state trunk highway system includes the following in Lincoln and Minnehaha counties:
(1) From a point on U.S. Highway 18 west of Canton thence north via Sioux Falls to a point on 85th Street in Sioux Falls;
(2) From a point on 72nd Street North in Sioux Falls then north and west via Sioux Falls and Dell Rapids to a point on Interstate Highway 29 west of Dell Rapids.
Source: SL 1984, ch 209, § 64; SL 1992, ch 202, § 5; SL 1994, ch 237, § 12; SL 1995, ch 169, § 1; SL 2006, ch 155, § 3.
31-4-192. State Highway 123 from U.S. Highway 12 to State Highway 15.
The state trunk highway system includes the following in Grant and Roberts counties:
From U.S. Highway 12 southeast of Summit south of the northeast corner of section twenty-five, township one hundred twenty-one north, range fifty west, thence north to State Highway 15 in Wilmont near the northeast corner of section one, township one hundred twenty-two north, range fifty west.
Source: SL 1984, ch 209, § 65.
31-4-193. State Highway 127 from State Highway 10 to North Dakota.
The state trunk highway system includes the following in Roberts County:
From State Highway 10 east of Sisseton near the southwest corner of section twenty-six, township one hundred twenty-six north, range fifty-one west, thence north, east and north via Rosholt to the North Dakota state line near the northeast corner of section six, township one hundred twenty-eight north, range forty-seven west.
Source: SL 1984, ch 209, § 66.
31-4-194. State Highway 130 from U.S. Highway 12 to State Highway 271.
The state trunk highway system includes the following in Walworth County:
From U.S. Highway 12 in Selby near the northwest corner of section four, township one hundred twenty-three north, range seventy-six, west, thence east to State Highway 271 near Java near the northeast corner of section four, township one hundred twenty-three north, range seventy-five west.
Source: SL 1984, ch 209, § 67.
31-4-198. State Highway 144 from Akaska to U.S. Highway 83.
The state trunk highway system includes the following in Walworth County:
From a point in Akaska near the northwest corner of section two, township one hundred twenty-one north, range seventy-seven west, thence east to U.S. Highway 83 south of Selby near the northeast corner of section six, township one hundred twenty-one north, range seventy-six west.
Source: SL 1984, ch 209, § 71.
31-4-199. State Highway 153 from State Highway 52 to State Highway 50.
The state trunk highway system includes the following in Yankton County:
From State Highway 52 near Gavins Point Dam in the northwest quarter of section seventeen, township ninety-three north, range fifty-six west, thence north to State Highway 50 northwest of Yankton near the northeast corner of section six, township ninety-three north, range fifty-six west.
Source: SL 1984, ch 209, § 72.
31-4-200. State Highway 158 from State Highway 15 to Minnesota.
The state trunk highway system includes the following in Grant County:
From State Highway 20 south of Milbank near the northwest corner of section nineteen, township one hundred nineteen north, range forty-eight west, thence east to the Minnesota state line east of Stockholm near the northwest corner of section twenty-two, township one hundred nineteen north, range forty-seven west.
Source: SL 1984, ch 209, § 73.
31-4-201. State Highway 168 from U.S. Highway 85 to State Highway 79.
The state trunk highway system includes the following in Butte County:
From a point on U.S. Highway 85 south of Buffalo in the northeast quarter of section seven, township twelve north, range five east, thence southeast to State Highway 79 near the southeast corner of section thirty, township twelve north, range six east.
Source: SL 1984, ch 209, § 74.
31-4-202. U.S. Highway 183 from Nebraska to Interstate Highway 90.
The state trunk highway system includes the following in Tripp and Lyman counties:
(1) From a point on the Nebraska state line south of Wewela near the southwest corner of section thirty-one, township ninety-five north, range seventy-five west, thence north to U.S. Highway 18 at Colome north of the southeast corner of section thirty-three, township ninety-eight north, range seventy-five west;
(2) From a point on U.S. Highway 18 west of Winner near the southeast corner of section fourteen, township ninety-nine north, range seventy-eight west thence north to Interstate Highway 90 north of the southeast corner of section fifteen, township one hundred five north, range seventy-seven west.
Source: SL 1984, ch 209, § 75.
31-4-203. Interstate Highway 190 from Rapid City to Interstate Highway 90.
The state trunk highway system includes the following in Pennington County:
From the junction of Omaha Street and West Boulevard in Rapid City north via Rapid City to Interstate Highway 90 north of Rapid City north of the southeast corner of section twenty-six, township two north, range seven east.
Source: SL 1984, ch 209, § 76.
31-4-204. State Highway 203 from State Highway 258 to State Training School.
The state trunk highway system includes the following in Aurora County:
From a point on State Highway 258 east of Plankinton near the west line of section twenty-four, township one hundred three north, range sixty-four west, thence north to the entrance of the state training school near the northeast corner of section fourteen, township one hundred three north, range sixty-four west.
Source: SL 1984, ch 209, § 77.
31-4-205. State Highway 204 from State Highway 1806 to State Highway 1804.
The state trunk highway system includes the following in Stanley and Hughes counties:
From a point on State Highway 1806 in the northeast quarter of section thirty-one, township six north, range thirty-one east, thence northeast across Oahe Dam to State Highway 1804 in the northwest quarter of section six, township one hundred eleven north, range seventy-nine west.
Source: SL 1984, ch 209, § 78.
31-4-206. U.S. Highway 212 from Wyoming to Minnesota.
The state trunk highway system includes the following in Butte, Meade, Ziebach, Dewey, Potter, Hand, Faulk, Spink, Clark, Codington, and Deuel counties:
From a point on the Wyoming state line north of the southwest corner of section nineteen, township ten north, range one east, thence easterly via Belle Fourche, Newell, Faith, Gettysburg, Faulkton, Redfield, Frankfort, Doland, Clark, Henry, Watertown, and Kranzburg to the Minnesota state line in the southwest quarter of section fifteen, township one hundred seventeen north, range forty-seven west.
Source: SL 1984, ch 209, § 79.
31-4-208. State Highway 324 from Interstate Highway 29 to State Highway 13.
The state trunk highway system includes the following in Brookings County:
From a point on Interstate Highway 29 on the north line of section nineteen, township one hundred nine north, range forty-nine west, thence east to State Highway 13 west of Elkton near the northeast corner of section twenty-one, township one hundred nine north, range forty-eight west.
Source: SL 1984, ch 209, § 81.
31-4-209. State Highway 224 from Alpena to State Highway 37.
The state trunk highway system includes the following in Jerauld and Sanborn counties:
From a point in Alpena near the southwest corner of section two, township one hundred eight north, range sixty-three west, thence east via Alpena to State Highway 37 south of Huron near the southeast corner of section one, township one hundred eight north, range sixty-two west.
Source: SL 1984, ch 209, § 82.
31-4-210. Interstate Highway 229 from Interstate Highway 29 to Interstate Highway 90.
The state trunk highway system includes the following in Lincoln and Minnehaha counties:
From a point on Interstate Highway 29 south of Sioux Falls in section eighteen, township one hundred north, range fifty west, thence northeasterly via Sioux Falls to Interstate Highway 90 north of Sioux Falls north of the southwest corner of section twenty-six, township one hundred two north, range forty-nine west.
Source: SL 1984, ch 209, § 83.
31-4-215. State Highway 239 from State Highway 10 to Long Lake.
The state trunk highway system includes the following in McPherson County:
From a point on State Highway 10 west of Leola south of the northeast corner of section seven, township one hundred twenty-six north, range sixty-nine west, thence north to Long Lake near the southeast corner of section thirty-one, township one hundred twenty-eight north, range sixty-nine west.
Source: SL 1984, ch 209, § 88.
31-4-216. State Highway 240 from Interstate Highway 90 via Badlands National Park to Interstate Highway 90.
The state trunk highway system includes the following in Pennington and Jackson counties:
(1) From a point on Interstate Highway 90 west of Wall near the northwest corner of section six, township one south, range sixteen east, thence southerly via Wall to the Badlands National Park boundary south of the northeast corner of section seven, township two south, range sixteen east;
(2) From a point on the Badlands National Park boundary west of the northeast corner of section thirteen, township three south, range eighteen east, thence north to Interstate Highway 90 north of the southeast corner of section twenty-five, township two south, range eighteen east.
Source: SL 1984, ch 209, § 89.
31-4-217. State Highway 244 from U.S. Highway 16 to Mount Rushmore National Monument.
The state trunk highway system includes the following in Pennington County:
From a point on U.S. Highway 16 south of Hill City in section twelve, township two south, range four east, thence easterly to the west boundary of Mount Rushmore National Monument near the southeast corner of section twelve, township two south, range five east.
Source: SL 1984, ch 209, § 90.
31-4-219. State Highway 247 from U.S. Highway 12 to State Highway 10.
The state trunk highway system includes the following in Edmunds and McPherson counties:
From a point on U.S. Highway 12 in Roscoe near the southeast corner of section twenty-four, township one hundred twenty-three north, range seventy-one west, thence north via Roscoe to State Highway 10 near the northeast corner of section two, township one hundred twenty-six north, range seventy-one west.
Source: SL 1984, ch 209, § 92.
31-4-220. State Highway 248 from State Highway 240 to Interstate Highway 90.
The state trunk highway system includes the following in Jackson, Jones, and Lyman counties:
From a point on State Highway 240 at Cactus Flats near the northeast corner of section thirty-six of township two south, range eighteen east, thence east via Kadoka, Belvidere, Murdo, Draper, Presho, Kennebec, and Reliance to Interstate Highway 90 near the southeast corner of section twenty-nine, township one hundred five north, range seventy-three west.
Source: SL 1984, ch 209, § 93; SL 1991, ch 231, § 4.
31-4-221. State Highway 249 from State Highway 47 to State Highway 34.
The state trunk highway system includes the following in Buffalo County:
From a point on State Highway 47 near the southeast corner of section fourteen, township one hundred seven north, range seventy-two west, thence northeasterly to State Highway 34 near the northwest corner of section thirteen, township one hundred seven north, range seventy-two west.
Source: SL 1984, ch 209, § 94.
31-4-222. State Highway 251 from Nebraska to U.S. Highway 18.
The state trunk highway system include the following in Gregory County:
From a point on the Nebraska state line south of Gregory near the southeast corner of section thirty-five, township ninety-five north, range seventy-three west, thence north to U.S. Highway 18 near the northeast corner of section fourteen, township ninety-seven north, range seventy-three west.
Source: SL 1984, ch 209, § 95.
31-4-223. State Highway 253 from U.S. Highway 12 to State Highway 47.
The state trunk highway system includes the following in Edmunds County:
From a point on U.S. Highway 12 west of Roscoe near the southwest corner of section nineteen, township one hundred twenty-three north, range seventy-one west, thence north and west via Hosmer to State Highway 47 north of Bowdle near the northwest corner of section ten, township one hundred twenty-four north, range seventy-three west.
Source: SL 1984, ch 209, § 96.
31-4-224. State Highway 258 from Interstate Highway 90 to U.S. Highway 281.
The state trunk highway system includes the following in Aurora County:
From a point on Interstate Highway 90 south of Plankinton in the southeast corner of section twenty-two, township one hundred three north, range sixty-four west, thence east via Plankinton to U.S. Highway 281 south of the northeast corner of section twenty-four, township one hundred three north, range sixty-four west.
Source: SL 1984, ch 209, § 97.
31-4-225. State Highway 262 from Interstate Highway 90 to State Highway 42.
The state trunk highway system includes the following in Hanson and McCook counties:
From a point on Interstate Highway 90 north of Alexandria north of the southeast corner of section four, township one hundred two north, range fifty-eight west, thence southeasterly via Alexandria, Emery, and Bridgewater to State Highway 42 in Bridgewater west of the southeast corner of section thirteen, township one hundred one north, range fifty-six west.
Source: SL 1984, ch 209, § 98.
31-4-227. State Highway 271 from U.S. Highway 12 to North Dakota.
The state trunk highway system includes the following in Walworth and Campbell counties:
(1) From a point on U.S. Highway 12 south of Java near the southwest corner of section twenty-two, township one hundred twenty-three north, range seventy-five west, thence north to the Walworth County line on the north line of section three, township one hundred twenty-four north, range seventy-five west;
(2) From a point on State Highway 10, south of Artas near the southwest corner of section thirty-three, township one hundred twenty-seven north, range seventy-four west, thence northerly to the North Dakota state line east of the northwest corner of section six, township one hundred twenty-eight north, range seventy-four west.
Source: SL 1984, ch 209, § 100.
31-4-228. State Highway 273 from Interstate Highway 90 to State Highway 1806.
The state trunk highway system includes the following in Lyman County:
From a point on Interstate Highway 90 south of Kennebec north of the southeast corner of section eighteen, township one hundred five north, range seventy-five west, thence north via Kennebec to State Highway 1806 near the northeast corner of section eighteen, township one hundred seven north, range seventy-five west.
Source: SL 1984, ch 209, § 101.
31-4-229. U.S. Highway 281 from Nebraska to North Dakota.
The state trunk highway system includes the following in Gregory, Charles Mix, Douglas, Aurora, Jerauld, Beadle, Spink, and Brown counties:
(1) From a point on the Nebraska state line near the west line of section thirty-six, township ninety-five north, range sixty-seven west, thence north to U.S. Highway 18;
(2) From a point on U.S. Highway 18 south of Armour, thence north via Armour and Corsica to U.S. Highway 14 west of Huron;
(3) From a point on U.S. Highway 14, north of Wolsey, thence northerly via Redfield and Aberdeen to the North Dakota state line.
Source: SL 1984, ch 209, § 102; SL 2002, ch 141, § 2.
31-4-232. State Highway 314 from State Highway 50 to Yankton.
The state trunk highway system includes the following in Yankton County:
From a point on State Highway 50 southeast to the west right-of-way line near the intersection with West 11th Street in Yankton.
Source: SL 1984, ch 209, § 105; SL 2008, ch 146, § 1.
31-4-234. State Highway 377 from State Highway 44 to Badlands National Park.
The state trunk highway system includes the following in Jackson County:
From a point on State Highway 44 near the west line of section four, township four south, range eighteen east in Interior, thence northeast via Interior to the Badlands National Park boundary near the west line of section thirty-four, township three south, range eighteen east.
Source: SL 1984, ch 209, § 107.
31-4-235. U.S. Highway 385 from Nebraska to U.S. Highway 85.
The state trunk highway system includes the following in Fall River, Custer, Pennington, and Lawrence counties:
(1) From a point on the Nebraska state line in section eighteen, township twelve south, range eight east, thence north via Oelrichs to U.S. Highway 18 west of the northeast corner of section thirteen, township ten south, range seven east;
(2) From a point on U.S. Highway 18 in Hot Springs in section twenty-four, township seven south, range five east, thence north via Hot Springs to the south boundary of Wind Cave National Park on the north line of section twenty-four, township six south, range five east;
(3) From a point on the west boundary of Wind Cave National Park near the northwest corner of section thirty-five, township five south, range five east, thence northwesterly via Pringle and Custer to U.S. Highway 16 in Custer in section twenty-six, township three south, range four east;
(4) From U.S. Highway 16 in the northwest quarter of section twenty-two, township one south, range five east, thence northwesterly to U.S. Highway 85 near the north section line of section thirty-four, township five north, range three east.
Source: SL 1984, ch 209, § 108.
31-4-236. State Highway 391 from Nebraska to U.S. Highway 18.
The state trunk highway system includes the following in Oglala Lakota County:
From a point on the Nebraska state line near the northwest corner of section twenty-four, township thirty-five north, range forty-two west, thence north to U.S. Highway 18 near the northeast corner of section two, township thirty-five north, range forty-two west.
Source: SL 1984, ch 209, § 109; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
31-4-237. State Highway 407 from Nebraska to U.S. Highway 18.
The state trunk highway system includes the following in Oglala Lakota County:
From a point on the Nebraska state line south of Pine Ridge near the northeast corner of section twenty-four, township thirty-five north, range forty-five west, thence north to U.S. Highway 18 in section twelve, township thirty-five north, range forty-five west.
Source: SL 1984, ch 209, § 110; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
31-4-243. State Highway 445 from State Highway 79 to Interstate Highway 90.
The state trunk highway system includes the following in Pennington County:
From a point on State Highway 79 in Rapid City at the intersection of West Chicago Street and West Omaha Street, thence northwesterly to Interstate Highway 90 near the southwest corner of section twenty-two, township two north, range seven east.
Source: SL 1984, ch 209, § 116; SL 1994, ch 237, § 7.
31-4-244. State Highway 471 from State Highway 71 to U.S. Highway 18.
The state trunk highway system includes the following in Fall River County:
From a point on State Highway 71 north of Ardmore near the southeast corner of section eight, township eleven south, range four east, thence northwest via Edgemont to a point on U.S. Highway 18 in Edgemont in the southwest quarter of section thirty-six, township eight south, range two east.
Source: SL 1984, ch 209, § 117.
31-4-245. State Highway 473 from U.S. Highway 14 Alternate to Stewart Slope Road.
The state trunk highway system includes the following in Lawrence County:
From a point on U.S. Highway 14 Alternate southwest of Lead in section five, township four north, range three east, thence northwesterly three and one-tenth miles to the intersection of Stewart Slope Road near the northeast corner of section two, township four north, range two east.
Source: SL 1984, ch 209, § 118; SL 2000, ch 139, § 1.
31-4-246. State Highway 1804.
The state trunk highway system includes the following in Charles Mix, Hughes, Sully, Potter, Walworth, and Campbell counties:
(1) From a point south of State Highway 50 near the southwest corner of section nineteen, township ninety-six north, range sixty-six west, thence northerly to State Highway 50 near the southwest corner of section thirty-one, township ninety-seven north, range sixty-six west;
(2) From a point south of State Highway 44 near the southwest corner of section thirteen, township ninety-eight north, range sixty-nine west, thence northwesterly to State Highway 44 west of Platte near the northwest corner of section twenty-two, township ninety-nine north, range sixty-nine west;
(3) From a point on U.S. Highway 14 in Pierre in the southwest quarter of section twenty-eight, township one hundred eleven north, range seventy-nine west, thence northerly along Oahe Reservoir to U.S. Highway 212 west of Gettysburg in section twenty-nine, township one hundred eighteen north, range seventy-eight west;
(4) From a point on U.S. Highway 212 west of Gettysburg near the southwest corner of section twenty-four, township one hundred eighteen north, range seventy-eight west, thence northerly to a point near the northwest corner of section two, township one hundred eighteen north, range seventy-eight west;
(5) From a point south of U.S. Highway 12 near the northeast corner of section thirty-five, township one hundred twenty-three north, range seventy-eight west, thence northwesterly along Oahe Reservoir to U.S. Highway 12 east of Mobridge west of the northeast corner of section twenty-six, township one hundred twenty-four north, range seventy-nine west;
(6) From a point on U.S. Highway 12 in Mobridge near the southwest corner of section twenty, township one hundred twenty-four north, range seventy-nine west, thence northerly along Oahe Reservoir via Mobridge and Pollock to the North Dakota state line west of the northeast corner of section five, township one hundred twenty-eight north, range seventy-nine west.
Source: SL 1984, ch 209, § 119; SL 1989, ch 250, § 2.
31-4-247. State Highway 1806.
The state trunk highway system includes the following in Gregory, Lyman, Stanley, and Corson counties:
(1) From a point on U.S. Highway 18 west of Bonesteel near the northeast corner of section two, township ninety-five north, range sixty-nine west, thence northeasterly to a point in section twenty, township ninety-seven north, range sixty-eight west;
(2) From a point south of State Highway 44 north of the southwest corner of section nine, township ninety-eight north, range seventy west, thence northerly to State Highway 44 west of Platte in section twenty-four, township ninety-nine north, range seventy-one west;
(3) From a point on State Highway 273 north of Kennebec near the northeast corner of section eighteen, township one hundred seven north, range seventy-five west, thence northwesterly along Lake Sharpe to U.S. Highway 83 south of Fort Pierre in section two, township four north, range thirty-one east;
(4) From a point on U.S. Highway 14 in Fort Pierre in the southeast quarter of section twenty, township five north, range thirty-one east, thence northerly along Oahe Reservoir to a point near the southwest corner of section twenty-four, township eight north, range twenty-seven east;
(5) From a point south of U.S. Highway 12 at Sacajawea Monument near the south line of section thirteen, township eighteen north, range twenty-nine east, thence northerly to U.S. Highway 12 in section thirty-six, township nineteen north, range twenty-nine east;
(6) From a point on U.S. Highway 12 near the southeast corner of section twenty-five, township nineteen north, range twenty-nine east, thence northerly along Oahe Reservoir to a point in section twenty-four, township twenty-two north, range twenty-nine east.
Source: SL 1984, ch 209, § 120.
CHAPTER 31-5
STATE HIGHWAY CONSTRUCTION AND MAINTENANCE IN GENERAL
31-5-1 Duty of department to maintain and repair state highways.
31-5-2 31-5-2 to 31-5-4. Repealed by SL 2010, ch 145, §§ 26 to 28.
31-5-5 Contracts with counties for completion and improvement of trunk highways.
31-5-6 31-5-6. Repealed by SL 1984, ch 207, § 26
31-5-7 31-5-7. Repealed by SL 2010, ch 145, § 30.
31-5-8 Moneys to be expended on highways and expenses of commission--Loans to local government highway jurisdictions.
31-5-8.1 Expenditures for roads in state parks and recreation areas.
31-5-8.2 31-5-8.2. Repealed by SL 1989, ch 251, § 2
31-5-8.3 Annual winter safe highway maintenance plan.
31-5-8.4 31-5-8.4. Repealed by SL 2005, ch 151, § 1.
31-5-9 31-5-9. Repealed by SL 2010, ch 145, § 32.
31-5-10 Improvements to trunk system--Manner of advertising for bids--Letting of contract--Rules.
31-5-10.1 Design-bid-build.
31-5-10.2 Indefinite delivery and indefinite quantity.
31-5-10.3 Emergency procurement.
31-5-11 Improvements to trunk system--Payments upon estimates approved by department--Vouchers.
31-5-12 31-5-12 to 31-5-15. Repealed by SL 2010, ch 145, §§ 34 to 37.
31-5-16 31-5-16. Repealed by SL 1985, ch 33, § 11
31-5-17 31-5-17. Repealed by SL 2010, ch 145, § 38.
31-5-18 31-5-18. Repealed by SL 1984, ch 207, § 28
31-5-19 Historic and prehistoric remains of state--Contract for preservation.
31-5-20 Interstate agreements for rest and recreation areas.
31-5-21 Mowing of ditches on state trunk highway--Rules--Priority to abutting landowner.
31-5-22 Violation of rules authorizing mowing of ditches as misdemeanor.
31-5-23 Consultation with first and second class municipalities and counties on construction or conversion of maintenance facilities--Sharing facilities.
31-5-24 Written agreements required for joint use of maintenance facilities.
31-5-25 Consultation prerequisite to construction or acquisition of facilities.
31-5-26 Supervision of design and construction of joint facilities.
31-5-1. Duty of department to maintain and repair state highways.
The Department of Transportation shall maintain, and keep in repair, all highways or portions of highways, including the bridges and culverts, on the state trunk highway system.
Source: SL 1923, ch 285; SDC 1939, § 28.0211; SL 1965, ch 132; SL 1984, ch 207, § 24; SL 2010, ch 145, § 25.
31-5-5. Contracts with counties for completion and improvement of trunk highways.
The department may enter into an agreement with any county to provide that each may perform work or submit monetary contributions for the completion or improvement of a certain part of the state trunk highway within the county.
Source: SL 1923, ch 285; SDC 1939, § 28.0211; SL 1965, ch 132; SL 2010, ch 145, § 29.
31-5-8. Moneys to be expended on highways and expenses of commission--Loans to local government highway jurisdictions.
All moneys levied and collected by the state by general state taxation for state highway purposes, or received from the sale of bonds, or appropriated for state highway purposes, shall be expended only in the laying out, marking, constructing, reconstructing, or maintaining public highways forming the trunk highway system and for the expenses of the Transportation Commission. However, twenty-five percent of all such moneys accruing to the state highway fund, other than from federal funds, may be used by the department in marking, constructing, reconstructing, repairing, or maintenance of highways and bridges of the state. The commission may promulgate rules, pursuant to chapter 1-26, to establish procedures for the application and approval of loans to local government highway jurisdictions. The jurisdictions may use the money for the marking, constructing, reconstructing, repairing, and maintenance of the highways and bridges of the state pursuant to terms and conditions determined by the commission.
Source: SL 1919, ch 333, § 54; SL 1920 (SS), ch 89; SL 1923, ch 284, § 5; SDC 1939, § 28.0212; SL 1953, ch 140; SL 2010, ch 145, § 31; SL 2017, ch 123, § 1.
31-5-8.1. Expenditures for roads in state parks and recreation areas.
To facilitate the use of areas with scenic, historical, and recreational values by our citizens and visitors to the state, the Transportation Commission may expend funds for roads in state parks and recreational areas under the jurisdiction of the Department of Game, Fish and Parks or for access roads in and to Missouri River recreational areas where the Department of Game, Fish and Parks and the United States Army Corps of Engineers have agreements for the administration thereof.
The Department of Transportation shall administer this section in the same manner as other construction programs under its jurisdiction.
Source: SL 1972, ch 172; SL 1976, ch 182, § 1; SL 1977, ch 237, § 2; SL 1977, ch 238, § 2; SL 1979, ch 195; SL 1981, ch 223, § 1; SL 1982, ch 221, § 1; SL 1982, ch 222; SL 1983, ch 225, § 59; SL 1984, ch 209, § 122.
31-5-8.3. Annual winter safe highway maintenance plan.
The State Transportation Commission shall each year establish a winter safe highway maintenance plan. The plan shall provide for the snow removal, sanding, and deicing of the state trunk highway system to provide safe highways during cold weather months.
Source: SL 1988, ch 233, § 3; SL 1989, ch 251, § 3.
31-5-10. Improvements to trunk system--Manner of advertising for bids--Letting of contract--Rules.
For a highway improvement on the trunk highway system, the work contemplated shall be delivered to contract by one of the following methods, in accordance with the provisions of this chapter:
(1) Design-bid-build;
(2) Indefinite delivery and indefinite quantity; or
(3) Emergency procurement.
Contracts for all road and bridge construction performed on the trunk highway system shall be between the state and the contractor and shall be approved by the Department of Transportation and the Transportation Commission.
The Transportation Commission may adopt rules pursuant to chapter 1-26 regarding advertisement for bids; bidder qualification, classification, and rating; bid submission; and bid acceptance for highway improvements on the trunk highway system.
Source: SDC 1939, § 28.0214; SL 1987, ch 210, § 6; SL 2021, ch 124, § 1.
31-5-10.1. Design-bid-build.
If construction plans and specifications for a highway improvement project have been completed by the Department of Transportation, the project may be advertised for bids and awarded to the bidder with the lowest responsive bid unless the bid is rejected by the Transportation Commission.
Source: SL 2021, ch 124, § 2.
31-5-10.2. Indefinite delivery and indefinite quantity.
For a potential future highway improvement or repair involving an indefinite quantity of a service for a fixed time, the department may contract for the service using indefinite delivery and indefinite quantity contracting if the following conditions are met:
(1) The request for proposals for the contract includes:
(a) The scope of the service required;
(b) The geographic parameters within which the service is to be performed;
(c) A specific contract period for which the service will be required that does not exceed five years, including extensions; and
(d) A bid schedule that includes the minimum quantity of the service that will be required during the contract period; and
(2) The contract is awarded to the lowest responsive bidder, unless the bid is rejected by the Transportation Commission.
Source: SL 2021, ch 124, § 3.
31-5-10.3. Emergency procurement.
The department may contract for a highway improvement service by emergency procurement without advertising the procurement if there exists a threat to public health, welfare, or safety or for any other urgent and compelling reason. Failure to abide by the bid provisions of this chapter in a timely manner is not an emergency. An emergency procurement shall be made with such competition that is practicable under the circumstances. A written determination of the basis of the emergency and for the selection of the particular contractor shall be included in the contract file, and the Transportation Commission shall be notified thereof at the commission's next regular meeting.
Source: SL 2021, ch 124, § 4.
31-5-11. Improvements to trunk system--Payments upon estimates approved by department--Vouchers.
Payments from all funds made available for road and bridge construction contracts for the trunk highway system shall be made from time to time by the state treasurer upon estimates approved by the department. Upon partial payments made upon signed contracts, the approval of the department on such partial payment vouchers is sufficient proof of correctness, and the oath of the payee is not required in this case.
Source: SL 1919, ch 333, § 57; SDC 1939, § 28.0214; SL 1984, ch 207, § 27; SL 2010, ch 145, § 33.
31-5-19. Historic and prehistoric remains of state--Contract for preservation.
To more effectually preserve the historical, archaeological, and paleontological remains of the state, the department may enter into agreements with the appropriate agencies of the state charged with preserving historical, archaeological, and paleontological remains to have these agencies remove and preserve such remains disturbed or to be disturbed by highway construction and to use highway funds, if appropriated, for this purpose. This authority specifically extends to highways which are part of the National System of Interstate and Defense Highways as defined in the Federal Aid Highway Act of 1956, Public Law 627, 84th Congress, and the use of state funds on a matching basis with such federal funds.
Source: SL 1961, ch 146; SL 2010, ch 145, § 39.
31-5-20. Interstate agreements for rest and recreation areas.
The Department of Transportation may enter into cost-sharing agreements with adjacent states for the land acquisition, construction, and operation of rest and recreation areas and rest and recreation facilities on or near state lines.
Source: SL 1971, ch 180.
31-5-21. Mowing of ditches on state trunk highway--Rules--Priority to abutting landowner.
The Transportation Commission may, by rules promulgated pursuant to chapter 1-26, authorize the mowing of ditches on the state trunk highway system. The rules shall establish when mowing may be done, by whom mowing may be done, how and where mowing may be done, and the time limit for removal of hay if mowing is done for hay production. However, the rules shall provide that the original owner or assigns of land abutting the ditches on the state trunk highway system shall be given priority for mowing.
Source: SL 1975, ch 192, § 1; SL 1987, ch 210, § 8; SL 1991, ch 232; SL 2004, ch 192, § 1.
31-5-22. Violation of rules authorizing mowing of ditches as misdemeanor.
Any person who violates any of the rules authorized pursuant to § 31-5-21 is guilty of a Class 2 misdemeanor.
Source: SL 1975, ch 192, § 2; SL 2004, ch 192, § 2.
31-5-23. Consultation with first and second class municipalities and counties on construction or conversion of maintenance facilities--Sharing facilities.
Before funds authorized by the Legislature for the construction or acquisition of district highway maintenance facilities are used, the Department of Transportation shall meet with the local governing bodies of the counties and first and second class municipalities where highway maintenance facilities will be located to discuss joint construction or conversion of highway maintenance facilities. The Department of Transportation shall notify the local governing bodies in writing of its intention to construct new highway maintenance facilities. Then, the department shall meet with the local governing bodies to determine the feasibility of constructing or converting highway maintenance facilities in the counties and municipalities where the facilities will be located. The department shall consider sharing facilities whenever the local governing bodies express interest in sharing the cost of constructing or converting the facility.
Source: SL 1981, ch 224, § 1; SL 1992, ch 60, § 2.
31-5-24. Written agreements required for joint use of maintenance facilities.
Written agreements as provided in § 1-24-3, between the Department of Transportation and the local governing bodies shall be executed before joint use is initiated, and shall specify the joint use areas and how the costs are to be shared.
Source: SL 1981, ch 224, § 2.
31-5-25. Consultation prerequisite to construction or acquisition of facilities.
Expenditures authorized by the Legislature for construction or acquisition of district highway maintenance facilities shall be contingent upon completing the procedure described in § 31-5-23. However, nothing in §§ 31-5-23 to 31-5-26, inclusive, prohibits the Department of Transportation from constructing highway maintenance shops if the negotiations with the local governing bodies fail to provide a satisfactory agreement for the construction or conversion of a joint facility.
Source: SL 1981, ch 224, § 3.
31-5-26. Supervision of design and construction of joint facilities.
The design and construction of a joint facility is under the supervision of the state engineer, as provided in § 5-14-2, is subject to the approval of the Transportation Commission and the governing body of the involved unit of government.
Source: SL 1981, ch 224, § 4.
31-6-1 to 31-6-9. Repealed .
31-7-1
Definition of terms.
31-7-2
Employment of personnel--Contracts in behalf of state--General powers of
department.
31-7-3
Cooperation with federal highway administration in location and construction of
interstate highways.
31-7-4
Location and alignment of interstate highways.
31-7-5
Acquisition of right-of-way, land, and materials.
31-7-6
Points of ingress and egress--Establishment and control.
31-7-7
Grade separations at intersections with other roads.
31-7-8
Control areas and points--Programming to permit use of new construction.
31-7-9
Marking of highways.
31-7-10
State highway funds used for construction.
31-7-11
Maintenance expenses--Sources of payment.
31-7-12
Expenditures segregated in annual report.
31-7-13
Local service roads--Maintenance by political subdivisions.
31-7-14
Trunk highway system unaffected.
31-7-15
Camping prohibited at rest areas on interstate system--Petty offense.
31-7-16
Activities constituting unlawful camping.
31-7-17
Temporary rest stops permitted--Time limit.
31-7-18
Additional fine for unlawful camping--Cost of repairs.
31-7-1. Definition of terms.
Terms used in this chapter mean:
(1) "National system of interstate highways," includes all highways that have been or may become eligible for development with funds provided by federal highway acts for use on the interstate system;
(2) "Control areas," a control area is a metropolitan area, first or second class municipality, or industrial center, defense installation, a topographic feature such as a mountain pass, a favorable river crossing, a hub road which would result in material traffic increment on the interstate route, a section of completed expressway, or a place on the common boundary of two states agreed to by the states concerned;
(3) "Intermediate control points," an intermediate control point is either end of an acceptable section on final location of an interstate route;
(4) "Department," the Department of Transportation.
Source: SL 1955, ch 104, § 2; SDC Supp 1960, § 28.0232; SL 2010, ch 145, § 48.
31-7-2. Employment of personnel--Contracts in behalf of state--General powers of department.
The department may employ such assistants, agents, engineers, and engineering consultants and to enter into such contractual relations in behalf of the state and to do and perform all such acts as are necessary for the public good agreeable to the provisions of this chapter.
Source: SL 1955, ch 104, § 3; SDC Supp 1960, § 28.0233 (5); SL 2010, ch 145, § 49.
31-7-3. Cooperation with federal highway administration in location and construction of interstate highways.
The department, in cooperation with the Federal Highway Administration of the United States Department of Transportation, or other agencies of the United States government, may locate and construct the South Dakota sections of the National System of Interstate Highways according to American Association of State Highway and Transportation Officials Standards peculiar to that system and shall operate and maintain the highways as toll-free facilities.
Source: SL 1955, ch 104, § 1; SDC Supp 1960, § 28.0231; SL 1984, ch 207, § 6; SL 2010, ch 145, § 50.
31-7-4. Location and alignment of interstate highways.
The department may determine the location of toll-free highways along alignments consistent with interstate highway standards.
Source: SL 1955, ch 104, § 3; SDC Supp 1960, § 28.0233 (1); SL 2010, ch 145, § 51.
31-7-5. Acquisition of right-of-way, land, and materials.
The department may acquire right-of-way, borrow pits, and other land and materials under the provisions of §§ 31-19-1 to 31-19-19, inclusive.
Source: SL 1955, ch 104, § 3; SDC Supp 1960, § 28.0233 (2); SL 2010, ch 145, § 52.
31-7-6. Points of ingress and egress--Establishment and control.
The department may designate locations and establish, limit, and control points of ingress and egress to ensure proper operation of highways of the national system of interstate highways and prohibit entrance to or egress from the highways at points not so designated.
Source: SL 1955, ch 104, § 3; SDC Supp 1960, § 28.0233 (3); SL 2010, ch 145, § 53.
31-7-7. Grade separations at intersections with other roads.
The department may construct grade separations at intersections with other public roads and to adjust the lines and grades of such other roads so as to accommodate the design of toll-free roads of the national system of interstate highways.
Source: SL 1955, ch 104, § 3; SDC Supp 1960, § 28.0233 (4); SL 2010, ch 145, § 54.
31-7-8. Control areas and points--Programming to permit use of new construction.
The department, in cooperation with the United States government and adjacent states, may establish control areas and control points between control areas as set forth in this chapter and program the construction on the interstate system in a manner that will permit use of new construction on sections connecting the intermediate control points.
Source: SL 1955, ch 104, § 4; SDC Supp 1960, § 28.0234; SL 2010, ch 145, § 55.
31-7-9. Marking of highways.
The department may mark the highways with the names or numbers that are selected for use as identification of the highways by the states through which the interstate routes pass.
Source: SL 1955, ch 104, § 4; SDC Supp 1960, § 28.0234; SL 2010, ch 145, § 56.
31-7-10. State highway funds used for construction.
The department may use such state highway funds as are required by federal highway acts for matching federal funds allocated for construction on the interstate system.
Source: SL 1955, ch 104, § 5; SDC Supp 1960, § 28.0235; SL 1963, ch 163; SL 2010, ch 145, § 57.
31-7-11. Maintenance expenses--Sources of payment.
Maintenance expense of the interstate system shall be from state highway funds. However, highway funds of counties, townships, and municipalities may be used in the maintenance of local service roads, overpasses, and underpasses constructed in connection with the interstate system, unless federal funds are made available for this purpose.
Source: SL 1955, ch 104, § 5; SDC Supp 1960, § 28.0235; SL 1963, ch 163; SL 2010, ch 145, § 58.
31-7-12. Expenditures segregated in annual report.
The Department of Transportation shall segregate in its annual report all expenditures related to the construction and maintenance of the interstate system.
Source: SL 1955, ch 104, § 5; SDC Supp 1960, § 28.0235; SL 1963, ch 163.
31-7-13. Local service roads--Maintenance by political subdivisions.
Counties, townships, and municipalities may expend highway funds for the maintenance of local service roads, overpasses, and underpasses constructed in connection with the interstate highway system upon assuming maintenance obligations by agreement with the department.
Source: SDC Supp 1960, § 28.0235 as added by SL 1963, ch 163; SL 2010, ch 145, § 59.
31-7-14. Trunk highway system unaffected.
The provisions of this chapter do not alter the duties of the department in laying out, constructing, or maintaining the state trunk highway system, nor do they prohibit or require that the interstate system follow or cease to follow any of the designated portions of the state trunk system.
Source: SL 1955, ch 104, § 6; SDC Supp 1960, § 28.0236; SL 2010, ch 145, § 60.
31-7-15. Camping prohibited at rest areas on interstate system--Petty offense.
No person may camp at any rest area established by the department within and adjacent to the national system of interstate highways in South Dakota. A violation of this section is a petty offense.
Source: SL 1973, ch 193, § 1; SL 2010, ch 145, § 61.
31-7-16. Activities constituting unlawful camping.
For the purposes of § 31-7-15, camping is defined as temporary lodging out-of-doors and presupposes the occupancy of a shelter, including any vehicle, designed or used for such purposes. A camper is defined as an occupant of any such shelter.
Source: SL 1973, ch 193, § 2.
31-7-17. Temporary rest stops permitted--Time limit.
No person temporarily resting in any vehicle is in violation of the provisions of § 31-7-15. For purposes of this section, temporarily resting means stopping, parking, or otherwise keeping or occupying any vehicle in a rest area, or any portion thereof not officially designated for camping, for not more than three consecutive hours or, if the driver of a commercial motor vehicle subject to the provisions of 49 C.F.R. Part 395, as of January 1, 2009, for not more than ten consecutive hours.
Source: SL 1973, ch 193, § 4; SL 2001, ch 158, § 1; SL 2010, ch 145, § 62.
31-7-18. Additional fine for unlawful camping--Cost of repairs.
Any person violating the provisions of § 31-7-15, in addition to the penalty provided by § 22-6-7, may be fined an amount as determined by the court which may be necessary to reimburse the department for the expense of repairing any damage to such rest area resulting from such violation.
Source: SL 1973, ch 193, § 3; SL 2010, ch 145, § 63.
31-8-1
Definition of controlled-access facility.
31-8-2
Commercial vehicles permitted or excluded.
31-8-3
Highway authorities permitted to establish facilities--Local control.
31-8-4
Regulations as to use.
31-8-5
Design--Separate roadways, markers.
31-8-6
Ingress and egress restricted to designated points.
31-8-7
Manner of acquiring property or property rights.
31-8-8
Acquisition of property in entire tracts.
31-8-9
Precedence of condemnation cases.
31-8-10
New or existing facilities included.
31-8-11
Elimination of grade crossings.
31-8-12
Public way connected with facility--Consent of highway authority required.
31-8-13
Power of highway authorities to enter into agreements.
31-8-14
Local service roads.
31-8-15
Unlawful use of facilities--Acts constituting.
31-8-15.1
Meaning of recovery vehicle.
31-8-15.2
When recovery vehicle not to cross median of divided highway--Violation as
misdemeanor.
31-8-16
Commercial establishment on right-of-way prohibited--Exception--Violation as
misdemeanor.
31-8-17
Superseded.
31-8-18
Payment for trash collection required in license contract with visually impaired vendor.
31-8-1. Definition of controlled-access facility.
For the purposes of this chapter, a controlled-access facility is defined as a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason.
Source: SL 1953, ch 155, § 2; SDC Supp 1960, § 28.09A02.
31-8-2. Commercial vehicles permitted or excluded.
Any highway or street constituting a controlled-access facility may be a freeway open to use by all customary forms of street and highway traffic or the highway or street may be a parkway from which trucks, buses, and other commercial vehicles are excluded.
Source: SL 1953, ch 155, § 2; SDC Supp 1960, § 28.09A02; SL 2010, ch 145, § 64.
31-8-3. Highway authorities permitted to establish facilities--Local control.
The highway authorities of the state, counties, and municipalities, acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, may plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use wherever the authority is of the opinion that traffic conditions, present or future, will justify the special facilities. However, within a municipality that authority is subject to any municipal consent as may be required by law.
Source: SL 1953, ch 155, § 3; SDC Supp 1960, § 28.09A03; SL 2010, ch 145, § 65.
31-8-4. Regulations as to use.
Highway authorities of the state, counties, and municipalities may regulate, restrict, or prohibit the use of controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with §§ 31-8-1 and 31-8-2.
Source: SL 1953, ch 155, § 3; SDC Supp 1960, § 28.09A03; SL 1987, ch 210, § 9; SL 1992, ch 60, § 2.
31-8-5. Design--Separate roadways, markers.
The highway authorities of the state, counties, and municipalities may design any controlled-access facility and regulate, restrict, or prohibit access as to best serve the traffic for which the facility is intended. In this connection the highway authorities may divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating separate roadways by signs, markers, stripes, and the proper lane for traffic by appropriate signs, markers, stripes, and other devices.
Source: SL 1953, ch 155, § 4; SDC Supp 1960, § 28.09A04; SL 2010, ch 145, § 66.
31-8-6. Ingress and egress restricted to designated points.
No person has any right of ingress or egress to, from or across any controlled-access facility to or from any abutting land, except at any designated point at which access may be permitted.
Source: SL 1953, ch 155, § 4; SDC Supp 1960, § 28.09A04; SL 2010, ch 145, § 67.
31-8-7. Manner of acquiring property or property rights.
For the purposes of this chapter, the highway authorities of the state, counties, or municipalities may acquire private or public property rights for any controlled-access facility and service road, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation as may be authorized by law to acquire such property or property rights in connection with any highway and street within their respective jurisdictions.
Source: SL 1953, ch 155, § 5; SDC Supp 1960, § 28.09A05; SL 2010, ch 145, § 68.
31-8-8. Acquisition of property in entire tracts.
In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or service road in connection therewith, the state, county, city, or town highway authority may acquire an entire lot, block, or tract of land, if, by so doing, the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way proper.
Source: SL 1953, ch 155, § 5; SDC Supp 1960, § 28.09A05; SL 2010, ch 145, § 69.
31-8-9. Precedence of condemnation cases.
Any court proceeding necessary to acquire property or property rights for purposes of this chapter may take precedence over all other causes not involving the public interest in all courts, to the end that the provision of controlled-access facilities may be expedited.
Source: SL 1953, ch 155, § 6; SDC Supp 1960, § 28.09A06; SL 2010, ch 145, § 70.
31-8-10. New or existing facilities included.
The highway authority of the state, county, or municipality may designate and establish any controlled-access highway as a new and additional facility or may designate and establish an existing street or highway as included within a controlled-access facility.
Source: SL 1953, ch 155, § 7; SDC Supp 1960, § 28.09A07; SL 2010, ch 145, § 71.
31-8-11. Elimination of grade crossings.
The state or any of its subdivisions may provide for the elimination of intersections at grade of controlled-access facilities with existing state and county roads, and city or town streets, by grade separation or service road, or by closing off the roads and streets at the right of way boundary line of such controlled-access facility. After the establishment of any controlled-access facility, no highway or street which is not a part of the facility may intersect the facility at grade.
Source: SL 1953, ch 155, § 7; SDC Supp 1960, § 28.09A07; SL 2010, ch 145, § 72.
31-8-12. Public way connected with facility--Consent of highway authority required.
No municipal street, county or state highway, or other public way may be opened into or connected with any controlled-access facility without the consent and previous approval of the highway authority in the state, county, or municipality having jurisdiction over the controlled-access facility. The consent and approval shall be given only if the public interest is served thereby.
Source: SL 1953, ch 155, § 7; SDC Supp 1960, § 28.09A07; SL 2010, ch 145, § 73.
31-8-13. Power of highway authorities to enter into agreements.
The highway authorities of the state, counties, or municipalities may enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of a controlled-access facility or other public way in their respective jurisdictions to facilitate the purpose of this chapter.
Source: SL 1953, ch 155, § 8; SDC Supp 1960, § 28.09A08; SL 2010, ch 145, § 74.
31-8-14. Local service roads.
In connection with the development of any controlled-access facility the state, county, or municipal highway authorities may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or designate as local service roads and streets any existing road or street, and exercise jurisdiction over service roads in the same manner as is authorized over any controlled-access facility under the terms of this chapter, if, in their opinion, the local service roads and streets are necessary or desirable. The local service road or street shall be of appropriate design, and they shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper authority.
Source: SL 1953, ch 155, § 9; SDC Supp 1960, § 28.09A09; SL 2010, ch 145, § 75.
31-8-15. Unlawful use of facilities--Acts constituting.
It is a Class 2 misdemeanor for any person:
(1) To drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities;
(2) To make a left turn or semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line. No such turn may be made through an opening in the dividing curb section, separation, or line which has been designated and marked for use by maintenance and authorized vehicles only. Maintenance and authorized vehicles may use such openings in dividing curb sections, separation, or lines for parking or turning. Maintenance vehicles include all vehicles used in the maintenance of the highways of this state and authorized vehicles include all law enforcement vehicles, fire vehicles, civil defense rescue vehicles, ambulances and recovery vehicles as defined by § 31-8-15.1 which are responding to a call for assistance;
(3) To drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line;
(4) To drive any vehicle into the controlled-access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility proper.
Source: SL 1953, ch 155, § 10; SL 1959, ch 141; SDC Supp 1960, §§ 28.09A10, 28.9921; SL 1963, ch 165; SDCL, § 31-8-17; SL 1972, ch 169; SL 1988, ch 234, § 1.
31-8-15.1. Meaning of recovery vehicle.
For the purposes of §§ 31-8-15 to 31-8-15.2, inclusive, a recovery vehicle is a motor vehicle which is specially equipped with a boom, winch, or wheel lift to tow, haul, or push a disabled motor vehicle. The recovery vehicle shall have amber beacon or flashing warning lights which shall be used as provided by § 32-17-10. The recovery vehicle shall also display the company's name in two inch letters on both sides of the vehicle in a location visible to the public.
Source: SL 1988, ch 234, § 2.
31-8-15.2. When recovery vehicle not to cross median of divided highway--Violation as misdemeanor.
A recovery vehicle may not cross the median of a divided highway when the towed vehicle has more than three axles. A violation of this section is a Class 2 misdemeanor.
Source: SL 1988, ch 234, § 3.
31-8-16. Commercial establishment on right-of-way prohibited--Exception--Violation as misdemeanor.
No automotive service station or other commercial establishment for serving motor vehicle users may be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for or in connection with, a controlled-access highway. This section does not apply to a vending facility allowed pursuant to § 31-29-83. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 141; SDC Supp 1960, §§ 28.09A10, 28.9921; SL 1963, ch 165; SDCL § 31-8-17; SL 1984, ch 211, § 1; SL 1986, ch 237, § 1; SL 1989, ch 21, § 151; SL 2010, ch 145, § 76; SL 2013, ch 129, § 1.
31-8-18. Payment for trash collection required in license contract with visually impaired vendor.
No vending facility may be licensed pursuant to the provisions of §§ 31-8-16, 31-29-83, and 31-32-13 unless the contract provides that ten percent of the gross receipts from the concession be paid to the Department of Transportation to defray the cost of trash collection.
Source: SL 1984, ch 211, § 3A.
31-9-1
Relinquishment of highways in national parks--Cession of jurisdiction.
31-9-2, 31-9-3. Repealed.
31-9-4
County roads used by National Forest Service--Cooperative agreement for joint
construction and use.
31-9-5
Repealed.
31-9-1. Relinquishment of highways in national parks--Cession of jurisdiction.
The Department of Transportation and the board of county commissioners of an affected county, may relinquish to the United States for use and construction and control of highways by the secretary of interior, acting through the national park service, all of the interest of the state and the county in such portions of public highways lying within the boundaries of national parks and national monuments. The relinquishment of interest in the highways shall operate as a cession to the United States of jurisdiction for highway purposes over such portions of the highways lying within said national parks or national monuments.
Source: SL 1957, ch 140, § 1; SDC Supp 1960, § 28.0241; SL 2010, ch 145, § 77.
31-9-4. County roads used by National Forest Service--Cooperative agreement for joint construction and use.
The board of county commissioners may enter into cooperative agreements with the Forest Service of the United States Department of Agriculture for the joint construction, maintenance, and use of roads located within the boundaries of the county, where such roads are used by the Forest Service in the protection, administration, and utilization of the national forests and are also used by communities or persons within or adjacent to such national forests in the use and development of the resources thereof or where such roads otherwise serve the needs of the public. Costs incurred by the county pursuant to the provisions of this section shall be appropriated from the county general fund.
Source: SL 1966, ch 33, § 1; SL 1985, ch 77, § 35.
31-10-1
Definition of terms.
31-10-2
Boundary state highway bridge and bridge defined.
31-10-3
Acquisition and maintenance of boundary state highway bridges.
31-10-4
Condemnation proceedings.
31-10-5
Contracts with adjoining states, persons, or corporations.
31-10-6
Acquisition or construction of bridge--Adjoining state to furnish proportionate share.
31-10-7
Highway funds used for boundary line bridge.
31-10-8
Collection of tolls--Duration--Credit to state highway fund.
31-10-9
Agreement for purchase or construction--Payments--Interest.
31-10-10
Liability for payments limited to state highway fund.
31-10-11
Contract for purchase by department--Prior appraisal.
31-10-12
Toll bridges--Acceptance of title by state--Conditions.
31-10-13
Toll-free operation of acquired bridge.
31-10-14
Maintenance of acquired bridge.
31-10-15
Operation cost of acquired bridge--Payment from state highway fund.
31-10-16
Agreements with adjoining state to share operational cost.
31-10-1. Definition of terms.
Terms used in this chapter mean:
(1) "Bridge," a structure, including supports, erected over a depression or an obstruction, as water, highway, or railway, the structure having a length measured along the center of the roadway of more than twenty feet between undercopings of abutments or extreme ends of openings for multiple boxes and pipes where the clear distance between openings is less than half of the smaller contiguous opening;
(2) "Culvert," any structure not classified as a bridge which provides an opening under any roadway;
(3) "Department," the Department of Transportation.
Source: SL 1953, ch 153; SDC Supp 1960, § 28.1441; SL 2010, ch 145, § 80.
31-10-2. Boundary state highway bridge and bridge defined.
For the purposes of §§ 31-10-2 to 31-10-11, inclusive, the following terms mean:
(1) "Boundary state highway bridge," a highway bridge over a stream, river, or lake on the boundary line between the State of South Dakota and an adjoining state, which bridge is located or to be located on a state highway or an extension of such highway and constitutes or will constitute a connecting link between the state highway system of this state and an adjoining state;
(2) "Bridge," in addition to its ordinary meaning, the term includes the substructure, superstructure, approach spans, approach fills and roadway, right-of-way, and all other items necessary to make such structure complete and accessible to traffic.
Source: SL 1947, ch 132, § 1; SDC Supp 1960, § 28.1425; SL 2010, ch 145, § 81.
31-10-3. Acquisition and maintenance of boundary state highway bridges.
The department may acquire by purchase or condemnation, construct, and maintain boundary state highway bridges.
Source: SL 1947, ch 132, § 2; SDC Supp 1960, § 28.1426; SL 2010, ch 145, § 82.
31-10-4. Condemnation proceedings.
In the purchase, acquisition, construction, or maintenance under §§ 31-10-2 to 31-10-11, inclusive, of any boundary state highway bridge or approaches thereto, the department may purchase, or institute and maintain proceedings for the condemnation of the necessary right-of-way therefor. All the provisions of the law relating to the condemnation of real or personal property for public state purposes apply and may be exercised by the department for the carrying out of the purposes of §§ 31-10-2 to 31-10-11, inclusive.
Source: SL 1947, ch 132, § 7; SDC Supp 1960, § 28.1431; SL 2010, ch 145, § 83.
31-10-5. Contracts with adjoining states, persons, or corporations.
The Department of Transportation may enter into agreements or contracts with the proper authorities of the states which adjoin the State of South Dakota, subdivisions of such states, or companies, corporations, or persons relative to the purchase or condemnation, construction, or maintenance of boundary state highway bridges.
Source: SL 1947, ch 132, § 3; SDC Supp 1960, § 28.1427.
31-10-6. Acquisition or construction of bridge--Adjoining state to furnish proportionate share.
The department may not purchase, acquire by condemnation, or construct any bridge under the provisions of §§ 31-10-2 to 31-10-11, inclusive, until such time as the adjoining and contracting state furnishes its proportionate share of the purchase price or cost of construction, or signify its intention, by and through its proper department, of acquiring title through the exercise of the power of eminent domain of the portion of any existing bridge situate in the adjoining state.
Source: SL 1947, ch 132, § 4; SDC Supp 1960, § 28.1428; SL 2010, ch 145, § 84.
31-10-7. Highway funds used for boundary line bridge.
All expenditures under and by virtue of the provisions of §§ 31-10-2 to 31-10-11, inclusive, shall be paid out of the funds of the Department of Transportation.
Source: SL 1947, ch 132, § 4; SDC Supp 1960, § 28.1428.
31-10-8. Collection of tolls--Duration--Credit to state highway fund.
Any bridge purchased or constructed under §§ 31-10-2 to 31-10-11, inclusive, shall be free from tolls. However, tolls may be collected on the traffic crossing the bridge until such time as the net sum of tolls so collected plus funds paid as provided in §§ 31-10-6 and 31-10-7, equals the cost of the structure plus a reasonable rate of interest on deferred installments of the cost. The portion of the net tolls collected on the bridge, going to the State of South Dakota shall be credited to the state highway fund.
Source: SL 1947, ch 132, § 5; SDC Supp 1960, § 28.1429; SL 2010, ch 145, § 85.
31-10-9. Agreement for purchase or construction--Payments--Interest.
Any agreement entered into under §§ 31-10-2 to 31-10-11, inclusive, by the department, for the purchase or construction of any bridge, may provide for one or more annual payments, but not exceeding ten. A reasonable rate of interest may be paid on deferred installments to be paid under any agreement.
Source: SL 1947, ch 132, § 6; SDC Supp 1960, § 28.1430; SL 2010, ch 145, § 86.
31-10-10. Liability for payments limited to state highway fund.
The State of South Dakota is under no obligation to make any payments on account of any agreement entered into under §§ 31-10-2 to 31-10-11, inclusive, out of any fund other than the state highway fund.
Source: SL 1947, ch 132, § 6; SDC Supp 1960, § 28.1430; SL 2010, ch 145, § 87.
31-10-11. Contract for purchase by department--Prior appraisal.
Before the department enters into any contract for the purchase of any bridge, under the provisions of §§ 31-10-2 to 31-10-11, inclusive, an appraisal shall be made of the bridge and its approaches, or the portion of the bridge and approach thereto situate in this state. No contract may be entered into or any money used for such purchase exceeding the appraised value of that portion of the bridge situate within the State of South Dakota.
Source: SL 1947, ch 132, § 8; SDC Supp 1960, § 28.1432; SL 2010, ch 145, § 88.
31-10-12. Toll bridges--Acceptance of title by state--Conditions.
The State of South Dakota, by and through the department, may accept title to and responsibility for the repair, maintenance, and ownership of that portion of any existing toll bridge situated within the boundaries of the State of South Dakota, if:
(1) That portion of the bridge is offered to this state by its owners free of existing bonded indebtedness and current costs of operation; and
(2) Any adjoining state in which the remainder of the bridge is situated signifies its intention, by and through its proper governmental instrumentality, having control and supervision over state bridges, of accepting title to and responsibility for the repair, maintenance, and ownership of the portion of the bridge situated in the adjoining state.
Source: SL 1953, ch 320, § 1; SDC Supp 1960, § 28.1442; SL 2010, ch 145, § 89.
31-10-13. Toll-free operation of acquired bridge.
Subsequent to the acceptance of title to and responsibility for that portion of any bridge, in the manner set forth in § 31-10-12, the department may operate the bridge, in conjunction with the proper governmental authority of an adjoining state, free of tolls.
Source: SL 1953, ch 320, § 2; SDC Supp 1960, § 28.1443; SL 2010, ch 145, § 90.
31-10-14. Maintenance of acquired bridge.
The department shall repair and maintain and assume ownership of that part of any bridge situated within the State of South Dakota after acceptance as provided in § 31-10-12.
Source: SL 1953, ch 320, § 3; SDC Supp 1960, § 28.1444; SL 2010, ch 145, § 91.
31-10-15. Operation cost of acquired bridge--Payment from state highway fund.
The cost of operation and maintenance of that part of any bridge situated within the State of South Dakota after acceptance, as provided in § 31-10-12, shall be paid by the department out of the state highway fund.
Source: SL 1953, ch 320, § 4; SDC Supp 1960, § 28.1445; SL 2010, ch 145, § 92.
31-10-16. Agreements with adjoining state to share operational cost.
The department may enter into a reciprocity agreement and any other agreement with the proper governmental authorities of an adjoining state for the sharing of the cost of joint operation, repair, and maintenance pursuant to § 31-10-13.
Source: SL 1953, ch 320, § 4; SDC Supp 1960, § 28.1445; SL 2010, ch 145, § 93.
31-11-1
Employment of county highway superintendent--Salary--Tenure.
31-11-2
Repealed.
31-11-3
Duties of county superintendent--Compliance with rules.
31-11-4
Employment of engineer by superintendent.
31-11-5
Repealed.
31-11-6
Cost records maintained by superintendent--Destruction.
31-11-7
Annual inventory of county road building equipment and supplies--Destruction of records.
31-11-8 to 31-11-27.
Repealed.
31-11-28
Lease to contractors of county and township road equipment.
31-11-29 to 31-11-32.
Repealed.
31-11-33 to 31-11-40.
Repealed.
31-11-41
Petition for county maintenance on private roads.
31-11-42
Hearing on petition for maintenance of private roads--Notice.
31-11-43
Determination on maintenance contract for private roads--Cost of
maintenance.
31-11-44
Annual hearing on maintenance continuation of private roads.
31-11-45
Maximum maintenance authorization on private roads.
31-11-1. Employment of county highway superintendent--Salary--Tenure.
The board of county commissioners at its discretion may employ a county highway superintendent, the salary and expenses to be fixed and allowed by the board of county commissioners, to be paid out of the motor vehicle fund of the county. No member of the board of county commissioners shall be appointed as county highway superintendent. The tenure of office of the county highway superintendent may be terminated at any time by resolution of the board of county commissioners upon thirty days' notice, but unless so terminated, the tenure of office shall be for two years.
Source: SL 1919, ch 333, § 15; SL 1920 (SS), ch 89; SL 1921, ch 388; SL 1927, ch 138; SL 1933, ch 119; SDC 1939, § 28.0304; SL 1951, ch 137.
31-11-3. Duties of county superintendent--Compliance with rules.
The county superintendent of highways shall perform all duties imposed upon him by the county commissioners and shall comply with all regulations and requirements of the county commissioners.
Source: SL 1919, ch 333, § 19; SDC 1939, § 28.0305; SL 1953, ch 145.
31-11-4. Employment of engineer by superintendent.
In cases where the county superintendent of highways is not an engineer he shall have power and authority with the approval of the county commissioners to employ an engineer whenever necessary to survey and to do other engineering work.
Source: SL 1919, ch 333, § 19; SDC 1939, § 28.0305; SL 1953, ch 145.
31-11-6. Cost records maintained by superintendent--Destruction.
The county highway superintendent shall keep a detailed record of the cost of any work on any section of the highway, bridge, tile, or culvert construction, repair work, or materials therefor done under his supervision by the county, by day labor and shall immediately upon the completion of each piece of work file the record with the county auditor, showing in detail the cost of all labor, materials, repairs, repair materials, hauling, inspection costs, and a proper proportion of the yearly equipment depreciation and repair charges for the county road building equipment, rental of machinery and every other item of cost. However, the county auditor may destroy any record which the records destruction board, acting pursuant to § 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source: SL 1927, ch 138; SL 1933, ch 119; SDC 1939, § 28.0304; SL 1951, ch 137; SL 1981, ch 45, § 19.
31-11-7. Annual inventory of county road building equipment and supplies--Destruction of records.
The county highway superintendent shall prepare and file with the county auditor not later than the fifth of January of each year a true and correct inventory of all road building equipment, supplies, and materials on hand together with his estimate of its present value. However, the county auditor may destroy any record which the records destruction board, acting pursuant to § 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source: SL 1927, ch 138; SL 1933, ch 119; SDC 1939, § 28.0304; SL 1951, ch 137; SL 1981, ch 45, § 20.
31-11-28. Lease to contractors of county and township road equipment.
The board of supervisors of any township or a board of county commissioners may lease to a contractor any scraper, grader, or other road tools or machinery belonging to the township or county.
Source: SL 1911, ch 221, § 20; RC 1919, § 8566; SDC 1939, § 28.0118.
31-11-41. Petition for county maintenance on private roads.
Any resident of a county may petition the board of county commissioners to hold a public hearing on whether the county should contract with owners of private roads within the county for the county to provide maintenance on private roads.
Source: SL 1994, ch 238, § 1.
31-11-42. Hearing on petition for maintenance of private roads--Notice.
If the board of county commissioners receives a petition pursuant to § 31-11-41, the board shall schedule a public hearing to be held within thirty days of receipt of such petition. The board of county commissioners shall publish a notice of such hearing once a week for two successive weeks in the legal newspapers of the county.
Source: SL 1994, ch 238, § 2.
31-11-43. Determination on maintenance contract for private roads--Cost of maintenance.
At a hearing held pursuant to §§ 31-11-42 and 31-11-44, the board of county commissioners shall take public testimony on the question of whether the county should contract with the owners of private roads within the county for the county to provide maintenance on such roads. If, after the hearing, the board determines that it is in the best interests of the residents of the county for the county to maintain private roads, the board may authorize the highway superintendent to enter into contracts for the maintenance of private roads by the county. The contract may not include a per hour cost of the maintenance which is less than the county's total cost for such maintenance. No contract may be for more than six hours of maintenance per year for any one person.
Source: SL 1994, ch 238, § 3.
31-11-44. Annual hearing on maintenance continuation of private roads.
The board of county commissioners shall annually hold a public hearing on the continuance of the maintenance of private roads by the county. Such hearing shall be published pursuant to § 31-11-42.
Source: SL 1994, ch 238, § 4.
31-11-45. Maximum maintenance authorization on private roads.
If the board of county commissioners agrees to maintain private roads pursuant to §§ 31-11-41 to 31-11-44, inclusive, the board may establish a maximum number of hours of maintenance, or miles of road that the board will authorize.
Source: SL 1994, ch 238, § 4A.
CHAPTER 31-12
COUNTY HIGHWAY SYSTEMS
31-12-1 Established highway systems perpetuated.
31-12-2 Change of county highway system--Order of Department of Transportation.
31-12-3 31-12-3, 31-12-4. Repealed by SL 1974, ch 201
31-12-5 Supervision of construction, improvement, maintenance, and repair of system.
31-12-6 County system at expense of entire county--Tax levy.
31-12-7 Division of system into sections--Recording in county road book or database.
31-12-8 Survey and report by superintendent on condition of system and structures.
31-12-9 Survey, plans, specifications, and estimates for permanent improvements.
31-12-10 31-12-10. Repealed by SL 2018, ch 168, § 17.
31-12-11 Commencement of construction work.
31-12-12 Small projects--Advertising, private contract, or county work permitted.
31-12-13 Large projects--Advertising for bids or built by day labor--Rejection of bids.
31-12-14 Deadline for bids--Advertisement--Rejection of bids.
31-12-15 Written contract--Performance bond.
31-12-16 Progress payments permitted.
31-12-17 Superintendent's approval of bills before payment.
31-12-18 Width of culverts.
31-12-19 31-12-19. Repealed by SL 2002, ch 142, § 1
31-12-20 31-12-20. Repealed by SL 1978, ch 50, § 6
31-12-21 31-12-21 to 31-12-23. Repealed by SL 2018, ch 168, §§ 20 to 22.
31-12-24 Supervision of maintenance work by superintendent--Payments from road and bridge fund.
31-12-25 Establishment of witness corners required--Violation as petty offense.
31-12-26 Responsibility for secondary roads in unorganized territory.
31-12-27 Tax levy for secondary roads in unorganized territory.
31-12-27.1 Contracts with residents for county road construction and maintenance--Petition--Work performed by highway department or private contract--Payment.
31-12-28 31-12-28 to 31-12-40. Repealed by SL 2018, ch 168, §§ 23 to 35.
31-12-41 Contracts for county maintenance of streets and alleys in municipalities.
31-12-42 Vehicle license collections to be used outside municipalities.
31-12-43 Indemnity required for construction or survey work within road right-of-way.
31-12-44 Repairs for wind and water erosion assessed to private landowner.
31-12-45 Approval of conservation district for repair of erosion damage--declaration--notice to landowner.
31-12-46 Minimum maintenance roads established.
31-12-47 Posting notification of minimum maintenance road.
31-12-48 Designation of no maintenance highway--Removal of manmade obstruction.
31-12-49 Posting of signs along no maintenance highway.
31-12-50 No maintenance highway open to public access--No duty to maintain or improve.
31-12-1. Established highway systems perpetuated.
The county highway system as heretofore designated and established in each organized county of the state is hereby perpetuated.
Source: SL 1919, ch 333, § 10; SDC 1939, § 28.0301.
31-12-2. Change of county highway system--Order of Department of Transportation.
Except for minimum maintenance roads established pursuant to § 31-12-46, no county highway system may be changed, altered, or modified except by authority of and in accordance with a written executive order of the Department of Transportation. Any such change shall be shown on the map of the county highway system in an office designated by the board of county commissioners and on such map in the Department of Transportation.
Source: SDC 1939, § 28.0302; SL 1941, ch 129; SL 1997, ch 176, § 3; SL 2013, ch 130, § 1.
31-12-5. Supervision of construction, improvement, maintenance, and repair of system.
The construction, improvement, maintenance, and repair of the county highway system, except as provided for state trunk highways shall be under the supervision of the county superintendent of highways in organized counties, who shall formulate and direct the policy of the county for the construction, improvement, maintenance, and repair of the county highway system.
Source: SL 1919, ch 333, § 16; SDC 1939, § 28.0303.
31-12-6. County system at expense of entire county--Tax levy.
The county highway system shall be permanently constructed and improved, and shall be maintained and repaired at the expense of the whole county, and the funds necessary therefor shall be levied and collected in the same manner as other county taxes, and it shall be the duty of the board of county commissioners to determine upon and make such levy in the manner now provided by law.
Source: SL 1919, ch 333, § 16; SDC 1939, § 28.0303.
31-12-7. Division of system into sections--Recording in county road book or database.
The county highway superintendent shall maintain in a county road book or database a complete record of the divisions of the county highway system into sections, each section being designated by some appropriate number, name, or letter, and the starting point and terminus of each section being clearly designated at length.
Source: SL 1919, ch 333, § 20; SDC 1939, § 28.0306; SL 2018, ch 168, § 15.
31-12-8. Survey and report by superintendent on condition of system and structures.
The board of county commissioners may, if it deems it expedient, direct the county highway superintendent to make or cause to be made a survey and report upon all or parts of the county highway system for the purpose of ascertaining the condition of the parts thereof and of obtaining a record of existing structures and their condition.
Source: SL 1919, ch 333, § 20; SDC 1939, § 28.0306.
31-12-9. Survey, plans, specifications, and estimates for permanent improvements.
Before any permanent improvement is undertaken upon the county highway system, the county highway superintendent shall, under the general direction of the board of county commissioners where deemed necessary, make or have made a survey and prepare or have prepared plans, specifications, and estimates for the improvement. Unless the county has adopted its own standards, the survey, plans, specifications, and estimates shall be prepared according to standards to be prescribed by the Transportation Commission, and shall be on the basis and with the object in view of permanent improvement, each as to bridge, culvert, tile, and road work.
Source: SL 1919, ch 333, § 20; SDC 1939, § 28.0306; SL 2018, ch 168, § 16.
31-12-11. Commencement of construction work.
After the survey and plan for each section of the county highway system has been prepared by or for the county highway superintendent, and specifications and an estimate of the cost therefor also prepared and approved by the board of county commissioners, such board of county commissioners may thereupon proceed as provided in this chapter with the construction of the road, tile, and culvert work in accordance therewith.
Source: SL 1919, ch 333, § 23; SDC 1939, § 28.0308.
31-12-12. Small projects--Advertising, private contract, or county work permitted.
Any road, tile, or culvert construction, repair work, or materials upon the county highway system, for which the county highway superintendent's estimated cost equals or is less than the amount provided for in § 5-18A-14, may be advertised and let at a public letting by the board of county commissioners, may be let privately at a cost not to exceed the county highway superintendent's estimate, or may be built by day labor.
Source: SDC 1939, § 28.0309; SL 1972, ch 32, § 3; SL 1982, ch 223, § 1A; SL 1987, ch 211, § 1; SL 2011, ch 2, § 133.
31-12-13. Large projects--Advertising for bids or built by day labor--Rejection of bids.
Any road, tile, or culvert construction, repair work, or materials on the county highway system, for which the county highway superintendent's estimated cost exceeds the amount provided in § 5-18A-14, shall be advertised and let at a public letting by the board of county commissioners or may be built by day labor. The board may reject all bids, in which case the board may readvertise and let at a public letting.
Source: SDC 1939, § 28.0309; SL 1982, ch 223, § 2; SL 1987, ch 211, § 2; SL 2011, ch 2, § 134; SL 2018, ch 168, § 18.
31-12-14. Deadline for bids--Advertisement--Rejection of bids.
If the cost of any road, bridge, tile, or culvert construction, repair work, or materials upon a county highway system or secondary roads exceeds the amount provided for in § 5-18A-14 or any less amount for which work bids are to be called for, and after plans and specifications therefor have been prepared and filed in the office of the county auditor, the board having charge shall designate a time not less than twenty days from the date of such filing, at which sealed bids for such work or materials will be received. The board shall cause notice thereof to be published once each week for two successive weeks in one of the official newspapers of the county. The notice shall state where plans and specifications may be examined, when and where bids will be opened, a brief statement of the principal items of work and materials contemplated by the improvement, and the location of the same, the amount of the certified check or bidder's bond to be required, and such further notice as the board having supervision may deem advisable. Bids may be received at any special or regular meeting of the board. The board may refuse to accept any bids submitted.
Source: SDC 1939, § 28.0115; SL 1972, ch 32, § 4; SL 1982, ch 223, § 1B; SL 1987, ch 211, § 3; SL 1993, ch 218, § 1; SL 2011, ch 2, § 135.
31-12-15. Written contract--Performance bond.
When any bid, as provided for in § 31-12-14 has been accepted, the board of county commissioners, county highway board, or board of township supervisors, as the case may be, shall enter into a contract with the person whose bid has been accepted. The contract shall be in writing specifying the work to be done or the materials to be furnished, or both, the time for completion, and the contract price or rate of payments. The board shall require the person receiving the contract to furnish a bond with approved sureties, and in an amount the board considers sufficient, conditioned upon the faithful performance of the contract according to the plans and specifications.
Source: SL 1919, ch 333, § 26; SDC 1939, § 28.0116; SL 1984, ch 207, § 38.
31-12-16. Progress payments permitted.
On any contracts provided for in § 31-12-15, partial payments may be made during the progress of the work upon estimates prepared by the county highway superintendent, but in no case shall partial payments exceed ninety percent of the value of the labor and materials incorporated in the work, or materials furnished, as the case may be.
Source: SL 1919, ch 333, § 27; SDC 1939, § 28.0117; SL 1966, ch 81.
31-12-17. Superintendent's approval of bills before payment.
All bills for road construction work on the county highway system shall be filed in itemized form and certified to by the county highway superintendent before being allowed by the board of county commissioners, and before warrants in payment therefor are drawn by the county auditor.
Source: SL 1919, ch 333, § 28; SDC 1939, § 28.0310.
31-12-18. Width of culverts.
Each culvert constructed on the county highway system shall have a width of not less than twenty-four feet.
Source: SL 1919, ch 333, § 20; SDC 1939, § 28.0306; SL 2018, ch 168, § 19.
31-12-24. Supervision of maintenance work by superintendent--Payments from road and bridge fund.
The county highway superintendent is hereby charged with the actual direction and supervision of all maintenance work in the county and shall keep a record of the costs of such work and certify to the correctness of all claims for such work, except for the purchase of machinery.
Payment for maintenance work shall be made on warrants drawn upon the county road and bridge fund.
Source: SL 1919, ch 333, § 43; SDC 1939, § 28.0312.
31-12-25. Establishment of witness corners required--Violation as petty offense.
Whenever it may become necessary in grading highways to make a cut which will disturb or destroy, or a fill which will cover up, a government or other established corner, it shall be the duty of the county highway superintendent to establish permanent witness corners and make a record of the same, which shall show the distance and directions the witness corner is from the corner disturbed or covered up. Any county highway superintendent who fails to perform his duty under this section commits a petty offense.
Source: SL 1919, ch 333, § 21; SDC 1939, §§ 28.0307, 28.9902.
31-12-26. Responsibility for secondary roads in unorganized territory.
Each board of county commissioners and county superintendent of highways in organized counties shall construct, repair, and maintain all secondary roads within the counties not included in any municipality, organized civil township, improvement district organized pursuant to chapter 7-25A, or county road district organized pursuant to chapter 31-12A.
Source: SDC 1939, § 28.0408; SL 1992, ch 60, § 2; SL 1995, ch 170, § 1; SL 2011, ch 136, § 1.
31-12-27. Tax levy for secondary roads in unorganized territory.
Each board of county commissioners may levy annually a tax upon the taxable property within the county not included in any municipality, organized civil township, improvement district organized pursuant to chapter 7-25A, or county road district organized pursuant to chapter 31-12A, to carry out the provisions of § 31-12-26. If a county levies a tax, the tax shall be certified, become payable and delinquent, and, if not paid, shall draw interest and penalty as other county taxes. The tax shall be used for such purposes.
Source: SDC 1939, § 28.0408; SL 1992, ch 60, § 2; SL 1995, ch 170, § 2; SL 2002, ch 143, § 1; SL 2011, ch 136, § 2.
31-12-27.1. Contracts with residents for county road construction and maintenance--Petition--Work performed by highway department or private contract--Payment.
Any county may contract with residents served by county roads for the construction, maintenance, and improvement of county roads or any portion thereof serving county residents. If the board of county commissioners, upon a petition by a resident within the county, filed in the office of the county auditor of the county, determines that it is in the best interest of the petitioner and in the public interest that the petitioner enter into an agreement in writing with the board of county commissioners of such county for the construction, maintenance, or improvement of county roads or any portion thereof, the board of county commissioners may enter into an agreement in writing with the petitioner to construct, maintain, or improve any such county road or portion thereof to be specifically designated, at and for a price to be paid to the county to be expressed in the agreement. If the board of county commissioners determines that it is in the public interest to enter into such an agreement, the board may do so and the county may, by and through its highway department and with the personnel and equipment thereof or by privately let contract pursuant to § 5-18A-9, perform or cause to be performed such construction, maintenance, and improvement specified in the written agreement under the supervision and control of the county highway superintendent. The prices specified in the contract shall be paid to the county or if privately let, to the person performing the work by the resident petitioning upon estimates certified to by the county highway superintendent.
Source: SL 1977, ch 240; SL 2011, ch 2, § 136.
31-12-41. Contracts for county maintenance of streets and alleys in municipalities.
Counties are authorized to contract with municipalities within their respective boundaries for the maintenance of public streets and alleys or any portion thereof within said municipalities. Whenever it shall be made to appear to the board of county commissioners of any county by a resolution of any municipality within the county, duly adopted, copy of which resolution shall be filed in the office of the county auditor of the county of which such municipality is located that it will be to the best interests of such municipality and in the public interest that the municipality enter into an agreement in writing with the board of county commissioners of such county for the maintenance of any public street or alley or any portion thereof, the board of county commissioners may, in its discretion, enter into an agreement in writing with the governing body of such municipality to maintain any such street or alley, to be specifically designated, at and for a price to be paid to the county to be expressed in the agreement for such maintenance. If it shall appear to the board of county commissioners that it will be to the public interest to enter into such an agreement, it shall be lawful for it so to do, and such county, by and through its highway department and with the personnel and equipment thereof, perform, or cause to be performed, for such municipality such maintenance specified in said agreement and such maintenance to be done under the supervision and control of the county highway superintendent. The prices specified in said contract shall be paid to the said county by the municipality upon estimates certified to by the county highway superintendent in the same manner as other obligations of the municipality are paid.
Source: SL 1945, ch 120, § 1; SDC Supp 1960, § 12.1809.
31-12-42. Vehicle license collections to be used outside municipalities.
The portion of the county road and bridge fund derived from motor vehicle license collections credited pursuant to § 32-11-4.1 shall be used by the board of county commissioners for constructing and maintaining county highways outside the limits of municipalities, and also for constructing and maintaining secondary roads.
Source: SL 1913, ch 276, § 32; SL 1915, ch 253, § 7; RC 1919, § 8664; SL 1919, ch 333, § 68; SL 1920 (SS), ch 89; SL 1925, ch 231; SDC 1939, § 28.0313; SL 2018, ch 168, § 36; SL 2021, ch 125, § 1.
31-12-43. Indemnity required for construction or survey work within road right-of-way.
A county may require any person performing construction or survey work within any county road right-of-way which may damage such right-of-way to furnish an indemnity bond in a reasonable amount as determined by the board of county commissioners to indemnify the county for any damage done beyond normal wear. However, if a registered professional engineer or a registered land surveyor is surveying land, as defined in 36-18A-4, for an individual landowner of the county, the provisions of this section do not apply.
Source: SL 1984, ch 213, § 2; SL 1987, ch 29, § 11.
31-12-44. Repairs for wind and water erosion assessed to private landowner.
If any landowner fails to prevent damage to the county's highway system caused by severe and persistent wind or water erosion on the landowner's property, the county may repair the damage and assess the cost of the repairs against the landowner. If the landowner fails to pay the cost of the repairs before the first day of November in the year in which the repairs are performed, the cost shall be assessed against the landowner's property.
Source: SL 1991, ch 233, § 1.
31-12-45. Approval of conservation district for repair of erosion damage--declaration--notice to landowner.
No operations to repair erosion damage pursuant to § 31-12-44 may be undertaken by the county unless the conservation district in which the land is located has by resolution approved such action and until a notice that the erosion on the lands constitutes a nuisance has been given to the owner by the county. Notice shall be given by personal service upon the owner or by personal service upon the person in actual possession of the premises, with a copy of the declaration filed in the office of the county auditor. The declaration shall state that unless the owner corrects the damage within thirty days of the declaration, repairs shall be undertaken by the county, and the cost shall be assessed against the landowner's property if not paid before the first of November. The resolution of assessment shall be recorded in the minutes of the board of county commissioners, the original delivered by the clerk of the board to the county auditor, and a copy sent by registered mail to the landowner at the address shown on the records of the county auditor and to the operator.
Source: SL 1991, ch 233, § 2; SL 1992, ch 203, § 1.
31-12-46. Minimum maintenance roads established.
The board of county commissioners may designate any road on the county highway system as a minimum maintenance road if the board determines that the road or a segment of the road is used only occasionally or intermittently for passenger and commercial travel. The board shall identify the beginning and end points of the road designated as minimum maintenance. A minimum maintenance road may be maintained at a level less than the minimum standards for full maintenance roads, but shall be maintained at the level required to serve the occasional or intermittent traffic.
Source: SL 1997, ch 176, § 1.
31-12-47. Posting notification of minimum maintenance road.
The board of county commissioners shall post signs on a minimum maintenance road to notify the motoring public that it is a minimum maintenance road and that the public travels on the road at its own risk. The signs shall be posted at the entry points to and at regular intervals along a minimum maintenance road. A properly posted sign shall be prima facie evidence that adequate notice of a minimum maintenance road has been given to the motoring public.
Source: SL 1997, ch 176, § 2.
31-12-48. Designation of no maintenance highway--Removal of manmade obstruction.
For any highway or segment of a highway the board of county commissioners determines, after public notice, is used less than is required for designation as a minimum maintenance highway under § 31-12-46, the board may designate the highway as a no maintenance highway. The board shall, by resolution, identify the beginning and end point of the highway or segment of a highway designated as no maintenance. The board does not have any responsibility or duty of care on a no maintenance highway designated under this section, except upon knowledge of a manmade obstruction, to require removal or remediation of the manmade obstruction if needed, to maintain public access.
Source: SL 2018, ch 172, § 1; SL 2019, ch 128, § 1.
31-12-49. Posting of signs along no maintenance highway.
The board of county commissioners shall post signs on a no maintenance highway designated under § 31-12-48 to notify the public that it is a no maintenance highway and that no travel is advised, and that the public travels at its own risk. The signs shall be posted at each entry point and at regular intervals along a no maintenance highway. A properly posted sign is prima facie evidence that adequate notice of a no maintenance highway has been given to the public.
Source: SL 2018, ch 172, § 2.
31-12-50. No maintenance highway open to public access--No duty to maintain or improve.
A no maintenance highway designated under § 31-12-48 is any highway that shall remain open to public access, but over which the board of county commissioners has no responsibility for maintenance or improvement, except as provided under § 31-12-48.
Source: SL 2018, ch 172, § 3; SL 2019, ch 128, § 2.
CHAPTER 31-12A
COUNTY ROAD DISTRICTS
31-12A-1 Incorporation of road district.
31-12A-1.1 Formation--Election--Qualification.
31-12A-1.2 Eligible voter and landowner defined.
31-12A-2 Application for organization of road district--Verified survey and map required.
31-12A-3 Filing of petition--Contents.
31-12A-4 Public examination of survey, map, and petition.
31-12A-5 31-12A-5. Repealed by SL 2014, ch 46, § 9.
31-12A-5.1 Territory within subdivision jurisdiction of municipality--Requirement for approval of petition.
31-12A-5.2 Transfer of jurisdiction over public highway to road district prohibited.
31-12A-6 Order declaring territory incorporated--Name of district--Election.
31-12A-7 31-12A-7 to 31-12A-9. Repealed by SL 1998, ch 36, §§ 12 to 14
31-12A-10 Incorporation of district by majority vote--Exclusion of agricultural property from district by notice to county auditor--Notation on survey and map.
31-12A-11 Order of incorporation--Order as conclusive of fact of incorporation.
31-12A-12 District as governmental subdivision and public body.
31-12A-13 Expenditure of county funds authorized for application and election costs--Expenditure of transportation department funds allocated to county.
31-12A-14 31-12A-14. Repealed by SL 1998, ch 36, § 17
31-12A-15 Annual election of officers--Time and place--Conduct.
31-12A-15.1 Notice of meeting and election--Contents--Notice upon vacancy.
31-12A-16 Election of trustees at large--Terms of office--Annual elections.
31-12A-17 Nominations for trustee--Certificates of nomination.
31-12A-18 Trustees not compensated--Election of president.
31-12A-19 Rules and regulations of trustees--Meetings--Quorum.
31-12A-20 Record of proceedings required of trustees.
31-12A-20.1 Sanitary district assuming road district powers.
31-12A-21 Powers of trustees.
31-12A-22 Power of trustees to pass and enforce ordinances and regulations.
31-12A-23 Certification to county auditor of delinquent charges for services--Penalty and interest--Tax sale--Referendum on assessment or bond issue.
31-12A-24 Trustee and employee interest in contracts or other dealings of district prohibited--Exception.
31-12A-25 Laws applicable to proceedings for constructing roads, borrowing money, making special assessments, and issuing bonds.
31-12A-25.1 Roads as public highways--Vehicle or traffic regulations may be enforced by law enforcement officer.
31-12A-26 Road work projects outside district's area.
31-12A-27 Dissolution of road district by petition of voters--Procedure.
31-12A-28 Dissolution of road district by trustees.
31-12A-29 Consolidated road districts authorized--Governing body to propose consolidation by resolution.
31-12A-30 Proposed consolidation submitted to eligible voters at special election.
31-12A-31 Resolution declaring consolidated road district.
31-12A-32 Consolidated board of trustees.
31-12A-33 Consolidated road district does not acquire property or obligations of included road districts.
31-12A-34 Consolidated road district authorized to contract for property.
31-12A-35 Directors authorized to adjust boundaries of district--Limitations.
31-12A-36 Annexation of area--Procedures.
31-12A-1. Incorporation of road district.
Any area outside the boundary of a municipality, which is situated so that the construction or maintenance of roads becomes desirable, may be incorporated as a road district pursuant to this chapter.
Source: SL 1977, ch 241, § 1; SL 1982, ch 224, § 1; SL 1998, ch 36, § 9; SL 1999, ch 150, § 1; SL 1999, ch 151, § 1; SL 2014, ch 46, § 4.
31-12A-1.1. Formation--Election--Qualification.
Notwithstanding any other provision of chapter 31-12A, an area with three or fewer landowners may be formed into a road district pursuant to this chapter. Each landowner shall be a trustee at large and no election of trustees is required.
After the district is incorporated and the number of landowners within the district is five or more, the district shall conduct an election pursuant to § 31-12A-16 to elect the board of trustees. The district shall conduct the election on the first Tuesday after the anniversary date of the formation of the district.
To serve as a trustee of a county road district that has one hundred or more eligible voters, the person shall be a resident and landowner of the district.
To serve as a trustee of a county road district with less than one hundred eligible voters, a person shall be a landowner who owns real property within the district.
Source: SL 1999, ch 150, § 2; SL 2000, ch 32, § 4; SL 2014, ch 46, § 6; SL 2021, ch 126, § 1.
31-12A-1.2. Eligible voter and landowner defined.
As used in this chapter, the term, eligible voter, has the meaning specified in this section. Only persons or public corporations that are landowners of land located within the proposed or existing road district are eligible to vote in the formation election or any subsequent election of a road district, except as provided in this chapter. An eligible voter may reside within or outside the district. Any firm, partnership, limited liability company, association, estate, or corporation that holds title to land located within the proposed or existing road district is entitled to one vote and may designate an officer or agent to vote on its behalf by presenting a written instrument to that effect to the election officials. The vote of any eligible voter who is a minor or a protected person as defined by § 29A-5-102, may be cast by the parent, conservator, or legal representative of the minor or protected person. However, if more than one person holds an interest in a lot, tract, or parcel of land, no more than one vote may be cast in any election with respect to any one lot, tract, or parcel of land, as the owners may among themselves determine.
As used in this chapter, the term, landowner, means any owner of land other than a governmental entity, as evidenced by records in the offices of the register of deeds and the clerk of courts in the county containing a proposed or existing road district. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county in which the land is situated, the individual purchaser of the land, as named in the contract for deed, is treated as the landowner.
Source: SL 2014, ch 46, § 5.
31-12A-2. Application for organization of road district--Verified survey and map required.
Any person making application for the organization of a road district shall first obtain an accurate survey and map of the territory intended to be embraced within the limits of the road district, showing the boundaries and area of the district. The accuracy of the survey and map shall be verified by the affidavit of the surveyor.
Source: SL 1977, ch 241, § 2; SL 2014, ch 46, § 7.
31-12A-3. Filing of petition--Contents.
Not less than twenty-five percent of the eligible voters as defined in § 31-12A-1.2 who own land lying within the limits of the territory proposed to be organized into a road district may file a petition with the board of county commissioners asking that a road district be organized to function in the territory described in the petition. The petition shall be filed with the county auditor and presented to the board of county commissioners for consideration at its next meeting. The petition shall conform with the requirements of § 6-16-2 and shall set forth:
(1) The proposed name of the road district;
(2) That there is need for road work in the territory described in the petition;
(3) A description of the territory proposed to be organized as a road district;
(4) A request that the board of county commissioners define the boundaries for the district; that a referendum be held within the territory so defined on the question of the creation of a road district in the territory; and that the board determine that such a district be created.
Source: SL 1977, ch 241, § 3; SL 1982, ch 224, § 2; SL 2014, ch 46, § 8.
31-12A-4. Public examination of survey, map, and petition.
Such survey, map, and petition when completed and verified shall be left at some convenient public place, to be designated by the county auditor of the county in which the application for incorporation is to be filed, within such territory for a period of not less than twenty days for examination by those having an interest in such application.
Source: SL 1977, ch 241, § 4.
31-12A-5.1. Territory within subdivision jurisdiction of municipality--Requirement for approval of petition.
If any territory is within the subdivision jurisdiction of a municipality, the petition for the incorporation described in § 31-12A-3 shall first be submitted to the municipality's governing body for approval at its discretion, and upon approval shall be presented to the county board of commissioners.
Source: SL 1982, ch 224, § 7A; SL 2021, ch 127, § 1.
31-12A-5.2. Transfer of jurisdiction over public highway to road district prohibited.
No political subdivision of the state may relinquish or transfer jurisdiction over any public highway to a road district.
Source: SL 1999, ch 151, § 13.
31-12A-6. Order declaring territory incorporated--Name of district--Election.
If the board of county commissioners is satisfied that the requirements of this chapter have been fully complied with, the board shall issue an order declaring that the territory shall, with the assent of the eligible voters, as specified in § 6-16-2, in an election as provided in § 6-16-4 to 6-16-6, inclusive, be an incorporated road district by the name specified in the petition. The name shall be different from that of any other road district in this state.
Source: SL 1977, ch 241, § 6; SL 1998, ch 36, § 11; SL 2014, ch 46, § 10.
31-12A-10. Incorporation of district by majority vote--Exclusion of agricultural property from district by notice to county auditor--Notation on survey and map.
If a majority vote in favor of the incorporation, the territory is deemed a road district by the name and style specified in the order of incorporation issued by the board of county commissioners; otherwise, no further proceedings may be taken. However, any owner of land classified as agricultural property for the purposes of taxation may exclude that property from the district by notifying the county auditor in writing within sixty days after the incorporation of the district. The district shall note any alterations to the district resulting from exclusion upon the survey and map filed pursuant to this chapter.
Source: SL 1977, ch 241, § 10; SL 1998, ch 36, § 15.
31-12A-11. Order of incorporation--Order as conclusive of fact of incorporation.
If satisfied with the legality of the election, the board of county commissioners shall issue an order declaring that the road district is incorporated by the name adopted. The order shall be conclusive of the fact of such incorporation in all suits by or against the road district.
Source: SL 1977, ch 241, § 11; SL 1998, ch 36, § 16.
31-12A-12. District as governmental subdivision and public body.
Such road district, created and established under this chapter, shall be a governmental subdivision of this state and a public body, corporate and politic.
Source: SL 1977, ch 241, § 13.
31-12A-13. Expenditure of county funds authorized for application and election costs--Expenditure of transportation department funds allocated to county.
The board of county commissioners is authorized to expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of this chapter, and of the holding of elections on the incorporation of road districts hereunder. The county board is also authorized to accept and expend any funds appropriated to the State Department of Transportation and allocated by that department to the county for these purposes.
Source: SL 1977, ch 241, § 12.
31-12A-15. Annual election of officers--Time and place--Conduct.
In each road district, after the initial election provided for in §§ 6-16-5 and 6-16-5.2, an annual election of officers shall be held on the first Tuesday in May at a place in the district as the board of trustees shall designate. Unless otherwise specified, the election shall be conducted according to chapter 8-3, at a meeting of the eligible voters of the road district.
Source: SL 1977, ch 241, § 16; SL 2002, ch 144, § 1; SL 2003, ch 158, § 1; SL 2010, ch 74, § 26; SL 2014, ch 46, § 11.
31-12A-15.1. Notice of meeting and election--Contents--Notice upon vacancy.
Notice of the meeting and election required by § 31-12A-15 shall be given by the secretary-treasurer by one publication in a legal newspaper of general circulation in each county in which the district is situated or notice may be given by posting in a public place within the district and delivering the notice to each eligible voter of the district. The notice shall include the time and place of the election and candidate names for each vacancy to be filled at the election. The meeting shall be held not less than seven days nor more than fourteen days after the date of publication or delivery of the notice.
The same type of notice shall be given setting forth each vacancy occurring by termination of the term of office of any elective officer. The notice shall also state the time and place where nominating petitions may be filed for each office. The notice shall be given not less than thirty days prior to the deadline for filing nominating petitions.
Source: SL 2002, ch 144, § 2; SL 2005, ch 152, § 1; SL 2014, ch 46, § 12.
31-12A-16. Election of trustees at large--Terms of office--Annual elections.
There shall be elected from among the eligible voters of the district at the first election of a road district, held pursuant to § 6-16-5 or 6-16-5.2, three trustees at large, who shall respectively hold their offices, one for a term of one year, one for a term of two years, and one for a term of three years. The person having the highest number of votes shall serve for a term of three years, the person receiving the second highest number of votes shall serve for a term of two years, and the person receiving the third highest number of votes shall serve for a term of one year, and such persons shall be declared elected to such offices. Thereafter, in accordance with §§ 31-12A-15 and 31-12A-15.1, there shall be elected annually one trustee for a term of three years. The judges shall subscribe and certify a statement of the persons elected to fill the offices of trustees in the road district and file the statement with the county auditor within ten days after the date of the election.
Source: SL 1977, ch 241, § 15; SL 2014, ch 46, § 13.
31-12A-17. Nominations for trustee--Certificates of nomination.
If the initial trustees are to be elected at the meeting at which the incorporation election is held as provided in § 6-16-5, the trustees shall be nominated by the eligible voters in attendance at the meeting. Otherwise, the initial trustees shall be nominated as provided in § 6-16-5.2. Any trustee to be elected at any subsequent election, shall be nominated by filing with the district clerk not less than fifteen days before the subsequent election, a certificate of nomination for the office of trustee. The certificate shall be in writing and shall contain the name of the candidate, residence, business address, and the office for which the candidate is named, and shall be signed by at least five percent of the eligible voters.
Source: SL 1977, ch 241, § 17; SL 1998, ch 36, § 18; SL 2014, ch 46, § 14.
31-12A-18. Trustees not compensated--Election of president.
The members of the board of trustees shall serve without compensation. They shall organize by electing one of their number president, whose duty it shall be to preside over all meetings of said board and to call all special meetings of said board when he or a majority of said board deems such meeting necessary and, in case said president should fail or refuse to call such meeting or meetings, then such meeting or meetings may be called by a majority of said board.
Source: SL 1977, ch 241, § 18.
31-12A-19. Rules and regulations of trustees--Meetings--Quorum.
The board of trustees shall adopt such rules and regulations for the conduct of the business of said board, and shall fix a stated time at which the regular meetings of said board shall be held. A majority of the board of trustees shall constitute a quorum but a smaller number may adjourn from day to day. A concurrence of the majority shall be necessary to any action of such board.
Source: SL 1977, ch 241, § 19.
31-12A-20. Record of proceedings required of trustees.
The board of trustees shall cause to be kept a full, complete, accurate, and itemized account of all of its proceedings, ordinances, orders, resolutions, rules, and regulations.
Source: SL 1977, ch 241, § 20.
31-12A-20.1. Sanitary district assuming road district powers.
The board of trustees of any sanitary district incorporated under chapter 34A-5 may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question of whether the district shall be authorized to exercise the powers of road districts incorporated under this chapter, or the petitioners' application for incorporation filed in accordance with § 34A-5-6 may request such authority. Upon approval of the grant of such authority by a majority of the voters voting on the question, or upon entry of the order incorporating the district if the application has requested such authority, the board of trustees shall be authorized to exercise all powers which a road district organized under this chapter may exercise, including the powers granted by §§ 31-12A-21 to 31-12A-26, inclusive.
Source: SL 1979, ch 196.
31-12A-21. Powers of trustees.
The board of trustees may:
(1) Appoint a treasurer and a clerk, an engineer, attorney, and other employees for the road district and fix their compensation. These officers shall hold their respective offices at the pleasure of the board, and be bonded for the faithful performance of their duties as may be required by the board;
(2) Sue and be sued and contract in the name of the district;
(3) Adopt a corporate seal;
(4) Construct roadways and maintain them;
(5) Borrow money, levy taxes, and special assessments, and issue bonds pursuant to § 31-12A-23;
(6) Establish speed and weight limits and other restrictions on roads under the road district's jurisdiction in accordance with the provisions of §§ 32-14-3 to 32-14-7, inclusive, 32-22-47 and 32-25-9.1.
Source: SL 1977, ch 241, § 21; SL 1982, ch 224, § 3; SL 1999, ch 151, § 2.
31-12A-22. Power of trustees to pass and enforce ordinances and regulations.
The board of trustees shall have the power to pass all necessary ordinances, resolutions, orders, rules, and regulations for the proper management and conduct of the business of said road district, and to carry into effect the ordinances, orders, resolutions, rules, and regulations of said road district for the business for which such district is formed.
Source: SL 1977, ch 241, § 23.
31-12A-23. Certification to county auditor of delinquent charges for services--Penalty and interest--Tax sale--Referendum on assessment or bond issue.
The board of trustees may cause the amount of any charges, and interest and penalties on the charges, for road district service rendered or made available to any land within and part of the district, which are due and unpaid on the first day of October in each year to be certified by the clerk of the district to the county auditor in the manner provided in § 10-12-7 together with any taxes levied by the district for corporate purposes. All amounts so certified shall be inserted by the county auditor upon the tax list of the current year and are payable and delinquent at the same time and shall incur penalty and interest and shall be collected by the same procedure as real estate taxes on the same property. In the event of a tax sale or the issuance of a tax deed, the provisions of §§ 9-43-112 and 9-43-113 apply to all amounts so certified and then delinquent, in the same manner as delinquent installments of special assessments. Five percent of the eligible voters of the district may petition the board of trustees for referendum of any special assessment or bond issue. A majority of the eligible voters of the district who own the lots, tracts, or parcels of land subject to a special assessment or bond issue by the road district is required for approval of the special assessment or bond issue. For purposes of a referendum, if more than one person holds an interest in a lot, tract, or parcel of land subject to a special assessment or bond issue, the vote for the lot, tract, or parcel of land shall be exercised as the owners may among themselves determine and in no event may more than one vote be cast with respect to any one lot, tract, or parcel of land in any referendum. The referendum shall be governed, to the extent applicable, by chapter 9-20. The referendum petition shall be filed with the clerk of the district within twenty days after the notice of the levy of the special assessment or bond issue has been given the landowner.
Source: SL 1977, ch 241, § 25; SL 2003, ch 158, § 3; SL 2004, ch 193, § 1; SL 2014, ch 46, § 15; SL 2021, ch 43, § 20.
31-12A-24. Trustee and employee interest in contracts or other dealings of district prohibited--Exception.
No trustee or employee of a road district may be directly or indirectly interested in any contract, work, or business of the district, or the sale of any article, the expense, price, or cost of which is paid by the district, nor in the purchase of any real, personal, or other property belonging to the district, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the district. No trustee may be a joint or co-owner of land in the road district with an employee of the same road district. This section does not apply to any trustee or employee of a district consisting of less than twenty-five residents for a winter road maintenance contract or work.
Source: SL 1977, ch 241, § 22; SL 2003, ch 158, § 2; SL 2018, ch 173, § 1.
31-12A-25. Laws applicable to proceedings for constructing roads, borrowing money, making special assessments, and issuing bonds.
All proceedings for constructing and maintaining the roads and the borrowing of money, making of special assessments, and issuing of bonds shall be governed, to the extent applicable, by § 9-12-1 and chapters 9-26, 9-40, 9-43, 9-45, and 9-46.
Source: SL 1977, ch 241, § 24; SL 1982, ch 224, § 4.
31-12A-25.1. Roads as public highways--Vehicle or traffic regulations may be enforced by law enforcement officer.
Any road constructed or maintained pursuant to this chapter is a public highway, and any speed limits, vehicle weight limits, and any other vehicle or traffic regulations on such roads may be enforced by any law enforcement officer.
Source: SL 1999, ch 151, § 3.
31-12A-26. Road work projects outside district's area.
Notwithstanding any other provision of this chapter, a road district may contract for and expend district funds for road work projects to be constructed outside of the geographical area of the road district, if the board of trustees approves that action by a two-thirds vote of the membership. The owners of any land, including any land subject to an easement, outside the district on which the road is to be constructed shall consent in writing to the project. If persons outside the district area would also benefit from such a project, the board may negotiate with and accept funds or any other assistance from any person on the basis and terms negotiated. The provisions of § 31-12A-25.1 do not apply to any road work performed pursuant to this section.
Source: SL 1977, ch 241, § 28; SL 1982, ch 224, § 5; SL 2012, ch 157, § 1.
31-12A-27. Dissolution of road district by petition of voters--Procedure.
A majority of the eligible voters of a road district may petition a court of competent jurisdiction for the dissolution of the road district. Dissolution proceedings shall, to the extent applicable, conform to the provisions for dissolution of municipalities pursuant to chapter 9-6.
Source: SL 1977, ch 241, § 26; SL 2014, ch 46, § 16.
31-12A-28. Dissolution of road district by trustees.
Notwithstanding the provisions of § 31-12A-27, the board of trustees of a road district may, by unanimously adopting a proper resolution, provide for the dissolution of the district and the disposition of all unencumbered assets and assets which may thereinafter accrue. Before adopting the resolution, the board shall give notice and conduct hearings as the board deems necessary. Any party feeling aggrieved by the decision of the board may appeal to the circuit court.
Source: SL 1977, ch 241, § 27; SL 2014, ch 46, § 17.
31-12A-29. Consolidated road districts authorized--Governing body to propose consolidation by resolution.
Two or more road districts may form a consolidated road district that comprises their combined area pursuant to §§ 31-12A-29 to 31-12A-36, inclusive. The governing body of each road district shall by resolution propose the formation of the consolidated road district, specifying the road districts proposed to be included within the boundaries of the consolidated road district.
Source: SL 2001, ch 159, § 1.
31-12A-30. Proposed consolidation submitted to eligible voters at special election.
The governing body of each road district described in § 31-12A-29 shall submit by resolution the question of consolidation to the eligible voters of each road district at a special election called for that purpose pursuant to chapter 6-16. The proposition shall be submitted to the eligible voters of each road district on a separate ballot and shall be stated as to enable each eligible voter to vote for or against the proposed consolidation.
Source: SL 2001, ch 159, § 2; SL 2014, ch 46, § 18.
31-12A-31. Resolution declaring consolidated road district.
If the eligible voters of each road district approve the formation of the consolidated road district by a majority of the votes cast on the consolidation question, the governing body of each road district shall so declare by resolution and file a certified copy of each proceeding taken for the consolidation with the road district's clerk, the secretary of state, and the county auditor. After the certified copies are filed, the consolidation is effective and complete, and the consolidated road district has the powers conferred upon a road district by this chapter.
Source: SL 2001, ch 159, § 3; SL 2014, ch 46, § 19.
31-12A-32. Consolidated board of trustees.
The consolidated board of trustees shall be elected as provided in chapter 6-16 and this chapter and shall govern the consolidated road district as provided in this chapter.
Source: SL 2001, ch 159, § 4; SL 2014, ch 46, § 20.
31-12A-33. Consolidated road district does not acquire property or obligations of included road districts.
The consolidated road district does not, by virtue of its incorporation, acquire any of the property or assume any of the debts, obligations, or liabilities of any road district included within its boundaries.
Source: SL 2001, ch 159, § 5.
31-12A-34. Consolidated road district authorized to contract for property.
A consolidated road district may contract with any road district for the purchase or use of property that the road district is authorized to construct or acquire and maintain pursuant to this chapter.
Source: SL 2001, ch 159, § 6.
31-12A-35. Directors authorized to adjust boundaries of district--Limitations.
After the creation of a road district, minor adjustments to the boundaries of the district may be made by the directors, without referendum. Such adjustments may not delete lands from the district that have been subject to a special assessment during the budget year or the current year and such adjustments may not include additional land in the district without the written approval of the owner of the land.
Source: SL 2001, ch 159, § 7.
31-12A-36. Annexation of area--Procedures.
A contiguous area may be annexed to a road district by circulation of an initiating petition for annexation signed by twenty-five percent of the eligible voters in the area to be annexed and twenty-five percent of the eligible voters in the existing district, similar to an initiating petition specified in this chapter.
Upon receipt of an initiating petition and passage of a resolution by the directors finding that the petition is valid, the area shall be annexed if a majority of the eligible voters in the area to be annexed and a majority of the eligible voters in the existing area vote in favor of the annexation in the same manner as prescribed for creation of a new road district.
Source: SL 2001, ch 159, § 8; SL 2014, ch 46, § 21; SL 2016, ch 152, § 1.
CHAPTER 31-13
TOWNSHIP ROADS
31-13-1 Township road system--Township board responsible for township roads.
31-13-1.1 Designation of minimum maintenance road--Level of maintenance.
31-13-1.2 Posting of warning signs on minimum maintenance roads.
31-13-1.3 Designation of full and minimum maintenance roads at annual meeting--Map.
31-13-1.4 Designation of no maintenance section line.
31-13-1.5 Posting of signs on no maintenance section line.
31-13-1.6 Designation of road unsafe for vehicle travel as no maintenance road.
31-13-1.7 Posting of signs that no vehicle travel is advised on no maintenance road.
31-13-2 Designation of board member as overseer--Compensation.
31-13-3 Hiring of help authorized.
31-13-3.1 Secondary road capital improvement fund.
31-13-4 Width of highway grades.
31-13-5 31-13-5, 31-13-6. Repealed by SL 2002, ch 145, §§ 1, 2
31-13-7 Written contracts required when let without advertising--Performance bond.
31-13-8 Payments on contracts.
31-13-9 Restriction on progress payments.
31-13-10 Township highway tax.
31-13-11 Township highway tax--Certification to county auditor--Collection.
31-13-12 County aid roads--Designation by county commissioners.
31-13-13 Joint contracts for construction and maintenance of township roads.
31-13-13.1 31-13-13.1. Repealed by SL 1974, ch 202, § 2
31-13-14 Motor vehicle license fees transferable to county.
31-13-15 Road districts.
31-13-16 Petition for improvement of road district--Notice to property owners.
31-13-17 Hearing on road district improvement--Assessments for improvement.
31-13-18 Affidavit of township failure to maintain mail route--Service of affidavit and notice on township.
31-13-19 County maintenance and repair of mail route or failure by township.
31-13-20 County repair and maintenance of mail routes--Payment from township moneys--Expense limitation.
31-13-21 Registration of warrants when township funds insufficient to pay for repair of mail route--Call for payment.
31-13-22 Township snow removal reserve fund--Tax levy.
31-13-23 Intent of snow removal reserve fund law.
31-13-24 Expenditures from snow removal reserve fund.
31-13-25 Purposes of snow removal reserve fund.
31-13-26 Contracts for snow removal and repair of damages.
31-13-27 Snow removal contracts--Bidding.
31-13-27.1 Snow creating emergency--Expenditures for removal without advertising for bids.
31-13-28 Accumulation of unexpended money as snow removal moneys.
31-13-29 Authority of township to open snowbound roads used for school bus routes.
31-13-30 Street improvements in unincorporated towns.
31-13-31 Validation of construction and repair contracts between townships and residents or landowners.
31-13-32 Improvement of platted streets by special assessment--Definition of terms.
31-13-33 Supervisors' resolution of necessity for improvement--Contents.
31-13-34 Combining of streets in one resolution--Uniformity required.
31-13-35 Combining of streets in one resolution when improvements not uniform.
31-13-36 Township assumption of cost--Referendum.
31-13-37 Publication of resolution--Notice of supervisors' meeting--Hearing of objections.
31-13-38 Resolution not requiring publication.
31-13-39 Notice by mail to property owners--Contents--Address to which sent.
31-13-40 Consideration of objections to improvement--Adoption of resolution--Notice to owners added by amendment.
31-13-41 Waiting period before actions on improvement--Ratification of prior actions.
31-13-42 Apportionment of benefits of improvement.
31-13-43 Costs paid by township--Deduction before assessment to property.
31-13-44 Assessment of costs to abutting property--Computation on front foot basis.
31-13-45 Assessment to nearby property of intersection costs.
31-13-46 Assessment according to special benefits--Investigation of benefits.
31-13-47 Intersection cost assumed by township.
31-13-48 Corner lot costs assumed by township or assessed to other property.
31-13-49 Cost assumed by township when street has been previously improved.
31-13-50 Use of special assessment law.
31-13-51 Annual front foot assessment for maintenance and repairs.
31-13-52 Levy of special assessments--Addition to general levy--Review and equalization.
31-13-53 Records maintained by township clerk--Destruction of certain records.
31-13-54 Contracts and assessments not invalidated by defects--Supervisors' determination conclusive.
31-13-55 Indemnity requirement for construction or survey work within road right-of-way.
31-13-56 Removal of baled or stacked foliage from right-of-way--Violation as petty offense.
31-13-57 Private landowner assessed for erosion repair costs.
31-13-58 Approval of conservation district for repair of erosion damage--Notice to landowner--Declaration.
31-13-1. Township road system--Township board responsible for township roads.
The board of township supervisors shall construct, repair, and maintain all of the township roads within the township except for section lines designated as no maintenance section lines pursuant to § 31-13-1.4 and roads designated as no maintenance roads pursuant to § 31-13-1.6. The township road system consists of section line roads; judicially declared roads; roads impliedly accepted by the township through routine performance of certain maintenance activities, such as grading, graveling and snow removal, and accepting funds from the county pursuant to §§ 32-11-4.1 and 32-11-6 for a period of at least fifteen years; and any other roads designated by resolution of the board as being on the township road system. A road may only be vacated through the process specified in chapter 31-3. Before a road may be added to the township road system, the road shall meet the minimum requirements specified in §§ 31-18-2 and 31-13-4, unless the board, by resolution, waives this requirement.
Source: SDC 1939, § 28.0401; SL 1989, ch 252, § 1; SL 2012, ch 158, § 1; SL 2013, ch 131, § 1; SL 2015, ch 154, § 1.
31-13-1.1. Designation of minimum maintenance road--Level of maintenance.
The board of township supervisors may designate a township road within the township as a minimum maintenance road if the board determines that the road or a segment of the road is used only occasionally or intermittently for passenger and commercial travel. The board shall identify the beginning and end points of the road designated as minimum maintenance. A minimum maintenance road may be maintained at a level less than the minimum standards for full maintenance roads, but shall be maintained at the level required to serve the occasional or intermittent traffic.
Source: SL 1989, ch 252, § 2; SL 2012, ch 158, § 2.
31-13-1.2. Posting of warning signs on minimum maintenance roads.
The board of township supervisors shall post signs on a minimum maintenance road to notify the motoring public that it is a minimum maintenance road and that the public travels on the road at its own risk. The signs shall be posted at the entry points to and at regular intervals along a minimum maintenance road. A properly posted sign shall be prima facie evidence that adequate notice of a minimum maintenance road has been given to the motoring public.
Source: SL 1989, ch 252, § 3.
31-13-1.3. Designation of full and minimum maintenance roads at annual meeting--Map.
The board shall, at its annual meeting, designate which township roads are full maintenance roads and which are minimum maintenance roads. The board of township supervisors shall publish any resolution designating a township road as minimum maintenance if the road is a school route. The designation is final, after a lapse of thirty days, unless appealed as provided in chapter 31-3. Following its annual meeting, the board shall submit to the county auditor an official map showing each road on the township road system, including any road designated as a minimum maintenance road.
Source: SL 2012, ch 158, § 3.
31-13-1.4. Designation of no maintenance section line.
The board of township supervisors may designate an unimproved section line not maintained for vehicle travel as a no maintenance section line. The board shall identify the beginning and end point of the section line designated as no maintenance. The board does not have any responsibility on a no maintenance section line except to require removal or remediation of a manmade obstruction, if needed, to maintain the public access.
Source: SL 2013, ch 131, § 2.
31-13-1.5. Posting of signs on no maintenance section line.
The board of township supervisors shall post signs on a no maintenance section line to notify the motoring public that it is a no maintenance section line and that no travel is advised. The signs shall be posted at each entry point and at regular intervals along a no maintenance section line. A properly posted sign is prima facie evidence that adequate notice of a no maintenance section line has been given to the motoring public.
Source: SL 2013, ch 131, § 3; SL 2014, ch 48, § 19.
31-13-1.6. Designation of road unsafe for vehicle travel as no maintenance road.
The board of township supervisors may designate a road that is unsafe for vehicle travel as a no maintenance road. The board shall identify the beginning and end point of the road designated as no maintenance. The board does not have any responsibility on a no maintenance road except to require removal or remediation of a manmade obstruction, if needed, to maintain the public access.
Source: SL 2015, ch 154, § 2.
31-13-1.7. Posting of signs that no vehicle travel is advised on no maintenance road.
The board of township supervisors shall post signs on a no maintenance road to notify the motoring public that it is a no maintenance road and that no vehicle travel is advised. The signs shall be posted at each entry point and at regular intervals along a no maintenance road. A properly posted sign is prima facie evidence that adequate notice of a no maintenance road has been given to the motoring public.
Source: SL 2015, ch 154, § 3.
31-13-2. Designation of board member as overseer--Compensation.
The board of township supervisors shall designate at least one of its members to attend to the road business in the township. The member shall receive for the member's services twenty dollars per hour, unless otherwise provided by resolution at the annual township meeting. Not more than one supervisor may be paid for services rendered as overseer of any work of construction or repair.
Source: SL 1911, ch 221, § 1; SL 1913, ch 232, § 1; RC 1919, § 8550; SL 1919, ch 220; SDC 1939, § 28.0401; SL 1981, ch 60, § 3; SL 2022, ch 90, § 1.
31-13-3. Hiring of help authorized.
The township supervisors may hire such help as may be necessary by the hour at such rates as may be agreed upon by the township board of supervisors.
Source: SL 1911, ch 221, § 4; SL 1913, ch 232, § 2; SL 1917, ch 369, § 1; RC 1919, § 8552; SDC 1939, § 28.0405; SL 1953, ch 146, § 2.
31-13-3.1. Secondary road capital improvement fund.
The township board of supervisors may establish a secondary road capital improvement fund for the purpose of constructing, reconstructing, repairing, and maintaining secondary roads, bridges, and culverts under the jurisdiction of the township board of supervisors.
Source: SL 2015, ch 165, § 23, eff. Apr. 1, 2015.
31-13-4. Width of highway grades.
Plans and specifications for contracts let by the board of township supervisors shall provide that all highway grades shall be not less than twenty feet in width.
Source: SL 1911, ch 221, § 5; RC 1919, § 8554; repealed SL 1919, ch 333, § 69; re-enacted SDC 1939, § 28.0402.
31-13-7. Written contracts required when let without advertising--Performance bond.
Contracts let by the board of township supervisors without advertising for bids shall also be in writing specifying the work to be done, the time in which it is to be completed, and the amount to be paid, and the board may require the contractor to furnish a bond with approved sureties in such sum as it shall deem sufficient, conditioned for the faithful performance of the contract according to the plans and specifications.
Source: SL 1911, ch 221, § 5; RC 1919, § 8554; repealed SL 1919, ch 333, § 69; re-enacted SDC 1939, § 28.0402.
31-13-8. Payments on contracts.
All work done under any contract let by the supervisors of any township shall be paid by the township treasurer out of the highway fund in his hands belonging to the township in which such work is done, on an order of the board of supervisors of such township certifying the amount of work done and the amount to be paid for the same.
Source: SL 1911, ch 221, § 6; RC 1919, § 8555; repealed SL 1919, ch 333, § 69; re-enacted SDC 1939, § 28.0403.
31-13-9. Restriction on progress payments.
In no case shall more than seventy-five percent of the contract price be paid on any contract let by a board of township supervisors until the work is completed and accepted by the board and so certified by it, except as provided in this title for payment upon estimates prepared by the county highway superintendent.
Source: SL 1911, ch 221, § 6; RC 1919, § 8555; repealed SL 1919, ch 333, § 69; re-enacted SDC 1939, § 28.0403.
31-13-10. Township highway tax.
There shall be voted and levied each year in each civil township, as taxes for other township purposes are voted and levied, a highway tax for the construction and repair of secondary highways within such township.
Source: SL 1899, ch 41, § 4; RPolC 1903, § 2138; SL 1911, ch 221, § 2; RC 1919, § 8551; SDC 1939, § 28.0404; SL 1953, ch 146, § 1.
31-13-11. Township highway tax--Certification to county auditor--Collection.
It shall be the duty of the township clerk, immediately after the board of township supervisors shall have made a levy of taxes for highway purposes, or within three days thereafter, to notify the county auditor of the amount of the levy, who shall enter the same upon the county tax list, to be collected by the county treasurer in the same manner as other township taxes are collected, and such taxes shall be levied by the township supervisors on the fourth Monday of June each year. Such taxes shall become payable and delinquent and, if not paid, shall draw interest and penalty as other township taxes, and when collected shall constitute a highway fund belonging to the township from which it was collected, to be turned over to the township treasurer in the same manner as other funds are transferred to him.
Source: SL 1911, ch 221, § 4; SL 1913, ch 232, § 2; SL 1917, ch 369, § 1; RC 1919, § 8552; SDC 1939, § 28.0405; SL 1953, ch 146, § 2.
31-13-12. County aid roads--Designation by county commissioners.
The board of county commissioners of each county is hereby empowered to designate in its discretion township roads or roads in unorganized townships within the county, as it may deem advisable and in the public interest as "county aid roads," and to expend any funds available from the county highway funds for laying out, constructing, graveling, and maintaining such township roads or roads in unorganized townships so designated as "county aid roads."
Source: SL 1933 (SS), ch 7; SDC 1939, § 28.0314; SL 1943, ch 109; SL 1976, ch 183.
31-13-13. Joint contracts for construction and maintenance of township roads.
The board of supervisors of any township may jointly contract with the county of which the township is a part, and also with any municipality within or adjoining the township, for the laying out, construction, graveling, hard surfacing, or maintenance of designated township roads. The agreement shall designate the governing board to be charged with contracting for performance of the work, provide for supervision of the work and allocate the costs between the units of government participating. The board of township supervisors may also contract with any other political subdivision, homeowners' association, or rural subdivision developer to perform maintenance work on any road that is not on the township road system. Maintenance work performed on a road under contract does not imply dedication or acceptance of the road to the township road system.
Source: SDC 1939, § 28.0314 as added by SL 1943, ch 109; SL 1968, ch 125; SDCL Supp, § 31-13-13.1; SL 1974, ch 202, § 1; SL 2012, ch 158, § 4.
31-13-14. Motor vehicle license fees transferable to county.
Each organized township in the state has power to transfer upon resolution to the county in which it is situated for its highway purposes surplus funds acquired from the prorationing of the fees from the motor vehicle licenses as provided in §§ 32-11-4.1 to 32-11-7, inclusive.
Source: SDC 1939, § 58.0201 as added by SL 1966, ch 258; SL 2021, ch 125, § 2.
31-13-15. Road districts.
Each organized township may divide the roads or streets in the township into road districts which shall include not more than:
(1) One-half mile of township road which provides access to a rural subdivision or unincorporated town;
(2) Three miles of streets in an unincorporated town; or
(3) Five miles of streets in a rural subdivision as defined in § 31-13-32.
Source: SDC 1939, § 58.0201 (10) as added by SL 1965, ch 297; SL 1973, ch 191, § 1; SL 2013, ch 132, § 2.
31-13-16. Petition for improvement of road district--Notice to property owners.
Whenever the owners of eighty percent of the property fronting upon any road in a road district established pursuant to § 31-13-15 shall by petition in writing filed with the township clerk request that the property in the road district be assessed for road improvement, the supervisors shall set a time for hearing the petition and notice shall be given to the abutting property owners whose property it is proposed to assess who shall not have joined in the petition, by either delivery to the property owners of a copy of the notice of hearing or by mailing a copy of notice of hearing to such abutting property owner at his last known post office address, or if such address cannot be determined, then by publishing such notice in a legal newspaper designated by the supervisors as most likely to give notice, which notice shall be given at least ten days prior to the hearing.
Source: SDC 1939, § 58-0201 (10) as added by SL 1965, ch 297.
31-13-17. Hearing on road district improvement--Assessments for improvement.
At the time and place of hearing pursuant to § 31-13-16, the board of supervisors shall consider the petition. If the supervisors determine it advisable, the supervisors may, by resolution, assess such properties in the road district for purposes of road improvement for an amount as the supervisors determine advisable. The assessment may not exceed the amount set forth in the petition and in no event may the assessment exceed two dollars a foot front in any one calendar year. The assessment shall be certified to the county and collected as a part of the real estate taxes against the property so assessed and may only be used by the township for the purpose of road improvement in the road district, or part thereof, in which assessed.
Source: SDC 1939, § 58.0201 (10) as added by SL 1965, ch 297; SL 1973, ch 191, § 2; SL 2013, ch 132, § 3.
31-13-18. Affidavit of township failure to maintain mail route--Service of affidavit and notice on township.
Whenever it shall appear by an affidavit filed by a patron of the mail route with the county auditor that a certain described secondary road in any township of the county is regularly used as part of a United States mail route, and is, in certain designated places, in urgent need of repairs to put such road in reasonably suitable condition for travel, or is, in certain designated places, likely to be made impassable by reason of the weeds along such highway not being cut, as provided by law, so as to prevent the forming of snowdrifts, or is in other respects not being suitably maintained as provided by law, and that the board of supervisors of the proper township has been notified of the condition complained of and has refused or neglected to attend thereto, it shall be the duty of the county auditor to cause copies of such affidavit to be served upon the clerk of the proper township and upon the chairman of the board of supervisors thereof, together with a notice that unless the repairs or maintenance referred to in the affidavit are attended to forthwith by such board and a certificate that the same has been done delivered to the county auditor, that such repairs or maintenance will be executed by the county at the expense of the township as in this chapter provided. Such copy and notice may be served by registered or certified mail.
Source: SL 1929, ch 154, § 1; SDC 1939, § 28.0407.
31-13-19. County maintenance and repair of mail route or failure by township.
If the fact of the execution of the repairs or maintenance referred to in § 31-13-18 be not certified to the county auditor within a reasonable time, or if the county auditor be satisfied that such repairs or maintenance have not been or will not be attended to by the township board within such time, he shall immediately refer the matter to the county highway superintendent who shall personally examine the road and investigate the facts stated in the affidavit and if he finds the statements in such affidavit to be true and that the condition complained of still exists, he shall cause the necessary repairs and maintenance to be made at once and may purchase material and employ day labor therefor, or may contract the work necessary to put such road in a reasonable state of repair and maintenance.
Source: SL 1929, ch 154, § 2; SDC 1939, § 28.0407; SL 1955, ch 100.
31-13-20. County repair and maintenance of mail routes--Payment from township moneys--Expense limitation.
Each expense incurred for repair and maintenance pursuant to § 31-13-19 must be paid, on the presentment of itemized and verified vouchers approved by the county highway superintendent, to the county auditor, by warrants drawn on the county treasurer payable out of township funds. The expense incurred by the county highway superintendent may not exceed two thousand and five hundred dollars for each mile of road during each year.
Source: SL 1929, ch 154, § 2; SDC 1939, § 28.0407; SL 1955, ch 100; SL 2024, ch 102, § 1.
31-13-21. Registration of warrants when township funds insufficient to pay for repair of mail route--Call for payment.
When a warrant as provided in § 31-13-20 is presented and there are insufficient funds in the county treasury to pay it, the county treasurer shall register the warrant and endorse the date of registration on the back thereof and shall pay it, with interest to be negotiated by the parties, out of the first money belonging to such township which thereafter comes into the treasury. Previously registered warrants, if any, shall be paid first in the order of their registration. Call for payment shall be made by mail addressed to the payee named in the warrant at the address left with the county treasurer, or to any assignee who may have left his address with the county treasurer.
Source: SL 1929, ch 154, § 3; SDC 1939, § 28.0407; SL 1983, ch 28, § 41.
31-13-22. Township snow removal reserve fund--Tax levy.
The board of township supervisors may establish a township snow removal reserve fund by the levy of a tax up to but not exceeding sixty cents per thousand dollars of taxable valuation within the township, and which levy hereby authorized shall be in addition to all other township tax levies.
Source: SL 1953, ch 480, § 1; SDC Supp 1960, § 58.0511; SL 1989, ch 87, § 15P.
31-13-23. Intent of snow removal reserve fund law.
The intent of §§ 31-13-22 to 31-13-28, inclusive, is for the accumulation and continuation of a sufficient fund for the use of the respective townships so as to permit and make possible in any year the efficient and immediate snow removal on township roads and for repairs thereon caused by melting snow.
Source: SL 1953, ch 480, § 5; SDC Supp 1960, § 58.0515.
31-13-24. Expenditures from snow removal reserve fund.
All money collected and received under the provisions of the tax levy authorized by § 31-13-22 shall be remitted at the times and in the manner required by the laws of this state relating to townships. All money allowed and paid from said fund shall first be authorized and approved by the board of township supervisors, and the township clerk shall keep a separate and detailed record of all expenditures showing exact amounts, dates, places, type, and nature of work performed.
Source: SL 1953, ch 480, § 4; SDC Supp 1960, § 58.0514.
31-13-25. Purposes of snow removal reserve fund.
The township snow removal reserve fund after the creation thereof shall be used as provided by §§ 31-13-26 to 31-13-28, inclusive, and for these purposes only.
Source: SL 1953, ch 480, § 2; SL 1955, ch 427; SDC Supp 1960, § 58.0512; SL 1969, ch 278, § 1.
31-13-26. Contracts for snow removal and repair of damages.
After establishment of a township snow removal reserve fund, the board of township supervisors is hereby authorized to contract for the removal of snow on township roads, to purchase equipment for the removal of snow or repair the same, and to repair damages to township roads resulting from or caused by melting snow.
Source: SL 1955, ch 427; SDC Supp 1960, § 58.0512; SL 1969, ch 278, § 1.
31-13-27. Snow removal contracts--Bidding.
If the projected total cost of a contract for winter road maintenance under § 31-13-26 is less than ten thousand dollars, the township supervisors are not required to advertise for bids for the contract.
If the township supervisors anticipate that snow removal or road repair costs during the winter season would exceed ten thousand dollars, the township shall advertise for bids. In case of road damage, the township may advertise for bids, or contract as specified in this section either at an hourly or day rate.
Source: SL 1955, ch 427; SDC Supp 1960, § 58.0512; SL 1969, ch 278, § 1; SL 1982, ch 223, § 1; SL 2024, ch 103, § 1.
31-13-27.1. Snow creating emergency--Expenditures for removal without advertising for bids.
In the event that in the judgment of the board of township supervisors a disaster exists resulting from snow and that the public peace and the health or safety of the people or their property is in jeopardy, the board of township supervisors may by resolution declare that an emergency exists, and any or all of the township snow removal fund may be expended for the purposes set forth herein without the necessity of advertising for bids.
Source: SDC Supp 1960, § 58.0512 as added by SL 1969, ch 278, § 2.
31-13-28. Accumulation of unexpended money as snow removal moneys.
Any unexpended balance remaining in the township snow removal reserve fund shall be allowed to accumulate as a reserve fund and available for future use as set forth under §§ 31-13-26 and 31-13-27. No part of the fund created in § 31-13-22 shall revert to the general funds of the township nor shall any of said fund be used for any other purposes.
Source: SL 1953, ch 480, § 3; SDC Supp 1960, § 58.0513.
31-13-29. Authority of township to open snowbound roads used for school bus routes.
When any highway within any township is regularly traveled by a bus or other motor vehicle used for free transportation of school children, the township board may, in its discretion, open snowbound roads and keep them passable for such vehicles. Such expense shall be paid from the general road fund.
Source: SL 1925, ch 192; SDC 1939, §§ 28.0409, 58.0506.
31-13-30. Street improvements in unincorporated towns.
Whenever any unincorporated town which is laid out into streets is included in the limits of an organized civil township, the township supervisors may cause improvements to be made in said streets.
Source: SL 1872-3, ch 51, § 49; PolC 1877, ch 23, § 33; SL 1883, ch 112, ch 1, § 61; CL 1887, § 773; RPolC 1903, § 1067; RC 1919, § 6088; SDC 1939, § 58.0505; SL 1973, ch 191, § 3.
31-13-31. Validation of construction and repair contracts between townships and residents or landowners.
All contracts or agreements of supervisors of organized civil townships, entered into between such supervisors and residents or landowners of such township, whereby such residents or landowners were to perform work, furnish equipment and material in the construction or repair of secondary highways of such township, and whereby such residents or landowners were to be compensated for work performed in the construction and repair of such highways and be reimbursed for funds advanced in the purchase of material or for the use of equipment, are hereby legalized and validated; the board of supervisors of such township is hereby authorized to pay such resident or landowner or cause them to be paid from township funds, for such services performed, compensation for the use of equipment and for materials furnished in the construction or repair of such road and the said board of supervisors is authorized to approve and issue warrants for such payment and to pay or cause such warrants to be paid from township funds. The allowance of such claims for said services performed, materials furnished or for use of equipment and the payment for the same shall be deemed valid and for a lawful purpose. Provided, that the provisions of this section shall apply only to contracts of this kind entered into prior to July 1, 1953, and provided further that where such contracts have been entered into before July 1, 1953, and funds have been expended pursuant to such contracts, such contracts and the funds expended thereunder are hereby legalized and validated.
Source: SL 1953, ch 492; SDC Supp 1960, § 65.0329.
31-13-32. Improvement of platted streets by special assessment--Definition of terms.
For the purposes of §§ 31-13-32 to 31-13-54, inclusive, subdivision means the division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development.
For the purposes of §§ 31-13-32 to 31-13-54, inclusive, street shall mean any road, road right-of-way, road area, or street dedicated to the public or for the public use located entirely within platted land or a subdivision, and abutted on both sides along its entire length by the platted land or subdivision.
Source: SL 1979, ch 197, § 1.
31-13-33. Supervisors' resolution of necessity for improvement--Contents.
Whenever the board of supervisors of any township deem it necessary to open, widen, extend, grade, gravel, surface with oil or other bituminous material, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in, curb, gutter, drain, or otherwise improve any streets within platted land or subdivision for which a special assessment is to be levied, it shall declare in a resolution the necessity of the improvement. The resolution shall state the streets to be improved, the general nature of the proposed improvement, the material to be used or materials from which a choice may be made, an estimate of the total cost per linear foot, a description of the classes of lots to be assessed, and the method of apportioning the benefits thereto as provided in §§ 31-13-42 to 31-13-46, inclusive.
Source: SL 1979, ch 197, § 2.
31-13-34. Combining of streets in one resolution--Uniformity required.
The improvement of more than one street may be embraced in one proposed resolution if the improvement is substantially uniform as to all streets embraced therein. Minor variations in the amount of earth work, drainage, or labor or other minor variations in the construction expense on different portions of the proposed improvement project shall not be considered as any departure from the uniformity required in this section.
Source: SL 1979, ch 197, § 3.
31-13-35. Combining of streets in one resolution when improvements not uniform.
If the improvements are not substantially uniform, then the improvement of two or more streets or portions of the same on which the improvements are not uniform may be included in one resolution, if the nature of the improvement or its estimated cost per linear foot on each portion of the project is specified in the resolution. Any two or more improvements of the types herein specified which have been commenced by separate resolutions of necessity may thereafter be combined for all purposes, as determined by the board of township supervisors.
Source: SL 1979, ch 197, § 4.
31-13-36. Township assumption of cost--Referendum.
If it is deemed expedient for the township to assume and pay any portion of the cost of the improvement, the resolution may so provide, or the portion to be assumed may be provided by a subsequent resolution, subject to the right of referendum on such resolution, pursuant to the procedure set forth in § 31-3-14.
Source: SL 1979, ch 197, § 2; SL 2021, ch 43, § 21.
31-13-37. Publication of resolution--Notice of supervisors' meeting--Hearing of objections.
The resolution required by § 31-13-33 shall be published once in the official newspapers of the county, with an appended notice stating the place and time, at least two weeks after such publication, at which the board of supervisors will meet for the consideration of the adoption of the resolution. The notice shall state the time and place at which the board of supervisors will consider any objections to the proposed resolution by owners of property liable to be assessed for the improvement.
Source: SL 1979, ch 197, § 5.
31-13-38. Resolution not requiring publication.
If the improvement is petitioned for by the owners of more than fifty-five percent of the frontage of the property to be assessed therefor, it may be provided for by resolution without publication.
Source: SL 1979, ch 197, § 5.
31-13-39. Notice by mail to property owners--Contents--Address to which sent.
In addition to the published notice required by § 31-13-37, the board of supervisors, at least fifteen days prior to the hearing on the adoption of the resolution, shall cause personal notice to be sent by first class, registered, or certified mail to each person owning property liable to be assessed for the improvement. The notice shall include all information required of the published notice. If the property is occupied and has a street address, the written notice shall be sent to the owner in care of such address and, if not, to the last known address of the owner.
Source: SL 1979, ch 197, § 6.
31-13-40. Consideration of objections to improvement--Adoption of resolution--Notice to owners added by amendment.
At the time of the meeting referred to in § 31-13-37 or at any adjournment thereof the governing body shall consider any objections to such proposed resolution and may adopt such resolution, with or without amendment as it may deem proper. No amendment shall be made affecting property of any class not included in the original resolution until the owner thereof shall have been given the notice and opportunity to be heard provided by §§ 31-13-37 to 31-13-39, inclusive.
Source: SL 1979, ch 197, § 7.
31-13-41. Waiting period before actions on improvement--Ratification of prior actions.
After twenty days from the adoption and publication of the resolution referred to in § 31-13-40, unless the referendum be invoked, pursuant to § 31-3-14, or unless a written protest has been filed with the township clerk and signed by the owners of more than fifty-five percent of the frontage of property liable to assessment, the board of supervisors may cause the improvement to be made, may contract therefor, and may levy and collect special assessments therefor as provided in this chapter. Any proceedings taken prior to the adoption of the resolution shall be deemed ratified.
Source: SL 1979, ch 197, § 8; SL 2021, ch 43, § 22.
31-13-42. Apportionment of benefits of improvement.
In the circumstances mentioned in §§ 31-13-33 to 31-13-41, inclusive, the benefits shall be apportioned in the manner prescribed by § 31-13-43.
Source: SL 1979, ch 197, § 10.
31-13-43. Costs paid by township--Deduction before assessment to property.
If the board of supervisors by resolution so provides, any portion of the cost may be paid by the township out of its general funds appropriated for that purpose and the proper deduction shall be made of the cost to be so paid before the cost to be assessed is distributed to the several lots as required. The sum determined to be paid may be a fixed amount or fraction of the total cost of the improvement, or of a specified portion thereof on which the construction is substantially uniform. Such amount or fraction may be additional to any amounts assumed by the township in accordance with the provisions of §§ 31-13-47 to 31-13-49, inclusive, or the costs referred to in those sections may be paid therefrom, as determined by the resolution.
Source: SL 1979, ch 197, § 11.
31-13-44. Assessment of costs to abutting property--Computation on front foot basis.
The cost of the improvement, except the cost of street intersections, may be assessed to the property fronting or abutting on the improvement. The cost of each portion of the project on which the construction is by resolution substantially uniform shall be divided by the number of feet fronting or abutting on said portion of the project. The quotient shall be the rate of assessment per front foot throughout said portion of the project on which such uniformity exists.
Source: SL 1979, ch 197, § 12.
31-13-45. Assessment to nearby property of intersection costs.
The cost of each street intersection may be assessed to all lots according to area so as to include one-half of the property between the street improved and the next street, whether the property abuts the street. In no case may the property situated more than three hundred feet from the intersection be assessed.
Source: SL 1979, ch 197, § 13.
31-13-46. Assessment according to special benefits--Investigation of benefits.
In lieu of the method of apportionment prescribed in §§ 31-13-44 and 31-13-45, it may be provided in and by the resolution determining the necessity of any street improvement that the cost shall be assessed against all assessable lots and tracts of land fronting or abutting thereon or lying within one-half block or three hundred feet thereof, whichever is less, according to the benefits determined by the board of supervisors to accrue to each of such lots and tracts from the construction of the improvement. In that event the board of supervisors, in preparing, considering, and hearing objections to the assessment, shall make such investigation as may be necessary and shall find and determine the amount in which each such lot and tract will be especially benefited by the construction of the improvement. The board of supervisors shall assess against each such lot and tract an amount, not exceeding the benefit, as shall be necessary to pay its just portion of the total cost of the work to be assessed.
Source: SL 1979, ch 197, § 14.
31-13-47. Intersection cost assumed by township.
In the resolution of necessity it may be provided that the township will pay any definite, specified portion or all of the cost of the improvements in street intersections.
Source: SL 1979, ch 197, § 15.
31-13-48. Corner lot costs assumed by township or assessed to other property.
In the resolution of necessity it may be provided that the township will pay any definite, specified portion or all of the cost of street improvements fronting or abutting on the long side of a corner lot, or it may be provided by a resolution that such portion of the cost may be spread as an area tax on the blocks fronting and abutting on said pavement so as to include one-half of the property between the street improved and the next street whether the property abuts the street. In no case may the property situated more than three hundred feet from the improvement be assessed.
Source: SL 1979, ch 197, § 16.
31-13-49. Cost assumed by township when street has been previously improved.
In the resolution of necessity it may be provided that the township will pay any portion or all of the cost of resurfacing, rebuilding, or repaving the portion of any street in which pavement has previously been placed or which has been previously constructed within the township.
Source: SL 1979, ch 197, § 17.
31-13-50. Use of special assessment law.
Notwithstanding the provisions of chapter 8-11, the board of supervisors of a township may use, as a method for the financing or repayment for the improvement, the provisions of chapter 9-43.
Source: SL 1979, ch 197, § 19; SL 1981, ch 225.
31-13-51. Annual front foot assessment for maintenance and repairs.
The township board of supervisors or, in the case of any township which is no longer organized, the board of county commissioners, prior to the assessment of real property within the township, or unorganized township, for the next fiscal year, may levy annually for the purpose of maintaining or repairing street surfaces, whether of a permanent type or not, a special front foot assessment not to exceed two dollars per front foot upon the real property fronting and abutting the roadway. Such assessment shall be apportioned on a front foot basis and shall be levied pursuant to § 31-13-52. If the board of county commissioners is levying a special assessment on real property pursuant to this section, the board of county commissioners shall perform the duties, as applicable, that are required of the township board of supervisors pursuant to §§ 31-13-32 to 31-13-54, inclusive.
Source: SL 1979, ch 197, § 20; SL 1984, ch 212; SL 1999, ch 152, § 1; SL 2004, ch 194, § 1; SL 2013, ch 132, § 1.
31-13-52. Levy of special assessments--Addition to general levy--Review and equalization.
The township board of supervisors prior to the assessment of real property may, by resolution, designate the real property, the lot, or the portion of lots or real property against which the assessment is to be levied, the amount of the assessment against the real property, lot, or portions thereof for such purposes, and direct the county auditor to add such assessment to the general assessment against the property to be collected as township taxes for general purposes. The assessment shall be subject to review and equalization the same as assessments or taxes for general purposes. For the purposes of this section, front foot, shall mean the actual front of the premises as established by the buildings thereon, record title and use of the property regardless of the original plat thereof.
Source: SL 1979, ch 197, § 21.
31-13-53. Records maintained by township clerk--Destruction of certain records.
The township clerk shall keep on file a record of all proceedings taken in the matter of opening, altering, vacating, paving, or otherwise improving any street, and after the confirmation of any report in such matters he shall record all the proceedings taken in relation to the improvement. But, the clerk may destroy any record which the records destruction board, acting pursuant to § 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source: SL 1979, ch 197, § 18; SL 1993, ch 69, § 5.
31-13-54. Contracts and assessments not invalidated by defects--Supervisors' determination conclusive.
No contract made or assessment levied for any such improvement shall be void by reason of any defect or irregularity in the resolution or notice or in the publication thereof. The determination of the board of supervisors as to the sufficiency or insufficiency of protests thereto shall be conclusive unless such determination is unreasonably and arbitrarily or fraudulently made.
Source: SL 1979, ch 197, § 9.
31-13-55. Indemnity requirement for construction or survey work within road right-of-way.
An organized township may require any person performing construction or survey work within any township road right-of-way which may damage such right-of-way to furnish an indemnity bond in a reasonable amount as determined by the township board to indemnify the township for any damage done beyond normal wear. However, if a registered professional engineer or a registered land surveyor is surveying land, as defined in § 36-18A-4, for an individual landowner of the township, the provisions of this section do not apply.
Source: SL 1984, ch 213, § 1; SL 1987, ch 29, § 12.
31-13-56. Removal of baled or stacked foliage from right-of-way--Violation as petty offense.
If the right-of-way of a township road has been mowed and the cut foliage has been baled or stacked in the right-of-way, the person owning the baled or stacked foliage shall remove the bales or stacks from the right-of-way by the first day of November. A violation of this section is a petty offense.
Source: SL 1985, ch 235.
31-13-57. Private landowner assessed for erosion repair costs.
If any landowner fails to prevent damage to a township road caused by severe and persistent wind or water erosion on the landowner's property, the township may repair the damage and assess the cost of the repairs against the landowner. If the landowner fails to pay the cost of the repairs before the first day of November in the year in which the repairs are performed, the cost shall be assessed against the landowner's property.
Source: SL 1991, ch 233, § 3.
31-13-58. Approval of conservation district for repair of erosion damage--Notice to landowner--Declaration.
No operations to repair erosion damage pursuant to § 31-13-57 may be undertaken by the township unless the conservation district in which the land is located has by resolution approved such action and until a notice that the erosion on the lands constitutes a nuisance has been given to the owner by the township. Notice shall be given by personal service upon the owner or by personal service upon the person in actual possession of the premises, with a copy of the declaration filed in the office of the county auditor. The declaration shall state that unless the owner corrects the damage within thirty days of the declaration, repairs shall be undertaken by the township, and the cost shall be assessed against the landowner's property if not paid before the first of November. The resolution of assessment shall be recorded in the minutes of the board of county commissioners, the original delivered by the clerk of the board to the county auditor, and a copy sent by registered mail to the landowner at the address shown on the records of the county auditor and to the operator.
Source: SL 1991, ch 233, § 4; SL 1992, ch 203, § 2.
31-14-1
Definition of terms.
31-14-2
County commissioners' responsibility for bridges and culverts.
31-14-3
Drainage investigation of new or replacement bridge site.
31-14-4
Plans and specifications for bridge construction--Preparation by department
or engineer.
31-14-5
Bridge plans and specifications--Design requirements--Filing by county
auditor.
31-14-6, 31-14-7.
Repealed
.
31-14-8
Bid and certified check or bond deposited with county auditor before opening
of bids.
31-14-9
Repealed.
31-14-10
Repealed.
31-14-11
Opening of bids--Notice to successful bidder--Execution of contract.
31-14-12
Repealed.
31-14-13
Performance bond required--Filing of contract and bond.
31-14-14
Award to next lowest bidder or rebidding contract when successful bidder fails
to enter into contract.
31-14-15
Return of certified checks accompanying bids.
31-14-16
Repealed.
31-14-17
Supervision of construction by county highway superintendent--Appointment
and compensation of inspector.
31-14-18
Progress reports by county highway superintendent--Partial payments on
contracts.
31-14-19
Cost statement prepared by county highway superintendent--Filing.
31-14-20
Bridge construction and repairs by county work authorized.
31-14-21
Bridge construction or repairs by county labor--Supervision--Plans and
specifications.
31-14-22
Cost statement of county work prepared by county highway
superintendent--Filing.
31-14-23
Purchase of twelve months' supply of materials--Estimate by county highway
superintendent--Specifications.
31-14-24
Emergency contracts for repair of bridges and approaches authorized.
31-14-25
Repealed.
31-14-26
Insufficient funds to pay emergency contract--Issuance of emergency warrants.
31-14-27
County construction or replacement of bridges and culverts on township
secondary roads--Reimbursement of county.
31-14-27.1
Repealed.
31-14-28, 31-14-29. Repealed.
31-14-30
Repealed.
31-14-31
Drainage ditch bridges.
31-14-32
Repealed.
31-14-33
Inspection of township culverts--Duty of board of supervisors.
31-14-34
Inspection of culverts on secondary highways and county highway system--Duty of county highway superintendent.
31-14-35
County line bridges--Agreement apportioning responsibility--Cost of large
bridges divided equally.
31-14-36
County line bridges--Considerations in apportioning responsibility--
Apportionment by department.
31-14-37
Repealed.
31-14-38
County line bridges--Sharing of costs in absence of apportionment contract.
31-14-39
County line bridges--Petition and agreement for sharing costs in absence of
prior apportionment contract.
31-14-40
County line bridges--Cost-sharing provisions not applicable where
apportionment contract made.
31-14-41 to 31-14-45.
Repealed
.
31-14-46
Unlawful agreements on contracts--Offering or receiving bribes--Felony.
31-14-47
Repealed.
31-14-1. Definition of terms.
Terms used in this chapter mean:
(1) "Bridge," a structure, including supports, erected over a depression or an obstruction, as water, highway, or railway, the structure having a length measured along the center of the roadway of more than twenty feet between undercopings of abutments or extreme ends of openings for multiple boxes and pipes where the clear distance between openings is less than half of the smaller contiguous opening;
(2) "Culvert," any structure not classified as a bridge that provides an opening under any roadway;
(3) "Department," the Department of Transportation.
Source: SDC 1939, § 28.1441 as enacted by SL 1953, ch 153; SL 2010, ch 145, § 94.
31-14-2. County commissioners' responsibility for bridges and culverts.
The duty to construct and maintain all bridges and culverts throughout the county, except upon the state trunk highway system, is hereby imposed upon the board of county commissioners, subject to conditions relating to bridges and culverts on secondary highways in townships.
Source: SL 1919, ch 333, § 29; SDC 1939, § 28.1402; SL 1955, ch 102, § 1.
31-14-3. Drainage investigation of new or replacement bridge site.
After determining the necessity for any new or replacement bridge in the county, the board of county commissioners shall advise the county highway superintendent of the determination, and require the superintendent or a registered engineer retained by the board of county commissioners for that purpose to make a drainage investigation of the bridge site.
Source: SL 1919, ch 333, § 31; SL 1921, ch 386; SDC 1939, § 28.1404; SL 1961, ch 142, § 1; SL 2018, ch 168, § 39.
31-14-4. Plans and specifications for bridge construction--Preparation by department or engineer.
Any bridge, abutment, and approach or repair to a bridge required in any county of this state, shall be constructed in accordance with plans and specifications prepared by the department or a registered engineer retained by the board of county commissioners for such purpose. The plans and specifications shall show and describe the style and size thereof, the kind, weight, and quality of all materials to be used in the construction and the proper proportion of the ingredients for mixture and reinforcements.
Source: SL 1919, ch 333, § 32; SL 1920 (SS), ch 89; SDC 1939, § 28.1405; SL 1961, ch 142, § 2; SL 2010, ch 145, § 95.
31-14-5. Bridge plans and specifications--Design requirements--Filing by county auditor.
A registered engineer retained by the board of county commissioners or the department shall prepare plans and specifications for bridge repair or construction work. Plans and specifications prepared by a registered engineer retained by the board of county commissioners shall conform to the design requirements of the American Association of State Highway and Transportation Officials. The plans and specifications, whether prepared by the department or by a registered engineer retained for that purpose, shall be forwarded to the proper county auditor who shall place them on file in the auditor's office. A copy shall be forwarded to the department for the department's records.
Source: SL 1919, ch 333, § 31; SL 1921, ch 386; SDC 1939, § 28.1404; SL 1961, ch 142, § 1; SL 2010, ch 145, § 96; SL 2018, ch 168, § 40.
31-14-8. Bid and certified check or bond deposited with county auditor before opening of bids.
Each bid shall be made in accordance with the plans and specifications on file. Each bid in excess of fifty thousand dollars shall be accompanied by a certified check, certified by a state or national bank domiciled within this state, in the sum of five percent of the total amount of the bid, or a ten percent bid bond issued by a surety authorized to do business in the state. To be effectual for any purpose the bid and certified check or bond shall be securely enclosed in a sealed envelope and deposited with the county auditor before the hour of opening the sealed bids.
Source: SL 1919, ch 333, § 32; SL 1920 (SS), ch 89; SDC 1939, § 28.1405; SL 1961, ch 142, § 2; SL 2018, ch 168, § 43.
31-14-11. Opening of bids--Notice to successful bidder--Execution of contract.
Promptly at the hour specified, the board of county commissioners in open session shall proceed to examine all sealed bids and notify the successful bidder that the bid has been accepted. Upon being so notified, the successful bidder shall enter into a contract with the county in accordance with the bid, and the successful bid, together with the plans and specifications upon which the bid was based, is deemed a part of the contract.
Source: SL 1919, ch 333, § 33; SL 1920 (SS), ch 89; SL 1925, ch 187; SDC 1939, § 28.1406; SL 2010, ch 145, § 97; SL 2018, ch 168, § 45.
31-14-13. Performance bond required--Filing of contract and bond.
At the time of entering into a contract under § 31-14-11, the contractor shall execute to the county a satisfactory bond with sufficient surety, to be approved by the board of county commissioners, or a certified check in the total sum of the contract, conditioned that the contractor will fulfill his contract according to the plans and specifications and account for all moneys paid to him, and pay all bills and claims on account of supplies, materials, or labor used in connection with or consumed in carrying on of any work in connection with such contract including all demands of subcontractors, and such bond or certified check shall stand as security for the faithful performance of said contract and for the payment of all such bills, claims, and demands. Such contract and bond or certified check shall be filed in the office of the county auditor.
Source: SL 1919, ch 333, § 33; SL 1920 (SS), ch 89; SL 1925, ch 187; SDC 1939, § 28.1406.
31-14-14. Award to next lowest bidder or rebidding contract when successful bidder fails to enter into contract.
If any bidder fails or refuses, for a period of ten days after notice pursuant to § 31-14-11, to enter into the contract, the board of county commissioners may award the contract in the same manner to the next lowest responsible bidder or may reject all bids and rebid the contract. The delinquent bidder shall forfeit to the county the certified check or bid bond accompanying the bid.
Source: SL 1919, ch 333, § 33; SL 1920 (SS), ch 89; SL 1925, ch 187; SDC 1939, § 28.1406; SL 2018, ch 168, § 47.
31-14-15. Return of certified checks accompanying bids.
After the execution of all contracts under § 31-14-11, the board of county commissioners shall promptly return to all bidders the certified checks accompanying their sealed bids.
Source: SL 1919, ch 333, § 33; SL 1920 (SS), ch 89; SL 1925, ch 187; SDC 1939, § 28.1406; SL 2018, ch 168, § 48.
31-14-17. Supervision of construction by county highway superintendent--Appointment and compensation of inspector.
The county highway superintendent shall have supervision of construction of any and all bridges built by the county and he shall have the power to appoint an inspector for any such bridge or piece of work at any time when in his judgment constant inspection of the same is necessary. The compensation of such inspector shall be paid out of the county road and bridge fund and be charged as part of the cost of the particular bridge in question.
Source: SL 1919, ch 333, § 34; SDC 1939, § 28.1407.
31-14-18. Progress reports by county highway superintendent--Partial payments on contracts.
The county highway superintendent shall report to the board of county commissioners every thirty days, or so often as they may require, as to the progress and character of the work done by the contractor of each bridge, or piece of work built by the county, and upon the report of said superintendent, partial payments in the amounts and manner specified for each particular bridge or piece of work shall be made. None of such partial payments, however, shall be held to constitute an acceptance of the work in whole or in part by the county.
Source: SL 1919, ch 333, § 34; SDC 1939, § 28.1407.
31-14-19. Cost statement prepared by county highway superintendent--Filing.
The county highway superintendent shall keep a detailed account of all material found necessary to add to or deduct from each and every structure as set forth in the plans and specifications. On completion of the structure the superintendent shall file with the county auditor a detailed statement of the cost of the structure, including the additions or reductions from the contract price and any compensation to the inspector.
Source: SL 1919, ch 333, § 34; SDC 1939, § 28.1407; SL 2010, ch 145, § 99; SL 2018, ch 168, § 50.
31-14-20. Bridge construction and repairs by county work authorized.
Any county of this state may build its own bridges, abutments, approaches, and foundations, and make repairs to same by day labor without advertising for bids on any such piece of work.
Source: SL 1919, ch 333, § 32; SL 1920 (SS), ch 89; SDC 1939, § 28.1405; SL 1961, ch 142, § 2.
31-14-21. Bridge construction or repairs by county labor--Supervision--Plans and specifications.
In lieu of accepting any bids received on any bridge, approach, or abutment, or repair to bridge, or in case of emergency, the board of county commissioners may, if in the board's judgment the bridge or piece of work may be procured for less money than the amount of any bid submitted, cause the same to be built by day labor by regular county labor and county-owned equipment. The county highway superintendent shall be in charge of the construction. The superintendent shall hire a foreman, purchase the necessary material, and hire the necessary labor for the construction of each bridge, or piece of work. The work shall be done in accordance with plans and specifications furnished by the department or a registered engineer, the same as any other bridge or piece of work let by contract.
Source: SL 1919, ch 333, § 35; SDC 1939, § 28.1408; SL 1959, ch 138; SL 2010, ch 145, § 100; SL 2018, ch 168, § 51.
31-14-22. Cost statement of county work prepared by county highway superintendent--Filing.
The county highway superintendent shall keep a careful and itemized account of the quantity and cost of all materials and labor used in the construction of each such bridge or piece of work authorized by § 31-14-21. The cost statement shall be filed with the county auditor.
Source: SL 1919, ch 333, § 35; SDC 1939, § 28.1408; SL 1959, ch 138; SL 2010, ch 145, § 101; SL 2018, ch 168, § 52.
31-14-23. Purchase of twelve months' supply of materials--Estimate by county highway superintendent--Specifications.
If it is deemed advisable by the board of county commissioners, the board may purchase material to be used in the construction of roads, bridges, and culverts, in quantities sufficient to meet the estimated demand of the county for the materials for the next succeeding twelve months. Before purchasing the materials, however, the board of county commissioners shall direct the county highway superintendent to prepare an estimate setting forth the needs of the county during the twelve months. The county highway superintendent shall prepare specifications of the quality of all materials. No patented material may be specified to the exclusion of unpatented material.
Source: SL 1919, ch 333, § 35; SDC 1939, § 28.1409; SL 2010, ch 145, § 102; SL 2018, ch 168, § 53.
31-14-24. Emergency contracts for repair of bridges and approaches authorized.
Whenever an emergency arises requiring immediate expenditure for the repair or rebuilding of bridges and approaches to bridges, when such bridges and approaches to bridges are required to be built immediately, and on such short time that in the judgment of the board of county commissioners the public would be seriously inconvenienced in awaiting the regular advertising for bids for such building and rebuilding of bridges and approaches, the board of county commissioners may enter into contract for any such building or rebuilding of bridges and approaches to bridges without advertising for the letting of any contract therefor.
Source: SL 1920 (SS), ch 33, § 1; SDC 1939, § 28.1410.
31-14-26. Insufficient funds to pay emergency contract--Issuance of emergency warrants.
If there are not sufficient funds in the road and bridge fund of any county for the payment of work authorized by § 31-14-24 the county commissioners are hereby authorized to issue emergency warrants based upon the assessments made and contemplated for road and bridge work.
Source: SL 1920 (SS), ch 33, § 2; SDC 1939, § 28.1410.
31-14-27. County construction or replacement of bridges and culverts on township secondary roads--Reimbursement of county.
If a township board of supervisors or county highway superintendent requests the board of county commissioners to construct or replace in its entirety any bridge or the placing or replacing of any culvert with an opening of sixteen square feet or more including material upon the secondary roads within the township, the board of county commissioners may cause the work to be done and the township shall reimburse the county up to and including five hundred dollars. If the cost is in excess of five hundred dollars, the county and township may enter into an agreement as to how the cost in excess of five hundred dollars will be split between the county and the township. After the placing or replacing of any culvert as provided in this section, the culvert shall be maintained and kept clean at the expense of the township. The construction or replacing of any bridge or the placing or replacing of any culvert with an opening of less than sixteen square feet upon a secondary road within a township shall be at the total expense of the township. The bridge or culvert shall be maintained and kept clean at the expense of the township.
Source: SL 1919, ch 333, § 30; SDC 1939, § 28.1403; SL 1949, ch 111; SL 1955, ch 102, § 2; SL 1957, ch 127; SL 1974, ch 203, § 1; SL 1980, ch 210; SL 1981, ch 226; SL 2018, ch 168, § 55.
31-14-31. Drainage ditch bridges.
Bridges erected over drainage ditches shall, where necessary, be so constructed as to allow the superstructure to be removed for cleaning such ditches with as little damage in the removal to permanent parts of said bridge as practicable.
Source: SL 1919, ch 333, § 38; SDC 1939, § 28.1413.
31-14-33. Inspection of township culverts--Duty of board of supervisors.
The township board of supervisors shall have each culvert on the secondary highways within the township annually inspected and, if necessary, repaired.
Source: SL 1919, ch 333, § 40; SDC 1939, § 28.1415; SL 2004, ch 195, § 1.
31-14-34. Inspection of culverts on secondary highways and county highway system--Duty of county highway superintendent.
The county highway superintendent shall make inspection of all culverts on secondary highways other than those described in § 31-14-33 and of all culverts on the county highway system and report to the board of county commissioners, which shall cause necessary repairs to be made.
Source: SDC 1939, § 28.1415.
31-14-35. County line bridges--Agreement apportioning responsibility--Cost of large bridges divided equally.
It shall be lawful and the duty of the respective boards of county commissioners of the counties adjoining any highway or meandered stream on a county line in this state to divide that portion of such county line between such counties into two or more parts or districts, and to enter into an agreement and contract providing that each of such counties shall assume the liability and become responsible for the construction and maintenance of all necessary bridges upon such county line in the district allotted to such county. In case the stream forming the boundary between two counties shall be so large that one county alone is unable to build a bridge out of the ordinary amount of funds available, it shall be the duty of the two counties when a bridge is built over such stream to divide the expense equally between such two counties.
Source: SL 1913, ch 114, § 1; RC 1919, § 8686; SDC 1939, § 28.1417.
31-14-36. County line bridges--Considerations in apportioning responsibility--Apportionment by department.
In making such apportionment of any highway or meandered stream constituting the county line between two or more counties, as provided by § 31-14-35, the respective boards of county commissioners shall take into consideration the number of streams crossing the highway and the probable necessity of the number of bridges to be constructed and to be kept in repair upon the county line. In apportioning the highway or stream, the boards shall equalize, as near as possible, the burden of building and maintaining the bridges on the highways of the county line. In case of a failure to apportion any such highway or meandered stream, as provided in § 31-14-35, the same shall be apportioned by the department.
Source: SL 1913, ch 114, § 2; RC 1919, § 8687; SDC 1939, § 28.1418; SL 2010, ch 145, § 104.
31-14-38. County line bridges--Sharing of costs in absence of apportionment contract.
Whenever the highway on the line between two counties has not been divided and portions thereof assigned to each county, and it is intended to build, alter, or repair the bridges thereon, the cost shall be borne equally by such counties.
Source: SL 1909, ch 166; SL 1917, ch 259; RC 1919, § 8685; SDC 1939, § 28.1416.
31-14-39. County line bridges--Petition and agreement for sharing costs in absence of prior apportionment contract.
If a petition is filed with the board of county commissioners of either county affected thereby, praying for the building, altering, or repairing of any bridge described in § 31-14-38, and the petition is found to comply with the law relating to petitions for bridges, it shall be the duty of the board of county commissioners of such county immediately to cause a copy of such petition to be filed with the county auditor of the other county to be affected thereby, and at the same time to give the commissioners of such county notice of the time and place when and where the commissioners will meet to consider such petition. At such meeting of the county commissioners of the two counties jointly affected thereby, they shall view the site of such bridge, and if such petition is granted, then by agreement between such commissioners either county may build, alter, or repair such bridge and one-half the cost shall be borne by each of such counties.
Source: SL 1909, ch 166; SL 1917, ch 259; RC 1919, § 8685; SDC 1939, § 28.1416.
31-14-40. County line bridges--Cost-sharing provisions not applicable where apportionment contract made.
Where counties have heretofore, by mutual agreement, apportioned the boundary road and bridges between such counties, the provisions of §§ 31-14-38 and 31-14-39 shall not be applicable to such roads and bridges.
Source: SL 1917, ch 259; RC 1919, § 8685; SDC 1939, § 28.1416.
31-14-46. Unlawful agreements on contracts--Offering or receiving bribes--Felony.
Any person receiving, or having any agreement to receive, a royalty, commission, percentage, or discount upon the contract price of any bridge, or piece of work, or bridge material, and who shall submit his sealed bid thereon with intent to secure the advantage of any competitive bidder, or any two or more persons who shall conspire together with intent to prevent competitive bidding upon any contract authorized by the provisions of this chapter or chapter 31-10, or any officer or agent for any bridge company who shall give, or offer to give, to any public official anything of value for the purpose of influencing such official in awarding any contract authorized by such chapters, or any public official who shall receive or accept anything of value from any officer or agent for any such bridge company, shall be guilty of a Class 6 felony.
Source: SL 1919, ch 333, § 39; SDC 1939, § 28.9914.
31-15-1 to 31-15-21. Repealed .
CHAPTER 31-17
BOUNDARY LINE HIGHWAYS
31-17-1 County highway system on state line--Agreements for assignment of responsibility.
31-17-2 Roads crossing county lines--Division of responsibility.
31-17-3 Roads crossing county lines--Appeal to Transportation Commission on division of responsibility.
31-17-4 County highway system on county line--Effect of assignment to county.
31-17-5 Secondary highway on county line--Assignment of responsibility.
31-17-6 Secondary highway on township line--Assignment of responsibility.
31-17-7 Boundary line highways between organized townships--Equal contribution by townships required unless mutual agreement reached.
31-17-8 Township boundary line highways--Resolution calling for contribution.
31-17-9 Township boundary line highways--Service of resolution--Notice of meetings.
31-17-10 Township boundary line highways--Purpose of joint meeting.
31-17-11 Township boundary line highways--Action brought on failure to agree on contribution.
31-17-12 Township boundary line highways--Parties and procedure in action to require contribution.
31-17-13 Township boundary line highways--Complaint and answer in action to require contribution.
31-17-14 Township boundary line highways--Judgment in action to require contribution.
31-17-15 Township boundary line highways--Cumulative effect of provisions for equal contribution.
31-17-16 Secondary highway on municipal boundary--Responsibility.
31-17-17 County highway on municipal boundary--Responsibility.
31-17-1. County highway system on state line--Agreements for assignment of responsibility.
If any portion of a county highway system lies on a state line, the Department of Transportation may confer with the authorities of the bordering state and agree upon the assignment of portions of the highway to the counties of the two states for construction, repair, and maintenance.
Source: SL 1919, ch 333, § 11; SDC 1939, § 28.0701; SL 2010, ch 145, § 105.
31-17-2. Roads crossing county lines--Division of responsibility.
Subject to approval of the department, boards of county commissioners of adjoining counties shall make proper connections between roads which cross county lines and which afford continuous routes of travel; adopt plans and specifications for highway construction, reconstruction, and repairs upon highways along and across county boundary lines, and make an equitable division between such counties of the cost and work of execution of such plans and specifications. In case of disagreement on the division, the Transportation Commission shall make the division.
Source: SL 1925, ch 188, § 1; SDC 1939, § 28.0705; SL 2010, ch 145, § 106.
31-17-3. Roads crossing county lines--Appeal to Transportation Commission on division of responsibility.
If boards of county commissioners fail to perform the duty prescribed by § 31-17-2, or in case of disagreement by such boards, an appeal may be made to the Transportation Commission by one of them. The commission shall notify the county auditors of the counties concerned that the commission will, on a day not less than ten days thereafter, at a named time and place within one of such counties, hold a hearing to determine all matters involved. At the hearing the commission shall fully investigate all questions involved, and shall, as soon as practicable, certify its decision to the different boards. The decision is final, and such boards shall comply.
Source: SL 1925, ch 188, § 2; SDC 1939, § 28.0705; SL 2010, ch 145, § 107.
31-17-4. County highway system on county line--Effect of assignment to county.
Any portion of a county highway system lying on a county line and assigned to a county by the Transportation Commission for construction and maintenance shall be considered as lying fully within the county and all procedure and requirements apply as if the road lay wholly within the limits of one county.
Source: SL 1919, ch 333, § 11; SDC 1939, § 28.0701; SL 2010, ch 145, § 108.
31-17-5. Secondary highway on county line--Assignment of responsibility.
The secondary highways on county lines shall be assigned to the charge of the boards of supervisors of organized civil townships or the board of county commissioners in the case of unorganized territory as may be agreed upon by the respective boards of county commissioners and in case of disagreement, as determined by the Transportation Commission.
Source: PolC 1877, ch 29, § 32; CL 1887, § 1222; RPolC 1903, § 1627; RC 1919, § 8574; SDC 1939, § 28.0703.
31-17-6. Secondary highway on township line--Assignment of responsibility.
The secondary highways wholly within one county on lines between organized townships shall be assigned to the charge of such townships as the respective boards of supervisors may agree, and, in case of disagreement, as the board of county commissioners shall determine; and those on the line between organized civil townships and unorganized territory as the board of commissioners shall determine.
Source: SL 1883, ch 112, § 47; CL 1887, § 1307; RPolC 1903, § 1718; SL 1909, ch 70; RC 1919, § 8573; SDC 1939, § 28.0702.
31-17-7. Boundary line highways between organized townships--Equal contribution by townships required unless mutual agreement reached.
Adjoining townships shall contribute equally to the construction, improvement, and repair of any township highway that lies on a section line forming the boundary between the townships. However, this section and §§ 31-17-8 to 31-17-15, inclusive, do not prohibit the supervisors of adjoining townships, by a majority of the supervisors from each township, from scheduling and holding a joint meeting of their township boards to mutually agree on alternative procedures for apportioning the responsibilities and costs of constructing, altering, or repairing any township boundary line highway, bridge, or culvert. Each township clerk shall record the time and location of the joint meeting and shall immediately publish notice of the proposed joint meeting in the same manner provided in §§ 8-3-4 and 8-3-5. Any order, notice, award, or apportionment contract, and any other documents resulting from the joint meeting shall be produced in duplicate, filed with each township office, and recorded by each township clerk. Any order, contract, or mutual agreement made before July 1, 1995, between adjoining township boards of supervisors apportioning or reapportioning a township boundary line road, bridge, or culvert is hereby validated and has the same force and effect as though executed after that date.
Source: SL 1961, ch 152, § 1; SL 1995, ch 172.
31-17-8. Township boundary line highways--Resolution calling for contribution.
The board of supervisors of an organized township, to be called, moving townships, may by resolution declare the necessity of the construction, improvement, or repairing of a township boundary line highway and call upon an adjoining organized township with which said highway forms a common boundary line, to contribute equally to the cost of such construction, improvement, or repair.
Source: SL 1961, ch 152, § 2.
31-17-9. Township boundary line highways--Service of resolution--Notice of meetings.
A copy of a resolution adopted under § 31-17-8 may then be served upon the board of supervisors of the adjoining township and such board shall within thirty days thereafter call a special meeting for the purpose of considering such resolution, and shall give notice in writing to the board of supervisors of the moving township of the time and place of such meeting, at least ten days in advance.
Source: SL 1961, ch 152, § 3.
31-17-10. Township boundary line highways--Purpose of joint meeting.
At the meeting provided for by § 31-17-9, the board of supervisors of the moving township and that of the adjoining township shall meet jointly and consider the construction, improvement, or repair of said boundary line highway, and shall endeavor to come to some mutual agreement thereon.
Source: SL 1961, ch 152, § 4.
31-17-11. Township boundary line highways--Action brought on failure to agree on contribution.
In the event that the board of supervisors of the adjoining township refuses to call a meeting as required in § 31-17-9, or in the event that such meeting is held, but no agreement can be reached concerning the construction, improvement, or repair of such highway, the board of supervisors of the moving township shall have the right, within thirty days, to bring an action in the circuit court against the adjoining township to require it to contribute equally to the cost of any necessary construction, improvement, or repair of such highway.
Source: SL 1961, ch 152, § 5.
31-17-12. Township boundary line highways--Parties and procedure in action to require contribution.
In the action authorized by § 31-17-11 the moving township shall be the plaintiff and the adjoining township shall be the defendant; the action shall be commenced by the service of summons and complaint as in civil cases and shall be governed by the rules of civil procedure.
Source: SL 1961, ch 152, § 6.
31-17-13. Township boundary line highways--Complaint and answer in action to require contribution.
The complaint in an action pursuant to § 31-17-11 shall briefly set forth sufficient facts to show that conditions exist which authorize the bringing of such action, a statement in reasonable detail describing the construction, improvement, or repair of such highway which is claimed to be necessary, the estimated cost thereof, and the reasons the same are necessary; the adjoining township shall have thirty days to answer the complaint and in its answer shall briefly set forth the reasons why it claims it should not be required to contribute to such construction, improvement, or repair.
Source: SL 1961, ch 152, § 7.
31-17-14. Township boundary line highways--Judgment in action to require contribution.
The court, by its judgment in an action pursuant to § 31-17-11, may determine the necessity and extent of any construction, improvement, or repair of such highway; the right to enforce equal contribution to the costs thereof by both townships; and the right to require the board of supervisors of both townships to jointly meet and advertise for bids and enter into a contract for the construction, improvement, or repair of such highway in the manner provided by §§ 5-18A-14 and 5-18B-10.
Source: SL 1961, ch 152, § 8; SL 2011, ch 2, § 137.
31-17-15. Township boundary line highways--Cumulative effect of provisions for equal contribution.
Sections 31-17-7 to 31-17-14, inclusive, shall be cumulative to any existing rights or remedies of townships.
Source: SL 1961, ch 152, § 9.
31-17-16. Secondary highway on municipal boundary--Responsibility.
The secondary highways on the boundary line of any municipality must be assigned to the municipality and adjoining civil township, or unorganized territory as provided in §§ 31-17-5 and 31-17-6.
Source: SDC 1939, § 28.0704; SL 1992, ch 60, § 2; SL 2024, ch 104, § 1.
31-17-17. County highway on municipal boundary--Responsibility.
A highway on the county highway system that is also on the boundary line of any municipality must be assigned to the charge of the municipality, board of supervisors of adjoining civil townships, or the board of county commissioners in the case of unorganized territory as may be agreed upon by the respective governing bodies and the secretary of transportation and in case of disagreement, as determined by the secretary of transportation. Any highway segment assigned exclusively to the charge of a municipality or board of supervisors of a civil township is not part of the county highway system.
Source: SL 2024, ch 104, § 2.
31-18-1
Existence of section-line highways by operation of law.
31-18-2
Width of highways--Side from which taken.
31-18-3
Vacation or change of location of highways
.
31-18-4
Relicted lands--Highway rights continue.
31-18-5
Liability for unimproved section line.
31-18-1. Existence of section-line highways by operation of law.
There is along every section line in this state a public highway located by operation of law, except where some portion of the highway along such section line has been heretofore vacated or relocated by the lawful action of some authorized public officer, board, or tribunal.
Source: SL 1870-1, ch 33, § 1; PolC 1877, ch 29, § 1; CL 1887, § 1189; RPolC 1903, § 1594; RC 1919, § 8519; SDC 1939, § 28.0102.
31-18-2. Width of highways--Side from which taken.
Every statutory section-line highway shall be sixty-six feet wide and shall be taken equally from each side of the section line, unless changed as provided in this title, but nothing herein contained shall prevent the highway authority charged with the construction, reconstruction, or repair of any public highway along a section line from purchasing or condemning right-of-way for widening the highway to more than sixty-six feet or from purchasing or condemning more right-of-way on one side of the section line than on the other, provided they deem it necessary so to do in order to provide a better highway, to avoid destruction of trees or valuable buildings or to avoid unsuitable terrain.
Source: PolC 1877, ch 29, § 3; CL 1887, § 1191; RPolC 1903, § 1596; RC 1919, § 8521; SDC 1939, § 28.0105; SL 1953, ch 132.
31-18-3. Vacation or change of location of highways.
The board of county commissioners may vacate or change the location of any section-line highway under its jurisdiction and the board of supervisors of an organized township may vacate or change the location of any section-line highway under its jurisdiction, as provided in this title, but neither board may vacate or change any portion of the state trunk highway system or any highway constructed by state or federal aid or any highway within the limits of a municipal corporation. A board of supervisors may not vacate or change any portion of the county highway system, nor may a board of county commissioners vacate or change any portion of the township road system. No board of county commissioners or board of supervisors may vacate a section-line highway that provides access to public lands or public waters embracing an area of not less than forty acres. This section does not prohibit the closing of a section-line highway to vehicular traffic if the highway is unsafe for vehicular traffic.
Source: SDC 1939, § 28.0106; SL 1989, ch 253, § 2; SL 2012, ch 154, § 2; SL 2018, ch 170, § 2.
31-18-4. Relicted lands--Highway rights continue.
The apportionment, division, or survey of lands acquired by reliction, either by the owner or owners of such lands, or by virtue of the judgment of any court, pursuant to the provisions of this code, shall not in any manner operate as an abandonment or vacation of any legal highway along or across any such lands, and all section-line highways along or across any such lands shall continue to be public highways until changed or vacated in the manner provided by law.
Source: SL 1905, ch 119; RC 1919, § 8617; SDC 1939, § 28.0111.
31-18-5. Liability for unimproved section line.
Notwithstanding the provisions of § 20-9-16, a landowner owes no duty of care to keep an unimproved section line safe for entry or use by any uninvited person for an outdoor recreational purpose or tourism activity. The landowner does not have a duty to give any warning of a dangerous condition, use, or structure on an unimproved section line to any uninvited person entering for an outdoor recreational purpose or tourism activity, except for any condition created by the willful and wanton act of the landowner.
Source: SL 2017, ch 124, § 1.
CHAPTER 31-19
ACQUISITION OF LAND AND MATERIALS FOR HIGHWAY PURPOSES
31-19-1 Right-of-way and borrow pit--Purchase or condemnation--Proceedings.
31-19-1.1 Acquisition of land to provide for relocation of utility lines and facilities displaced by highway project--Use--Rules.
31-19-1.2 Owner or operator of utility lines or facilities not required to relocate to acquired easement or fee interest in real estate.
31-19-2 Resolution of necessity--Recordation and filing.
31-19-3 Condemnation--Petition--Parties defendant--Contents of petition--Verification.
31-19-4 Pleadings necessary--Interpleader--Compensation only issue.
31-19-5 Omitted defendants--Amendment of petition.
31-19-6 Notice in register of deeds' office--Contents of notice--Effect of notice.
31-19-7 Summons to defendants--Contents--Time for response.
31-19-8 Service of summons--Unknown parties--Publication of summons.
31-19-9 Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons.
31-19-10 Personal service on nonresident defendant.
31-19-10.1 Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.
31-19-11 Defaulting defendants--Affidavit of default--Summoning jurors--Procedure for summoning.
31-19-12 Hearing at special term--Rights of defendants--Rules of civil procedure applicable.
31-19-13 Conduct of proceedings--Notice of trial.
31-19-14 Continuance respecting unserved defendants.
31-19-15 View of premises by jury.
31-19-16 Compensation ascertained by jury--Separate verdicts for separate tracts.
31-19-17 Benefits to defendant as affecting compensation.
31-19-18 Return of verdict--Recordation--Judgment--Deposit in favor of nonappearing defendants--Possession of land awarded to state.
31-19-19 Compensation paid out of state highway funds as part of cost of state trunk highway.
31-19-20 Purchase or condemnation of land outside right-of-way--Payment--Procedure.
31-19-20.1 Acquisition of easement or fee interest for relocation of utility line or facilities not evidence in chapter 21-35 action.
31-19-21 Procedure as cumulative--General condemnation rules not impaired.
31-19-22 31-19-22. Repealed by SL 2010, ch 145 § 109.
31-19-23 Procedure to effect immediate taking--Declaration of taking--Contents of declaration.
31-19-24 Title vesting in state or municipality--Right to compensation vesting in owner--Effective date.
31-19-25 Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court.
31-19-26 Service of declaration of taking--Registered or certified mail.
31-19-27 Parties omitted from declaration of taking--Amendment--Amendment as not deferring effect of declaration.
31-19-28 Court deposit of money required for taking--Expediting distribution of money.
31-19-29 Payment of moneys on deposit--Payment of additional moneys after award is made.
31-19-30 Payment to owner--Receipt by owner--Contents of receipt.
31-19-31 Priority of proceedings to determine just compensation.
31-19-32 Right to jury trial--Waiver--Placing cause on calendar without notice.
31-19-33 Trial on question of just compensation--Judgment--Interest on award--Interest on amounts already deposited in court.
31-19-34 Compensation exceeding amounts already distributed--Judgment for deficiency--Compensation for less than amount already distributed--Judgment against defendant.
31-19-35 Prohibition against abandoning condemnation proceeding.
31-19-36 Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title.
31-19-37 Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality.
31-19-38 Appeal as not delaying proceeding.
31-19-39 31-19-39. Repealed by SL 2010, ch 145, § 110.
31-19-40 Procedure as cumulative.
31-19-41 31-19-41. Repealed by SL 2010, ch 145, § 111.
31-19-41.1 Uneconomic remnant from land acquisition by county or first or second class municipality.
31-19-42 Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical.
31-19-43 Title to land.
31-19-44 Lease of non-right-of-way property.
31-19-45 Sale of non-right-of-way property.
31-19-46 Exchange of non-right-of-way property.
31-19-47 Owner's agreement with state relinquishing possession pending determination of damages--Interest pending payment of damages--Tender of payment.
31-19-48 Tender of estimated compensation--Landowner's rights unaffected by tender or acceptance.
31-19-49 Financial assistance to persons displaced by highway acquisition.
31-19-49.1 Financial assistance when federal funds are unavailable.
31-19-50 31-19-50 to 31-19-55. Repealed by SL 2014, ch 134, §§ 2 to 7.
31-19-56 31-19-56 to 31-19-59. Repealed by SL 1984, ch 207, §§ 57 to 60
31-19-60 Lands no longer needed--Reversion of condemned lands--Sale of lands acquired by gift, devise or purchase--Purchase by abutting landowner--Right of use by utility.
31-19-61 31-19-61, 31-19-62. Repealed by SL 1984, ch 207, §§ 61, 62
31-19-63 Transfer of right-of-way between state and political subdivisions.
31-19-63.1 Transfer of right-of-way to federal government or Indian tribe.
31-19-64 Order or resolution to transfer right-of-way--Conveyance--Effect.
31-19-65 Functional replacement of real property in public ownership.
31-19-1. Right-of-way and borrow pit--Purchase or condemnation--Proceedings.
The land or material for right-of-way and borrow pit may be acquired for the state by the Department of Transportation, either by gift, purchase, or condemnation. If said land or material is to be acquired by condemnation the proceedings shall be as provided by § 31-19-3.
Source: SL 1939, ch 113, § 2; SDC Supp 1960, § 28.13A02; SL 1966, ch 83.
31-19-1.1. Acquisition of land to provide for relocation of utility lines and facilities displaced by highway project--Use--Rules.
The Department of Transportation may acquire by gift, devise, purchase, or condemnation, an easement or fee interest in real estate, other than a right-of-way, for the purpose of providing a suitable location for the relocation of utility lines and facilities displaced as a result of a highway construction project. After all displaced utility lines and facilities have been appropriately relocated, the department may allow the use of such property by additional utilities under the terms and conditions established by the department. The South Dakota Transportation Commission may provide, by rules promulgated pursuant to chapter 1-26, for the terms and conditions for use of such property by utilities.
Source: SL 2004, ch 196, § 1.
31-19-1.2. Owner or operator of utility lines or facilities not required to relocate to acquired easement or fee interest in real estate.
No owner or operator of utility lines or facilities displaced as a result of a highway construction project may be compelled to relocate those utility lines or facilities to either an easement or a fee interest acquired pursuant to § 31-19-1.1.
Source: SL 2004, ch 196, § 2.
31-19-2. Resolution of necessity--Recordation and filing.
Before acquiring land or material by condemnation, the Department of Transportation shall, by resolution, declare the necessity for acquiring the land or material and file a copy of the resolution with the office of right-of-way in the department.
Source: SL 1939, ch 113, § 3; SDC Supp 1960, § 28.13A03; SL 1976, ch 184, § 2; SL 1977, ch 242, § 2; SL 1998, ch 170, § 1; SL 2004, ch 196, § 3; SL 2004, ch 197, § 1.
31-19-3. Condemnation--Petition--Parties defendant--Contents of petition--Verification.
If land or material is to be acquired by condemnation, the Department of Transportation, on behalf of the state and in its name, shall file a petition in the circuit court for the county in which the property to be taken or damaged is situated, praying that the just compensation be made and such property be ascertained by a jury and shall name the Department of Transportation as the department of the state government desiring to take or damage the property on behalf of the state as plaintiff. All persons having an interest in or a lien upon the property affected by the proceedings shall be named as defendants so far as they may be known at the time of the filing of the petition. It shall contain a description of the property to be taken or damaged and shall contain a copy of the related resolution of necessity that was passed by the Transportation Commission. The purpose for which the property is to be taken or damaged shall be clearly set forth in the petition. It is not necessary to specify the interest or claim of the several defendants in the land or property affected by the proceedings. The petition shall be signed and verified in the manner and as provided by § 15-6-11 relating to the signing of pleadings in the circuit courts.
Source: SL 1939, ch 113, § 2; SDC Supp 1960, § 28.13A02; SL 1966, ch 83; SL 2004, ch 196, § 4.
31-19-4. Pleadings necessary--Interpleader--Compensation only issue.
No pleading other than the petition shall be required in a condemnation proceeding initiated pursuant to § 31-19-3, unless ordered by the court. If there be adverse claimants for the compensation, the court may require such adverse claimants to interplead, so as to determine fully the rights and interests in such compensation. The only issue that shall be tried by the jury upon the petition shall be the amount of compensation to be paid for the property taken or damaged.
Source: SL 1939, ch 113, § 4; SDC Supp 1960, § 28.13A04.
31-19-5. Omitted defendants--Amendment of petition.
If any person who is a proper party defendant to such proceeding, or any property affected thereby, shall have been omitted from said petition or notice, the plaintiff may file amendments to the same, which amendments from the filing thereof shall have the same effect as though contained in said petition and notice.
Source: SL 1939, ch 113, § 5; SDC Supp 1960, § 28.13A05.
31-19-6. Notice in register of deeds' office--Contents of notice--Effect of notice.
At any time after the filing of the petition the plaintiff may file for record in the office of the register of deeds of the county in which the petition is filed a notice of the pendency of the proceeding, containing the names of the parties plaintiff and defendant, a statement of the purpose of the proceeding, and a description of the property through or over which the proposed improvement is to be constructed, which notice shall be recorded and indexed in the same manner as provided by law for the recording and indexing of notices of the pendency of actions in the circuit court, and from the date of the filing thereof shall be notice to all subsequent purchasers or encumbrancers of the property therein described.
Source: SL 1939, ch 113, § 6; SDC Supp 1960, § 28.13A06.
31-19-7. Summons to defendants--Contents--Time for response.
At any time after the filing of the petition the plaintiff may issue a summons to the defendants, which shall be entitled in the action or proceeding, and state the time and place of filing the petition, the nature of the proceeding, and contain a notice to the effect that if the defendants do not respond to said proceeding as provided in § 31-19-10.1 within thirty days from the service thereof, exclusive of the day of service, the plaintiff will apply to the court for an order to impanel a jury and ascertain the just compensation for the property proposed to be taken or damaged in such proceeding.
Source: SL 1939, ch 113, § 7; SL 1953, ch 152; SDC Supp 1960, § 28.13A07; SL 1976, ch 184, § 3.
31-19-8. Service of summons--Unknown parties--Publication of summons.
The summons under § 31-19-7 may be served as in civil actions unless otherwise provided in this chapter. If there are unknown owners or persons interested in the property to be taken or damaged, or if any of the defendants are not residents of the state, the plaintiff may apply to the court upon affidavit setting forth the nature of the proceeding, and the facts in relation to such unknown persons or nonresident defendants, for an order of publication of such summons, whereupon the court shall grant such order.
Source: SL 1939, ch 113, § 7; SL 1953, ch 152; SDC Supp 1960, § 28.13A07.
31-19-9. Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons.
The summons as published shall have annexed thereto a notice that if the defendants as to whom publication has been ordered do not appear in said proceeding within ten days from the last publication thereof, the plaintiff will make application to the court for the order mentioned in the body of the summons. Such summons shall be published once a week for two successive weeks in some newspaper published and of general circulation in the county where the proceeding is had, and the publication of the same shall show at the top thereof the date of the last publication; and except as modified by §§ 31-19-7 to 31-19-10, inclusive, the proceedings for publication of the summons shall in all respects be governed by the provisions of Title 15, relating to publication of summons.
Source: SL 1939, ch 113, § 7; SL 1953, ch 152; SDC Supp 1960, § 28.13A07.
31-19-10. Personal service on nonresident defendant.
Personal service on any defendant outside of the state shall be of the same effect as service within the state and shall dispense with necessity of publication as to such defendant.
Source: SL 1939, ch 113, § 7; SL 1953, ch 152; SDC Supp 1960, § 28.13A07.
31-19-10.1. Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.
Within thirty days of the service of summons provided in § 31-19-7 or service of the declaration of taking provided in § 31-19-26, a defendant may demand a hearing in circuit court on the issue of the necessity of acquiring the property. Failure to make such demand or consent in writing to the taking, within the thirty-day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the South Dakota Transportation Commission or by a municipality, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.
Source: SL 1976, ch 184, § 1; SL 1977, ch 242, § 1; SL 1990, ch 226, § 1.
31-19-11. Defaulting defendants--Affidavit of default--Summoning jurors--Procedure for summoning.
If no appearance be made by any defendant within the time specified in the summons, the plaintiff, upon affidavit of the default, may apply to the court for an order directing the clerk of courts to draw and summon eighteen jurors to attend at the courthouse or place of holding the circuit court for the county, at a time to be specified in such order. Said jurors shall be drawn and summoned in the same manner as jurors are drawn and summoned for a regular or special term of the circuit court.
Source: SL 1953, ch 152; SDC Supp 1960, § 28.13A07.
31-19-12. Hearing at special term--Rights of defendants--Rules of civil procedure applicable.
At the time and place specified in the order, a special term of the court shall be held, at which the proceedings in impaneling the jury, trial, and rendering of the verdict or verdicts shall be conducted in the same manner as in civil actions, except that every defendant shall have the same rights and privileges, upon such trial, to challenge jurors and examine and cross-examine witnesses and participate therein, by himself or attorney, as a defendant in a civil action who has appeared and answered.
Source: SL 1953, ch 152; SDC Supp 1960, § 28.13A07.
31-19-13. Conduct of proceedings--Notice of trial.
As to all the defendants who appear within the time specified in the summons, the proceeding shall be conducted in the manner provided by §§ 31-19-11 and 31-19-12, except that three days' notice of the time and place of trial may be given by either party and the case brought on for trial at any regular or special term of court called for such purpose.
Source: SL 1953, ch 152; SDC Supp 1960, § 28.13A07.
31-19-14. Continuance respecting unserved defendants.
As to all defendants not served before the trial the proceedings shall be continued as the court may direct, for the purpose of serving the summons on such defendants.
Source: SL 1939, ch 113, § 8; SDC Supp 1960, § 28.13A08.
31-19-15. View of premises by jury.
Upon the demand of any party to the proceeding, if the court shall deem it necessary, the jury may view the premises under the rules of law for viewing by the jury.
Source: SL 1939, ch 113, § 9; SDC Supp 1960, § 28.13A09.
31-19-16. Compensation ascertained by jury--Separate verdicts for separate tracts.
If the compensation for all the property taken or damaged is ascertained by the jury upon one trial, they shall ascertain and return in their verdict the compensation to be paid for each distinct lot or parcel of land or property taken or damaged.
Source: SL 1939, ch 113, § 9; SDC Supp 1960, § 28.13A09.
31-19-17. Benefits to defendant as affecting compensation.
In all cases of taking or damaging property, the jury shall take into consideration the benefits which may accrue to the owner thereof as the result of the proposed improvement.
Source: SL 1939, ch 113, § 9; SDC Supp 1960, § 28.13A09.
31-19-18. Return of verdict--Recordation--Judgment--Deposit in favor of nonappearing defendants--Possession of land awarded to state.
Upon the return of the verdict the court shall order the same to be recorded, and shall enter such judgment thereon as the nature of the case may require, and that the plaintiff pay to the persons entitled thereto the amount of compensation ascertained by the verdict or deposit the same with the clerk of courts for any defendant, who cannot be found and immediately upon the payment of said compensation or offer of payment, should same be refused, and deposited as aforesaid, possession shall be given the state for the purpose of said improvement.
Source: SL 1939, ch 113, § 10; SDC Supp 1960, § 28.13A10.
31-19-19. Compensation paid out of state highway funds as part of cost of state trunk highway.
Whenever any land, easement in land or material is necessary for right-of-way in order to make a safe or proper grade, for the relocating of utility facilities, or for widening, changing, relocating, constructing, reconstructing, maintaining, or repairing any portion of the state trunk highway, or if it is necessary for providing cut slopes, borrow pits, channel changes, or to afford unobstructed vision on any state trunk highway and at any point of danger to public travel, for right-of-way and borrow pit, the State of South Dakota, through and by its Department of Transportation, or any county authorized by agreement to acquire on behalf of the state, shall acquire and pay for the same out of state highway funds unless it is otherwise agreed. The cost of the land or material and expense of purchase or condemnation shall be paid as part of the cost of the state trunk highway unless otherwise agreed.
Source: SL 1939, ch 113, § 1; SDC Supp 1960, § 28.13A01; SL 1965, ch 135; SL 2004, ch 196, § 5.
31-19-20. Purchase or condemnation of land outside right-of-way--Payment--Procedure.
Whenever any land or material, dirt, sand, or gravel is required for the construction, reconstruction, maintaining, or repairing of any portion of the state trunk highway, or for the relocating of utility facilities, and if the land or material, dirt, sand, or gravel lies outside the right-of-way of the highway or adjacent borrow pits, the state shall purchase or condemn the land or material, dirt, sand, or gravel and pay for the same out of the state highway fund. The land or material, dirt, sand, or gravel may be acquired either by purchase or condemnation and any cost or expense of purchase or condemnation shall be paid for in the same manner as material, dirt, sand, or gravel or land is paid for. In case of condemnation, the proceedings provided for condemnation in §§ 31-19-1 to 31-19-19, inclusive, or the provisions of chapter 21-35 are applicable and either proceeding may be used.
Source: SL 1941, ch 136, § 1; SDC Supp 1960, § 28.13A14; SL 2004, ch 196, § 6.
31-19-20.1. Acquisition of easement or fee interest for relocation of utility line or facilities not evidence in chapter 21-35 action.
The acquiring of an easement or fee interest pursuant to 31-19-1.1 may not be admitted as evidence in any action under chapter 21-35 brought by any owner or operator of utility lines or facilities displaced as a result of a highway construction project. Any easement or fee interest acquired pursuant to § 31-19-1.1 may not serve as a basis for a finding of fraud, bad faith, or abuse of discretion under § 21-35-10.1.
Source: SL 2004, ch 196, § 7.
31-19-21. Procedure as cumulative--General condemnation rules not impaired.
Nothing in §§ 31-19-1 to 31-19-19, inclusive, shall be construed as to impair any provisions of chapter 21-35, but the proceedings herein provided for shall be construed as additional and cumulative thereto.
Source: SL 1939, ch 113, § 13; SDC Supp 1960, § 28.13A13.
31-19-23. Procedure to effect immediate taking--Declaration of taking--Contents of declaration.
In any proceeding in any court of the State of South Dakota which has been or may be instituted by and in the name of and under the authority of the State of South Dakota through its Department of Transportation, or by a municipality, pursuant to a resolution of necessity for the acquisition of any land or easement or right-of-way in land for the public use, pursuant to §§ 31-19-1 to 31-19-20, inclusive, or pursuant to § 9-12-1 or 9-27-1 and chapter 21-35, the petitioner may file in the cause, with the petition or any time before final judicial determination of the rights of the parties, a declaration of taking, signed by the secretary of transportation or by the mayor of a municipality, declaring that the lands are thereby taken for the use of the State of South Dakota or by the municipality. The proceedings as provided under this chapter may be utilized by a municipality only if it is acquiring land, or an easement, or a right-of-way for streets or roadways, or uses directly associated to streets or roadways. The declaration of taking shall contain or have annexed thereto:
(1) A statement of the authority under which, and the public use for which, said lands are taken;
(2) A description of the lands taken sufficient for the identification thereof;
(3) A statement of the estate or interest in said lands taken for said public use;
(4) Name of owner of the property or persons in interest, as are known;
(5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken and damaged;
(6) Any prior written memoranda or agreement, right-of-way plans and specifications for the proposed highway, setting forth in detail the access roads, underpasses, overpasses, drainage facilities, and other features as pertain to the adjacent landowner's access to, and means of crossing over and under the proposed highway, together with a description of any additional factors which the state or municipality intends to rely upon in mitigation of damages. Any substantial deviation by the department of transportation or municipality from the written memoranda or agreement, plans and descriptions so filed which amounts to an additional taking or damage, shall entitle the affected landowner to proceed against the state or municipality for additional compensation;
(7) A detailed appraisal upon which the amount of the state's or municipality's deposit is based.
Source: SL 1963, ch 195, § 1; SL 1990, ch 226, § 2.
31-19-24. Title vesting in state or municipality--Right to compensation vesting in owner--Effective date.
Title to the lands in such estate or interest therein as is specified in the declaration described in § 31-19-23 shall vest in the State of South Dakota or the municipality, and the land shall be deemed to be condemned and taken for the use of the State of South Dakota or the municipality, and the right to just compensation for the same shall vest in the persons entitled thereto either on the date the decision is rendered at the hearing provided in § 31-19-10.1 or the date the hearing is waived.
Source: SL 1963, ch 195, § 1; SL 1976, ch 184, § 4; SL 1990, ch 226, § 3.
31-19-25. Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court.
Upon the filing of a declaration of taking pursuant to § 31-19-23, the court shall fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. To that end, a notice shall issue to the effect that if the defendants do not appear in or respond to the proceedings within thirty days after service thereof, exclusive of the day of such service, the state or municipality shall apply to the court for an order of possession. Thereupon, by order of the court, a notice of hearing shall be issued and served as provided in § 31-19-26, upon the recorded owners of all lands sought to be acquired or damaged, fixing a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by § 31-19-10.1 is filed, in which case the hearing provided herein may be held sooner. The court shall make such orders in respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as may be just and equitable.
Source: SL 1963, ch 195, § 1; SL 1976, ch 184, § 5; SL 1990, ch 226, § 4.
31-19-26. Service of declaration of taking--Registered or certified mail.
A copy of the declaration of taking filed pursuant to § 31-19-23 and amendments thereto shall be served with the condemnation petition or by mailing a copy thereof to each of the known defendants by registered or certified mail at their last known post office address.
Source: SL 1963, ch 195, § 1.
31-19-27. Parties omitted from declaration of taking--Amendment--Amendment as not deferring effect of declaration.
If any person who is a proper party defendant, or any property affected thereby, shall have been omitted from the declaration of taking filed pursuant to § 31-19-23, the plaintiff may file amendments to include the same, which amendments from the filing thereof shall have the same force and effect as though included in the original proceedings. The naming or omission of defendants' names shall not defer the effect of the declaration of taking.
Source: SL 1963, ch 195, § 1.
31-19-28. Court deposit of money required for taking--Expediting distribution of money.
If the State of South Dakota through its Department of Transportation or a municipality elects to utilize the procedures set forth in §§ 31-19-23 to 31-19-27, inclusive, for possession of property, the petitioner shall deposit with the court the money required by § 31-19-24 as a condition to the exercise of such power. In such cases, the court and the attorneys shall expedite the proceedings for the distribution of the money so deposited and for the ascertainment and payment of just compensation. However, the defendant may demand a hearing on the board's right to take as provided in § 31-19-10.1.
Source: SL 1963, ch 195, § 3; SL 1976, ch 184, § 6; SL 1990, ch 226, § 5.
31-19-29. Payment of moneys on deposit--Payment of additional moneys after award is made.
Upon the application of the parties in interest, the court may order that one hundred percent of the money deposited in court pursuant to § 31-19-28, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded in respect of the lands, or upon any parcel thereof, shall exceed the amount of money so received by any person entitled, the court shall enter judgment against the State of South Dakota or the municipality for the amount of the deficiency.
Source: SL 1963, ch 195, § 1; SL 1990, ch 226, § 6.
31-19-30. Payment to owner--Receipt by owner--Contents of receipt.
Every owner entitled to deposit or portion thereof, before the same shall be paid to him by the clerk of courts, shall sign and execute a receipt therefor. Such receipt shall contain a description of the premises covered by the award.
Source: SL 1963, ch 195, § 2.
31-19-31. Priority of proceedings to determine just compensation.
Court proceedings necessary to determine just compensation for property, immediate possession of which was acquired by declaration of taking by the State of South Dakota through its Department of Transportation or a municipality, may take precedence over all other cases not involving public interest in all courts.
Source: SL 1963, ch 195, § 9; SL 1990, ch 226, § 7.
31-19-32. Right to jury trial--Waiver--Placing cause on calendar without notice.
The owner or any persons in interest shall have a jury trial, unless jury trial is waived, to determine their damages and such cause shall be placed on the court calendar for trial without notice at the next regular term of court in the county in which such case is pending.
Source: SL 1963, ch 195, § 10.
31-19-33. Trial on question of just compensation--Judgment--Interest on award--Interest on amounts already deposited in court.
After the right to compensation has vested pursuant to § 31-19-24, the condemnation action in which the declaration of taking has been filed shall go to trial and just compensation shall be ascertained and awarded in the proceeding and be established by judgment. The judgment shall include interest at the Category A rate of interest as established in § 54-3-16 on the amount finally awarded as the value of the property as of the date of the court deposit. Interest shall accumulate from that date to the date of payment, but interest may not be allowed on money which has been paid into the court.
Source: SL 1963, ch 195, § 1; SL 1983, ch 28, § 44; SL 1984, ch 214; SL 1984, ch 319, § 20.
31-19-34. Compensation exceeding amounts already distributed--Judgment for deficiency--Compensation for less than amount already distributed--Judgment against defendant.
If the compensation finally awarded to any defendant exceeds the amount which has been paid to him on distribution of the deposit, the court shall enter judgment against the petitioners and in favor of the defendant for the deficiency. If the compensation finally awarded to any defendant is less than the amount which has been paid to him on distribution of the deposit the court shall enter judgment against the defendant and in favor of the petitioner for the overpayment.
Source: SL 1963, ch 195, § 3.
31-19-35. Prohibition against abandoning condemnation proceeding.
A proceeding to condemn land for public use may not be abandoned after filing of declaration of taking, so as to deprive an owner whose property had been taken of his constitutional right to have damages assessed and paid in money.
Source: SL 1963, ch 195, § 7.
31-19-36. Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title.
In any case in which the State of South Dakota or a municipality has taken possession of any real property during the course of condemnation proceedings and in advance of final judgment therein, and the State of South Dakota or the municipality has become irrevocably committed to pay the amount ultimately to be awarded as compensation, it shall be lawful to expend moneys duly appropriated for that purpose in demolishing, moving, or selling existing structures on said land and in erecting public improvements or public works thereon; provided, that in the opinion of the attorney general or in the case of a municipality, the municipality's attorney, the title has been vested in the State of South Dakota or the municipality.
Source: SL 1963, ch 195, § 6; SL 1990, ch 226, § 8.
31-19-37. Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality.
In any condemnation proceeding instituted by or on behalf of the State of South Dakota, the attorney general may stipulate or agree upon behalf of the State of South Dakota to exclude any property or part thereof, or any interest therein, that may have been, or may be, taken by or on behalf of the State of South Dakota by declaration of taking or otherwise. In the case of a municipality, the municipality's attorney or other duly authorized representative may take the action provided in this section.
Source: SL 1963, ch 195, § 8; SL 1990, ch 226, § 9.
31-19-38. Appeal as not delaying proceeding.
No appeal in any cause under §§ 31-19-23 to 31-19-34, inclusive, nor any bond or undertaking given therein operates to prevent or delay vesting of title, interest, or possession to such lands in the State of South Dakota or the municipality.
Source: SL 1963, ch 195, § 4; SL 1990, ch 226, § 10.
31-19-40. Procedure as cumulative.
Nothing in §§ 31-19-23 to 31-19-38, inclusive, may be construed as to impair any provisions of chapter 21-35 or §§ 31-19-1 to 31-19-21, inclusive, or §§ 9-12-1 and 9-27-1, but the proceedings herein provided for are additional and cumulative thereto.
Source: SL 1963, ch 195, § 5; SL 1990, ch 226, § 11.
31-19-41.1. Uneconomic remnant from land acquisition by county or first or second class municipality.
A county or first or second class municipality acquiring right-of-way for a highway or street improvement with federal-aid funds shall offer to acquire any remaining property remnant if the acquisition of only part of the property would leave its owner with an uneconomic remnant.
Source: SL 1983, ch 229.
31-19-42. Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical.
Any first or second class municipality, county, township, or other governmental agency may acquire by gift, devise, or purchase, a fee ownership in real estate including right-of-way, for the construction and maintenance of the municipal, county, or township highway system, for the functional operation of the municipality, county, or township, and where, in relation to right-of-way acquisition, uneconomic remnants of land would be left to the original owner or where severance damages to a remainder make the acquisition of the entire tract or parcel more economical to the municipality or county. The Department of Transportation may acquire by gift, devise, or purchase, a fee ownership in real estate including right-of-way, for the construction and maintenance of the state highway system, for the functional operation of the department, and where, in relation to right-of-way acquisition, uneconomic remnants of land would be left to the original owner or where severance damages to a remainder make the acquisition of the entire tract or parcel more economical to the state. The department may not acquire fee ownership in right-of-way taken by condemnation proceedings.
Source: SL 1961, ch 145, § 1; SL 1967, ch 116; SL 1983, ch 226, § 1; SL 1986, ch 238, § 1; SL 1992, ch 60, § 2; SL 2010, ch 148, § 1.
31-19-43. Title to land.
Land acquired pursuant to § 31-19-42 is to be held in the name of the State of South Dakota acting by and through its Department of Transportation or the first or second class municipality or county which acquired the land.
Source: SL 1961, ch 145, § 1; SL 1967, ch 116; SL 1983, ch 226, § 2.
31-19-44. Lease of non-right-of-way property.
The Department of Transportation may lease property acquired under § 31-19-42 that will not be sold immediately.
Source: SL 1961, ch 145, § 4 as added by SL 1967, ch 116.
31-19-45. Sale of non-right-of-way property.
The Department of Transportation is authorized when in its opinion real estate acquired pursuant to § 31-19-42 is no longer needed for the purpose it was acquired, to sell and dispose of same in the manner set forth by law for the disposal and sale of highway real property.
Source: SL 1961, ch 145, § 2; SL 1967, ch 116.
31-19-46. Exchange of non-right-of-way property.
Notwithstanding § 31-2-27, the Department of Transportation may exchange acquired lands with landowners from whom right-of-way or real property may be needed.
Source: SL 1961, ch 145, § 3 as added by SL 1967, ch 116; SL 2021, ch 128, § 3.
31-19-47. Owner's agreement with state relinquishing possession pending determination of damages--Interest pending payment of damages--Tender of payment.
Whenever the owner of real property relinquishes possession of it to the Department of Transportation under an agreement whereby the amount of damages for the taking remain to be determined, interest shall accrue at the Category A rate of interest as established in § 54-3-16 from the date of the agreement to the date of payment of the damages finally determined, whether the damages are determined by negotiation or condemnation, unless payment is tendered under the provisions of § 31-19-48.
Source: SL 1963, ch 193; SL 1964, ch 96; SL 1967, ch 117; SL 1983, ch 28, § 45; SL 1984, ch 319, § 21.
31-19-48. Tender of estimated compensation--Landowner's rights unaffected by tender or acceptance.
In the circumstances described by § 31-19-47, the Department of Transportation may tender to the owner a portion or all of the state's estimated compensation for such acquisition. Tender of funds shall operate to stop the running of interest on the sum tendered. The landowner may accept such money without in any way prejudicing his rights during the trial of this matter, nor can this fact or the amount of money accepted hereunder, be brought before the court or jury by either the state or the landowner.
Source: SL 1963, ch 193, § 2 as added by SL 1967, ch 117.
31-19-49. Financial assistance to persons displaced by highway acquisition.
If federal funds are available for payment of direct financial assistance to persons displaced by highway acquisition, the Department of Transportation, any board of county commissioners, or any county highway board may match such federal funds to the extent provided by federal regulation as of February 3, 2005.
Source: SL 1963, ch 194; SL 1969, ch 114; SL 1971, ch 178, § 1; SL 1987, ch 210, § 10; SL 1988, ch 48, § 2; SL 2006, ch 156, § 1.
31-19-49.1. Financial assistance when federal funds are unavailable.
If federal funds are not available or used for payment of direct financial assistance to persons displaced by the acquisition of property by the Department of Transportation or counties, the department or boards of county commissioners or county highway boards may provide direct financial assistance to such persons. Financial assistance authorized by this section may not exceed the total amount that would have been payable under § 31-19-49 if federal funds had been available or used.
Source: SL 1963, ch 194 as enacted by SL 1969, ch 114; SL 1971, ch 178, § 2; SL 1987, ch 210, § 11.
31-19-60. Lands no longer needed--Reversion of condemned lands--Sale of lands acquired by gift, devise or purchase--Purchase by abutting landowner--Right of use by utility.
If the Department of Transportation or any board of county commissioners determines that any lands taken by condemnation proceedings or acquired as public use easements are no longer required for use in constructing or repairing public highways, the Transportation Commission or the board shall adopt a resolution to that effect and such lands shall revert to their former owner or his assigns. The Department of Transportation may sell and dispose of any lands acquired by gift, devise, or purchase in which fee ownership was obtained and which is no longer needed for the purpose it was acquired. The land shall be sold in the same manner set forth by § 31-2-27. However, an abutting landowner shall have the first opportunity to purchase any right-of-way to the center of the right-of-way at its appraised value. No reversion, sale, or disposition of any highway as provided in this chapter may diminish any existing right of use enjoyed by any public utility, municipally-owned utility, or cooperative utility which provides electricity, gas, water, or telephone service.
Source: SDC 1939, § 28.1304; SL 1986, ch 238, § 2.
31-19-63. Transfer of right-of-way between state and political subdivisions.
The state, by and through the Department of Transportation may convey and transfer any highway right-of-way held by the state to a political subdivision and the political subdivisions may convey and transfer such highway rights-of-way to the state or to each other without requiring payment therefor. Each conveyance shall be made only after mutual agreement between the grantor and grantee. Each conveyance and transfer shall be held by the grantee for public highway purposes.
Source: SL 1971, ch 181, § 1; SL 2009, ch 147, § 2.
31-19-63.1. Transfer of right-of-way to federal government or Indian tribe.
In addition to the provisions of § 31-19-63, the Department of Transportation, board of county commissioners, or township board of supervisors may convey and transfer any highway right-of-way under the department's or board's jurisdiction to the federal government or to any Indian tribe without requiring payment therefor. The conveyance shall be made only after mutual agreement between the state, county, or township and the federal government or the Indian tribe. Each conveyance and transfer shall be held by the federal government or the Indian tribe for public highway purposes.
Source: SL 2009, ch 147, § 1.
31-19-64. Order or resolution to transfer right-of-way--Conveyance--Effect.
If the Department of Transportation or the governing body of a political subdivision of this state holding public highway right-of-way deems it advisable and to the best interest of the public to convey such right-of-way as provided in § 31-19-63 or 31-19-63.1, it shall by executive order or resolution direct that the property be so conveyed and transferred. Thereupon a deed of conveyance shall be made to the grantee, which deed shall vest in the grantee therein all the interest of the grantor in and to the right-of-way so conveyed.
Source: SL 1971, ch 181, § 2; SL 2009, ch 147, § 3.
31-19-65. Functional replacement of real property in public ownership.
The Department of Transportation may, pursuant to state law, incur costs for the functional replacement of real property in public ownership. For the purpose of this section, functional replacement is defined as the replacement of real property, either lands or facilities, or both, acquired as a result of a highway or highway related project with lands or facilities, or both, which will provide equivalent utility.
Application of this law requires that:
(1) The property to be functionally replaced is in public ownership and its replacement is in the public interest;
(2) The owning agency desiring the functional replacement submits a formal request to the Department of Transportation to take such action;
(3) The current fair market value of the land or facility, or both, to be acquired for highway purposes is determined by appraisal; and
(4) Replacement sites and construction are in compliance with existing codes, laws, and zoning regulations for the area in which the facility will be relocated.
Source: SL 1991, ch 234, § 1.
CHAPTER 31-20
USE OF PUBLICLY OWNED LAND FOR HIGHWAY PURPOSES
31-20-1 Location of highway across school, endowment, or other state lands--Approval by commissioner of school and public lands.
31-20-2 Filing map of proposed location with commissioner of school and public lands--Contents of map.
31-20-3 Ascertainment of value of land--Inspection and appraisal--Minimum price--Damages.
31-20-4 Payment--Time for conveyance of land--Execution of conveyance--Reversion for nonuser.
31-20-5 Sale or donation of county tax lands for highway purposes--Appraisement and public sale unnecessary--Filing plat or dedication rendering subsequent sales subordinate--Procedure for conveyance--Reversion for nonuser.
31-20-6 Consideration--Amount necessary for redemption--Distribution by county auditor--Distribution pro rata.
31-20-7 Subsequent redemption subject to county's previous sale.
31-20-8 Reconveyance of Indian lands no longer used for highway purposes--Reconveyance with easement for highway purposes--Recitals in deed.
31-20-9 Deed by state--Proper officials.
31-20-10 Deed by county--Proper officials.
31-20-1. Location of highway across school, endowment, or other state lands--Approval by commissioner of school and public lands.
If deemed necessary by the Department of Transportation in order to avoid natural obstructions, to make a shorter system route, to eliminate curves, or to avoid valuable improvements, a highway may be located over and across any common school, endowment, or other state lands in the manner provided by law for laying out public highways, subject to the approval of the commissioner of school and public lands.
Source: SL 1909, ch 32, § 1; SL 1915, ch 214, § 1; RC 1919, § 8614; SDC 1939, § 28.0108; SL 1953, ch 133; SL 2010, ch 145, § 112.
31-20-2. Filing map of proposed location with commissioner of school and public lands--Contents of map.
Whenever it is proposed to locate any public highway over or across any common school, endowment, or other state lands, and prior to the locating of the same, there shall be filed in the office of the commissioner of school and public lands a map or plat of the proposed highway, clearly indicating the course of the same and the acreage required, and the amount of land proposed to be taken out of each smallest legal subdivision.
Source: SL 1909, ch 32, § 2; RC 1919, § 8615; SDC 1939, § 28.0109.
31-20-3. Ascertainment of value of land--Inspection and appraisal--Minimum price--Damages.
For the purpose of ascertaining the value of the land taken pursuant to §§ 31-20-1 and 31-20-2 for any such proposed highway, the State Board of Appraisal provided for in S.D. Const., Art. VIII, when directed to do so by the commissioner of school and public lands, shall proceed carefully to inspect and view such lands and appraise the value per acre, at not less than the minimum price fixed by the Constitution, together with any damages the state may sustain by reason of the location of such highway.
Source: SL 1909, ch 32, § 3; SL 1915, ch 214, § 2; RC 1919, § 8616; SDC 1939, § 28.0110.
31-20-4. Payment--Time for conveyance of land--Execution of conveyance--Reversion for nonuser.
Within four months after appraisement pursuant to § 31-20-3, and upon full payment of the same, a conveyance of the land to be taken for such proposed highway shall be executed by the Governor and attested by the commissioner of school and public lands, with his seal of office affixed, conditioned that should the same cease to be used for two successive years as a public highway, the title shall revert to the owner of the legal subdivision of which it forms a part.
Source: SL 1909, ch 32, § 3; SL 1915, ch 214, § 2; RC 1919, § 8616; SDC 1939, § 28.0110.
31-20-5. Sale or donation of county tax lands for highway purposes--Appraisement and public sale unnecessary--Filing plat or dedication rendering subsequent sales subordinate--Procedure for conveyance--Reversion for nonuser.
Whenever the board of county commissioners determines that it is in the public interest, and in particular, to the interest of the county, the board may donate or sell and convey by quitclaim deed or easement to the State of South Dakota, for highway right-of-way purposes, the county's interest in any land it may have acquired by tax deed proceedings, without complying with chapter 6-13, or may dedicate for highway purposes any land it may have so acquired by filing a plat or dedication of same fully describing the bounds of said right-of-way, and thereafter, all conveyances made of said land shall be made subject to the conveyance, grant or dedication of said right-of-way. All such conveyances, easements, or dedications shall be executed in the name of the county, by the chairman of the board of county commissioners, and attested by the county auditor, and shall contain a provision that when said property conveyed or dedicated ceases for the period of two years to be used as a public highway same shall revert to the county or its assigns.
Source: SL 1943, ch 40, § 1; SDC Supp 1960, § 12.3405; SL 1989, ch 30, § 57.
31-20-6. Consideration--Amount necessary for redemption--Distribution by county auditor--Distribution pro rata.
In case the county sells right-of-way to the state pursuant to § 31-20-5 any consideration received therefor shall be distributed as follows:
The county auditor shall ascertain the amount that would have been required to redeem said parcel from the tax sale under § 10-24-5 if said tax certificate had been redeemed.
If the sale price received from said sale shall equal or exceed the amount required to redeem said parcel from said sale the auditor shall pay to various taxing districts their share of said money in no case exceeding the sum they would have received if same had been redeemed and the balance of the consideration, if any, shall be paid into the county general fund.
If the sale price received for said parcel shall be less than the amount required to redeem the amount received shall be divided among the taxing districts pro rata as their interests may appear.
Source: SL 1943, ch 40, § 2; SDC Supp 1960, § 12.3406; SL 2021, ch 43, § 23.
31-20-7. Subsequent redemption subject to county's previous sale.
In case of the donation, dedication, or sale of rights-of-way pursuant to § 31-20-5 any redemption thereafter made of said property shall be subject to the conveyance or dedication made to the state for highway purposes.
Source: SL 1943, ch 40, § 3; SDC Supp 1960, § 12.3407.
31-20-8. Reconveyance of Indian lands no longer used for highway purposes--Reconveyance with easement for highway purposes--Recitals in deed.
Whenever the State of South Dakota or any county of said state has, before March 18, 1957, received a conveyance of a parcel of Indian allotment land for highway right-of-way purposes by an instrument purporting to convey fee title thereto the county or state, as the case may be, is hereby authorized to reconvey the fee title to the United States of America if the parcel is no longer used or needed for right-of-way purposes. However, in case any of said parcel is still needed for right-of-way purposes said reconveyance, if made, shall be made subject to an easement being reserved for right-of-way purposes in the grantor. Any such deed running to the United States shall recite that same is in trust for any Indian or tribe entitled thereto. Such conveyance shall be to enable a fee patent to be issued to Indian owner subject to the easement for right-of-way.
Source: SL 1957, ch 143; SDC Supp 1960, § 28.0243.
31-20-9. Deed by state--Proper officials.
Any deed of reconveyance made by authority of § 31-20-8 by the state shall be made in the name of the State of South Dakota acting by and through the Department of Transportation. It shall be executed by the secretary of transportation.
Source: SL 1957, ch 143; SDC Supp 1960, § 28.0243; SL 1984, ch 207, § 63.
31-20-10. Deed by county--Proper officials.
Any deed made by authority of § 31-20-8 by a county shall be made in the name of the county acting by and through the chairman of the board of county commissioners and attested by the county auditor with the seal of the county attached thereto.
Source: SL 1957, ch 143; SDC Supp 1960, § 28.0243.
31-21-1
Affidavit that ditch should be opened--Contents of affidavit--Notice of meeting of board
of county commissioners--Examination of premises.
31-21-2
Form of notice.
31-21-3
Filing of notice and affidavit--Service on landowner--Nonresident landowners.
31-21-4
Return of service--Nonresident landowners--Publication of notice--Posting of notice--Time of publication or posting.
31-21-5
Examination of land--Hearing reasons for and against ditch--Decision--Assessment of
damages in favor of landowner.
31-21-6
Benefits to landowner as factor in fixing damages--Fixing damages by agreement--Writing
and filing agreement--Agreement as conclusive.
31-21-7
Laying out and opening ditch--Statement respecting decisions and damages--Filing of
statement--Record kept by county auditor.
31-21-8
Payment to landowner before opening of ditch.
31-21-9
Appeal from decision to open ditch--Procedure applicable.
31-21-10
Failure to appeal--Time decision becomes final--Opening of ditch--Landowner's
instructions as to line of ditch.
31-21-11
Entry upon land for maintenance of ditch.
31-21-12
Civil liability for obstruction of ditch.
31-21-13
Obstruction of ditch as misdemeanor.
31-21-1. Affidavit that ditch should be opened--Contents of affidavit--Notice of meeting of board of county commissioners--Examination of premises.
Whenever any officer or person having charge of any road shall file with the chairman of the township board of supervisors or board of county commissioners having jurisdiction of such road, his affidavit stating:
(1) That such road runs into or through any swamp, bog, or meadow, or other lowland;
(2) That it is necessary or expedient that a ditch should be opened through land belonging to any person;
(3) The probable length of such ditch and the width and depth of the same as near as possible, the point at which it is to commence, its general course, and the point near which it is to terminate;
(4) The names of persons owning the land, if known;
(5) A description of the land over which such ditch must pass; and
(6) That the road at that point cannot be made passable without extraordinary expense unless such ditch is laid out and opened;
it shall be the duty of the chairman of such board immediately to make out a notice and fix therein a time not less than six nor more than sixty days from the date thereof when the board of supervisors or board of county commissioners will meet at the place described in such affidavit and personally examine the premises.
Source: SL 1883, ch 112, § 87; CL 1887, § 1335; RPolC 1903, § 1740; RC 1919, § 8598; SDC 1939, § 28.1201.
31-21-2. Form of notice.
The notice required by § 31-21-1 may be in substantially the following form:
State of South Dakota
County of __________ ss:
To Mr. __________:
Whereas it appears from the affidavit of ____ that the road from ____ to ____ passes through a swamp, bog, pond, or lowland, and that in the opinion of such affiant a ditch should be opened through land belonging to ____ for the purpose of draining such swamp;
Now therefore you are hereby notified that the board of township supervisors (or the board of county commissioners) will on the ____ day of ____, 20__, examine the premises over which such ditch is to pass, will hear any objections which may be made in the matter, and will consider the amount of damages which in its opinion will be just compensation to the owners of land in consequence of the opening of such ditch.
__________ Chairman of board of __________
Source: SL 1883, ch 112, § 87; CL 1887, § 1335; RPolC 1903, § 1740; RC 1919, § 8598; SDC 1939, § 28.1201.
31-21-3. Filing of notice and affidavit--Service on landowner--Nonresident landowners.
The chairman of the township board of supervisors or board of county commissioners shall cause the notice required by § 31-21-1, together with the affidavit, to be filed in the office of the township clerk or county auditor, and the clerk or auditor shall make true copies of such notice and deliver them to the person making the affidavit whose duty it shall be to serve the same personally upon each of the owners of the land, if residents of the county, or upon the occupants of the land, if the owners are nonresidents of the county, through which it is proposed to open such ditch.
Source: SL 1883, ch 112, § 87; CL 1887, § 1335; RPolC 1903, § 1740; RC 1919, § 8598; SDC 1939, § 28.1201.
31-21-4. Return of service--Nonresident landowners--Publication of notice--Posting of notice--Time of publication or posting.
The person serving notice pursuant to § 31-21-3 shall make return thereon to the township clerk or county auditor stating the facts, and if it shall appear from such return that the owner of any such land does not reside in the county and that no occupant resides thereon, such clerk or auditor shall order the publication of the notice once each week for at least two successive weeks in a newspaper printed and published in the county, or if there be no paper printed and published in the county he shall post or cause the notice to be posted in three of the most public places in the county for three weeks prior to the meeting of the township supervisors or county commissioners, and such publication shall be considered as sufficient notice to all parties.
Source: SL 1883, ch 112, § 88; CL 1887, § 1336; RPolC 1903, § 1741; RC 1919, § 8599; SDC 1939, § 28.1202; SL 1972, ch 236, § 2.
31-21-5. Examination of land--Hearing reasons for and against ditch--Decision--Assessment of damages in favor of landowner.
At the time specified in the notice required by § 31-21-1 the township supervisors or county commissioners shall proceed to examine the road and premises over which such ditch must pass and hear any reasons for or against laying out the same, and shall decide upon the application as they deem proper, and shall assess the amount of damages which in their judgment will be an equitable compensation to the owner of any land for the opening of such ditch through his land.
Source: SL 1883, ch 112, § 89; CL 1887, § 1337; RPolC 1903, § 1742; RC 1919, § 8600; SDC 1939, § 28.1203.
31-21-6. Benefits to landowner as factor in fixing damages--Fixing damages by agreement--Writing and filing agreement--Agreement as conclusive.
In all cases under this chapter the township board of supervisors or board of county commissioners shall estimate the advantage and benefits the laying out and opening of such ditch will confer upon the owner of any land through which such ditch may run, as well as the disadvantages. The damages sustained by reason of laying out and opening such ditch may be ascertained by the agreement of the owner and the township supervisors or county commissioners, in which case every agreement and release shall be in writing and filed in the office of the township clerk or county auditor and shall forever preclude such owner from all further claims for damages.
Source: SL 1883, ch 112, § 89; CL 1887, § 1337; RPolC 1903, § 1742; RC 1919, § 8600; SDC 1939, § 28.1203.
31-21-7. Laying out and opening ditch--Statement respecting decisions and damages--Filing of statement--Record kept by county auditor.
If after taking all the circumstances into consideration the township supervisors or county commissioners shall be satisfied that the opening of a ditch under this chapter is necessary or advantageous to the public interest, they shall cause the same to be laid out and opened and shall give such directions in the matter as shall be necessary for the effectual draining of such swamp, pond, bog, or lowland, and shall file a statement in writing of all their doings including the amount of damages allowed, in the office of the township clerk or county auditor who shall copy the same into a book to be kept by him especially for that purpose.
Source: SL 1883, ch 112, § 89; CL 1887, § 1337; RPolC 1903, § 1742; RC 1919, § 8600; SDC 1939, § 28.1203.
31-21-8. Payment to landowner before opening of ditch.
When the amount of damages or compensation to be paid to any one or more of the owners of land taken for any ditch shall have been finally determined by proceedings under the provisions of this chapter the board of township supervisors or county commissioners, as the case may be, shall pay the same before the opening of such ditch.
Source: SL 1883, ch 112, § 93; CL 1887, § 1341; RPolC 1903, § 1746; RC 1919, § 8604; SDC 1939, § 28.1206.
31-21-9. Appeal from decision to open ditch--Procedure applicable.
Any person through whose land any ditch described in § 31-21-7 shall pass may appeal from the decision of the supervisors or county commissioners to the circuit court for the county in which the premises are situated within the time and in the manner provided for other appeals from decisions of the board of county commissioners, and the proceedings upon such appeal shall be the same as upon other appeals from such board.
Source: SL 1883, ch 112, § 90; CL 1887, § 1338; RPolC 1903, § 1743; RC 1919, § 8601; SDC 1939, § 28.1204.
31-21-10. Failure to appeal--Time decision becomes final--Opening of ditch--Landowner's instructions as to line of ditch.
If the order and proceeding under this chapter be not appealed from within ten days from the filing thereof as provided in § 31-21-7, such judgment, order, and finding shall be final, and the officer or person in charge of such road may proceed to open the ditch in accordance with the directions and under the instructions of the board of township supervisors or county commissioners, as the case may be. Any such ditch shall be laid out upon the line that the owner of the land over which it is to pass may desire whenever it can be done without extra cost.
Source: SL 1883, ch 112, § 89; CL 1887, § 1337; RPolC 1903, § 1742; RC 1919, § 8600; SDC 1939, § 28.1203.
31-21-11. Entry upon land for maintenance of ditch.
At any time after a ditch shall have been opened under this chapter it shall be lawful for the officer or person having the highway in charge, from time to time as it may be necessary, to enter upon the lands through which such ditch has been opened for the purpose of keeping it open and in good order and condition.
Source: SL 1883, ch 112, § 91; CL 1887, § 1339; RPolC 1903, § 1744; RC 1919, § 8602; SDC 1939, § 28.1205.
31-21-12. Civil liability for obstruction of ditch.
Any person who shall dam up, obstruct, or in any way injure any ditch opened pursuant to this chapter shall be liable to the township or county in double the damages which shall be assessed by the jury or court trying the case for such injury.
Source: SL 1883, ch 112, § 92; CL 1887, § 1340; RPolC 1903, § 1745; RC 1919, § 8603; SDC 1939, § 28.1207.
31-21-13. Obstruction of ditch as misdemeanor.
Any person who shall dam up, obstruct, or in any way injure any ditch opened under the provisions of this chapter shall be guilty of a Class 2 misdemeanor.
Source: SL 1883, ch 112, § 92; CL 1887, § 1340; RPolC 1903, § 1745; RC 1919, § 8603; SDC 1939, § 28.9912.
31-22-1
Right to access from isolated tract to highway.
31-22-2
Inability to agree with servient landowner--Application to board of county commissioners--Contents of application--Notice to servient landowner--Contents of notice--Service of
notice.
31-22-3
Visit to land--Width of right-of-way--Convenience of parties--Use of section line or
governmental fractional subdivision.
31-22-4
Assessment of damages--Report to county auditor--Destruction of records.
31-22-5
Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.
31-22-6
Right to easement complete upon payment of damages or refusal thereof--Payment of
costs of proceedings--Fees and mileage of county commissioners.
31-22-7
Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable.
31-22-8
Maintenance of right-of-way by dominant landowner.
31-22-1. Right to access from isolated tract to highway.
Every owner of an isolated tract of land containing at least ten acres not touched by a passable public highway or smaller tract of land containing at least five acres used or intended to be used in good faith in whole or in part for residential purposes is entitled to an easement or right-of-way across adjacent lands to reach a public highway, which easement or right-of-way may be secured as provided in this chapter. An isolated tract is further defined as an area which is either inaccessible by motor vehicle because of natural barriers from all other land owned by the owner of the isolated tract or is such an area which is not touched by a passable public highway, which is in use or reasonably usable for motor vehicles. A tract of land adjoining a section line right-of-way for at least sixty-six feet is not an isolated tract if a passable road can be built within the adjoining section line to connect to a passable public highway.
Source: SL 1935, ch 179, § 1; SDC 1939, § 28.0801; SL 1955, ch 101; SL 1970, ch 161; SL 2004, ch 198, § 1.
31-22-2. Inability to agree with servient landowner--Application to board of county commissioners--Contents of application--Notice to servient landowner--Contents of notice--Service of notice.
If the owner of such an isolated tract is unable to agree with the owner of surrounding lands for purchase of a right-of-way from such isolated tract of land to a public highway, he may apply to the board of county commissioners for relief, making his application in writing and describing the isolated tract and the surrounding land over which a right-of-way is desired. The county commissioners shall thereupon cause to be served upon the owner or owners of such surrounding land a notice in writing of a time when such board will visit such land and lay out one right-of-way across such surrounding land, and assess the damages therefor, which notice shall be served at least five days prior to the date set for such visit and appraisal.
Source: SL 1935, ch 179, § 2; SDC 1939, § 28.0802.
31-22-3. Visit to land--Width of right-of-way--Convenience of parties--Use of section line or governmental fractional subdivision.
Upon the day set for such visit to such land for the purpose of laying out such right-of-way and appraising the damages to the owner of the surrounding land therefor, the county commissioners shall proceed to the place named, shall lay out a right-of-way not less than twenty-five nor more than sixty-five feet in width from such isolated tract of land across surrounding lands to a public highway, and in so doing shall consider the convenience of the parties. Wherever it is practicable to do so, such board shall lay such right-of-way along a section line or the line of a government fractional subdivision of a section.
Source: SL 1935, ch 179, § 3; SDC 1939, § 28.0803; SL 1977, ch 243.
31-22-4. Assessment of damages--Report to county auditor--Destruction of records.
The county commissioners shall assess and determine the damage which the right-of-way is to the owner of the land across which it is laid, and they shall file with the county auditor a full report of all their proceedings in the premises, and the county auditor shall record the same in his record of highways. However, the county auditor may destroy any record which the records destruction board, acting pursuant to § 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source: SL 1935, ch 179, § 3; SDC 1939, § 28.0803; SL 1981, ch 45, § 21.
31-22-5. Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.
The owner of the land over which such right-of-way is laid may appeal from the decision and assessment of damages by such county commissioners to the circuit court for the county where such land or some part thereof is located, and upon such appeal the trial shall be de novo. Such appeal shall be taken within the time and in the manner as other appeals from the board of county commissioners, but the appellant shall not recover costs upon such appeals unless he is awarded judgment for a greater sum than the sum awarded by such board of county commissioners.
Source: SL 1935, ch 179, § 6; SDC 1939, § 28.0807.
31-22-6. Right to easement complete upon payment of damages or refusal thereof--Payment of costs of proceedings--Fees and mileage of county commissioners.
Upon payment of the sum assessed to the owner of the land over which such right-of-way is laid or upon his refusal to accept the same upon the deposit of such sum with the clerk of courts of the county in which such lands are located, the right of the owner of such isolated tract to the free use of said right-of-way shall be complete; provided the owner of such isolated tract shall have paid all of the costs of the proceedings in laying out and assessing the damages of said right-of-way, and the commissioners shall each be entitled to a fee of three dollars per day and five cents for each mile necessarily traveled in going to and returning from the lands where such right-of-way is located.
Source: SL 1935, ch 179, § 4; SDC 1939, § 28.0804.
31-22-7. Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable.
If the right-of-way be laid along the line separating two farms, then the owner of the isolated tract for which such right-of-way was laid shall erect and maintain one-half of the fence along both sides of such right-of-way, but if it be laid through a farm and not along the border thereof, no fence will be deemed necessary unless requested by the owner of land through which such road passes, in which cases the owner of the isolated tract shall erect and maintain the fence along both sides of such right-of-way and shall locate at a point to be described by the owner of the land gates at least sixteen feet wide in each of such fences. But if no fence is requested the owner of such isolated land shall construct, maintain, and keep closed substantial and suitable gates in all fences which such roadway may cross. The laws of this state pertaining to the erection and maintenance of partition fences shall apply to the fencing of such right-of-way wherever not in conflict with this section.
Source: SL 1935, ch 179, § 5; SDC 1939, § 28.0805.
31-22-8. Maintenance of right-of-way by dominant landowner.
Whenever such right-of-way has been laid out as provided by this chapter, the owner of such isolated tract of land shall keep and maintain such right-of-way at his or her own expense.
Source: SL 1935, ch 179, § 7; SDC 1939, § 28.0806.
31-23-1
Performance bond required--Amount of bond--Conditions of bond.
31-23-2
Laborer's or materialman's suit on bond--Time for payment.
31-23-3
Subcontractor's creditors' right of action on bond--Time for payment--Written notice
required--Contents of notice--Service of notice.
31-23-4
Title of suit--Venue--Limitations--Costs and expenses.
31-23-5
Remedy as exclusive.
31-23-1. Performance bond required--Amount of bond--Conditions of bond.
Except as provided in § 31-12-15, before any contract is entered into for the construction, repair, or improvement of any public highway by the State of South Dakota, or any public corporation within the State of South Dakota, the person to whom such contract is awarded shall furnish a performance bond running to the State of South Dakota in an amount not less than the contract price for the faithful performance of such contract, in the form and conditioned as required by the statutes of the State of South Dakota.
Source: SL 1941, ch 135, § 1; SDC Supp 1960, § 28.1601; SL 1987, ch 60, § 2.
31-23-2. Laborer's or materialman's suit on bond--Time for payment.
Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which such a performance bond is furnished under § 31-23-1 and who has not been paid in full therefor before the expiration of a period of six months after the day on which the last of the labor was done or performed by him or material furnished or supplied by him for which such claim is made, shall have the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute said action to final execution and judgment for the sum or sums justly due him.
Source: SL 1941, ch 135, § 2; SDC Supp 1960, § 28.1602.
31-23-3. Subcontractor's creditors' right of action on bond--Time for payment--Written notice required--Contents of notice--Service of notice.
Any person having direct contractual relationship with a subcontractor but not contractual relationship express or implied with the contractor furnishing a performance bond under § 31-23-1 shall have a right of action upon the said bond upon giving written notice to said contractor within six months from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at the place he maintains his principal office or conducts his business, or his residence, or in any manner authorized by the laws of the State of South Dakota for the service of process.
Source: SL 1941, ch 135, § 2; SDC Supp 1960, § 28.1602.
31-23-4. Title of suit--Venue--Limitations--Costs and expenses.
Every suit instituted under this chapter shall be brought in the name of the State of South Dakota for the use of the person suing, in the circuit court of the State of South Dakota within the circuit in which the contract was to be performed, and not elsewhere, irrespective of the amount in controversy in such suit, but no such suit shall be commenced after the expiration of one year after the date of final settlement of such contract. The State of South Dakota shall not be liable for the payment of any costs or expenses of any such suit.
Source: SL 1941, ch 135, § 3; SDC Supp 1960, § 28.1603.
31-23-5. Remedy as exclusive.
The remedy provided for in this chapter shall be exclusive.
Source: SL 1941, ch 135, § 4; SDC Supp 1960, § 28.1604.
31-24-1
Duty of highway authorities to provide access to abutting property at public expense--New construction.
31-24-2
Approaches necessitated by highway construction--Maintenance.
31-24-3
Limitation on number of farm entrances--Additional entrances at owner's expense.
31-24-4
Additional entrances to property previously having more than one farm entrance--Limitations.
31-24-5
Construction on private property prohibited.
31-24-6
Entrance to existing highway at owner's expense--Permit--Construction in
accordance with approved plans.
31-24-7
Interference with drainage--Obstruction of right-of-way.
31-24-8
Repealed.
31-24-9
Approaches to highway grade crossings--Failure to perform duty to provide--Petty
offense.
31-24-10 to 31-24-16. Repealed.
31-24-1. Duty of highway authorities to provide access to abutting property at public expense--New construction.
If the construction, improvement, and repair of any public highway by the state, or by any county or township, leaves a ditch or elevation along the roadside and deprives any abutting landowner of easy and convenient access from the owner's land to the highway, the highway authority, except as provided by chapters 31-7 and 31-8, shall provide the owner of the abutting tract or farm, as well as each church, school, park, playground, or other public building or ground, with one point of easy and convenient access to a public highway by constructing at the public expense, such grades, approaches, bridges, culverts, or other structures as may be necessary for that purpose. However, the provision authorizing construction of entrances at the expense of the authority having charge of the maintenance only applies to new construction.
Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 113.
31-24-2. Approaches necessitated by highway construction--Maintenance.
Approaches required by § 31-24-1 shall be built by the highway authority constructing the highway if the building of such approach becomes necessary as a result of highway construction. In all cases any such structure, culvert, bridge, or approach so constructed shall be maintained and kept in repair by the highway authorities who are charged with the maintenance of the highway.
Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 114.
31-24-3. Limitation on number of farm entrances--Additional entrances at owner's expense.
The owner, as a matter of right, is not entitled under § 31-24-1 to the construction of more than one farm entrance on any one tract or parcel of land at the expense of the public authority whose duty it is to maintain the highway. However, the owner may at the owner's expense upon making application to and receiving written consent of the authority construct other entrances if the entrances are constructed at the place and in the manner designated by the authority in its written permit.
Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 115.
31-24-4. Additional entrances to property previously having more than one farm entrance--Limitations.
Notwithstanding § 31-24-3, if at the time of the construction, improvement, or repair of any public highway the abutting owner has more than one farm entrance to the highway, which entrance has been in reasonably constant use for more than two years prior to the new construction the owner shall be furnished a like number of entrances by the authority having charge of the construction, improvement, or repair, if the entrances do not materially add to the hazard of public travel on the highway. However, no owner of property adjoining the highway is entitled to more than two such entrances at the expense of the authority charged with the maintenance of the highway, on any one continuous half mile of adjoining property.
Source: SDC 1939, § 28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, § 116.
31-24-5. Construction on private property prohibited.
No connecting structure or approach described by § 31-24-1 may be constructed by the highway authorities upon private property nor beyond the right-of-way line.
Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 117.
31-24-6. Entrance to existing highway at owner's expense--Permit--Construction in accordance with approved plans.
If any public highway as already constructed is of such character as to deprive the owner of the abutting land of easy and convenient access from the owner's land to the highway, the owner of the land may, at the owner's expense, except as provided by chapters 31-7 and 31-8, construct an entrance to the abutting land. However, no entrance may be constructed until the landowner has obtained a permit from the authority whose duty it is to maintain the highway for the construction of the entrance. The entrance shall be constructed in accordance with plans approved by the authority. The authority shall fix the width and location of the entrance and the entrance shall be constructed in accordance therewith.
Source: SDC 1939, § 28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, § 118.
31-24-7. Interference with drainage--Obstruction of right-of-way.
No entrance may be so constructed pursuant to § 31-24-6 as to interfere with the proper and necessary drainage of the highway. No portion of the right-of-way of the highway other than that necessary for the entrance shall be occupied or used for business purposes.
Source: SDC 1939, § 28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, § 119.
31-24-9. Approaches to highway grade crossings--Failure to perform duty to provide--Petty offense.
Township supervisors, county commissioners, the Department of Transportation, or others having direction of any highway grade shall provide at every place where such grade crosses an intersecting public highway an easy and accessible approach to such grade on each side thereof upon each such intersecting public highway. The approach shall be at least twenty-four feet in width. Any officer or other person charged with the duty of providing approaches at an intersection, as provided in this section, who fails in the performance of the duty, commits a petty offense.
Source: SL 1919, ch 218, §§ 1, 2; SDC 1939, §§ 28.0909, 28.9907; SL 2010, ch 145, § 121.
31-25-1
Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or
grates required.
31-25-1.1
Fences erected across unimproved section-line highways--Gates--Access to highways
protected--Violation as misdemeanor.
31-25-2
Cattle ways authorized--Application to highway authority--Designation of construction
particulars--Maintenance by landowner.
31-25-3
Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of
cost.
31-25-4
Livestock guards across county or secondary highways authorized--Guards not
considered highway obstruction.
31-25-5
Dimensions of livestock guard--Passage for wider vehicles.
31-25-6
Authority of governing body required--Removal of livestock guard on order of governing
body.
31-25-7
Appeal from order authorizing or forbidding livestock guard--Procedure for appeal--Trial
de novo.
31-25-8
Appeal upon failure of governing body to act on request for authorization.
31-25-9
Livestock guards constructed prior to enactment of statute.
31-25-10
Regulatory signs for unfenced roads in livestock grazing area--Application for erection.
31-25-11
Uniform signs.
31-25-12
Cost of signs.
31-25-1. Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or grates required.
The board of county commissioners of any county having within its boundaries, any county, township, or section-line highway not included in § 31-25-1.1 extending or running through or across grazing land, may, upon petition, signed by a majority of the adjacent landowners along the portion of such highway involved, and after a hearing is had, on notice mailed by the county auditor to all of said landowners, not less than ten days before such hearing, authorize such landowners to erect and maintain fences across such highway. However, the board of county commissioners shall require the erection of gates or grates, or both, in such fences at points designated by the board, so that the public may have access to the highway.
Source: SL 1943, ch 39; SDC Supp 1960, § 12.0617-3; SL 1984, ch 215, § 1.
31-25-1.1. Fences erected across unimproved section-line highways--Gates--Access to highways protected--Violation as misdemeanor.
A landowner may erect a fence across an unimproved county, township, or section-line highway. For the purposes of this section an unimproved county, township, or section-line highway is any county, township, or section line not commonly used as a public right-of-way and never altered from its natural state in any way for the purpose of facilitating vehicular passage. At any point where a fence crosses such highway, the landowner shall erect and maintain an unlocked gate which may be opened easily or provide other suitable access to the highway. If the gate or other access is not large enough or if the gate does not open easily enough to satisfy the needs of those using the highway, the landowner shall erect a larger gate or a gate that can be more easily opened or provide other suitable access to the highway. The landowner shall erect the larger gate or the gate which opens easily or provide the other suitable access upon a request filed with the sheriff of the county in which the land is located by an adversely affected person. If a request is filed, the sheriff shall notify the landowner. The landowner shall comply with the provisions of this section within seven days of notice. A landowner who violates any of the provisions of this section is guilty of a Class 2 misdemeanor.
Source: SL 1984, ch 215, § 2.
31-25-2. Cattle ways authorized--Application to highway authority--Designation of construction particulars--Maintenance by landowner.
Upon application to the Department of Transportation, board of county commissioners, or board of township supervisors, by any person for permission to construct a cattle way across or under any public road, such highway authority maintaining the highway described in the application may in its discretion grant the application upon condition that such way shall be constructed in all particulars as directed by such department or board and shall not interfere with public travel. The grade of the road over the cattle way shall not at any point exceed one foot in ten feet. Applicant must construct and agree to keep the same in repair at his own expense.
Source: SL 1911, ch 221, § 27; RC 1919, § 8569; SDC 1939, § 28.0910.
31-25-3. Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of cost.
If any person on whose land a cattle way is constructed pursuant to § 31-25-2 fails to keep the same in repair, the proper board shall cause the same to be repaired and charge the cost thereof to the owner of such cattle way and such cost shall be recovered by a civil action by the state, county, or township against the owner of such land and cattle way.
Source: SL 1911, ch 221, § 28; RC 1919, § 8570; SDC 1939, § 28.0911.
31-25-4. Livestock guards across county or secondary highways authorized--Guards not considered highway obstruction.
The construction and maintenance of livestock guards over or across county or secondary highways so constructed that automobiles and trucks may pass over the same and which will prevent the passage of livestock across such livestock guards is hereby authorized. The construction and maintenance of such livestock guards shall not be considered as creating a barrier or obstruction on such highways.
Source: SL 1953, ch 154, § 1; SL 1959, ch 140, § 1; SDC Supp 1960, § 28.0910-1.
31-25-5. Dimensions of livestock guard--Passage for wider vehicles.
All livestock guards shall be at least ten feet wide on the ground. In addition, at one side of such livestock guard there shall be provided or constructed a gate, at least twenty feet wide to accommodate the passage of teams, and wider vehicles.
Source: SL 1953, ch 154, § 2; SL 1959, ch 140, § 2; SDC Supp 1960, § 28.0910-2.
31-25-6. Authority of governing body required--Removal of livestock guard on order of governing body.
No livestock guards shall be constructed under § 31-25-4, unless constructed by or under the express authorization of the governing body having jurisdiction over such highways, provided that such livestock guards may be removed or ordered removed by such governing bodies whenever such livestock guards shall be deemed no longer necessary.
Source: SL 1953, ch 154, § 1; SL 1959, ch 140, § 1; SDC Supp 1960, § 28.0910-1.
31-25-7. Appeal from order authorizing or forbidding livestock guard--Procedure for appeal--Trial de novo.
Whenever any interested person shall feel aggrieved by reason of the action of the governing body in authorizing or refusing to authorize the construction, erection, and maintenance of livestock guards, or ordering removal of said livestock guard, such person may within sixty days after the decision of such governing body, appeal to the circuit court for the county wherein such governing body is situated. Such appeal shall be in writing, and signed by the person feeling aggrieved or by his attorney. Upon the serving of such appeal and the filing of the same with the clerk of the circuit court, the same may be brought on for trial de novo in said circuit court upon ten days' notice. The circuit court shall hear all relevant evidence and shall make and enter such findings, conclusions, and judgment as it deems proper.
Source: SL 1959, ch 140, § 3; SDC Supp 1960, § 28.0910-3.
31-25-8. Appeal upon failure of governing body to act on request for authorization.
If any person shall file a request for authorization to construct a livestock guard, with the governing body having jurisdiction over such highway, and the governing body shall fail or neglect to act upon such request at its next regular meeting, such failure or neglect to take any action shall be deemed to be a refusal of such authorization, and the person filing such request may appeal the same as provided in § 31-25-7.
Source: SL 1959, ch 140, § 3; SDC Supp 1960, § 28.0910-3.
31-25-9. Livestock guards constructed prior to enactment of statute.
Sections 31-25-4 to 31-25-8, inclusive, shall not apply to livestock guards which had been constructed and maintained and were in existence on February 20, 1959.
Source: SL 1959, ch 140, § 4; SDC Supp 1960, § 28.0910-4.
31-25-10. Regulatory signs for unfenced roads in livestock grazing area--Application for erection.
Any person grazing livestock in an area where there are no fences along a road may apply to the governing body that has the responsibility to maintain that road to erect a regulatory sign that livestock will be at large along the road. If the governing body permits the erection of such signs, it shall erect at least one sign where the road enters the grazing area which shall state how far the grazing area continues and one sign where the road leaves the grazing area.
Source: SL 1983, ch 227, § 1.
31-25-11. Uniform signs.
The Transportation Commission shall design, produce, and make available a uniform sign pursuant to § 31-25-10.
Source: SL 1983, ch 227, § 2.
31-25-12. Cost of signs.
The cost of the sign shall be arranged between the governing body and the person applying for it. The sign shall be erected by the governing body.
Source: SL 1983, ch 227, § 3.
CHAPTER 31-26
UTILITY LINES ALONG AND ACROSS HIGHWAYS
31-26-1 Application to board of county commissioners to erect poles and wires or to bury cable for electricity and telephone--Period covered by application--Regulation by Legislature.
31-26-2 Exclusive grant prohibited.
31-26-3 Location of poles, fixtures or underground cable--Appeal to commission and circuit court--Procedure.
31-26-4 Change of line upon change of highway--Notice.
31-26-5 Lines or cable maintained in accordance with National Electrical Safety Code--Compliance establishes due care in negligence claim.
31-26-6 Negligent construction of lines--Inductive interference--Expense of correction--Burden of proof--Liability in absence of negligence--Lines properly constructed.
31-26-7 Telephone lines--Compliance with other statutes.
31-26-8 "Person" including other entities.
31-26-9 Noncompliance with requirements as petty offense.
31-26-10 Application to county auditor--Telephone lines excepted.
31-26-11 Contents of application--Central plant location--Route--Telephone lines.
31-26-12 Rural electrification lines throughout county--Definition of rural electrification.
31-26-13 Application presented to board of county commissioners--Notice of hearing.
31-26-14 Action by board--Period of delay.
31-26-15 Application granted--Adjustment with other utilities--Apportionment of costs--Telephone companies.
31-26-16 Conformity to public utilities commission order.
31-26-17 Appeal by aggrieved parties--Trial de novo--Appeal during vacation.
31-26-18 Change of route--Change by county board--Appeal--Procedure.
31-26-19 Minimum height of utility lines--Liability for damage to lines below minimum height.
31-26-20 Cost of adjusting lines to minimum height--Acquisition of new highway right-of-way--Items excluded from cost.
31-26-21 Liability for damage for negligent construction or maintenance of line.
31-26-22 Electrical lines, pipelines, communication lines and other utilities--Permits--Rules--Compliance with National Electrical Safety Code establishes due care in negligence claim.
31-26-23 Relocation or removal of electrical lines, communication lines, and pipelines--Procedural requirements.
31-26-23.1 Agreements with owners of utility lines and facilities for future relocation--Limitation.
31-26-24 Rural water pipelines covered by chapter.
31-26-25 Construction of rural water or livestock pipeline on public highway--Application--Countywide authorization--Ordinance--Nature of interest.
31-26-26 Relocation of pipeline--When required.
31-26-26.1 Relocation of a livestock pipeline--Request--Approval.
31-26-26.2 Liability on construction or maintenance of pipeline--County recovery--Venue.
31-26-27 Municipal utility lines--Provisions applicable.
31-26-1. Application to board of county commissioners to erect poles and wires or to bury cable for electricity and telephone--Period covered by application--Regulation by Legislature.
The board of county commissioners, upon written application designating the particular highway the use of which is desired, may grant to any person engaged in the manufacture or sale of electric light and power, or any municipality authorized by law to purchase electric current, or any person authorized by law to purchase such current from such municipality, or any person engaged in, or about to engage in, the furnishing of telephone service, the right to erect and maintain poles and wires or to bury underground cable for the purpose of conducting electricity for lighting, heating, and power purposes, together with stay wires and braces, and for the purpose of furnishing telephone service, in and along any public highway in its county for a period not to exceed twenty years, subject to the conditions set forth in this chapter and such further reasonable regulations as the Legislature may hereafter prescribe.
Source: SDC 1939, § 28.1001; SL 1939, ch 108; SL 1953, ch 149, § 1; SL 1953, ch 150; SL 2003, ch 159, § 1.
31-26-2. Exclusive grant prohibited.
The grantee under § 31-26-1 shall not in any case have the exclusive right to use such highway for the conducting of electricity or the furnishing of telephone service.
Source: SL 1913, ch 369, § 1; RC 1919, § 8591; SDC 1939, § 28.1001 (1); SL 1939, ch 108; SL 1953, ch 149, § 1; SL 1953, ch 150.
31-26-3. Location of poles, fixtures or underground cable--Appeal to commission and circuit court--Procedure.
The poles and fixtures, guy wires, braces, and stays or underground cable buried or erected under § 31-26-1 shall be located under the joint field supervision and direction of the grantee and the governing body charged with the maintenance of the state trunk highway on which they are placed and constructed consistent with the permit requirements adopted under § 31-26-22. They shall be so constructed as not to inconvenience the public in the use of any road or the navigation of any stream. An appeal from the decision of the Department of Transportation may be taken to the Transportation Commission. An appeal from the decision of the commission may be taken to the circuit court in the manner provided by law and the rules of practice and procedure adopted by the Supreme Court.
Source: SDC 1939, § 28.1001 (2); SL 1939, ch 108; SL 1953, ch 149, § 1; SL 1953, ch 150; SL 1984, ch 207, § 64; SL 1987, ch 210, § 12; SL 2003, ch 159, § 2.
31-26-4. Change of line upon change of highway--Notice.
When any highway along which a line has been constructed pursuant to § 31-26-1 shall be changed, the grantee shall, upon ninety days' notice in writing, remove such line to the highway as changed.
Source: SL 1913, ch 369, § 1; RC 1919, § 8591; SDC 1939, § 28.1001 (3); SL 1939, ch 108; SL 1953, ch 149, § 1; SL 1953, ch 150.
31-26-5. Lines or cable maintained in accordance with National Electrical Safety Code--Compliance establishes due care in negligence claim.
The grantee under § 31-26-1 shall construct and maintain the grantee's poles, wires, or underground cable and line in accordance with the applicable National Electrical Safety Code adopted by the Bureau of Standards of the United States Department of Commerce. Proof of compliance with the requirements of the applicable National Electrical Safety Code standard establishes due care in the defense of a negligence claim alleging a violation of that standard.
Source: SDC 1939, § 28.1001 (4) as enacted by SL 1939, ch 108; SL 1953, ch 149, § 1; SL 1953, ch 150; SL 2003, ch 159, § 3; SL 2007, ch 261, § 2.
31-26-6. Negligent construction of lines--Inductive interference--Expense of correction--Burden of proof--Liability in absence of negligence--Lines properly constructed.
Whenever the erection and maintenance of electric lines shall, by reason of negligence in the construction or operation of such lines, cause inductive interference in grounded lines, the owner of the electric lines shall furnish all necessary wire and attachments for making telephone lines metallic, where necessary, and such additional poles above the number in place as is necessary to carry the additional telephone equipment in accordance with standard practices, and shall pay the cost of any necessary moving of telephone lines. The burden of proof of negligence in the construction or operation of such electric lines shall be upon the telephone company complaining of such interference. In the absence of negligent construction or operation the owner of the electric lines shall not be liable for any inductive interference caused in grounded lines. But the owner of electric lines shall be liable for all inductive interference in metallic lines or cables that are properly constructed.
Source: SDC 1939, § 28.1001 (8); SDC 1939, § 28.1001 (5) as enacted by SL 1939, ch 108; SL 1953, ch 149, § 1.
31-26-7. Telephone lines--Compliance with other statutes.
Any person engaged in or about to engage in the furnishing of telephone service shall comply with the provisions of § 49-31-20. Nothing in §§ 31-26-1 to 31-26-6, inclusive, may be construed to limit the rights granted by § 49-32-1 to telecommunications companies.
Source: SDC 1939, § 28.1001 (6) as added by SL 1953, ch 149, § 1; SL 2021, ch 128, § 4.
31-26-8. "Person" including other entities.
For the purpose of this chapter, the term, person, includes any natural person, firm, association, limited liability company, corporation, federal agency, state or political subdivision or agency thereof, or any body politic.
Source: SDC 1939, § 28.1001 as added by SL 1953, ch 149, § 1; SL 1994, ch 351, § 51.
31-26-9. Noncompliance with requirements as petty offense.
Any person who, having received a grant as to placing of wires and poles or underground cable on a highway under this chapter, fails to comply with the provisions of § 31-26-4, 31-26-5, or 31-26-7 commits a petty offense.
Source: SDC 1939, § 28.9911; SL 1978, ch 158, § 20; SL 2003, ch 159, § 4.
31-26-10. Application to county auditor--Telephone lines excepted.
Any applicant desiring to construct a transmission line as provided in § 31-26-1 shall file with the county auditor an application and any applicant desiring to construct a telephone line as provided in § 31-26-1 may, but shall not be required to file an application with the county auditor.
Source: SL 1913, ch 369, § 2; RC 1919, § 8592; SL 1919, ch 221; SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2.
31-26-11. Contents of application--Central plant location--Route--Telephone lines.
In the case of either a transmission line application or a telephone line application under § 31-26-1, the applicant shall state the place where the applicant's central plant is located, the point or points to which the applicant desires to transmit electricity or furnish telephone service, and the route over which the applicant desires to construct such lines or bury underground cable. The application shall state what electric, telegraph, and telephone lines are, at the time of making the application, occupying a part of the highway or highways which the proposed lines are to occupy. Any applicant who hereafter desires to construct a telephone line or bury underground cable shall state whether the applicant has obtained a certificate of convenience and necessity from the Public Utilities Commission.
Source: SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2; SL 2003, ch 159, § 5.
31-26-12. Rural electrification lines throughout county--Definition of rural electrification.
If the applicant in the case of a transmission application, wishes to construct lines or bury underground cable for rural electrification the applicant may state that the applicant wishes to construct lines for rural electrification throughout the county, in which event the applicant need not show the point or points to which the applicant desires to transmit electricity nor the route, and if the application is granted to such applicant for rural electrification county-wide authorization may be given to such applicant but subject to the other provisions of this chapter. For the purposes of this chapter, a line or underground cable shall be deemed "for rural electrification" if it carries at least one circuit of such voltage as is practical for and customarily used in distributing electricity to farms.
Source: SDC 1939, § 28.1002 as added by SL 1951, ch 141; SL 1953, ch 149, § 2; SL 2003, ch 159, § 6.
31-26-13. Application presented to board of county commissioners--Notice of hearing.
The county auditor shall present an application under § 31-26-1 to the board of county commissioners within thirty days after the filing of the application, at a regular or special meeting called for that purpose. The auditor shall give ten days' notice by mail of the application and the time and place when and where the application will be heard to any public entity having jurisdiction and supervision over the involved highway, and to all persons, firms, or corporations owning or operating electric, telephone, or telegraph lines or underground cable on any part of the highway which the proposed lines may occupy.
Source: SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2; SL 2003, ch 159, § 7; SL 2017, ch 125, § 1.
31-26-14. Action by board--Period of delay.
It shall be the duty of the board of county commissioners to take immediate action upon an application under § 31-26-13 at the time and place noticed for hearing thereon and final action thereon shall not be delayed for a longer period than ten days from the date of meeting set for the hearing.
Source: SL 1913, ch 369, § 2; RC 1919, § 8592; SL 1919, ch 221; SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2.
31-26-15. Application granted--Adjustment with other utilities--Apportionment of costs--Telephone companies.
If the application for construction or reconstruction of an electric line is granted by the board of county commissioners, it shall be competent for such board to adjust any differences that may arise between any such applicant and any owner or owners of any electric, telephone, or telegraph line or underground cable affected by such decision, in the matter of construction or reconstruction, and such board may adjust and apportion the costs which may be occasioned in order to carry out the plans, methods, or means approved by the board as deemed necessary to avoid or minimize interference or hazard. However, if there is a dispute between two telephone companies such dispute shall be adjusted by the Public Utilities Commission.
Source: SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2; SL 2003, ch 159, § 8.
31-26-16. Conformity to public utilities commission order.
Any action of the county commissioners in the case of an application of a telephone company under § 31-26-1 shall enable the applicant to conform to and shall not be in conflict with any order of the Public Utilities Commission.
Source: SDC 1939, § 28.1002 as added by SL 1953, ch 149, § 2.
31-26-17. Appeal by aggrieved parties--Trial de novo--Appeal during vacation.
Any interested party feeling aggrieved by the decision of the board of county commissioners on the matter of an application under § 31-26-1, shall have the right of appeal to the circuit court as from other decisions from such board, and on such appeal the circuit court shall hear and determine the matter de novo. The hearing of such appeal may be brought on either in vacation or term time upon ten days' notice to the applicant or appellant.
Source: SL 1913, ch 369, § 2; RC 1919, § 8592; SL 1919, ch 221; SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2.
31-26-18. Change of route--Change by county board--Appeal--Procedure.
If the board of county commissioners has granted the right to any person to construct lines or bury underground cable for the transmission of electricity as provided in §§ 31-26-1 to 31-26-17, inclusive, and if before constructing such line the applicant desires to change the route designated in the grant, the board may change the route upon application of the person constructing the same subject to the same provisions for placing poles, fixtures, guy wires, braces, and stays or underground cable, as provided by law on original construction.
Source: SDC 1939, § 28.1003; SL 1953, ch 149, § 3; SL 1953, ch 151; SL 2003, ch 159, § 9.
31-26-19. Minimum height of utility lines--Liability for damage to lines below minimum height.
It shall be a Class 2 misdemeanor for any person, firm, association, or corporation owning or operating any telephone, telegraph, or electric line, or any part of such line in this state, to extend any telephone, telegraph, or electric wire, any part of which shall be less than eighteen feet from the ground, over or across any public highway. No such person, firm, association, or corporation shall be entitled to collect damages from any person who shall cut, break, remove, or otherwise destroy any such telephone, telegraph, or electric wire over or across a public highway if any part of the same is at any time less than eighteen feet from the ground.
Source: SL 1921, ch 251; SDC 1939, § 28.1004; SL 1965, ch 134.
31-26-20. Cost of adjusting lines to minimum height--Acquisition of new highway right-of-way--Items excluded from cost.
Costs of adjusting said lines to conform to the minimum height as set out in § 31-26-19 may only be assumed by the governmental body having jurisdiction of said public highway where said adjustment results from the acquisition of new highway right-of-way in which the utility has an interest.
Said costs shall not include salvage, depreciation, or betterment values to the utility.
Source: SL 1921, ch 251; SDC 1939, § 28.1004; SL 1965, ch 134.
31-26-21. Liability for damage for negligent construction or maintenance of line.
Nothing contained in § 31-26-19 or 31-26-20 shall be construed to exempt anyone owning or operating any telephone, telegraph, or electric line or underground cable in this state from liability for any damage or injury which anyone may sustain by reason of the faulty or negligent construction or maintenance of such telephone, telegraph, or electric line or underground cable.
Source: SDC 1939, § 28.1004; SL 1965, ch 134; SL 2003, ch 159, § 10.
31-26-22. Electrical lines, pipelines, communication lines and other utilities--Permits--Rules--Compliance with National Electrical Safety Code establishes due care in negligence claim.
The Transportation Commission may promulgate rules and the Department of Transportation may issue permits, to allow electrical lines, pipelines, communication lines and other utilities, including rural water service pipelines, whether above or below ground, to operate the facilities over, under, or along public grounds, streets, alleys and highways under its jurisdiction in this state. Any rule promulgated pursuant to this section shall set forth application and issuance of permit criteria and installation standards necessary to preserve a safe traffic environment, the appearance of the highway, and the efficiency and economy of highway maintenance and shall be promulgated pursuant to chapter 1-26. Proof of compliance with the requirements of the applicable National Electrical Safety Code standard establishes due care in the defense of a negligence claim alleging a violation of that standard.
Source: SL 1970, ch 166, § 1; SL 1979, ch 199, § 3; SL 1984, ch 207, § 65; SL 1987, ch 210, § 13; SL 2007, ch 261, § 3.
31-26-23. Relocation or removal of electrical lines, communication lines, and pipelines--Procedural requirements.
If any highway or public entity infrastructure is constructed or changed within the public right-of-way, the public entity or its representative shall notify any affected known utility that has electrical lines, communications lines, or pipelines and allow the affected utility to participate in a coordination meeting during the planning or design phase of the project, except as provided in this section. The meeting shall allow the public entity and affected known utility to discuss options to minimize construction delays, limit the impact of the construction on utility facilities, and to minimize or eliminate costs associated with any utility removal or relocation. No such option may cause the public entity to incur additional costs unless a written agreement is reached to have the affected utility pay for the additional costs incurred by the public entity.
If the public entity determines that coordination meetings will not be held due to the project scope and size, the public entity shall notify any affected known utility and allow the affected utility thirty days to submit written comments on the project.
After the coordination meetings or after the written comment period, the permit holder shall, upon ninety days notice in writing, remove or relocate the facilities at its own cost unless other arrangements have been mutually agreed upon in writing. If the public entity, in coordination with the utility, determines that winter weather conditions make removal or relocation impractical, the accrual of time within the ninety-day notification period shall be suspended until conditions make removal or relocation practical. If a utility's facility is discovered during construction that was not identified by the utility during the planning or design phase or during the written comment period if the public entity determines that a coordination meeting will not be held, the ninety-day notice is not required and the utility shall coordinate with the public entity to remove or relocate the facility as soon as practically possible for the project.
Source: SL 1970, ch 166, § 2; SL 2009, ch 148, § 1.
31-26-23.1. Agreements with owners of utility lines and facilities for future relocation--Limitation.
Notwithstanding the provisions of § 31-26-23, the Department of Transportation may enter into agreements with the owners of utility lines and facilities providing for the future relocation, at the department's expense, of utility lines and facilities located within any highway right-of-way. However, the department may enter into such agreements only if existing utility lines or facilities on private property will be located within the right-of-way as the result of a highway construction project.
Source: SL 2004, ch 199, § 1.
31-26-24. Rural water pipelines covered by chapter.
The terms and provisions of this chapter shall also apply to the laying and construction of rural water pipelines insofar as they may be applicable thereto.
Source: SL 1977, ch 244, § 2.
31-26-25. Construction of rural water or livestock pipeline on public highway--Application--Countywide authorization--Ordinance--Nature of interest.
Any person desiring to construct or lay a water pipeline over, across, or under public highways, except state trunk system highways, for the purpose of providing rural water service, or providing water to livestock on property that is taxed as agricultural land, must make application to the board of county commissioners as provided in this chapter. Upon application, the board of county commissioners may grant countywide authorization for the construction of rural water service lines or lines that water livestock, subject to the provisions of this chapter. The board of county commissioners may enact ordinances governing pipelines and grant authorization to the highway superintendent to approve rural water service lines without application to the board. County approval of a pipeline authorized under this section creates no ownership interest and is a temporary grant to utilize the highway.
Source: SL 1977, ch 244, § 1; SL 1979, ch 199, §§ 1, 2; SL 2023, ch 96, § 1.
31-26-26. Relocation of pipeline--When required.
When any highway along or under which a pipeline approved pursuant to § 31-26-25 has been constructed is changed, removal or relocation of the pipeline is not necessary if the owner or beneficiary of the pipeline and the board of county commissioners agree in writing that removal or relocation is not necessary. However, removal or relocation of a livestock pipeline is required if the board determines it is necessary to improve the highway or otherwise remove the pipeline for any county purpose.
Source: SL 1977, ch 244, § 3; SL 2023, ch 96, § 2.
31-26-26.1. Relocation of a livestock pipeline--Request--Approval.
An owner or operator of a livestock pipeline approved pursuant to § 31-26-25 may, at any time, submit a request for the relocation, removal, or change of a livestock pipeline to the highway superintendent. Upon approval of the highway superintendent, the owner or operator may, at their own cost and in accordance with any conditions set by the highway superintendent, relocate, remove, or change the livestock pipeline.
Source: SL 2023, ch 96, § 3.
31-26-26.2. Liability on construction or maintenance of pipeline--County recovery--Venue.
Nothing contained in § 31-26-25 or 31-26-26 may be construed to exempt from liability a person who owns, operates, or benefits from a livestock pipeline, for any damage or injury sustained by reason of the faulty or negligent construction or maintenance of a livestock pipeline. A county is entitled to recover, from any owner, operator, or beneficiary of a livestock pipeline, the amount necessary to spend in the removal or repair of the portion of highway or right of way impacted by the faulty or negligent construction or maintenance, including a reasonable amount for attorney's fees. The action may be commenced in any court in the county having jurisdiction.
Source: SL 2023, ch 96, § 4.
31-26-27. Municipal utility lines--Provisions applicable.
The terms and provisions of §§ 31-26-22 to 31-26-26, inclusive, apply to the laying and construction of municipal utility lines, insofar as they may be applicable.
Source: SL 1981, ch 227.
31-27-1
Power of Department of Transportation respecting grade crossings--Expenses
of alteration or abolition of crossing.
31-27-2
Power of Department of Transportation respecting details of grade crossing--Approval of plans and specifications--Separation of grade--Watchmen and
safety systems.
31-27-2.1
Railroad responsibility for crossing maintenance after abandonment of right-of-way--Transfer of responsibility.
31-27-3
Filing required for establishment of crossing--Approval.
31-27-4
Repealed.
31-27-5
Expense of eliminating crossings.
31-27-6
Expense of land appropriated for relocation of crossings.
31-27-7
Determination to eliminate crossing when no right-of-way is needed.
31-27-8 to 31-27-10.
Repealed.
31-27-11
Grading and approaches if no right-of-way needed.
31-27-12
Determination to eliminate dangerous crossing when new right-of-way is
necessary.
31-27-13, 31-27-14.
Repealed.
31-27-15
Purchase or condemnation of new right-of-way--Plats prepared by
transportation department or county highway superintendent.
31-27-16
Repealed.
31-27-17
Cost of right-of-way, grading, and approaches.
31-27-18
Minimum overhead clearance--Width of roadway--Approaches.
31-27-19
Repealed.
31-27-19.1
Cost of repair and maintenance of railroad and highway crossings
apportioned on basis of benefit.
31-27-20
Railroad right-of-way defined.
31-27-21
Railroad and highway crossing defined.
31-27-1. Power of Department of Transportation respecting grade crossings--Expenses of alteration or abolition of crossing.
The Department of Transportation may upon its own motion or upon complaint and after hearing and notice to all the parties in interest, including the owners of adjacent property and the railroad company, order any crossing now existing or hereafter constructed at grade or at the same or different levels to be relocated, altered, or abolished according to plans and specifications, terms and conditions to be prescribed by the department. The department shall determine the terms on which the separation should be made and shall allocate the expense of the alteration, or the abolition of the crossing, or the separation of the grade between the railroad companies affected or between the railroad companies and the county, municipality, or public authority at interest on the basis of the benefits received, if any, by each entity with an interest.
Source: SL 1919, ch 292; SDC 1939, § 28.1101; SL 1980, ch 322, § 111.
31-27-2. Power of Department of Transportation respecting details of grade crossing--Approval of plans and specifications--Separation of grade--Watchmen and safety systems.
The Department of Transportation may determine, order, and prescribe in accordance with the plans and specifications to be approved by it, the reasonable manner, including the particular point of crossing, at which the tracks or other facilities of any line of railroad may be constructed across the tracks or any other facilities of any other line of railroad, or of any street, or highway, at grade, or above or below grade, or at the same or different levels, or at which the tracks or other facilities of any railroad company or companies may be constructed across the track or facilities of any other railroad company, or across any public highway, street at grade, or above or below grade, or at which any public highway may be constructed across the tracks or other facilities of any railroad company at grade or above or below grade; and may determine, order, and prescribe the terms and conditions of installation and operation, maintenance, and protection of all such crossings, which may be constructed, including any watchman thereat, or the installation and regulation of lights, blocks, interlocking, or other systems, or devices of signaling, safety appliance devices, or such other means or instrumentalities as the department determines reasonable and necessary to the end, intent, and purpose that accidents may be prevented and the safety of the public promoted.
Source: SL 1919, ch 292; SDC 1939, § 28.1101; SL 1980, ch 322, § 112.
31-27-2.1. Railroad responsibility for crossing maintenance after abandonment of right-of-way--Transfer of responsibility.
The responsibility of a railroad corporation to maintain and keep in repair grade crossings as provided by law does not terminate upon the abandonment of the railroad right-of-way or a portion thereof. The responsibility continues until the highway is restored to a usable condition. The maintenance responsibility does not terminate with the disposal of the abandoned railroad right-of-way or the dissolution of the railroad corporation but passes to the transferee of the abandoned railroad right-of-way or the successors to the railroad corporation.
Source: SL 1976, ch 185; SL 2010, ch 145, § 129.
31-27-3. Filing required for establishment of crossing--Approval.
No crossings at, above, or below grade, may be established except under plans and specifications filed with the Department of Transportation. Plans and specifications for crossings do not require the approval of the department unless a controversy exists between the applicant and the railroad.
Source: SL 1919, ch 292; SDC 1939, § 28.1101; SL 1980, ch 322, § 113; SL 1984, ch 216, § 6.
31-27-5. Expense of eliminating crossings.
The expense of eliminating railroad crossings shall be divided between the railroad company and the state or counties, as the case may be, on the basis of the benefits received by each party.
Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1102; SL 1980, ch 322, § 115.
31-27-6. Expense of land appropriated for relocation of crossings.
If lands are appropriated for the relocation of any state or county highway, which relocation is deemed necessary to avoid one or more railroad crossings or other dangerous places, the expenses shall be apportioned on the basis of benefits received by the railroad, if any, and the benefits received by the state or county, if any.
Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1102; SL 1980, ch 322, § 116.
31-27-7. Determination to eliminate crossing when no right-of-way is needed.
If no right-of-way is needed for the building of a subway or overhead crossing on a state or county highway, the governing body having jurisdiction over the highway shall determine when it is necessary to eliminate the crossing.
Source: SDC 1939, § 28.1103 (1); SL 1984, ch 216, § 1; SL 1997, ch 177, § 2.
31-27-11. Grading and approaches if no right-of-way needed.
If no right-of-way is needed for the building of a subway or overhead crossing on a state or county highway, the state or county shall do the necessary grading, approaching, and leading from the overhead or subway undercrossing.
Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1103 (5); SL 2010, ch 145, § 130.
31-27-12. Determination to eliminate dangerous crossing when new right-of-way is necessary.
If a new right-of-way is necessary for the building of a subway or overhead crossing on a state or county highway, the governing body having jurisdiction over the highway shall determine when it is necessary to eliminate the dangerous crossing.
Source: SDC 1939, § 28.1104 (1); SL 1984, ch 216, § 2; SL 1997, ch 177, § 6.
31-27-15. Purchase or condemnation of new right-of-way--Plats prepared by transportation department or county highway superintendent.
If a new right-of-way is necessary for the building of a subway or overhead crossing on a state or county highway, the necessary right-of-way shall be obtained by the Department of Transportation or the board of county commissioners either by consent of the owners of the property sought, or by condemnation, after the property is properly surveyed and plats are prepared by the Department of Transportation, or county highway superintendent.
Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1104 (4); SL 1984, ch 207, § 66.
31-27-17. Cost of right-of-way, grading, and approaches.
If a new right-of-way is necessary for the building of a subway or overhead crossing on a state or county highway, the state or county shall pay for the right-of-way and necessary grading, approaching, and leading from the overhead crossing or subway undercrossing.
Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1104 (6); SL 2010, ch 145, § 131.
31-27-18. Minimum overhead clearance--Width of roadway--Approaches.
The clearance or overhead room of any subway or undercrossing may not be less than fifteen feet from top of finished grade to bottom of sills of overhead track or trusses. The width or clear roadway of the subway or undercrossing may not be less than twenty-four feet, clear roadway. The approaches to the undercrossing or overhead crossing shall be straight and under no circumstances may these crossings contain curves.
Source: SL 1919, ch 333, § 63; SDC 1939, § 28.1105; SL 2010, ch 145, § 132.
31-27-19.1. Cost of repair and maintenance of railroad and highway crossings apportioned on basis of benefit.
The expense of repairing, replacing, and maintaining all "railroad and highway crossings," as defined by § 31-27-21, and all protection and safety devices shall be determined by the Department of Transportation on the basis of the proportion of benefit, if any, derived by railroad companies, and the benefit, if any, to the public authority at interest.
Source: SL 1974, ch 206; SL 1975, ch 194; SL 1980, ch 322, § 119; SL 1984, ch 207, § 67.
31-27-20. Railroad right-of-way defined.
A railroad right-of-way consists not only of that strip of land, usually one hundred feet wide, over which the main track is laid but the adjacent extra width of land as may be necessary and useful for cuts, embankments, ditches for change of location of watercourses, and other works of a railroad, appropriate and necessary for railroad purposes.
Source: SDC 1939, § 28.1106 (1) as enacted by SL 1945, ch 115; SL 2010, ch 145, § 133.
31-27-21. Railroad and highway crossing defined.
A railroad and highway crossing, usually referred to as a railroad crossing, includes all that part of a public highway or private road extending from the point where it touches the property line of the right-of-way of the railroad company on one side until it passes over and beyond the railroad company's property line or right-of-way on the opposite side of the right-of-way.
Source: SDC 1939, § 28.1106 (2) as enacted by SL 1945, ch 115; SL 2010, ch 145, § 134.
CHAPTER 31-28
HIGHWAY MARKERS AND SIGNS
31-28-1 Marking of highways with standard design--Numbers to correspond with official maps.
31-28-2 Directional signs at highway branches.
31-28-3 31-28-3. Repealed by SL 1984, ch 207, § 68
31-28-4 Description of routes selected for marking--Previously marked routes to conform.
31-28-5 Standard traffic control devices and markings--Adoption and erection--Uniformity of design.
31-28-6 Warning signs at points of danger--Maintenance--Violation as misdemeanor.
31-28-7 Railway crossing signs--Maintenance--Violation as misdemeanor.
31-28-7.1 Legally abandoned and nonoperational track defined.
31-28-7.2 Notice of nonoperational track becoming operational.
31-28-8 Erection of unofficial signs prohibited--Misdemeanor--Emergencies--Approval by Department of Transportation.
31-28-10 Marking intrastate and interstate highways--Uniformity--Conformity with other states.
31-28-10.1 Standards for supplemental guide signs--Rules--Definition.
31-28-10.2 Safety as prime consideration in supplemental guide signs--Traffic generating capacity secondary.
31-28-10.3 Supplemental guide signs for smaller institutions.
31-28-11 Markings to conform to uniform national signing standards on streets and roads constructed with federal aid.
31-28-12 Markings on highways under commissioners' jurisdiction--Distances between third class municipalities--Cost of markings.
31-28-13 Markings by local authorities--Local regulations not enforceable in absence of sign--Location and legibility of sign.
31-28-14 Unauthorized signs, markers, and signals prohibited--Authorization to organization.
31-28-15 31-28-15. Repealed by SL 1984, ch 207, § 72
31-28-16 Arterial highways--Right-of-way--Violation as misdemeanor.
31-28-17 Hazardous intersections--Railroad crossings--Warning signs--Violation as misdemeanor.
31-28-19 Markings resembling official signs--Obscuring official sign--Violation as misdemeanor.
31-28-20 Commercial or political campaign advertising--Violation as misdemeanor.
31-28-21 Signs on private property.
31-28-22 Prohibited sign as nuisance.
31-28-23 Tampering, molesting, or interfering with markers, signs, or control devices--Violation as misdemeanor--Liability for costs.
31-28-23.1 Civil penalty for tampering, removing, or interfering with highway marker, sign, or control device.
31-28-25 Traffic light control.
31-28-26 31-28-26, 31-28-27. Repealed by SL 1984, ch 207, §§ 74, 75
31-28-28 Unauthorized possession of official signs or markers as misdemeanor.
31-28-29 Activities of technical professionals not limited.
31-28-1. Marking of highways with standard design--Numbers to correspond with official maps.
The Department of Transportation shall keep the various lines of highways comprising the state trunk highway system, including the connecting streets in municipalities, distinctly marked with some standard design placed on convenient objects along the routes. The design shall be uniform on all parts of the trunk highway system. However, the numbers shall correspond with the numbers given the various routes by the department. The numbers shall coincide with the numbers placed on the official map or maps issued by the department. No similar design may be used for marking other routes in South Dakota.
Source: SL 1919, ch 333, § 52; SDC 1939, § 28.0904; SL 2010, ch 145, § 135.
31-28-2. Directional signs at highway branches.
If, in the marking or numbering of any state trunk highway, there is a division of the highway into two branches, there shall be erected along each of the highways at the initial point of separation a directional sign indicating the general direction or course of the respective highways as to whether the course of the highway is east, west, north, or south as the case may be.
Source: SDC 1939, § 28.0211 as added by SL 1957, ch 124; SL 1965, ch 132; SL 2010, ch 145, § 136.
31-28-4. Description of routes selected for marking--Previously marked routes to conform.
No routes may be marked within or through the state until an exact description of the routes selected for marking have been filed with the Department of Transportation and the route and marking have been approved by the department. Any routes previously marked between any two adjacent points in South Dakota shall be made to conform to the trunk system between the same points.
Source: SL 1919, ch 333, § 52; SDC 1939, § 28.0904; SL 1984, ch 207, § 69.
31-28-5. Standard traffic control devices and markings--Adoption and erection--Uniformity of design.
The Department of Transportation shall specify and may cause to be erected the standard traffic control devices and markings it considers necessary along the trunk highway system. The devices and markings shall be of uniform design throughout the state.
Source: SL 1919, ch 333, § 53; SL 1923, ch 284, § 4; SDC 1939, § 28.0901; SL 1941, ch 130; SL 1984, ch 207, § 70.
31-28-6. Warning signs at points of danger--Maintenance--Violation as misdemeanor.
The public board or officer whose duty it is to repair or maintain any public highway shall erect and maintain at points in conformity with standard uniform traffic control practices on each side of any sharp turn, blind crossing, or other point of danger on such highway, except railway crossings marked as required in § 31-28-7, a substantial and conspicuous warning sign. The sign shall be on the right-hand side of the highway approaching such point of danger. Failure to comply with the provisions of this section is a Class 1 misdemeanor.
Source: SL 1923, ch 284, § 4; SDC 1939, §§ 28.0901, 28.9903; SL 1941, ch 130; SDCL § 31-28-9; SL 2010, ch 145, § 137.
31-28-7. Railway crossing signs--Maintenance--Violation as misdemeanor.
The public board or officer whose duty it is to repair or maintain any public highway shall erect and maintain at points in conformity with standard uniform traffic control practices on each side of the place at which a highway crosses an operational railway track or right-of-way, except within the limits of municipalities, a standard railroad advance warning sign. The sign shall be on the right-hand side of the highway approaching such crossing and at a distance from the crossing as the department or other controlling body shall direct. Any legally abandoned or nonoperational track which is crossed by a public highway and at which the crossing has been properly marked as a railway grade crossing may be marked with a supplemental sign, meeting uniform traffic control practices, to inform drivers of vehicles identified in § 32-29-5 that a stop is not required at that crossing. Failure to comply with the provisions of this section is a Class 1 misdemeanor.
Source: SL 1923, ch 284, § 4; SDC 1939, § 28.9903; SDC 1939, § 28.0901 as added by SL 1941, ch 130; SDCL § 31-28-9; SL 1981, ch 228, § 1; SL 2010, ch 145, § 138.
31-28-7.1. Legally abandoned and nonoperational track defined.
For the purpose of § 31-28-7, legally abandoned track is any section of railway track on which formal legal abandonment proceedings have been completed. For the purpose of §§ 31-28-7, 31-28-7.2, and 32-29-5, nonoperational track is any section of railway track on which there has been no traffic for the previous three months and there is no prospect of traffic in the near future.
Source: SL 1981, ch 228, § 3.
31-28-7.2. Notice of nonoperational track becoming operational.
If a nonoperational track becomes operational, the operator of that railroad shall, not less than thirty days prior to operating on the track, cause public notice to be given thereof, by publication in each newspaper published in each county in which the operator intends to operate, once each week for four consecutive weeks, notifying the public of the date on which operations shall begin. The operator shall also notify each school superintendent in those counties in writing of the commencement of operations.
Source: SL 1981, ch 228, § 4.
31-28-8. Erection of unofficial signs prohibited--Misdemeanor--Emergencies--Approval by Department of Transportation.
It shall be a Class 1 misdemeanor to erect or display any sign endangering the public or other guide or warning signs upon the trunk highway system except in case of emergency or when approved by the Department of Transportation.
Source: SL 1919, ch 333, § 53; SL 1923, ch 284, § 4; SDC 1939, §§ 28.0901, 28.9903; SL 1941, ch 130; SDCL, § 31-28-9.
31-28-10. Marking intrastate and interstate highways--Uniformity--Conformity with other states.
The department may classify, designate, and mark both intrastate and interstate highways lying within the boundaries of this state and provide a uniform system of marking and signing the highways under the jurisdiction of this state. The system of marking and signing shall correlate with and so far as possible conform to the system adopted in other states.
Source: SL 1929, ch 251, § 58; SDC 1939, § 44.0359; SL 2010, ch 145, § 139.
31-28-10.1. Standards for supplemental guide signs--Rules--Definition.
The Transportation Commission shall promulgate rules pursuant to chapter 1-26 and consistent with the manual on uniform traffic control devices governing standards for supplemental guide signs on the interstate highway system. The rules shall set forth qualifying facility criteria; application procedures; sign content, size, location, and spacing restrictions; erection requirements; and message priority. For the purposes of §§ 31-28-10.1 to 31-28-10.3, inclusive, a supplemental guide sign is any official sign erected on the right-of-way to provide guidance for the motorist to traffic generators.
Source: SL 1979, ch 200, §§ 1, 2; SL 1987, ch 210, § 14.
31-28-10.2. Safety as prime consideration in supplemental guide signs--Traffic generating capacity secondary.
The Transportation Commission shall give priority consideration to highway safety factors before approval of any application for a supplemental guide sign. Secondary consideration shall only be given to criteria relating to the traffic generating capacity of the facility or institution making application for the supplemental signing.
Source: SL 1979, ch 200, § 4.
31-28-10.3. Supplemental guide signs for smaller institutions.
In establishing standards pursuant to § 31-28-10.1 the Transportation Commission may not restrict the availability of these supplemental guide signs to four-year degree granting institutions, nor may it establish enrollment criteria that restricts the eligibility of smaller educational institutions.
Source: SL 1979, ch 200, § 3.
31-28-11. Markings to conform to uniform national signing standards on streets and roads constructed with federal aid.
On any street or road constructed with federal aid, the location, form, character of informational regulatory warning signs, curb and pavement, or other markings and traffic signals, shall conform to uniform national signing standards.
Source: SL 1945, ch 121; SDC Supp 1960, § 28.0904-1; SL 1984, ch 207, §§ 7, 71.
31-28-12. Markings on highways under commissioners' jurisdiction--Distances between third class municipalities--Cost of markings.
Each board of county commissioners shall erect and maintain substantial guideposts at convenient intervals along all public highways under its jurisdiction not within the boundaries of any municipality, which guideposts shall show in plain letters thereon the directions and distances to the next municipality on either side of the point where such guidepost is located. The cost of erecting such guideposts shall be paid from the county general fund.
Source: SL 1913, ch 230; RC 1919, § 5902; SDC 1939, § 12.2901; SL 1980, ch 211, § 1.
31-28-13. Markings by local authorities--Local regulations not enforceable in absence of sign--Location and legibility of sign.
Local authorities in their respective jurisdictions may cause appropriate signs to be erected and maintained, designating residence and business districts, highway and steam or interurban railway grade crossing, and such other signs as may be deemed necessary to carry out the provisions of chapters 32-14, 32-22, and 32-25 to 32-31, inclusive, and such additional signs as may be appropriate to give notice of local parking and other special regulations. Local parking and other special regulations shall not be enforceable against an alleged violator if, at the time and place of the alleged violation, an appropriate sign giving notice thereof is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
Source: SL 1929, ch 251, § 59; SDC 1939, § 44.0360.
31-28-14. Unauthorized signs, markers, and signals prohibited--Authorization to organization.
No unauthorized person may erect or maintain upon any highway, any warning or direction sign, marker, signal, or light in imitation of any official sign, marker, signal, or light erected under the provisions of this chapter. No person may erect or maintain upon any highway any traffic or highway sign or signal bearing thereon any commercial or political campaign advertising. Nothing in this section prohibits the erection or maintenance of any sign, marker, or signal bearing thereon the name of an organization authorized to erect the sign, marker, or signal by the department or any local authority as defined in this chapter.
Source: SL 1929, ch 251, § 60; SDC 1939, § 44.0361; SL 2010, ch 145, § 140; SL 2011, ch 137, § 1.
31-28-16. Arterial highways--Right-of-way--Violation as misdemeanor.
The department and boards of county commissioners may designate certain state and county highways, or portions thereof, as preferential or arterial highways. The traffic upon any highway so designated shall have the right-of-way. Failure to comply with the provisions of this section is a Class 2 misdemeanor.
Source: SL 1927, ch 136, §§ 1, 3; SDC 1939, §§ 28.0902, 28.9904; SDCL § 31-28-18; SL 1967, ch 114; SL 2010, ch 145, § 141.
31-28-17. Hazardous intersections--Railroad crossings--Warning signs--Violation as misdemeanor.
Except within the limits of a municipality, the department and county commissioners may designate any hazardous intersection as a stop intersection, and designate any railroad crossing as a stop crossing. The intersections and railroad crossings shall be designated by placing a stop sign at the point of stop. The sign to be preceded by a warning sign so as to give warning of stop. Failure to stop at the point of stop of such intersections and railroad crossings is a Class 2 misdemeanor.
Source: SL 1927, ch 136, §§ 2, 3; SDC 1939, §§ 28.0902, 28.9904; SDCL § 31-28-18; SL 1967, ch 114; SL 1980, ch 211, § 2; SL 2010, ch 145, § 142.
31-28-19. Markings resembling official signs--Obscuring official sign--Violation as misdemeanor.
No person may place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. A violation of this section is a Class 2 misdemeanor.
Source: SL 1963, ch 274, §§ 4 (1), 6; SDCL § 31-28-24; SL 2010, ch 145, § 143.
31-28-20. Commercial or political campaign advertising--Violation as misdemeanor.
No person may place or maintain nor may any public authority permit upon any highway or public right-of-way any traffic sign or signal bearing any commercial or political campaign advertising. A violation of this section is a Class 2 misdemeanor.
Source: SL 1963, ch 274, §§ 4 (2), 6; SDCL § 31-28-24; SL 2010, ch 145, § 144; SL 2011, ch 137, § 2.
31-28-21. Signs on private property.
The provisions of § 31-28-19 and 31-28-20 do not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
Source: SL 1963, ch 274, § 4 (3); SL 2010, ch 145, § 145.
31-28-22. Prohibited sign as nuisance.
Every sign, signal, marking, or device prohibited by §§ 31-28-19 and 31-28-20 is hereby declared to be a public nuisance, and the Department of Transportation or local authorities within their respective jurisdictions shall remove the sign, signal, marking, or device or cause it to be removed immediately. The removal may be done without notice.
Source: SL 1963, ch 274, § 4 (4); SL 2001, ch 160, § 2; SL 2011, ch 137, § 3.
31-28-23. Tampering, molesting, or interfering with markers, signs, or control devices--Violation as misdemeanor--Liability for costs.
No person may, without lawful authority, attempt or actually alter, deface, injure, knock down, remove, or in any manner molest or interfere with any official highway marker, sign, guide board, traffic-control device, interstate highway gate, or any railroad sign or signal, barrier, warning device, or sign erected in connection with highway maintenance or construction activities. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is responsible for the cost of repairing or replacing such markers, signs, signals, barriers, or devices.
Source: SL 1963, ch 274, §§ 5, 6; SDCL, § 31-28-24; SL 1984, ch 207, § 73; SL 1996, ch 188, § 3; SL 2001, ch 160, § 1; SL 2006, ch 130, § 12.
31-28-23.1. Civil penalty for tampering, removing, or interfering with highway marker, sign, or control device.
In addition to any damages and penalties provided by § 31-28-23, any person who is convicted of the offense of intentionally tampering, removing, or interfering with any official highway marker, sign, or control device pursuant to § 31-28-23 is subject to a civil penalty, to be set by the court, not to exceed two thousand dollars. Any civil penalty collected pursuant to this section shall be distributed to the state or the political subdivision with jurisdiction on the involved highway.
Source: SL 2014, ch 135, § 1.
31-28-25. Traffic light control.
Nothing in §§ 31-28-19 to 31-28-23.1, inclusive, limits the existing authority of South Dakota law enforcement officers in the performance of their duties involving traffic light control.
Source: SL 1963, ch 274, § 7; SL 2010, ch 145, § 146; SL 2021, ch 128, § 5.
31-28-28. Unauthorized possession of official signs or markers as misdemeanor.
No person may possess any sign, guide board, mileage post, signal, or marker erected by the state or by any governmental subdivision unless obtained in a legal manner. A violation of this section is a Class 1 misdemeanor.
Source: SL 1977, ch 245; SL 1984, ch 207, § 76.
31-28-29. Activities of technical professionals not limited.
Nothing in this chapter limits the practice and activity of a professional licensed pursuant to chapter 36-18A, performing his or her professional duties.
Source: SL 2001, ch 160, § 4; SL 2010, ch 145, § 147.
CHAPTER 31-29
HIGHWAY BEAUTIFICATION AND REGULATION OF ADVERTISING
31-29-1 Billboards near cemetery--Violation as misdemeanor.
31-29-2 Obstruction of highway or to vision--Violation as misdemeanor.
31-29-4 31-29-4 to 31-29-7. Repealed by SL 1979, ch 202, § 20
31-29-8 31-29-8. Repealed by SL 2010, ch 145, § 150.
31-29-9 31-29-9 to 31-29-11. Repealed by SL 1979, ch 202, § 20
31-29-12 Rest areas and facilities--Commercial accommodations prohibited.
31-29-13 Interest in land acquired--Acquisition by gift, purchase, exchange, or condemnation.
31-29-14 31-29-14. Repealed by SL 2010, ch 145, § 153.
31-29-15 31-29-15. Repealed by SL 1977, ch 246, § 22
31-29-16 31-29-16 to 31-29-23. Repealed by SL 1979, ch 202, § 20
31-29-24 31-29-24, 31-29-25. Repealed by SL 1973, ch 192, § 16
31-29-26 31-29-26. Repealed by SL 1979, ch 202, § 20
31-29-27 31-29-27, 31-29-28. Repealed by SL 1973, ch 192, § 16
31-29-29 31-29-29, 31-29-30. Repealed by SL 1979, ch 202, § 20
31-29-31 31-29-31 to 31-29-38. Repealed by SL 1976, ch 20, § 14
31-29-39 31-29-39 to 31-29-41.1. Repealed by SL 1979, ch 202, § 20
31-29-42 31-29-42. Repealed by SL 1973, ch 192, § 16
31-29-43 31-29-43 to 31-29-48. Repealed by SL 1977, ch 246, § 22
31-29-49 31-29-49. Repealed by SL 1973, ch 192, § 16
31-29-50 31-29-50 to 31-29-58. Repealed by SL 1977, ch 246, § 22
31-29-59 Maps, directories, and pamphlets at rest areas--Advertising and media display at information centers.
31-29-60 Compensation for removal of nonconforming signs--Federal contributions.
31-29-61 Legislative policy on outdoor advertising along interstate and primary highways.
31-29-62 Definition of terms.
31-29-63 Advertising prohibited within specified distances of main-traveled way--Exceptions.
31-29-63.1 Notice to owner to remove nonconforming sign--Removal by department at owner's expense.
31-29-63.2 Abandoned sign--Determination.
31-29-63.3 "Available for lease" and public service messages.
31-29-63.4 On-premise signs.
31-29-64 Advertising prohibited within certain distance of interstate or limited access highway interchanges, intersections at grade, or rest areas--Measurement.
31-29-65 Size standards and criteria.
31-29-66 Lighting standards and criteria.
31-29-67 Spacing standards and criteria.
31-29-67.1 Maintenance of signs.
31-29-68 Local zoning authority's determination in lieu of size, lighting, and space controls.
31-29-69 Blanket prohibition by local authority not authorized--Reasonableness required.
31-29-70 Unzoned commercial or industrial area defined--Measurements--Designation terminated after cessation of commercial or industrial activity.
31-29-71 Permit required to maintain sign--Sign without permit as nuisance--Abatement.
31-29-71.1 Fee for permit--Exception.
31-29-71.2 Duration of permit--Renewal--Fee in lieu of property tax.
31-29-71.3 Disposition of fee revenue.
31-29-71.4 Certain signs exempt from permit requirement.
31-29-71.5 Municipal signs exempt from permit requirement.
31-29-71.6 Conforming permit.
31-29-71.7 Nonconforming permit.
31-29-71.8 Criteria for outdoor advertising--Zoned commercial adjacent to interstate system outside municipality.
31-29-71.9 Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with no service road.
31-29-71.10 Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with service road.
31-29-71.11 Criteria for outdoor advertising--Zoned commercial adjacent to interstate with municipality.
31-29-71.12 Criteria for outdoor advertising--Zoned commercial adjacent to primary system.
31-29-71.13 Commercial or industrial activity.
31-29-71.14 Applications for permits--Forms provided.
31-29-72 Acquisition of nonconforming signs--Compensation required--Removal not required unless necessary funds available and compensation paid.
31-29-72.1 31-29-72.1. Repealed by SL 2010, ch 145, § 161.
31-29-72.2 Priority in removal of advertising.
31-29-73 Takings requiring compensation.
31-29-73.1 Highway fund used to pay for signs removed.
31-29-74 31-29-74. Repealed by SL 1979, ch 202, §§ 12, 20
31-29-75 Removal or valuation by amortization schedule prohibited--Owners of signs and property guaranteed just compensation.
31-29-76 31-29-76 to 31-29-79. Repealed by SL 1979, ch 202, § 20
31-29-80 31-29-80. Repealed by SL 2010, ch 145, § 162.
31-29-80.1 Directional sign program.
31-29-80.2 Funding of directional sign program.
31-29-80.3 Standards for directional signs submitted to federal government--Rules.
31-29-80.4 Procedure for authorizing directional signs--Compliance with rules.
31-29-80.5 Attraction defined.
31-29-81 31-29-81. Repealed by SL 1979, ch 202, § 20
31-29-82 Repair of sign permitted until actual removal--Maximum expenditure.
31-29-83 Commercial activities in rest areas or information centers prohibited--Exceptions.
31-29-84 31-29-84 to 31-29-87. Repealed by SL 1991, ch 235, §§ 6 to 9
31-29-1. Billboards near cemetery--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person to erect or construct along the streets or highways adjoining any cemetery, or within three hundred feet of any cemetery, any billboard, advertising sign, or unsightly object without first obtaining the written consent of the proper officers of the municipality, or township, and of the proper officers or persons having charge and control of such cemetery. However, the street or highway may be marked to designate an automobile route, or for other public purposes, if done in a neat and attractive manner.
Source: SDC 1939, §§ 28.0905, 28.9905; SDCL § 31-29-3; SL 1992, ch 60, § 2; SL 2010, ch 145, § 148.
31-29-2. Obstruction of highway or to vision--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person, corporation, or association, to place or maintain, or cause to be placed or maintained, any advertising sign, device, display, building, or structure on any of the public highways of the state. Except within municipalities, it is a Class 2 misdemeanor for any person, corporation, or association to place or maintain, or cause to be placed or maintained, any device, display, or obstruction to vision, along or adjacent to any of the public highways of the state where the device, display, or obstruction to vision, constitutes a hazard to highway traffic at any main crossing or intersection, horizontal or vertical curve or railroad crossing, as deemed hazardous by the authority in charge of the maintenance of the highway.
Source: SL 1925, ch 186, §§ 1, 3; SDC 1939, §§ 28.0906, 28.9905; SL 1941, ch 131; SDCL § 31-29-3; SL 2010, ch 145, § 149.
31-29-12. Rest areas and facilities--Commercial accommodations prohibited.
The Department of Transportation may acquire and improve strips of land necessary for acquisition of publicly owned and controlled rest areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public. However, the Transportation Commission may not expend any funds for the acquisition, construction or improvement of hotels, motels, restaurants, or other accommodations of like nature.
Source: SL 1966, ch 85, § 2; SL 1974, ch 204, § 1; SL 2010, ch 145, § 151.
31-29-13. Interest in land acquired--Acquisition by gift, purchase, exchange, or condemnation.
The interest in any land authorized to be acquired and maintained under § 31-29-12 may be the fee simple or any lesser interest, as determined by the department. The acquisition may be by gift, purchase, exchange, or by condemnation pursuant to the procedures provided by either §§ 31-19-1 to 31-19-21, inclusive, for the condemnation of real property by the department, or chapter 21-35.
Source: SL 1966, ch 85, § 3; SL 2010, ch 145, § 152.
31-29-59. Maps, directories, and pamphlets at rest areas--Advertising and media display at information centers.
In order to provide information to the traveling public, the Department of Tourism may maintain maps and permit informational directories and advertising pamphlets to be made available at safety rest areas, and may establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing other information as may be considered desirable. The department may contract to offer information through advertising or a media display, other than an informational directory or advertising pamphlet. The advertising or media display may be at an information center if the advertising or media display is exhibited solely within the information center and the advertising or media display is not legible from the main traveled way. The proceeds from any advertising or media display shall be deposited into the tourism promotion fund for the operation, maintenance, and expansion of information center exhibits.
Source: SL 1966, ch 87, § 5; SL 1967, ch 118, § 11; SL 2010, ch 145, § 154; SL 2018, ch 169, § 2.
31-29-60. Compensation for removal of nonconforming signs--Federal contributions.
No sign, display, or device may be required to be removed unless at the time of removal there are sufficient funds appropriated and available to pay the affected parties just compensation after due allowance for any contribution that may be available from the federal government, and if the latter contribution is available for immediate payment.
Source: SL 1967, ch 118, § 12; SL 2010, ch 145, § 155; SL 2021, ch 128, § 6.
31-29-61. Legislative policy on outdoor advertising along interstate and primary highways.
The Legislature, recognizing the public investment in highways and in justification of these expenditures, particularly the cost of maintenance which is borne wholly by state funds, finds and declares that it is the policy of this state that the erection and maintenance of outdoor advertising in areas adjacent to the right-of-way of the interstate and primary systems within this state shall be regulated in accordance with the terms of this chapter. All outdoor advertising determined to be nonconforming to the requirements of this chapter shall be subject to removal.
Source: SL 1977, ch 246, § 1; SL 1979, ch 202, § 5.
31-29-62. Definition of terms.
Terms used in this chapter mean:
(1) "Abandoned sign," a sign or sign structure that is blank, obliterated or displays obsolete advertising material for a period in excess of twelve continuous months;
(2) "Advertising area," the area of the sign face including border and trim, but not supports or aprons;
(3) "Blank sign," a sign that is void of advertising material;
(4) "Department," the South Dakota State Department of Transportation;
(5) "Directional information," route markers, mileage markers, directions to on-site location and information sufficient to guide a traveling motorist to a specific facility;
(6) "Directional sign," a sign designated, described and authorized by 23 U.S.C. § 131(c)(1) and the rules and regulations promulgated thereunder as of July 1, 1979;
(7) "Information center," an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the Department of Tourism may consider desirable;
(8) "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 state Department of Transportation and approved by the United States secretary of transportation, pursuant to the provisions of Title 23, United States Code;
(9) "Obliterated sign," a sign that is totally or partially painted out so as not to identify a particular product, service or facility;
(10) "Obsolete advertising material," material advertising a product or service no longer in use or available;
(11) "On-premise sign," a sign identifying an establishment's activities, products or services conducted or available on the property upon which it is located and signs advertising the sale or lease of the property upon which they are located;
(12) "Outdoor advertising," any outdoor sign, display, device, light, figure, drawing, painting, message, plaque, poster, or billboard, which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary systems;
(13) "Primary system," that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the state department of transportation, and approved by the United States secretary of transportation, pursuant to the provisions of Title 23, United States Code;
(14) "Quadrant of an interstate interchange," one of the four quarters created by the intersection of an interstate highway and a crossroad that is not part of the interstate system;
(15) "Safety rest area," an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public;
(16) "Service road," a graded and surfaced road providing public access to property within two thousand five hundred feet of an interstate highway centerline;
(17) "Specific or defined area," an economic area that would suffer substantial economic hardship by the removal of any directional sign, display, or device, providing directional information about goods and services in the interest of the traveling public;
(18) "Tourist oriented directional sign, display or device providing directional information about goods and services in the interest of the traveling public," any sign, display, or device giving directional information pertaining to rest stops, food services, lodging, campgrounds, gasoline and automotive services, and natively produced handicraft goods, and informing the traveling public of highway route mileage and site location and reference. Such directional information shall be in existence on such signs as of May 5, 1976;
(19) "Urban area," as defined by 23 U.S.C. § 101; and
(20) "Zoned commercial or industrial areas," those areas which are zoned commercial or industrial pursuant to Title 11.
Source: SL 1977, ch 246, § 2; SL 1979, ch 202, § 6; SL 1986, ch 240, § 1; SL 1991, ch 235, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 59; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2018, ch 169, § 3; SL 2021, ch 128, § 7.
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.
31-29-63.1. Notice to owner to remove nonconforming sign--Removal by department at owner's expense.
Any advertising sign, display, or device which violates the provisions of this chapter is hereby declared to be unlawful. The Department of Transportation shall give thirty days' written notice by certified mail, to the owner thereof to remove any prohibited sign, display, or device. If the owner fails to act within the thirty days as required by the notice, the department shall cause the sign, display or device to be removed at the owner's expense. If, for any reason, the department is unable to collect the removal costs, it may institute the necessary legal proceedings to recover them.
Source: SL 1979, ch 202, § 18; SL 1987, ch 210, § 15.
31-29-63.2. Abandoned sign--Determination.
Any abandoned sign as defined by § 31-29-62 is unlawful and is subject to the provisions of chapter 31-29. The twelve-month period for determining if a sign is abandoned commences upon the department's notification of violation to the sign owner.
Source: SL 1991, ch 235, § 2.
31-29-63.3. "Available for lease" and public service messages.
For the purposes of this chapter, an "available for lease" or other similar message is not considered advertising material. Any public service message is considered advertising material if it is a bona fide public service announcement which encompasses not less than twenty-five percent of the sign face and is the same color as the painted background of the sign face. The public service message may include name and telephone number of the owner.
Source: SL 1991, ch 235, § 3.
31-29-63.4. On-premise signs.
The following are not on-premise signs:
(1) A sale or lease sign which also advertises any product or service not located upon or unrelated to the business of selling or leasing the land on which the sign is located; or
(2) A sign located upon any land which is not an integral part of the advertised activity.
Source: SL 1991, ch 235, § 5.
31-29-64. Advertising prohibited within certain distance of interstate or limited access highway interchanges, intersections at grade, or rest areas--Measurement.
On interstate highways or limited access primary highways outside municipalities, no outdoor advertising device may be located adjacent to or within five hundred feet of an interchange, intersection at grade or safety rest area. Such five hundred feet shall be measured along such highway from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.
Source: SL 1977, ch 246, § 4.
31-29-65. Size standards and criteria.
The standards and criteria for size of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:
(1) The maximum area of any one sign facing any one direction shall be twelve hundred square feet but which in no instance may exceed thirty feet in height and sixty feet in length including border and trim, but not supports or apron; and
(2) The maximum size limitations provided in subdivision (1) of this section apply to each side of a sign structure; and signs placed back-to-back, side-by-side, or in V-type construction with no more than two displays to each facing. Such sign structure shall be considered as one sign.
Source: SL 1977, ch 246, § 5 (1); SL 1979, ch 202, § 15; SL 2010, ch 145, § 157.
31-29-66. Lighting standards and criteria.
The standards and criteria for lighting of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:
(1) No revolving or rotating beam of light simulating an official emergency device is permitted. Signs with flashing lights of any color are not permitted, except illuminating signs giving such public service information as time, date, or temperature;
(2) External lighting, such as floodlights, thin-line and gooseneck reflectors, is permitted, if it is shielded so as to prevent the direction of rays of light to any part of the main-traveled way;
(3) No lighting is permitted which is of such brilliance or intensity so as to establish glare or reflection which would interfere with the effectiveness of any official traffic control device or official sign or interfere with the motorist's view of traffic conditions; and
(4) A changeable message sign is permitted as an off-premise sign, regardless of the technology used, if the message is changed not more than once every six seconds and if the message is not continuously scrolled.
Source: SL 1977, ch 246, § 5 (2); SL 1997, ch 178, § 1.
31-29-67. Spacing standards and criteria.
The standards and criteria for spacing of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:
(1) Within municipalities signs shall conform to any applicable building codes and ordinances relating to spacing except that no such sign may be located closer than one hundred feet from an existing off-premises sign on a state nonlimited access primary highway and no closer than five hundred feet from any existing off-premise sign on a limited access primary highway or on an interstate highway;
(2) Outside of municipalities no off-premise sign may be erected adjacent to a limited primary access highway or interstate highway closer than five hundred feet, nor adjacent to a nonlimited access highway closer than three hundred feet, to an existing off-premise sign;
(3) Neither inside nor outside of municipalities may any sign be erected or maintained in such a location as to prevent the driver of a vehicle from having an effective view of any official traffic control device applicable to the driver or to approaching, intersecting, or merging traffic and highways within five hundred feet of such sign; and
(4) Double-faced, back-to-back, and V-type signs shall be considered as a single sign structure for purposes of these usages.
The above spacing provisions do not apply to structures separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distance is visible from the highway at any one time. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and applies only to structures located on the same side of the highway.
Source: SL 1977, ch 246, § 5 (3); SL 1979, ch 202, § 9; SL 2010, ch 145, § 158.
31-29-67.1. Maintenance of signs.
All signs subject to provisions of this chapter shall be maintained structurally safe, clean, and in good repair by the sign owner. Violations are subject to the provisions of this chapter.
Source: SL 1991, ch 235, § 4.
31-29-68. Local zoning authority's determination in lieu of size, lighting, and space controls.
If a local zoning authority recognized in Title 11 has made a determination of customary use, concerning the size, lighting, and spacing considerations, the determination shall be in lieu of controls in §§ 31-29-65 to 31-29-67, inclusive.
Source: SL 1977, ch 246, § 6; SL 2010, ch 145, § 159.
31-29-69. Blanket prohibition by local authority not authorized--Reasonableness required.
Nothing in §§ 31-29-61 to 31-29-83, inclusive, authorizes any local authority to prohibit outdoor advertising throughout its jurisdiction. However, any such regulation and control shall be reasonable and reasonably related to the needs of the business community to adequately and properly advertise its goods and services of benefit to the traveling public.
Source: SL 1977, ch 246, § 9; SL 2010, ch 145, § 160.
31-29-70. Unzoned commercial or industrial area defined--Measurements--Designation terminated after cessation of commercial or industrial activity.
An "unzoned commercial or industrial area," in consideration of the advertising needs of remote rural businesses located outside of municipal corporate limits, shall mean the areas adjacent to an interstate or primary highway within this state which are not zoned by state or local law, regulation, or ordinance, and on which there is located one or more permanent structures devoted to a commercial or industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward one thousand feet from and beyond the edge of each side of the activity. Each side of the highway shall be considered separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage, or processing and landscaped areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge of pavement of the highway. The cessation of the commercial or industrial activity shall terminate the designation of an area as an "unzoned commercial or industrial area" after six months, at which time outdoor advertising therein shall become nonconforming.
Source: SL 1977, ch 246, § 7; SL 1979, ch 202, § 10.
31-29-71. Permit required to maintain sign--Sign without permit as nuisance--Abatement.
All signs, displays, or devices legally erected and maintained within the control zones established pursuant to this chapter and those signs, displays, or devices that are nonconforming to the controls established pursuant to this chapter may not be maintained unless a permit is obtained from the Department of Transportation. A sign, display, or device erected or maintained without a permit is a public nuisance and subject to abatement by the Department of Transportation.
Source: SL 1977, ch 246, § 8; SL 1985, ch 236, § 2.
31-29-71.1. Fee for permit--Exception.
Any application for the permit required by § 31-29-71 shall be accompanied by the fee specified by the following schedule:
(1) If the advertising area does not exceed one hundred square feet, the fee is sixteen dollars;
(2) If the area exceeds one hundred square feet but does not exceed three hundred square feet, the fee is twenty-four dollars;
(3) If the area exceeds three hundred square feet but does not exceed five hundred square feet, the fee is thirty-two dollars;
(4) If the area exceeds five hundred square feet but does not exceed seven hundred square feet, the fee is forty dollars;
(5) If the area exceeds seven hundred square feet but does not exceed nine hundred square feet, the fee is forty-eight dollars;
(6) If the area exceeds nine hundred square feet but does not exceed one thousand one hundred square feet, the fee is sixty-four dollars;
(7) If the area exceeds one thousand one hundred square feet, the fee is seventy-two dollars.
A sign less than sixty-five square feet owned and maintained by a church is exempt from the fees under this section.
Source: SL 1985, ch 236, § 3; SL 1986, ch 239; SL 2010, ch 149, § 1.
31-29-71.2. Duration of permit--Renewal--Fee in lieu of property tax.
A permit obtained pursuant to § 31-29-71 shall be issued for one year with an effective date from October first through September thirtieth of the following year and shall be renewed annually upon the payment of the fee specified in § 31-29-71.1 without the necessity of a new application. The fees charged are in lieu of all property taxes.
Source: SL 1985, ch 236, § 4; SL 1986, ch 27, § 11.
31-29-71.3. Disposition of fee revenue.
The funds collected under § 31-29-71.1 shall be placed in the state highway fund.
Source: SL 1985, ch 236, § 5.
31-29-71.4. Certain signs exempt from permit requirement.
Any sign, display, or device lawfully erected and maintained pursuant to the provisions of this chapter and included in the exceptions defined in subdivision 31-29-63(1), (2), (3), (6), (7), (8), (9), or (10) is exempt from the requirements of § 31-29-71.
Source: SL 1986, ch 240, § 2.
31-29-71.5. Municipal signs exempt from permit requirement.
Any sign, display, or device located within the corporate limits of a municipality is exempt from the requirements of § 31-29-71.
Source: SL 1986, ch 240, § 3.
31-29-71.6. Conforming permit.
The department may issue a conforming permit for a sign, display, or device erected within a zoned commercial or industrial area acceptable for outdoor advertising purposes as provided in §§ 31-29-71.8 to 31-29-71.12, inclusive, or within an "unzoned commercial or industrial area" as defined in § 31-29-70 if the sign display or device is otherwise lawfully erected and maintained.
Source: SL 1986, ch 240, § 4.
31-29-71.7. Nonconforming permit.
The department may issue a nonconforming permit for a sign, display, or device lawfully erected and maintained prior to October 1, 1985, within a zoned commercial or industrial area not acceptable for outdoor advertising purposes as provided in §§ 31-29-71.8 to 31-29-71.12, inclusive.
Source: SL 1986, ch 240, § 5.
31-29-71.8. Criteria for outdoor advertising--Zoned commercial adjacent to interstate system outside municipality.
Any zoned commercial or industrial area adjacent to the interstate system that is located within one mile from an interstate interchange with a crossroad that is not part of the interstate system and that is outside an incorporated municipality is acceptable for outdoor advertising purposes if the zone meets the following criteria:
(1) The zone is lawfully enacted by the local governmental unit as part of a comprehensive zoning action. Any zone created primarily to permit outdoor advertising structures is not recognized as lawfully enacted for purposes of this section;
(2) The zone is associated with an interstate highway interchange whose center is within three miles of an incorporated municipality or within one mile of a commercial or industrial activity; and
(3) The zone meets the requirement of either § 31-29-71.9 or 31-29-71.10.
Source: SL 1986, ch 240, § 6; SL 2014, ch 136, § 1.
31-29-71.9. Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with no service road.
Any zoned commercial or industrial area in a quadrant of an interstate interchange which has no service road access within two thousand five hundred feet of the interstate or no existing commercial or industrial activity in that quadrant is acceptable for outdoor advertising purposes to the extent it is within the area beginning at the interstate crossroad and extending five hundred and ten feet beyond the prohibited distance specified in § 31-29-64 and it is within one thousand feet of the interstate centerline.
Source: SL 1986, ch 240, § 7.
31-29-71.10. Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with service road.
Any zoned commercial or industrial area in a quadrant of an interstate interchange which has service road access within two thousand five hundred feet of the interstate or has an existing commercial or industrial activity in that quadrant is acceptable for outdoor advertising purposes to the extent it is within one mile of the crossroad measured from the centerline of the crossroad and within three thousand five hundred feet of the interstate centerline.
Source: SL 1986, ch 240, § 8.
31-29-71.11. Criteria for outdoor advertising--Zoned commercial adjacent to interstate with municipality.
Any zoned commercial or industrial area adjacent to the interstate within an incorporated municipality or further than one mile from an interstate interchange is acceptable for outdoor advertising purposes to the extent it is lawfully enacted by the local governmental unit and it is within the incorporated municipality or within one thousand seven hundred feet of a commercial or industrial activity.
Source: SL 1986, ch 240, § 9.
31-29-71.12. Criteria for outdoor advertising--Zoned commercial adjacent to primary system.
Any zoned commercial or industrial area adjacent to the primary system is acceptable for outdoor advertising purposes to the extent it is lawfully enacted by the local governmental unit and it is within one mile of an incorporated municipality or within one mile of a commercial or industrial activity.
Source: SL 1986, ch 240, § 10.
31-29-71.13. Commercial or industrial activity.
For the purposes of this chapter, a "commercial or industrial activity" is an activity generally recognized as commercial or industrial by zoning authorities in the state except outdoor advertising structures; agricultural use including forestry, ranching, grazing, and farming; wayside and fresh produce stands; transient or temporary activities; activities conducted in a building principally used as a residence; activities more than six hundred sixty feet from the nearest edge of the right-of-way; activities not visible from the main traveled way; and railroad tracks and minor sidings.
Source: SL 1986, ch 240, § 11.
31-29-71.14. Applications for permits--Forms provided.
Any applications for permits provided by § 31-29-71 shall be submitted on forms provided by the department. The department may require, with the application, supporting information such as, but not limited to, proof of ownership or proof of legal erection.
Source: SL 1986, ch 240, § 12.
31-29-72. Acquisition of nonconforming signs--Compensation required--Removal not required unless necessary funds available and compensation paid.
The Department of Transportation may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of signs, displays, and devices made nonconforming by the terms of §§ 31-29-61 to 31-29-83, inclusive, which and insofar as their removal is required by such sections, for all signs, displays, and devices lawfully erected and maintained in this state. Any such removal, by whomever effected, is a taking and appropriation by this state subject to just compensation. Just compensation, in all ways equitably computed and including severance damage, shall be paid, for each such taking and appropriation. Despite any contrary provision in §§ 31-29-61 to 31-29-83, inclusive, or otherwise in law, no outdoor advertising may be required to be removed unless at the time of removal there are sufficient funds, from whatever source, appropriated and immediately available to the state with which to pay the just compensation required under this section, and unless at such time the federal funds required to be contributed to this state under 23 U.S.C. § 131 have also been appropriated and are immediately available to this state. No such sign, display, or device may be removed until just compensation has been fully paid.
Source: SL 1977, ch 246, § 10; SL 1985, ch 236, § 1.
31-29-72.2. Priority in removal of advertising.
The secretary of the Department of Transportation shall establish a priority list to be followed in the removal of outdoor advertising pursuant to this chapter. The removal of directional information in the interest of the traveling public shall be the lowest priority on this list.
Source: SL 1979, ch 202, § 17.
31-29-73. Takings requiring compensation.
Just compensation shall be paid under § 31-29-72 for the following:
(1) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device, and severance damages as provided by § 31-29-72; and
(2) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain signs, displays, and devices thereon; and
(3) The taking from the owners of real property on which the erection and maintenance of such signs, displays, and devices are prohibited by §§ 31-29-61 to 31-29-83, inclusive, of the negative easement so imposed.
Source: SL 1977, ch 246, § 11.
31-29-73.1. Highway fund used to pay for signs removed.
The state highway fund may be used to pay just compensation as required pursuant to § 31-29-72 for outdoor advertising signs removed pursuant to this chapter.
Source: SL 1979, ch 202, § 11; SL 1985, ch 237.
31-29-75. Removal or valuation by amortization schedule prohibited--Owners of signs and property guaranteed just compensation.
No outdoor advertising sign, display, or device may be removed by an amortization schedule, nor may its value be so determined, and the owners thereof and the owners of the real property on which the same are situated shall be guaranteed just compensation, including through condemnation procedures, as provided in §§ 31-29-61 to 31-29-83, inclusive.
Source: SL 1977, ch 246, § 13.
31-29-80.1. Directional sign program.
The transportation commission shall promulgate rules, pursuant to chapter 1-26, to provide for a directional sign program to provide directional information on the right-of-way on the interstate and primary highway system for any business establishment, including any attraction, offering goods and services in the interest of the traveling public. The rules shall be developed in conformance with the manual on uniform traffic control devices and shall address permit application criteria; sign message and types of qualifying services; hours and periods of operation; qualifying distance to services; business sign priority; sign and panel locations and spacing; number and priority of signs per panel; sign and panel composition, size and color requirements; legend requirements; exit ramp sign size, spacing and message content; covering or removal of business signs; and erection and maintenance of signs and panels.
Source: SL 1979, ch 201, § 1; SL 1987, ch 210, § 16; SL 1991, ch 236; SL 2013, ch 133, § 1.
31-29-80.2. Funding of directional sign program.
The Department of Transportation may use federal aid interstate and primary funds and state highway funds to participate in the cost and erection of such signs. The department may also receive and expend money furnished by the firm whose name or logo is displayed on the sign to cover the cost of the business sign. The Transportation Commission may adopt rules pursuant to chapter 1-26 to establish a uniform annual assessment and initial fee to the advertiser to cover the cost of maintaining and erecting such signs. All fees and assessments pursuant to this section shall be credited to the state highway fund.
Source: SL 1979, ch 201, § 2; SL 1987, ch 210, § 17.
31-29-80.3. Standards for directional signs submitted to federal government--Rules.
The secretary of the Department of Transportation shall submit standards to the United States Department of Transportation for allowing off of the right-of-way directional and official signs as authorized pursuant to 23 U.S.C. § 131(c)(1) and 23 CFR, Part 750, Subpart (B). The Transportation Commission shall promulgate rules pursuant to chapter 1-26 to establish criteria and selection methods in conformance with 23 CFR, Part 750, Subpart (B). The rules shall set forth permit application requirements; qualifying directional and official signs; eligibility criteria and standards; sign size, number, location, lighting, and spacing restrictions; sign message content; and erection and maintenance criteria and standards.
Source: SL 1979, ch 201, § 3; SL 1987, ch 210, § 18.
31-29-80.4. Procedure for authorizing directional signs--Compliance with rules.
The secretary of the Department of Transportation shall establish a program whereby an individual who qualifies for the sign authorized pursuant to § 31-29-80.3 may petition for a location and be given clearance to erect a sign that conforms to the national standards for directional and official signs pursuant to 23 CFR, Part 750, Subpart (B). The signs erected pursuant to this section shall be installed and maintained by the owner in compliance with the rules of the Transportation Commission.
Source: SL 1979, ch 201, § 4; SL 1987, ch 210, § 19.
31-29-80.5. Attraction defined.
For the purposes of § 31-29-80.1, the term, attraction, means a business establishment of regional significance with the primary purpose of providing amusement, historical, cultural, or leisure activity to the public and has restroom facilities and drinking water and adequate parking accommodations.
Source: SL 2013, ch 133, § 2.
31-29-82. Repair of sign permitted until actual removal--Maximum expenditure.
A sign, display, or device not required to be removed, or until the time of actual removal, may be used and may be repaired if the expense of ordinary and customary maintenance, does not exceed fifty percent of the depreciated value of the sign or if the same has not been damaged beyond fifty percent of its depreciated value by an act of God.
Source: SL 1977, ch 246, § 14; SL 1979, ch 202, § 14.
31-29-83. Commercial activities in rest areas or information centers prohibited--Exceptions.
Nothing in §§ 31-29-61 to 31-29-83, inclusive, authorizes the state or any political subdivision to operate or maintain, directly or indirectly, any commercial activity in any safety rest area or information center. This section does not apply to any commercial advertising or media display pursuant to § 31-29-59, to a vending facility, vending soft drinks only, operated for the benefit of visually impaired vendors licensed by the Division of Service to the Blind and Visually Impaired or to a vending facility vending newspapers only. The Transportation Commission may promulgate rules pursuant to chapter 1-26 to establish a form upon which a newspaper vendor may apply for the placement of a vending machine; to establish provisions and standards for the location, operation, and maintenance of vending machines so as not to interfere with the use of the rest area or information center by the traveling public; and to maintain the orderly appearance of the vending facility.
Source: SL 1977, ch 246, § 21; SL 1984, ch 211, § 2; SL 1986, ch 237, § 2; SL 1989, ch 21, § 152; SL 2010, ch 145, § 163; SL 2013, ch 129, § 2; SL 2018, ch 169, § 4.
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.
31-30-10. Expenditure of funds for regulation of junk yards.
The department may expend funds for the purposes of regulation and control of junk yards adjacent to the interstate and primary systems in South Dakota from any highway funds under the jurisdiction of the department.
Source: SL 1966, ch 88, § 1; SL 1973, ch 192, § 10; SL 2010, ch 145, § 169.
31-30-11. Agreements with United States.
The department may enter into agreements with the United States secretary of transportation as provided by Title 23, United States Code, relating to the control of junk yards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of any agreement.
Source: SL 1966, ch 86, § 11; SL 2010, ch 145, § 170.
31-30-12. More restrictive regulation not affected.
Nothing in this chapter abrogates or affects the provisions of any lawful ordinance, regulation, or resolution, which is more restrictive than the provisions of this chapter.
Source: SL 1966, ch 86, § 10; SL 2010, ch 145, § 171.
CHAPTER 31-31
WEED REMOVAL ALONG HIGHWAYS
31-31-1 Weed removal on state or county roads.
31-31-2 Weed removal on township roads--Duty of abutting landowner.
31-31-3 Time for weed removal.
31-31-4 Employment of assistance in weed removal.
31-31-5 Failure of abutting landowner to remove weeds--Removal by board of supervisors--Compensation for removal.
31-31-6 Payment for cleanup by landowner or township--Election to determine.
31-31-1. Weed removal on state or county roads.
The Department of Transportation and board of county commissioners of the various counties shall cut or remove, or cause to be cut or removed, grass, weeds, and brush growing within the right-of-way of all public highways within their respective jurisdiction and over which such department and boards exercise control as to repair and maintenance. A violation of this section is a petty offense.
Source: SL 1939, ch 295, § 1; SDC Supp 1960, § 62.0201; SDCL, § 31-31-7; SL 1985, ch 15, § 37.
31-31-2. Weed removal on township roads--Duty of abutting landowner.
The owner or occupant of any land abutting or adjoining upon township roads shall cut, remove, or destroy or cause to be cut, removed, or destroyed, grass, weeds, trees, crops, and brush growing on or in the right-of-way of such roads, provided that such roads are left in such condition that any and all undergrowth thereby or thereon can be cut with a mower. A violation of this section is a petty offense.
Source: SDC 1939, §§ 62.0201, 62.0202; SL 1939, ch 295, § 1; SDCL, § 31-31-7; SL 1992, ch 204, § 1; SL 2022, ch 91, § 1.
31-31-3. Time for weed removal.
Grass, weeds, trees, crops, or brush referred to in §§ 31-31-1 and 31-31-2 must be cut, removed, or destroyed between the first day of September and the first day of October of each year, or between dates annually fixed by the board of supervisors.
Source: SDC 1939, § 62.0201; SL 1939, ch 295, § 1; SL 1983, ch 228, § 1; SL 1992, ch 204, § 2; SL 2022, ch 91, § 2.
31-31-4. Employment of assistance in weed removal.
The Department of Transportation and any board of county commissioners may employ the necessary assistance to carry out the necessary provisions of this chapter or may have the work done by the employees regularly employed by the department or the board. The department and the board may fix the compensation and expenses of persons employed by them for the purpose of carrying out the provisions of this chapter. The department and board may be paid out of any fund or funds available to the department or board for the maintenance and repair of the highway.
Source: SL 1939, ch 295, § 2; SDC Supp 1960, § 62.0202; SL 2010, ch 145, § 174.
31-31-5. Failure of abutting landowner to remove weeds--Removal by board of supervisors--Compensation for removal.
If the owner or occupant of land abutting upon or adjoining township roads does not cut, remove, or destroy, or cause to be cut, removed, or destroyed, the grass, weeds, trees, crops, or brush in the right-of-way of such roads between the first day of September and the first day of October, or between the dates annually fixed by the board, the board of supervisors of the township in which the land is located may employ a person or persons to immediately cut and remove the grass, weeds, trees, crops, and brush on or in the right-of-way of such township roads with compensation at a rate to be fixed and paid by the board.
Source: SDC 1939, § 62.0202; SL 1939, ch 295, § 3; SDC Supp 1960, § 62.0203; SL 1983, ch 228, § 2; SL 1992, ch 204, § 3; SL 2022, ch 91, § 3.
31-31-6. Payment for cleanup by landowner or township--Election to determine.
The voters at each annual township election shall by majority vote determine whether the amount paid for the cleanup of township roads pursuant to 31-31-5 must be paid for by the landowner or the township. If the vote is to have the landowner pay, the amount must be certified by the township clerk to the county auditor not later than November first of the same year. The amount must be extended on the tax list in a separate column headed "Removal or destruction of grass, weeds, crops, and brush on highways" and must become a tax on the land adjoining the highway where the grass, weeds, crops, and brush were cut or removed and must be collected as other taxes. If the vote is to have the township pay, the cost of cutting and removal of grass, weeds, crops, and brush must be paid out of township funds without extending such cutting and removal costs on the tax lists as tax on the land of the adjoining township landowner.
Source: SL 1907, ch 250, § 3; RC 1919, § 10403; SL 1925, ch 301, § 3; SDC 1939, § 62.0203; SL 1939, ch 295, § 3; SL 1984, ch 12, § 37; SL 2022, ch 91, § 4.
CHAPTER 31-32
HIGHWAY OBSTRUCTIONS AND DEFECTS
31-32-1 Intentionally damaging highway or bridge--Felony.
31-32-2 31-32-2, 31-32-3. Repealed by SL 1974, ch 242, § 18
31-32-3.1 Intentional dumping on highway right-of-way prohibited--Violation as misdemeanor.
31-32-3.2 Authorized dumping on highway right-of-way.
31-32-4 Intentional destruction of tollhouse or turnpike gate--Felony.
31-32-5 Placing barbed wire across traveled road without visible obstruction--Petty offense--Civil liability.
31-32-6 Duty to notify where bridge or highway is obstructed.
31-32-7 Destruction, etc., of highway grade or ditch--Violation as misdemeanor.
31-32-8 Civil liability for violating § 31-32-3.1, 31-32-6, or 31-32-7--Attorney fees.
31-32-9 Duty of governing body to remove obstructions or repair--Recovery of expense from wrongdoer--Temporary obstruction for building purposes.
31-32-10 Governing body to place guards on damaged road--Time to erect--Abandoned road--Penalty.
31-32-11 31-32-11. Repealed by SL 1986, ch 4, § 8
31-32-12 Bridges over ditches and canals excepted from notice requirements.
31-32-13 Business requiring use of highway by customers as misdemeanor--Exceptions.
31-32-14 Approved ingress and egress excepted from highway use restriction.
31-32-15 Unlawful use of right-of-way as public nuisance.
31-32-16 Objects likely to fall on highway as public nuisance.
31-32-17 Negotiation with owner for abatement of nuisance.
31-32-18 Failure of owner to abate nuisance--Civil action--Cost charged against owner.
31-32-1. Intentionally damaging highway or bridge--Felony.
Every person who intentionally digs up, removes, displaces, breaks, or otherwise injures or destroys any public highway or bridge, or any private way laid out by authority of law, or bridge upon such way, is guilty of a Class 6 felony.
Source: PenC 1877, § 686; CL 1887, § 6875; RPenC 1903, § 704; RC 1919, § 4308; SDC 1939, § 13.4515.
31-32-3.1. Intentional dumping on highway right-of-way prohibited--Violation as misdemeanor.
No person except as provided in § 31-32-3.2 may intentionally dump any load of any material or cargo on or within the highway right-of-way. A violation of this section is a Class 1 misdemeanor.
Source: SL 1987, ch 212, § 1.
31-32-3.2. Authorized dumping on highway right-of-way.
Any governmental employee or person involved in the construction or maintenance of public highway right-of-way or any person authorized by permit or contract with the governmental entity with jurisdiction over the highway right-of-way may dump a load of highway construction or maintenance materials on or within the highway right-of-way.
Source: SL 1987, ch 212, § 2.
31-32-4. Intentional destruction of tollhouse or turnpike gate--Felony.
Every person who intentionally injures or destroys any tollhouse or turnpike gate is guilty of a Class 6 felony.
Source: PenC 1877, § 688; CL 1887, § 6877; RPenC 1903, § 706; RC 1919, § 4310; SDC 1939, § 13.4517.
31-32-5. Placing barbed wire across traveled road without visible obstruction--Petty offense--Civil liability.
Any person who shall place a barbed wire fence across any traveled road, whether the same be or be not a public highway, without at the same time building an obstruction across said road outside of and not farther away from said fence than two rods, consisting of at least two boards or poles securely fastened to three upright posts, commits a petty offense and is liable to the person injured for all damages sustained.
Source: SL 1890, ch 131; RPenC 1903, § 484; RC 1919, § 3993; SDC 1939, § 13.1623.
31-32-6. Duty to notify where bridge or highway is obstructed.
It shall be the duty of every person who so injures or obstructs any bridge or highway as to render the same unsafe immediately to put up a danger sign and use diligence to notify one or more of the members of the board or commissioners having jurisdiction or supervision over such bridge or highway of such injury or obstruction. A violation of this section is a petty offense.
Source: SL 1917, ch 258, §§ 1, 2; RC 1919, §§ 8587, 8588; SL 1919, ch 223; SDC 1939, §§ 28.0912, 28.9908; SDCL, § 31-32-8.
31-32-7. Destruction, etc., of highway grade or ditch--Violation as misdemeanor.
No unauthorized person may injure any highway by removing, destroying, or otherwise altering the grade constructed for such highway or by filling, obstructing, or otherwise altering the ditch which drains the grade of such highway or otherwise injures such highway in any manner. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, §§ 28.0912, 28.9908; SDCL, § 31-32-8; SL 1988, ch 235.
31-32-8. Civil liability for violating § 31-32-3.1, 31-32-6, or 31-32-7--Attorney fees.
Any person violating the provisions of § 31-32-3.1, 31-32-6, or 31-32-7, in addition to the judgments authorized by those sections, shall also be liable in a civil action to the township, county, municipality, or other public corporation to which the highway, highway right-of-way, or bridge belonged, in the amount as may be recovered against the township, county, municipality, or other public corporation, including a reasonable amount for attorney's fees, on account of the injury or obstruction referred to in § 31-32-3.1, 31-32-6, or 31-32-7.
Source: SL 1917, ch 258, § 2; RC 1919, § 8588; SDC 1939, § 28.9908; SL 2017, ch 126, § 1.
31-32-9. Duty of governing body to remove obstructions or repair--Recovery of expense from wrongdoer--Temporary obstruction for building purposes.
The governing body or board having charge of any street, road, or highway shall cause rock, stone, glass, or other obstruction placed in the street, road, or highway, to be removed, or in the event that the same is flooded by irrigation water, the street, road, or highway shall be repaired. The municipality, township, county, or other public corporation is entitled to recover from any person placing the obstruction in the street, road, or highway, or allowing the water to flow upon the same, the amount necessarily expended in the removal or repair, including a reasonable amount for attorney's fees, and the action may be commenced in any court in the county having jurisdiction. This section does not apply to the placing of rock or stone in the streets, roads, or highways temporarily for building purposes.
Source: SDC 1939, § 28.0915; SL 1992, ch 60, § 2; SL 2017, ch 126, § 2.
31-32-10. Governing body to place guards on damaged road--Time to erect--Abandoned road--Penalty.
If any highway, culvert, or bridge is damaged by flood, fire or other cause, to the extent that it endangers the safety of public travel, the governing body responsible for the maintenance of such highway, culvert, or bridge, shall within forty-eight hours of receiving notice of such danger, erect guards over such defect or across such highway of sufficient height, width, and strength to guard the public from accident or injury and shall repair the damage or provide an alternative means of crossing within a reasonable time after receiving notice of the danger. The governing body shall erect a similar guard across any abandoned public highway, culvert, or bridge. Any officer who violates any of the provisions of this section commits a petty offense.
Source: SDC 1939, §§ 28.0913, 28.9910; SL 1951, ch 140; SL 1990, ch 227.
31-32-12. Bridges over ditches and canals excepted from notice requirements.
Nothing in § 31-32-10 may be construed as imposing any liability upon the county for any injury sustained by reason of any violation of § 46-8-16 relating to bridges over ditches and canals.
Source: SDC 1939, § 28.0913 as added by SL 1951, ch 140; SL 2021, ch 128, § 9.
31-32-13. Business requiring use of highway by customers as misdemeanor--Exceptions.
It is a Class 2 misdemeanor for any person to conduct an establishment or maintain a business the nature of which requires the use by patrons or customers of any part of the right-of-way of a state trunk highway while the patron or customer is receiving or discharging any merchandise or commodity at the place of business. This section does not apply to streets within the limits of municipalities which are under the control and regulation of the municipality. This section does not apply to a vending facility allowed pursuant to § 31-29-83.
Source: SL 1941, ch 137; SDC Supp 1960, § 28.0916; SL 1984, ch 211, § 3; SL 1986, ch 237, § 3; SL 1989, ch 21, § 153; SL 2010, ch 145, § 175; SL 2013, ch 129, § 3.
31-32-14. Approved ingress and egress excepted from highway use restriction.
The provisions of § 31-32-13 do not, in any way, interfere with the rights of any person to use such means of ingress or egress to a place of business as are approved as to safety and design by the Department of Transportation and as are reasonably useful for the business conducted by the person on privately owned property.
Source: SL 1941, ch 137; SDC Supp 1960, § 28.0916; SL 2010, ch 145, § 176.
31-32-15. Unlawful use of right-of-way as public nuisance.
The conducting of an establishment or maintaining of a business in violation of § 31-32-13 constitutes a public nuisance and the department may bring an action to abate the nuisance or may fence the right-of-way of the state trunk highway to prevent the unlawful use.
Source: SL 1941, ch 137; SDC Supp 1960, § 28.0916; SL 2010, ch 145, § 177.
31-32-16. Objects likely to fall on highway as public nuisance.
Any tree, structure, or other object, that, because of its location and because of its age, infirmity, angle of stance, or other condition, is likely to fall, in whole or in part, upon any public highway within the State of South Dakota, so that any person using the highway at the time of the fall might be injured thereby, is a public nuisance against which the remedies prescribed by § 21-10-5 may be employed.
Source: SL 1945, ch 123, § 1; SDC Supp 1960, § 28.0917; SL 2010, ch 145, § 178.
31-32-17. Negotiation with owner for abatement of nuisance.
If it appears to the satisfaction of any department, board, or governing body charged with the duty of the maintenance of any highway in this state, that a nuisance as defined by § 31-32-16 exists along any highway in respect to which highway the department, board, or governing body has the duty of maintaining, the department, board, or governing body shall negotiate with the owner of the property on which the nuisance exists for the voluntary abatement of the nuisance.
Source: SL 1945, ch 123, § 2; SDC Supp 1960, § 28.0917; SL 2010, ch 145, § 179.
31-32-18. Failure of owner to abate nuisance--Civil action--Cost charged against owner.
If the owner of the property referred to in § 31-32-17 or of the nuisance refuses or fails to voluntarily abate the nuisance within a reasonable time, the department, board, or governing body, shall bring a civil action on behalf of the public, in the proper court, to abate the nuisance. If abatement is ordered in the suit, the cost of the action shall be charged against the owner of the land on which the nuisance was maintained and against whom the action in abatement was brought.
Source: SL 1945, ch 123, § 2; SDC Supp 1960, § 28.0917; SL 2010, ch 145, § 180.
31-33-1
"Arterial street" defined.
31-33-2
Requirement for establishment of arterial street system.
31-33-3
Trunk highway system not included in arterial street system--Total mileage limitation.
31-33-4
Legislative intent--Joint planning between first or second class municipality, county and
state officials--Integrated system of state highways and arterial streets.
31-33-5
Adoption of arterial street system by governing body--Recording with Department of
Transportation.
31-33-6
Filing map and description of system in county and city auditor's offices and city engineer's
office.
31-33-7
Additions, relocations, or deletions from arterial street system.
31-33-8
Additions--Total mileage limitation and recording requirements applicable.
31-33-9
Relocations or deletions--Notice and hearing--Recording requirement applicable.
31-33-10
Jurisdiction and supervision of construction, improvement and marking of system--Agreements for participation in federal or state programs.
31-33-1. "Arterial street" defined.
For the purposes of this chapter unless the context otherwise requires, the term, arterial street, shall mean any street or highway designated by local authorities to serve primarily through traffic on continuous routes and major connecting streets or highways thereto within their respective jurisdictions.
Source: SL 1969, ch 117, § 1.
31-33-2. Requirement for establishment of arterial street system.
An arterial street system shall be designated by the governing body of each municipality of this state having a population of five thousand or more according to the last federal census, provided, however, that any municipality of the state with less than five thousand population may also establish an arterial street system should said municipality find such action advantageous in planning, constructing, maintaining, and administrating the highways and streets under its jurisdiction.
Source: SL 1969, ch 117, § 2.
31-33-3. Trunk highway system not included in arterial street system--Total mileage limitation.
The arterial street system of any municipality shall not include any sections of the state trunk highway system and shall not exceed in total mileage more than twenty-five percent of the total road and street mileage that is open to public travel within the area administered by said governing body.
Source: SL 1969, ch 117, § 3.
31-33-4. Legislative intent--Joint planning between first or second class municipality, county and state officials--Integrated system of state highways and arterial streets.
It is hereby declared to be the intention of the Legislature to provide that to the greatest extent possible an arterial street system, as provided for in this chapter, shall be planned as a joint venture between first or second class municipality, county and state officials to assure maximum contribution to the total municipal and community environment with consideration given to safety, convenience to the user, present and future traffic needs and the capacity of the municipality or cooperating agencies or both to develop and maintain said system, and further arterial streets should, when combined with the state trunk system, become an integrated system of highways and streets.
Source: SL 1969, ch 117, § 8; SL 1992, ch 60, § 2.
31-33-5. Adoption of arterial street system by governing body--Recording with Department of Transportation.
Each municipal governing body shall after due deliberation and consultation with county and state officials regarding the selection of the roads and streets that are to constitute its arterial street system take the necessary action to adopt said system and shall forward a certified copy of such action together with a map showing the arterials and a description of same to the Department of Transportation to be recorded.
The roads and streets as recorded by the Department of Transportation shall for all purposes be known as the arterial street system of that municipality.
Source: SL 1969, ch 117, § 4.
31-33-6. Filing map and description of system in county and city auditor's offices and city engineer's office.
The governing body of each municipality designating an arterial street system shall in addition to filing map and description of said system with the Department of Transportation cause certified copy of said map and description to be filed in the Office of the Auditor or auditors of the county or counties wherein the municipality is located and in the city auditor's and city engineer's office.
Source: SL 1969, ch 117, § 7.
31-33-7. Additions, relocations, or deletions from arterial street system.
Any municipality's arterial street system may be added to, relocated, or have sections deleted as provided in §§ 31-33-8 and 31-33-9.
Source: SL 1969, ch 117, § 5.
31-33-8. Additions--Total mileage limitation and recording requirements applicable.
Additions to the system may be made by action of the local governing agency provided the twenty-five percent limitation is not violated and that an updated map and description accompany the request to the Department of Transportation for recording.
Source: SL 1969, ch 117, § 5 (1).
31-33-9. Relocations or deletions--Notice and hearing--Recording requirement applicable.
When a section or sections of the arterial street system are to be relocated or deleted, the governing body shall submit such change including a map and descriptive material to the Department of Transportation for the purpose of recording such change, provided however, that prior to the submission of such plan for relocation or deletion, such governing body shall cause to be held a public hearing, such hearing to be properly advertised in the city's official newspaper or papers, such notice of hearing to contain ample detail of the contemplated relocation or deletion and an invitation for interested citizens to be heard. The governing body of the municipality shall make the final decision following said hearing.
Source: SL 1969, ch 117, § 5 (2).
31-33-10. Jurisdiction and supervision of construction, improvement and marking of system--Agreements for participation in federal or state programs.
All construction, improvement, repair, maintenance, and marking of the arterial street system shall be under the jurisdiction and supervision of the municipality's governing body provided that said governing body may enter into agreements or contracts with the board of county commissioners or the Department of Transportation to facilitate participation in federal or state highway programs.
Source: SL 1969, ch 117, § 6.
CHAPTER 31-34
RURAL ACCESS INFRASTRUCTURE
31-34-1 Definition.
31-34-2 Money distribution by state--Inventory--Grants.
31-34-3 Distribution of moneys by county--Permissible uses--Use of unobligated moneys.
31-34-4 Application process.
31-34-5 Criteria for award--Application resubmission.
31-34-6 Township eligibility--Plan and annual report--Tax requirement.
31-34-7 Township eligibility--Contents of plan--Updates.
31-34-8 County use of funds conditioned.
31-34-1. Definition.
For the purposes of this chapter, the term, small structure, means any small bridge or culvert with an opening of sixteen square feet or more located on a township road or county secondary road, excluding bridges as defined in § 31-14-1.
Source: SL 2021, ch 129, § 1, eff. Mar. 25, 2021.
31-34-2. Money distribution by state--Inventory--Grants.
Before August 1, 2021, the Department of Revenue shall distribute the sum of three million dollars on a pro rata basis to each county for the purpose of planning and completing an inventory of small structures as prescribed by the Department of Transportation. Before August 1, 2022, the Department of Revenue shall distribute a portion of the sum of three million dollars to each county based on the allocation calculated in accordance with this section for the purposes described in § 31-34-3. Each county's allocated percentage is calculated by using the total number of small structures on township roads and county secondary roads located in a county divided by the sum of all small structures on township roads and county secondary roads in the state as reported to the Department of Transportation, multiplied by one hundred. Each county that receives moneys from this rural access infrastructure program shall use the moneys in accordance with the provisions of this chapter.
Source: SL 2021, ch 129, § 2, eff. Mar. 25, 2021; SL 2022, ch 92, § 1.
31-34-3. Distribution of moneys by county--Permissible uses--Use of unobligated moneys.
Each county shall establish a rural access infrastructure fund for the deposit of moneys received pursuant to this chapter. The board of county commissioners may only distribute fund moneys for the following expenses:
(1) Engineering, hydrological studies, planning, materials, and other costs as necessary to plan for and complete the projects;
(2) Construction, rehabilitation, or replacement of small structures located in townships complying with the requirements of this chapter;
(3) Construction, rehabilitation, or replacement of small structures described in a county highway and bridge improvement plan that are located on county secondary highways.
The moneys may not be used on a no maintenance road.
Moneys received under this chapter must be obligated or spent by the county before the end of the 2029 fiscal year. All other unobligated or unspent moneys may be used for expenses until reverted pursuant to § 4-8-21. Moneys may only be used for the expenses of those small structures inventoried with the department, as referenced in § 31-34-2.
Source: SL 2021, ch 129, § 3, eff. Mar. 25, 2021; SL 2022, ch 92, § 2; SL 2024, ch 105, § 1; SL 2024, ch 106, § 1.
31-34-4. Application process.
Applications for use of moneys allocated to a fund pursuant to this chapter must be submitted to the board of county commissioners on or before October thirty-first on forms prescribed by the association of county commissioners. The board of county commissioners shall award the moneys no later than the immediately following January fifteenth.
Applications from townships must be accompanied by a resolution approved by the township board of supervisors authorizing the application and any funding commitments made by the township. The township or county share is a minimum of twenty percent of the sum necessary to complete the project.
Applications for county secondary highways must be submitted by the county highway superintendent.
If a county declares a disaster, the deadline by which an application must be submitted is waived, provided that the application meets the other requirements of this section.
Source: SL 2021, ch 129, § 4, eff. Mar. 25, 2021; SL 2022, ch 92, § 3; SL 2023, ch 97, § 1.
31-34-5. Criteria for award--Application resubmission.
The board of county commissioners shall, at a minimum, consider the following criteria in awarding rural access infrastructure grants:
(1) Traffic use of the highway;
(2) Public safety;
(3) Residential, commercial, recreational, and other uses of the highway;
(4) Cost of the project;
(5) Length of detour if the project is not completed;
(6) Number of residences, farms, and ranches served by the project;
(7) Contribution from the township or others to the project and the ability of the township to fund the project without utilizing the rural access infrastructure fund;
(8) Confirmation the project is not located on a no maintenance road;
(9) Hydrological impact;
(10) If the highway does not terminate into a field entrance, driveway, single residence, farm, or ranch;
(11) The application, or group of applications, that best serves the citizens of this state; and
(12) Any other matters deemed applicable by the board of county commissioners.
The decisions of the county commissioners must be final and nonappealable. However, a denied application may be submitted in a subsequent year.
Source: SL 2021, ch 129, § 5, eff. Mar. 25, 2021; SL 2024, ch 106, § 2.
31-34-6. Township eligibility--Plan and annual report--Tax requirement.
A requesting township shall timely file the township small structure improvement plan, pursuant to § 31-34-7, with the county highway superintendent and an annual report, pursuant to § 8-10-30, in order to be eligible for the funds. Any township requesting use of rural access infrastructure moneys pursuant to this chapter shall meet at least one of the following requirements:
(1) Impose an annual property tax levy, pursuant to § 10-12-28.2; or
(2) Impose a tax levy opt out pursuant to § 10-13-36.
Source: SL 2021, ch 129, § 6, eff. Mar. 25, 2021; SL 2022, ch 92, § 4; SL 2023, ch 97, § 2.
31-34-7. Township eligibility--Contents of plan--Updates.
To be eligible to receive funding from the rural access infrastructure fund established under this chapter, a township shall, each year by August thirty-first, submit to the county that township is located in, a township small structure improvement plan and any updates shall be made in accordance with this section. The township small structure improvement plan shall include:
(1) One or more maps showing the location of all small structures within the township;
(2) The location, width, and length of each small structure;
(3) A report on the condition of each small structure;
(4) Whether the small structure is posted for load capacity, and if so, what the posted limits are;
(5) A list of all small structure improvement projects proposed to be undertaken by the township over the next five years including the location of the project, type of project, source of funding for the project, estimated cost of the project, and the year the project is proposed to be completed; and
(6) Such additional items as may be prescribed by the Department of Transportation.
Source: SL 2021, ch 129, § 7, eff. Mar. 25, 2021; SL 2022, ch 92, § 5.
31-34-8. County use of funds conditioned.
The county commission may use rural access infrastructure funds for the construction, rehabilitation, or replacement of small structures on county secondary highways so long as such projects are considered in a similar manner as the small structures that are located within an organized township.
Source: SL 2021, ch 129, § 8, eff. Mar. 25, 2021.