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 Repealed by SL 1979, ch 202, § 20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 Repealed by SL 2010, ch 145, § 150.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 Repealed by SL 1979, ch 202, § 20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 Repealed by SL 2010, ch 145, § 153.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 Repealed by SL 1977, ch 246, § 22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 Repealed by SL 1979, ch 202, § 20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 Repealed by SL 1973, ch 192, § 16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 Repealed by SL 1979, ch 202, § 20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 Repealed by SL 1973, ch 192, § 16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 Repealed by SL 1979, ch 202, § 20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 Repealed by SL 1976, ch 20, § 14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 Repealed by SL 1979, ch 202, § 20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 Repealed by SL 1973, ch 192, § 16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 Repealed by SL 1977, ch 246, § 22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 Repealed by SL 1973, ch 192, § 16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 Repealed by SL 1977, ch 246, § 22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.
