S.D. Codified Laws § 31-13-25 — SD Code / Title 31 / Chapter 13 / Section 31-13-25
Purposes of snow removal reserve fund
Status: in_force

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.
S.D. Codified Laws § 31-29-60 — SD Code / Title 31 / Chapter 29 / Section 31-29-60
Compensation for removal of nonconforming signs--Federal contributions
Status: in_force

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.
S.D. Codified Laws § 31-13-30 — SD Code / Title 31 / Chapter 13 / Section 31-13-30
Street improvements in unincorporated towns
Status: in_force

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.
S.D. Codified Laws § 31-30-10 — SD Code / Title 31 / Chapter 30 / Section 31-30-10
Expenditure of funds for regulation of junk yards
Status: in_force

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.
S.D. Codified Laws § 31-10-7 — SD Code / Title 31 / Chapter 10 / Section 31-10-7
Highway funds used for boundary line bridge
Status: in_force

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.
S.D. Codified Laws § 31-13-12 — SD Code / Title 31 / Chapter 13 / Section 31-13-12
County aid roads--Designation by county commissioners
Status: in_force

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.
S.D. Codified Laws § 31-25-4 — SD Code / Title 31 / Chapter 25 / Section 31-25-4
Livestock guards across county or secondary highways authorized--Guards not considered highway obstruction
Status: in_force

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, § 28.09 10-1 .
S.D. Codified Laws § 31-26-3 — SD Code / Title 31 / Chapter 26 / Section 31-26-3
Location of poles, fixtures or underground cable--Appeal to commission and circuit court--Procedure
Status: in_force

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.
S.D. Codified Laws § 31-2-22 — SD Code / Title 31 / Chapter 2 / Section 31-2-22
Advice at county's request on maintaining its highway system
Status: in_force

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.
S.D. Codified Laws § 31-29-82 — SD Code / Title 31 / Chapter 29 / Section 31-29-82
Repair of sign permitted until actual removal--Maximum expenditure
Status: in_force

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.
S.D. Codified Laws § 31-5-10.3 — SD Code / Title 31 / Chapter 5 / Section 31-5-10.3
Emergency procurement
Status: in_force

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.
S.D. Codified Laws § 31-4-176 — SD Code / Title 31 / Chapter 4 / Section 31-4-176
State Highway 73 from Nebraska to North Dakota
Status: in_force

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.
S.D. Codified Laws § 31-27-5 — SD Code / Title 31 / Chapter 27 / Section 31-27-5
Expense of eliminating crossings
Status: in_force

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.
S.D. Codified Laws § 31-4-232 — SD Code / Title 31 / Chapter 4 / Section 31-4-232
State Highway 314 from State Highway 50 to Yankton
Status: in_force

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.
S.D. Codified Laws § 31-13-17 — SD Code / Title 31 / Chapter 13 / Section 31-13-17
Road district improvement--Hearing--Assessment
Status: in_force

The board of supervisors shall consider the petition at the time of the hearing pursuant to § 31-13-16 . The supervisors may, by resolution, assess the properties in the road district for the purpose of road improvement for an amount as the supervisors determine advisable. The assessment may not exceed the amount set forth in the petition. The assessment must be certified to the county and collected as a part of the real estate taxes against the property so assessed pursuant to § 31-13-52 . The assessment may only be used by the township for the purpose of road improvement in the road district, or part thereof, assessed.

Source: SDC 1939, § 58.0201 (10) as added by SL 1965, ch 297; SL 1973, ch 191, § 2; SL 2013, ch 132, § 3; SL 2025, ch 113, § 1.
S.D. Codified Laws § 31-8-7 — SD Code / Title 31 / Chapter 8 / Section 31-8-7
Manner of acquiring property or property rights
Status: in_force

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.
S.D. Codified Laws § 31-32-16 — SD Code / Title 31 / Chapter 32 / Section 31-32-16
Objects likely to fall on highway as public nuisance
Status: in_force

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.
S.D. Codified Laws § 31-13-51 — SD Code / Title 31 / Chapter 13 / Section 31-13-51
Road maintenance and repairs--Annual front foot assessment
Status: in_force

The township board of supervisors or, if a township 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, repairing, or repaving a street surface or non-section line road, whether of a permanent type or not, a special front foot assessment per front foot upon the real property fronting and abutting the roadway. The assessment must be:

(1) Apportioned on a front foot basis;

(2) In an amount set by the board of supervisors, or the board of commissioners if the township is no longer organized, at the annual meeting of the township; and

(3) 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 must 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; SL 2025, ch 113, § 2.
S.D. Codified Laws § 31-12-5 — SD Code / Title 31 / Chapter 12 / Section 31-12-5
Supervision of construction, improvement, maintenance, and repair of system
Status: in_force

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.
S.D. Codified Laws § 31-13-27 — SD Code / Title 31 / Chapter 13 / Section 31-13-27
Snow removal contracts--Bidding
Status: in_force

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.
S.D. Codified Laws § 31-21-4 — SD Code / Title 31 / Chapter 21 / Section 31-21-4
Return of service--Nonresident landowners--Publication of notice--Posting of notice--Time of publication or posting
Status: in_force

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.
S.D. Codified Laws § 31-10-16 — SD Code / Title 31 / Chapter 10 / Section 31-10-16
Agreements with adjoining state to share operational cost
Status: in_force

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.
S.D. Codified Laws § 31-26-23 — SD Code / Title 31 / Chapter 26 / Section 31-26-23
Relocation or removal of electrical lines, communication lines, and pipelines--Procedural requirements
Status: in_force

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.
S.D. Codified Laws § 31-13-57 — SD Code / Title 31 / Chapter 13 / Section 31-13-57
Private landowner assessed for erosion repair costs
Status: in_force

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.
S.D. Codified Laws § 31-21-5 — SD Code / Title 31 / Chapter 21 / Section 31-21-5
Examination of land--Hearing reasons for and against ditch--Decision--Assessment of damages in favor of landowner
Status: in_force

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.
S.D. Codified Laws § 31-4-215 — SD Code / Title 31 / Chapter 4 / Section 31-4-215
State Highway 239 from State Highway 10 to Long Lake
Status: in_force

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.
S.D. Codified Laws § 31-10-11 — SD Code / Title 31 / Chapter 10 / Section 31-10-11
Contract for purchase by department--Prior appraisal
Status: in_force

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.
S.D. Codified Laws § 31-2-35 — SD Code / Title 31 / Chapter 2 / Section 31-2-35
Hearing and determination of action against state--Right of appeal
Status: in_force

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.
S.D. Codified Laws § 31-17-13 — SD Code / Title 31 / Chapter 17 / Section 31-17-13
Township boundary line highways--Complaint and answer in action to require contribution
Status: in_force

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.
S.D. Codified Laws § 31-13-42 — SD Code / Title 31 / Chapter 13 / Section 31-13-42
Apportionment of benefits of improvement
Status: in_force

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.
S.D. Codified Laws § 31-19-28 — SD Code / Title 31 / Chapter 19 / Section 31-19-28
Court deposit of money required for taking--Expediting distribution of money
Status: in_force

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.
S.D. Codified Laws § 31-8-9 — SD Code / Title 31 / Chapter 8 / Section 31-8-9
Precedence of condemnation cases
Status: in_force

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.
S.D. Codified Laws § 31-34-2 — SD Code / Title 31 / Chapter 34 / Section 31-34-2
Moneys distributed--Inventory--County funds--Calculation
Status: in_force

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. For any moneys appropriated for county rural access infrastructure, the Department of Revenue shall deposit a portion of the sum into a rural access infrastructure fund for 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; SL 2026, ch 126, § 1, eff. Mar. 12, 2026.
S.D. Codified Laws § 31-12A-16 — SD Code / Title 31 / Chapter 12A / Section 31-12A-16
Election of trustees at large--Terms of office--Annual elections
Status: in_force

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.
S.D. Codified Laws § 31-14-14 — SD Code / Title 31 / Chapter 14 / Section 31-14-14
Award to next lowest bidder or rebidding contract when successful bidder fails to enter into contract
Status: in_force

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.
S.D. Codified Laws § 31-13-36 — SD Code / Title 31 / Chapter 13 / Section 31-13-36
Township assumption of cost--Referendum
Status: in_force

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.
S.D. Codified Laws § 31-4-15.2 — SD Code / Title 31 / Chapter 4 / Section 31-4-15.2
Fishing from bridge--Signs
Status: in_force

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.
S.D. Codified Laws § 31-26-9 — SD Code / Title 31 / Chapter 26 / Section 31-26-9
Noncompliance with requirements as petty offense
Status: in_force

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.
S.D. Codified Laws § 31-8-5 — SD Code / Title 31 / Chapter 8 / Section 31-8-5
Design--Separate roadways, markers
Status: in_force

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.
S.D. Codified Laws § 31-2-20.1 — SD Code / Title 31 / Chapter 2 / Section 31-2-20.1
Performance standards to measure overall condition of highways and bridges--Goals for maintenance
Status: in_force

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.
S.D. Codified Laws § 31-19-49 — SD Code / Title 31 / Chapter 19 / Section 31-19-49
Financial assistance to persons displaced by highway acquisition
Status: in_force

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.
S.D. Codified Laws § 31-5-19 — SD Code / Title 31 / Chapter 5 / Section 31-5-19
Historic and prehistoric remains of state--Contract for preservation
Status: in_force

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.
S.D. Codified Laws § 31-33-4 — SD Code / Title 31 / Chapter 33 / Section 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
Status: in_force

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.
S.D. Codified Laws § 31-4-14.6 — SD Code / Title 31 / Chapter 4 / Section 31-4-14.6
Signs required on minimum maintenance roads--Travel at driver's risk--Sign as evidence of adequate notice
Status: in_force

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.
S.D. Codified Laws § 31-32-9 — SD Code / Title 31 / Chapter 32 / Section 31-32-9
Duty of governing body to remove obstructions or repair--Recovery of expense from wrongdoer--Temporary obstruction for building purposes
Status: in_force

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.
S.D. Codified Laws § 31-4-159 — SD Code / Title 31 / Chapter 4 / Section 31-4-159
State Highway 38 from Interstate Highway 90 Business Loop in Mitchell to Marion Road in Sioux Falls
Status: in_force

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.
S.D. Codified Laws § 31-4-132 — SD Code / Title 31 / Chapter 4 / Section 31-4-132
U.S. Highway 12 from North Dakota to Minnesota
Status: in_force

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.
S.D. Codified Laws § 31-28-23.1 — SD Code / Title 31 / Chapter 28 / Section 31-28-23.1
Civil penalty for tampering, removing, or interfering with highway marker, sign, or control device
Status: in_force

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.
S.D. Codified Laws § 31-5-1 — SD Code / Title 31 / Chapter 5 / Section 31-5-1
Duty of department to maintain and repair state highways
Status: in_force

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.
S.D. Codified Laws § 31-26-14 — SD Code / Title 31 / Chapter 26 / Section 31-26-14
Action by board--Period of delay
Status: in_force

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.
S.D. Codified Laws § 31-25-12 — SD Code / Title 31 / Chapter 25 / Section 31-25-12
Cost of signs
Status: in_force

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.
S.D. Codified Laws § 31-31-3 — SD Code / Title 31 / Chapter 31 / Section 31-31-3
Time for weed removal
Status: in_force

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.
S.D. Codified Laws § 31-3-23 — SD Code / Title 31 / Chapter 3 / Section 31-3-23
Proceedings on short highway without usual number of petitioners--Payment of damages
Status: in_force

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.
S.D. Codified Laws § 31-28-17 — SD Code / Title 31 / Chapter 28 / Section 31-28-17
Hazardous intersections--Railroad crossings--Warning signs--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 31-13-28 — SD Code / Title 31 / Chapter 13 / Section 31-13-28
Accumulation of unexpended money as snow removal moneys
Status: in_force

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.
S.D. Codified Laws § 31-28-7.2 — SD Code / Title 31 / Chapter 28 / Section 31-28-7.2
Notice of nonoperational track becoming operational
Status: in_force

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.
S.D. Codified Laws § 31-17-7 — SD Code / Title 31 / Chapter 17 / Section 31-17-7
Boundary line highways between organized townships--Equal contribution by townships required unless mutual agreement reached
Status: in_force

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.
S.D. Codified Laws § 31-28-2 — SD Code / Title 31 / Chapter 28 / Section 31-28-2
Directional signs at highway branches
Status: in_force

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.
S.D. Codified Laws § 31-13-15 — SD Code / Title 31 / Chapter 13 / Section 31-13-15
Road districts
Status: in_force

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.
S.D. Codified Laws § 31-29-2 — SD Code / Title 31 / Chapter 29 / Section 31-29-2
Obstruction of highway or to vision--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 31-3-6.1 — SD Code / Title 31 / Chapter 3 / Section 31-3-6.1
Access to public lands or public waters
Status: in_force

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.
S.D. Codified Laws § 31-4-220 — SD Code / Title 31 / Chapter 4 / Section 31-4-220
State Highway 248 from State Highway 240 to Interstate Highway 90
Status: in_force

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.
S.D. Codified Laws § 31-12A-31 — SD Code / Title 31 / Chapter 12A / Section 31-12A-31
Resolution declaring consolidated road district
Status: in_force

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.
S.D. Codified Laws § 31-25-8 — SD Code / Title 31 / Chapter 25 / Section 31-25-8
Appeal upon failure of governing body to act on request for authorization
Status: in_force

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, § 28.09 10-3 .
S.D. Codified Laws § 31-21-8 — SD Code / Title 31 / Chapter 21 / Section 31-21-8
Payment to landowner before opening of ditch
Status: in_force

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.
S.D. Codified Laws § 31-2-14.2 — SD Code / Title 31 / Chapter 2 / Section 31-2-14.2
Use of state highway fund
Status: in_force

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.
S.D. Codified Laws § 31-31-6 — SD Code / Title 31 / Chapter 31 / Section 31-31-6
Payment for cleanup by landowner or township--Election to determine
Status: in_force

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.
S.D. Codified Laws § 31-13-39 — SD Code / Title 31 / Chapter 13 / Section 31-13-39
Notice by mail to property owners--Contents--Address to which sent
Status: in_force

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.
S.D. Codified Laws § 31-12A-13 — SD Code / Title 31 / Chapter 12A / Section 31-12A-13
Expenditure of county funds authorized for application and election costs--Expenditure of transportation department funds allocated to county
Status: in_force

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.
S.D. Codified Laws § 31-4-217 — SD Code / Title 31 / Chapter 4 / Section 31-4-217
State Highway 244 from U.S. Highway 16 to Mount Rushmore National Monument
Status: in_force

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.
S.D. Codified Laws § 31-14-39 — SD Code / Title 31 / Chapter 14 / Section 31-14-39
County line bridges--Petition and agreement for sharing costs in absence of prior apportionment contract
Status: in_force

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.
S.D. Codified Laws § 31-29-71.8 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.8
Criteria for outdoor advertising--Zoned commercial adjacent to interstate system outside municipality
Status: in_force

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.
S.D. Codified Laws § 31-29-63.3 — SD Code / Title 31 / Chapter 29 / Section 31-29-63.3
"Available for lease" and public service messages
Status: in_force

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.
S.D. Codified Laws § 31-13-10 — SD Code / Title 31 / Chapter 13 / Section 31-13-10
Township highway tax
Status: in_force

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.
S.D. Codified Laws § 31-8-15.2 — SD Code / Title 31 / Chapter 8 / Section 31-8-15.2
When recovery vehicle not to cross median of divided highway--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 31-14-26 — SD Code / Title 31 / Chapter 14 / Section 31-14-26
Insufficient funds to pay emergency contract--Issuance of emergency warrants
Status: in_force

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.
S.D. Codified Laws § 31-28-10.2 — SD Code / Title 31 / Chapter 28 / Section 31-28-10.2
Safety as prime consideration in supplemental guide signs--Traffic generating capacity secondary
Status: in_force

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.
S.D. Codified Laws § 31-10-6 — SD Code / Title 31 / Chapter 10 / Section 31-10-6
Acquisition or construction of bridge--Adjoining state to furnish proportionate share
Status: in_force

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.
S.D. Codified Laws § 31-27-2.1 — SD Code / Title 31 / Chapter 27 / Section 31-27-2.1
Railroad responsibility for crossing maintenance after abandonment of right-of-way--Transfer of responsibility
Status: in_force

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.
S.D. Codified Laws § 31-20-10 — SD Code / Title 31 / Chapter 20 / Section 31-20-10
Deed by county--Proper officials
Status: in_force

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.
S.D. Codified Laws § 31-19-38 — SD Code / Title 31 / Chapter 19 / Section 31-19-38
Appeal as not delaying proceeding
Status: in_force

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.
S.D. Codified Laws § 31-13-1.3 — SD Code / Title 31 / Chapter 13 / Section 31-13-1.3
Designation of full and minimum maintenance roads at annual meeting--Map
Status: in_force

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.
S.D. Codified Laws § 31-4-199 — SD Code / Title 31 / Chapter 4 / Section 31-4-199
State Highway 153 from State Highway 52 to State Highway 50
Status: in_force

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.
S.D. Codified Laws § 31-26-7 — SD Code / Title 31 / Chapter 26 / Section 31-26-7
Telephone lines--Compliance with other statutes
Status: in_force

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.
S.D. Codified Laws § 31-12A-28 — SD Code / Title 31 / Chapter 12A / Section 31-12A-28
Dissolution of road district by trustees
Status: in_force

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.
S.D. Codified Laws § 31-2-19 — SD Code / Title 31 / Chapter 2 / Section 31-2-19
Construction and improvement of roads--Location of material--Public meetings
Status: in_force

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.
S.D. Codified Laws § 31-30-1 — SD Code / Title 31 / Chapter 30 / Section 31-30-1
Regulation of junk yards adjacent to interstate and primary highways--Nonconforming junk yards as public nuisances
Status: in_force

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.
S.D. Codified Laws § 31-25-6 — SD Code / Title 31 / Chapter 25 / Section 31-25-6
Authority of governing body required--Removal of livestock guard on order of governing body
Status: in_force

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, § 28.09 10-1 .
S.D. Codified Laws § 31-29-71 — SD Code / Title 31 / Chapter 29 / Section 31-29-71
Permit required to maintain sign--Sign without permit as nuisance--Abatement
Status: in_force

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.
S.D. Codified Laws § 31-12-44 — SD Code / Title 31 / Chapter 12 / Section 31-12-44
Repairs for wind and water erosion assessed to private landowner
Status: in_force

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.
S.D. Codified Laws § 31-2-13.2 — SD Code / Title 31 / Chapter 2 / Section 31-2-13.2
State highway fund--Use and expenditure of moneys--Purpose
Status: in_force

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.
S.D. Codified Laws § 31-29-13 — SD Code / Title 31 / Chapter 29 / Section 31-29-13
Interest in land acquired--Acquisition by gift, purchase, exchange, or condemnation
Status: in_force

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.
S.D. Codified Laws § 31-32-15 — SD Code / Title 31 / Chapter 32 / Section 31-32-15
Unlawful use of right-of-way as public nuisance
Status: in_force

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.
S.D. Codified Laws § 31-13-2 — SD Code / Title 31 / Chapter 13 / Section 31-13-2
Designation of board member as overseer--Compensation
Status: in_force

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.
S.D. Codified Laws § 31-26-19 — SD Code / Title 31 / Chapter 26 / Section 31-26-19
Minimum height of utility lines--Liability for damage to lines below minimum height
Status: in_force

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.
S.D. Codified Laws § 31-26-1 — SD Code / Title 31 / Chapter 26 / Section 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
Status: in_force

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.
S.D. Codified Laws § 31-19-41.1 — SD Code / Title 31 / Chapter 19 / Section 31-19-41.1
Uneconomic remnant from land acquisition by county or first or second class municipality
Status: in_force

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.
S.D. Codified Laws § 31-34-5 — SD Code / Title 31 / Chapter 34 / Section 31-34-5
Criteria for award--Application resubmission
Status: in_force

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.
S.D. Codified Laws § 31-14-15 — SD Code / Title 31 / Chapter 14 / Section 31-14-15
Return of certified checks accompanying bids
Status: in_force

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.
S.D. Codified Laws § 31-27-1 — SD Code / Title 31 / Chapter 27 / Section 31-27-1
Power of Department of Transportation respecting grade crossings--Expenses of alteration or abolition of crossing
Status: in_force

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.
S.D. Codified Laws § 31-5-8.3 — SD Code / Title 31 / Chapter 5 / Section 31-5-8.3
Annual winter safe highway maintenance plan
Status: in_force

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.
S.D. Codified Laws § 31-29-73 — SD Code / Title 31 / Chapter 29 / Section 31-29-73
Takings requiring compensation
Status: in_force

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.
S.D. Codified Laws § 31-28-6 — SD Code / Title 31 / Chapter 28 / Section 31-28-6
Warning signs at points of danger--Maintenance--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 31-4-14.5 — SD Code / Title 31 / Chapter 4 / Section 31-4-14.5
Minimum maintenance road designation--Opportunity for public input--Maintenance level required
Status: in_force

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.
S.D. Codified Laws § 31-29-71.3 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.3
Disposition of fee revenue
Status: in_force

The funds collected under § 31-29-71.1 shall be placed in the state highway fund.

Source: SL 1985, ch 236, § 5.
S.D. Codified Laws § 31-28-8 — SD Code / Title 31 / Chapter 28 / Section 31-28-8
Erection of unofficial signs prohibited--Misdemeanor--Emergencies--Approval by Department of Transportation
Status: in_force

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 .
S.D. Codified Laws § 31-3-44 — SD Code / Title 31 / Chapter 3 / Section 31-3-44
Highways within extraterritorial area of municipality
Status: in_force

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.
S.D. Codified Laws § 31-17-4 — SD Code / Title 31 / Chapter 17 / Section 31-17-4
County highway system on county line--Effect of assignment to county
Status: in_force

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.
S.D. Codified Laws § 31-19-21 — SD Code / Title 31 / Chapter 19 / Section 31-19-21
Procedure as cumulative--General condemnation rules not impaired
Status: in_force

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.
S.D. Codified Laws § 31-28-1 — SD Code / Title 31 / Chapter 28 / Section 31-28-1
Marking of highways with standard design--Numbers to correspond with official maps
Status: in_force

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.
S.D. Codified Laws § 31-7-5 — SD Code / Title 31 / Chapter 7 / Section 31-7-5
Acquisition of right-of-way, land, and materials
Status: in_force

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.
S.D. Codified Laws § 31-13-3.1 — SD Code / Title 31 / Chapter 13 / Section 31-13-3.1
Secondary road capital improvement fund
Status: in_force

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.
S.D. Codified Laws § 31-30-4 — SD Code / Title 31 / Chapter 30 / Section 31-30-4
Screening preexisting junk yards
Status: in_force

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.
S.D. Codified Laws § 31-5-25 — SD Code / Title 31 / Chapter 5 / Section 31-5-25
Consultation prerequisite to construction or acquisition of facilities
Status: in_force

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.
S.D. Codified Laws § 31-33-6 — SD Code / Title 31 / Chapter 33 / Section 31-33-6
Filing map and description of system in county and city auditor's offices and city engineer's office
Status: in_force

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.
S.D. Codified Laws § 31-19-35 — SD Code / Title 31 / Chapter 19 / Section 31-19-35
Prohibition against abandoning condemnation proceeding
Status: in_force

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.
S.D. Codified Laws § 31-29-71.10 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.10
Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with service road
Status: in_force

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.
S.D. Codified Laws § 31-20-4 — SD Code / Title 31 / Chapter 20 / Section 31-20-4
Payment--Time for conveyance of land--Execution of conveyance--Reversion for nonuser
Status: in_force

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.
S.D. Codified Laws § 31-8-16 — SD Code / Title 31 / Chapter 8 / Section 31-8-16
Commercial establishment on right-of-way prohibited--Exception--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 31-3-7 — SD Code / Title 31 / Chapter 3 / Section 31-3-7
Public hearing--Notice--Affirmative resolution of board--Order
Status: in_force

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.
S.D. Codified Laws § 31-3-42 — SD Code / Title 31 / Chapter 3 / Section 31-3-42
Change in location of highway by political subdivision contracting with the United States
Status: in_force

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.
S.D. Codified Laws § 31-19-23 — SD Code / Title 31 / Chapter 19 / Section 31-19-23
Procedure to effect immediate taking--Declaration of taking--Contents of declaration
Status: in_force

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.
S.D. Codified Laws § 31-27-18 — SD Code / Title 31 / Chapter 27 / Section 31-27-18
Minimum overhead clearance--Width of roadway--Approaches
Status: in_force

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.
S.D. Codified Laws § 31-19-34 — SD Code / Title 31 / Chapter 19 / Section 31-19-34
Compensation exceeding amounts already distributed--Judgment for deficiency--Compensation for less than amount already distributed--Judgment against defendant
Status: in_force

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.
S.D. Codified Laws § 31-19-8 — SD Code / Title 31 / Chapter 19 / Section 31-19-8
Service of summons--Unknown parties--Publication of summons
Status: in_force

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.
S.D. Codified Laws § 31-19-43 — SD Code / Title 31 / Chapter 19 / Section 31-19-43
Title to land
Status: in_force

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.
S.D. Codified Laws § 31-8-4 — SD Code / Title 31 / Chapter 8 / Section 31-8-4
Regulations as to use
Status: in_force

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.
S.D. Codified Laws § 31-26-6 — SD Code / Title 31 / Chapter 26 / Section 31-26-6
Negligent construction of lines--Inductive interference--Expense of correction--Burden of proof--Liability in absence of negligence--Lines properly constructed
Status: in_force

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.
S.D. Codified Laws § 31-14-19 — SD Code / Title 31 / Chapter 14 / Section 31-14-19
Cost statement prepared by county highway superintendent--Filing
Status: in_force

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.
S.D. Codified Laws § 31-4-158 — SD Code / Title 31 / Chapter 4 / Section 31-4-158
State Highway 37 from the Missouri River to North Dakota
Status: in_force

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.
S.D. Codified Laws § 31-1-7 — SD Code / Title 31 / Chapter 1 / Section 31-1-7
Coexistence of administrative and federal aid systems
Status: in_force

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.
S.D. Codified Laws § 31-13-37 — SD Code / Title 31 / Chapter 13 / Section 31-13-37
Publication of resolution--Notice of supervisors' meeting--Hearing of objections
Status: in_force

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.
S.D. Codified Laws § 31-13-56 — SD Code / Title 31 / Chapter 13 / Section 31-13-56
Removal of baled or stacked foliage from right-of-way--Violation as petty offense
Status: in_force

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.
S.D. Codified Laws § 31-4-14 — SD Code / Title 31 / Chapter 4 / Section 31-4-14
Control and supervision of system by department
Status: in_force

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.
S.D. Codified Laws § 31-27-6 — SD Code / Title 31 / Chapter 27 / Section 31-27-6
Expense of land appropriated for relocation of crossings
Status: in_force

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.
S.D. Codified Laws § 31-14-1 — SD Code / Title 31 / Chapter 14 / Section 31-14-1
Definition of terms
Status: in_force

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.
S.D. Codified Laws § 31-4-216 — SD Code / Title 31 / Chapter 4 / Section 31-4-216
State Highway 240 from Interstate Highway 90 via Badlands National Park to Interstate Highway 90
Status: in_force

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.
S.D. Codified Laws § 31-14-23 — SD Code / Title 31 / Chapter 14 / Section 31-14-23
Purchase of twelve months' supply of materials--Estimate by county highway superintendent--Specifications
Status: in_force

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.
S.D. Codified Laws § 31-28-13 — SD Code / Title 31 / Chapter 28 / Section 31-28-13
Markings by local authorities--Local regulations not enforceable in absence of sign--Location and legibility of sign
Status: in_force

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.
S.D. Codified Laws § 31-19-11 — SD Code / Title 31 / Chapter 19 / Section 31-19-11
Defaulting defendants--Affidavit of default--Summoning jurors--Procedure for summoning
Status: in_force

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.
S.D. Codified Laws § 31-8-3 — SD Code / Title 31 / Chapter 8 / Section 31-8-3
Highway authorities permitted to establish facilities--Local control
Status: in_force

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.
S.D. Codified Laws § 31-29-80.5 — SD Code / Title 31 / Chapter 29 / Section 31-29-80.5
Attraction defined
Status: in_force

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.
S.D. Codified Laws § 31-19-64 — SD Code / Title 31 / Chapter 19 / Section 31-19-64
Order or resolution to transfer right-of-way--Conveyance--Effect
Status: in_force

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.
S.D. Codified Laws § 31-12A-24 — SD Code / Title 31 / Chapter 12A / Section 31-12A-24
Trustee and employee interest in contracts or other dealings of district prohibited--Exception
Status: in_force

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.
S.D. Codified Laws § 31-12-7 — SD Code / Title 31 / Chapter 12 / Section 31-12-7
Division of system into sections--Recording in county road book or database
Status: in_force

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.
S.D. Codified Laws § 31-4-174 — SD Code / Title 31 / Chapter 4 / Section 31-4-174
State Highway 65 from U.S. Highway 212 to North Dakota
Status: in_force

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.
S.D. Codified Laws § 31-3-11 — SD Code / Title 31 / Chapter 3 / Section 31-3-11
Validation of vacation of highway not within municipality
Status: in_force

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, § 28.04 11-1 .
S.D. Codified Laws § 31-13-20 — SD Code / Title 31 / Chapter 13 / Section 31-13-20
County repair and maintenance of mail routes--Payment from township moneys--Expense limitation
Status: in_force

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.
S.D. Codified Laws § 31-4-170 — SD Code / Title 31 / Chapter 4 / Section 31-4-170
State Highway 50 from State Highway 34 to Iowa
Status: in_force

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.
S.D. Codified Laws § 31-3-10 — SD Code / Title 31 / Chapter 3 / Section 31-3-10
Discontinuance and vacation--Reversion of title to land--Removal of improvements
Status: in_force

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.
S.D. Codified Laws § 31-8-8 — SD Code / Title 31 / Chapter 8 / Section 31-8-8
Acquisition of property in entire tracts
Status: in_force

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.
S.D. Codified Laws § 31-32-18 — SD Code / Title 31 / Chapter 32 / Section 31-32-18
Failure of owner to abate nuisance--Civil action--Cost charged against owner
Status: in_force

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.
S.D. Codified Laws § 31-4-151 — SD Code / Title 31 / Chapter 4 / Section 31-4-151
State Highway 28 from U.S. Highway 281 to Minnesota
Status: in_force

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.
S.D. Codified Laws § 31-29-63.1 — SD Code / Title 31 / Chapter 29 / Section 31-29-63.1
Notice to owner to remove nonconforming sign--Removal by department at owner's expense
Status: in_force

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.
S.D. Codified Laws § 31-7-15 — SD Code / Title 31 / Chapter 7 / Section 31-7-15
Camping prohibited at rest areas on interstate system--Petty offense
Status: in_force

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.
S.D. Codified Laws § 31-27-15 — SD Code / Title 31 / Chapter 27 / Section 31-27-15
Purchase or condemnation of new right-of-way--Plats prepared by transportation department or county highway superintendent
Status: in_force

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.
S.D. Codified Laws § 31-8-10 — SD Code / Title 31 / Chapter 8 / Section 31-8-10
New or existing facilities included
Status: in_force

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.
S.D. Codified Laws § 31-4-150 — SD Code / Title 31 / Chapter 4 / Section 31-4-150
State Highway 27 from U.S. Highway 12 to North Dakota
Status: in_force

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.
S.D. Codified Laws § 31-19-48 — SD Code / Title 31 / Chapter 19 / Section 31-19-48
Tender of estimated compensation--Landowner's rights unaffected by tender or acceptance
Status: in_force

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.
S.D. Codified Laws § 31-3-1 — SD Code / Title 31 / Chapter 3 / Section 31-3-1
Dedication to public by continuous use, work, and repair of road--Width--Obtaining right-of-way
Status: in_force

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.
S.D. Codified Laws § 31-13-24 — SD Code / Title 31 / Chapter 13 / Section 31-13-24
Expenditures from snow removal reserve fund
Status: in_force

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.
S.D. Codified Laws § 31-19-30 — SD Code / Title 31 / Chapter 19 / Section 31-19-30
Payment to owner--Receipt by owner--Contents of receipt
Status: in_force

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.
S.D. Codified Laws § 31-12A-33 — SD Code / Title 31 / Chapter 12A / Section 31-12A-33
Consolidated road district does not acquire property or obligations of included road districts
Status: in_force

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.
S.D. Codified Laws § 31-25-3 — SD Code / Title 31 / Chapter 25 / Section 31-25-3
Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of cost
Status: in_force

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.
S.D. Codified Laws § 31-12-17 — SD Code / Title 31 / Chapter 12 / Section 31-12-17
Superintendent's approval of bills before payment
Status: in_force

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.
S.D. Codified Laws § 31-27-21 — SD Code / Title 31 / Chapter 27 / Section 31-27-21
Railroad and highway crossing defined
Status: in_force

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.
S.D. Codified Laws § 31-13-23 — SD Code / Title 31 / Chapter 13 / Section 31-13-23
Intent of snow removal reserve fund law
Status: in_force

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.
S.D. Codified Laws § 31-4-7 — SD Code / Title 31 / Chapter 4 / Section 31-4-7
Hearing on change--Notice, publication, and contents--Right to appear
Status: in_force

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.
S.D. Codified Laws § 31-13-27.1 — SD Code / Title 31 / Chapter 13 / Section 31-13-27.1
Snow creating emergency--Expenditures for removal without advertising for bids
Status: in_force

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.
S.D. Codified Laws § 31-29-69 — SD Code / Title 31 / Chapter 29 / Section 31-29-69
Blanket prohibition by local authority not authorized--Reasonableness required
Status: in_force

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.
S.D. Codified Laws § 31-32-8 — SD Code / Title 31 / Chapter 32 / Section 31-32-8
Civil liability for violating §31-32-3.1,31-32-6, or31-32-7--Attorney fees
Status: in_force

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.
S.D. Codified Laws § 31-13-34 — SD Code / Title 31 / Chapter 13 / Section 31-13-34
Combining of streets in one resolution--Uniformity required
Status: in_force

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.
S.D. Codified Laws § 31-20-7 — SD Code / Title 31 / Chapter 20 / Section 31-20-7
Subsequent redemption subject to county's previous sale
Status: in_force

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.
S.D. Codified Laws § 31-3-14 — SD Code / Title 31 / Chapter 3 / Section 31-3-14
Appeal from township board to vote of voters
Status: in_force

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.
S.D. Codified Laws § 31-11-42 — SD Code / Title 31 / Chapter 11 / Section 31-11-42
Hearing on petition for maintenance of private roads--Notice
Status: in_force

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.
S.D. Codified Laws § 31-11-3 — SD Code / Title 31 / Chapter 11 / Section 31-11-3
Duties of county superintendent--Compliance with rules
Status: in_force

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.
S.D. Codified Laws § 31-4-141 — SD Code / Title 31 / Chapter 4 / Section 31-4-141
U.S. Highway 18 from Wyoming to Iowa
Status: in_force

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.
S.D. Codified Laws § 31-19-24 — SD Code / Title 31 / Chapter 19 / Section 31-19-24
Title vesting in state or municipality--Right to compensation vesting in owner--Effective date
Status: in_force

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.
S.D. Codified Laws § 31-28-4 — SD Code / Title 31 / Chapter 28 / Section 31-28-4
Description of routes selected for marking--Previously marked routes to conform
Status: in_force

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.
S.D. Codified Laws § 31-4-229 — SD Code / Title 31 / Chapter 4 / Section 31-4-229
U.S. Highway 281 from Nebraska to North Dakota
Status: in_force

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.
S.D. Codified Laws § 31-3-2 — SD Code / Title 31 / Chapter 3 / Section 31-3-2
Public highway not established by mere use
Status: in_force

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.
S.D. Codified Laws § 31-12-46 — SD Code / Title 31 / Chapter 12 / Section 31-12-46
Minimum maintenance roads established
Status: in_force

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.
S.D. Codified Laws § 31-11-7 — SD Code / Title 31 / Chapter 11 / Section 31-11-7
Annual inventory of county road building equipment and supplies--Destruction of records
Status: in_force

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.
S.D. Codified Laws § 31-7-7 — SD Code / Title 31 / Chapter 7 / Section 31-7-7
Grade separations at intersections with other roads
Status: in_force

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.
S.D. Codified Laws § 31-4-228 — SD Code / Title 31 / Chapter 4 / Section 31-4-228
State Highway 273 from Interstate Highway 90 to State Highway 1806
Status: in_force

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.
S.D. Codified Laws § 31-14-24 — SD Code / Title 31 / Chapter 14 / Section 31-14-24
Emergency contracts for repair of bridges and approaches authorized
Status: in_force

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.
S.D. Codified Laws § 31-24-3 — SD Code / Title 31 / Chapter 24 / Section 31-24-3
Limitation on number of farm entrances--Additional entrances at owner's expense
Status: in_force

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.
S.D. Codified Laws § 31-13-14 — SD Code / Title 31 / Chapter 13 / Section 31-13-14
Motor vehicle license fees transferable to county
Status: in_force

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.
S.D. Codified Laws § 31-26-16 — SD Code / Title 31 / Chapter 26 / Section 31-26-16
Conformity to public utilities commission order
Status: in_force

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.
S.D. Codified Laws § 31-19-63 — SD Code / Title 31 / Chapter 19 / Section 31-19-63
Transfer of right-of-way between state and political subdivisions
Status: in_force

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.
S.D. Codified Laws § 31-4-134 — SD Code / Title 31 / Chapter 4 / Section 31-4-134
U.S. Highway 14 from Interstate Highway 90 to Minnesota
Status: in_force

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.
S.D. Codified Laws § 31-14-31 — SD Code / Title 31 / Chapter 14 / Section 31-14-31
Drainage ditch bridges
Status: in_force

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.
S.D. Codified Laws § 31-7-16 — SD Code / Title 31 / Chapter 7 / Section 31-7-16
Activities constituting unlawful camping
Status: in_force

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.
S.D. Codified Laws § 31-29-71.7 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.7
Nonconforming permit
Status: in_force

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.
S.D. Codified Laws § 31-33-7 — SD Code / Title 31 / Chapter 33 / Section 31-33-7
Additions, relocations, or deletions from arterial street system
Status: in_force

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.
S.D. Codified Laws § 31-30-7 — SD Code / Title 31 / Chapter 30 / Section 31-30-7
Acquisition of land to provide screening
Status: in_force

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.
S.D. Codified Laws § 31-12-47 — SD Code / Title 31 / Chapter 12 / Section 31-12-47
Posting notification of minimum maintenance road
Status: in_force

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.
S.D. Codified Laws § 31-19-14 — SD Code / Title 31 / Chapter 19 / Section 31-19-14
Continuance respecting unserved defendants
Status: in_force

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.
S.D. Codified Laws § 31-17-2 — SD Code / Title 31 / Chapter 17 / Section 31-17-2
Roads crossing county lines--Division of responsibility
Status: in_force

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.
S.D. Codified Laws § 31-11-4 — SD Code / Title 31 / Chapter 11 / Section 31-11-4
Employment of engineer by superintendent
Status: in_force

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.
S.D. Codified Laws § 31-20-2 — SD Code / Title 31 / Chapter 20 / Section 31-20-2
Filing map of proposed location with commissioner of school and public lands--Contents of map
Status: in_force

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.
S.D. Codified Laws § 31-4-182 — SD Code / Title 31 / Chapter 4 / Section 31-4-182
State Highway 87 from U.S. Highway 385 to U.S. Highway 16
Status: in_force

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.
S.D. Codified Laws § 31-19-15 — SD Code / Title 31 / Chapter 19 / Section 31-19-15
View of premises by jury
Status: in_force

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.
S.D. Codified Laws § 31-14-40 — SD Code / Title 31 / Chapter 14 / Section 31-14-40
County line bridges--Cost-sharing provisions not applicable where apportionment contract made
Status: in_force

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.
S.D. Codified Laws § 31-32-3.1 — SD Code / Title 31 / Chapter 32 / Section 31-32-3.1
Intentional dumping on highway right-of-way prohibited--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 31-4-175 — SD Code / Title 31 / Chapter 4 / Section 31-4-175
State Highway 71 from Nebraska to U.S. Highway 18 Bypass
Status: in_force

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.
S.D. Codified Laws § 31-4-189 — SD Code / Title 31 / Chapter 4 / Section 31-4-189
State Highway 106 from State Highway 25 to State Highway 127
Status: in_force

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.
S.D. Codified Laws § 31-27-19.1 — SD Code / Title 31 / Chapter 27 / Section 31-27-19.1
Cost of repair and maintenance of railroad and highway crossings apportioned on basis of benefit
Status: in_force

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.
S.D. Codified Laws § 31-13-49 — SD Code / Title 31 / Chapter 13 / Section 31-13-49
Cost assumed by township when street has been previously improved
Status: in_force

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.
S.D. Codified Laws § 31-4-185 — SD Code / Title 31 / Chapter 4 / Section 31-4-185
Interstate Highway 90 Business Loops at Oacoma, Chamberlain, and Mitchell
Status: in_force

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.
S.D. Codified Laws § 31-7-9 — SD Code / Title 31 / Chapter 7 / Section 31-7-9
Marking of highways
Status: in_force

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.
S.D. Codified Laws § 31-12-49 — SD Code / Title 31 / Chapter 12 / Section 31-12-49
Posting of signs along no maintenance highway
Status: in_force

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.
S.D. Codified Laws § 31-1-4 — SD Code / Title 31 / Chapter 1 / Section 31-1-4
Classification of highways of state
Status: in_force

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.
S.D. Codified Laws § 31-4-178 — SD Code / Title 31 / Chapter 4 / Section 31-4-178
State Highway 79 from U.S. Highway 18 to North Dakota
Status: in_force

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.
S.D. Codified Laws § 31-12A-18 — SD Code / Title 31 / Chapter 12A / Section 31-12A-18
Trustees not compensated--Election of president
Status: in_force

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.
S.D. Codified Laws § 31-13-54 — SD Code / Title 31 / Chapter 13 / Section 31-13-54
Contracts and assessments not invalidated by defects--Supervisors' determination conclusive
Status: in_force

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.
S.D. Codified Laws § 31-4-183 — SD Code / Title 31 / Chapter 4 / Section 31-4-183
State Highway 89 from U.S. Highway 18 to State Highway 87
Status: in_force

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.
S.D. Codified Laws § 31-4-157 — SD Code / Title 31 / Chapter 4 / Section 31-4-157
State Highway 36 from U.S. Highway 16 Alternate to State Highway 79
Status: in_force

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.
S.D. Codified Laws § 31-29-63.4 — SD Code / Title 31 / Chapter 29 / Section 31-29-63.4
On-premise signs
Status: in_force

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.
S.D. Codified Laws § 31-8-6 — SD Code / Title 31 / Chapter 8 / Section 31-8-6
Ingress and egress restricted to designated points
Status: in_force

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.
S.D. Codified Laws § 31-8-15 — SD Code / Title 31 / Chapter 8 / Section 31-8-15
Unlawful use of facilities--Acts constituting
Status: in_force

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.
S.D. Codified Laws § 31-4-166 — SD Code / Title 31 / Chapter 4 / Section 31-4-166
State Highway 46 from U.S. Highway 18 to Iowa
Status: in_force

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.
S.D. Codified Laws § 31-12A-12 — SD Code / Title 31 / Chapter 12A / Section 31-12A-12
District as governmental subdivision and public body
Status: in_force

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.
S.D. Codified Laws § 31-17-5 — SD Code / Title 31 / Chapter 17 / Section 31-17-5
Secondary highway on county line--Assignment of responsibility
Status: in_force

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.
S.D. Codified Laws § 31-29-12 — SD Code / Title 31 / Chapter 29 / Section 31-29-12
Rest areas and facilities--Commercial accommodations prohibited
Status: in_force

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.
S.D. Codified Laws § 31-14-36 — SD Code / Title 31 / Chapter 14 / Section 31-14-36
County line bridges--Considerations in apportioning responsibility--Apportionment by department
Status: in_force

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.
S.D. Codified Laws § 31-4-5 — SD Code / Title 31 / Chapter 4 / Section 31-4-5
State maintenance of streets included in state trunk highway system--Snow removal excepted
Status: in_force

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.