S.D. Codified Laws § 31-29-59 — SD Code / Title 31 / Chapter 29 / Section 31-29-59
Maps, directories, and pamphlets at rest areas--Advertising and media display at information centers
Status: in_force

In order to provide information to the traveling public, the Department of Tourism may maintain maps and permit informational directories and advertising pamphlets to be made available at safety rest areas, and may establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing other information as may be considered desirable. The department may contract to offer information through advertising or a media display, other than an informational directory or advertising pamphlet. The advertising or media display may be at an information center if the advertising or media display is exhibited solely within the information center and the advertising or media display is not legible from the main traveled way. The proceeds from any advertising or media display shall be deposited into the tourism promotion fund for the operation, maintenance, and expansion of information center exhibits.

Source: SL 1966, ch 87, § 5; SL 1967, ch 118, § 11; SL 2010, ch 145, § 154; SL 2018, ch 169, § 2.
S.D. Codified Laws § 31-4-152 — SD Code / Title 31 / Chapter 4 / Section 31-4-152
Interstate Highway 29 from Iowa to North Dakota
Status: in_force

The state trunk highway system includes the following in Union, Lincoln, Minnehaha, Moody, Brookings, Deuel, Hamlin, Codington, Grant, and Roberts counties:

From a point on the Iowa state line near the center of section twenty - six, township eighty - nine north, range forty - eight west, thence northerly via North Sioux City, Sioux Falls, Brookings, and Watertown to the North Dakota state line on the north line of section thirty, township one hundred twenty - nine north, range forty - nine west.

Source: SL 1984, ch 209, § 25.
S.D. Codified Laws § 31-12-2 — SD Code / Title 31 / Chapter 12 / Section 31-12-2
Change of county highway system--Order of Department of Transportation
Status: in_force

Except for minimum maintenance roads established pursuant to § 31-12-46 , no county highway system may be changed, altered, or modified except by authority of and in accordance with a written executive order of the Department of Transportation. Any such change shall be shown on the map of the county highway system in an office designated by the board of county commissioners and on such map in the Department of Transportation.

Source: SDC 1939, § 28.0302; SL 1941, ch 129; SL 1997, ch 176, § 3; SL 2013, ch 130, § 1.
S.D. Codified Laws § 31-11-41 — SD Code / Title 31 / Chapter 11 / Section 31-11-41
Petition for county maintenance on private roads
Status: in_force

Any resident of a county may petition the board of county commissioners to hold a public hearing on whether the county should contract with owners of private roads within the county for the county to provide maintenance on private roads.

Source: SL 1994, ch 238, § 1.
S.D. Codified Laws § 31-19-10.1 — SD Code / Title 31 / Chapter 19 / Section 31-19-10.1
Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons
Status: in_force

Within thirty days of the service of summons provided in § 31-19-7 or service of the declaration of taking provided in § 31-19-26 , a defendant may demand a hearing in circuit court on the issue of the necessity of acquiring the property. Failure to make such demand or consent in writing to the taking, within the thirty - day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the South Dakota Transportation Commission or by a municipality, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.

Source: SL 1976, ch 184, § 1; SL 1977, ch 242, § 1; SL 1990, ch 226, § 1.
S.D. Codified Laws § 31-26-27 — SD Code / Title 31 / Chapter 26 / Section 31-26-27
Municipal utility lines--Provisions applicable
Status: in_force

The terms and provisions of §§ 31-26-22 to 31-26-26 , inclusive, apply to the laying and construction of municipal utility lines, insofar as they may be applicable.

Source: SL 1981, ch 227.
S.D. Codified Laws § 31-23-1 — SD Code / Title 31 / Chapter 23 / Section 31-23-1
Performance bond required--Amount of bond--Conditions of bond
Status: in_force

Except as provided in § 31-12-15 , before any contract is entered into for the construction, repair, or improvement of any public highway by the State of South Dakota, or any public corporation within the State of South Dakota, the person to whom such contract is awarded shall furnish a performance bond running to the State of South Dakota in an amount not less than the contract price for the faithful performance of such contract, in the form and conditioned as required by the statutes of the State of South Dakota.

Source: SL 1941, ch 135, § 1; SDC Supp 1960, § 28.1601; SL 1987, ch 60, § 2.
S.D. Codified Laws § 31-5-5 — SD Code / Title 31 / Chapter 5 / Section 31-5-5
Contracts with counties for completion and improvement of trunk highways
Status: in_force

The department may enter into an agreement with any county to provide that each may perform work or submit monetary contributions for the completion or improvement of a certain part of the state trunk highway within the county.

Source: SL 1923, ch 285; SDC 1939, § 28.0211; SL 1965, ch 132; SL 2010, ch 145, § 29.
S.D. Codified Laws § 31-12-25 — SD Code / Title 31 / Chapter 12 / Section 31-12-25
Establishment of witness corners required--Violation as petty offense
Status: in_force

Whenever it may become necessary in grading highways to make a cut which will disturb or destroy, or a fill which will cover up, a government or other established corner, it shall be the duty of the county highway superintendent to establish permanent witness corners and make a record of the same, which shall show the distance and directions the witness corner is from the corner disturbed or covered up. Any county highway superintendent who fails to perform his duty under this section commits a petty offense.

Source: SL 1919, ch 333, § 21; SDC 1939, §§ 28.0307, 28.9902.
S.D. Codified Laws § 31-5-8 — SD Code / Title 31 / Chapter 5 / Section 31-5-8
Moneys to be expended on highways and expenses of commission--Loans to local government highway jurisdictions
Status: in_force

All moneys levied and collected by the state by general state taxation for state highway purposes, or received from the sale of bonds, or appropriated for state highway purposes, shall be expended only in the laying out, marking, constructing, reconstructing, or maintaining public highways forming the trunk highway system and for the expenses of the Transportation Commission. However, twenty-five percent of all such moneys accruing to the state highway fund, other than from federal funds, may be used by the department in marking, constructing, reconstructing, repairing, or maintenance of highways and bridges of the state. The commission may promulgate rules, pursuant to chapter 1-26 , to establish procedures for the application and approval of loans to local government highway jurisdictions. The jurisdictions may use the money for the marking, constructing, reconstructing, repairing, and maintenance of the highways and bridges of the state pursuant to terms and conditions determined by the commission.

Source: SL 1919, ch 333, § 54; SL 1920 (SS), ch 89; SL 1923, ch 284, § 5; SDC 1939, § 28.0212; SL 1953, ch 140; SL 2010, ch 145, § 31; SL 2017, ch 123, § 1.
S.D. Codified Laws § 31-3-18 — SD Code / Title 31 / Chapter 3 / Section 31-3-18
Width of highway
Status: in_force

Any public highway located under §§ 31-3-6 to 31-3-37 , inclusive, shall be at least sixty-six feet in width, and may be one hundred feet in width if all residents of land adjoining the highway petition for such width. However, a highway not exceeding one-half mile in length and not located on any section line shall be at least thirty-three feet in width if, in the judgment of the board of county commissioners, such width is sufficient to accommodate properly the travel on the highway. Each order locating or changing any highway shall specify the width of the highway.

Source: SL 1883, ch 112, § 51; CL 1887, § 1311; RPolC 1903, § 1722; RC 1919, § 8544; SDC 1939, § 28.0315; SL 2018, ch 168, § 2.
S.D. Codified Laws § 31-4-156 — SD Code / Title 31 / Chapter 4 / Section 31-4-156
State Highway 34 from Wyoming to Minnesota
Status: in_force

The state trunk highway system includes the following in Butte, Lawrence, Meade, Ziebach, Haakon, Stanley, Hughes, Hyde, Buffalo, Jerauld, Sanborn, Miner, Lake, and Moody counties:

(1) From a point on the Wyoming state line southeasterly to Interstate Highway 90;

(2) From a point on Interstate Highway 90 easterly via Sturgis to U.S. Highway 14;

(3) From a point on U.S. Highway 14 in Pierre, thence easterly via Pierre, Wessington Springs, Lane, Woonsocket, Artesian, Roswell, Vilas and Howard to U.S. Highway 81; and

(4) From a point on U.S. Highway 81 at Madison easterly via Madison, Colman, and Egan to the Minnesota state line.

Source: SL 1984, ch 209, § 29; SL 2005, ch 150, § 2; SL 2026, ch 125, § 1.
S.D. Codified Laws § 31-3-3 — SD Code / Title 31 / Chapter 3 / Section 31-3-3
Rights of settlers on public lands
Status: in_force

In all applications for the location, change, or vacation of any public highway, actual settlers upon any public lands in any county in this state shall have and possess all rights in this chapter granted to freeholders.

Source: SL 1867-8, ch 13, § 32; PolC 1877, ch 29, § 36; CL 1887, § 1226; RPolC 1903, § 1631; RC 1919, § 8618; SDC 1939, § 28.0112.
S.D. Codified Laws § 31-13-45 — SD Code / Title 31 / Chapter 13 / Section 31-13-45
Assessment to nearby property of intersection costs
Status: in_force

The cost of each street intersection may be assessed to all lots according to area so as to include one - half of the property between the street improved and the next street, whether the property abuts the street. In no case may the property situated more than three hundred feet from the intersection be assessed.

Source: SL 1979, ch 197, § 13.
S.D. Codified Laws § 31-28-22 — SD Code / Title 31 / Chapter 28 / Section 31-28-22
Prohibited sign as nuisance
Status: in_force

Every sign, signal, marking, or device prohibited by §§ 31-28-19 and 31-28-20 is hereby declared to be a public nuisance, and the Department of Transportation or local authorities within their respective jurisdictions shall remove the sign, signal, marking, or device or cause it to be removed immediately. The removal may be done without notice.

Source: SL 1963, ch 274, § 4 (4); SL 2001, ch 160, § 2; SL 2011, ch 137, § 3.
S.D. Codified Laws § 31-17-16 — SD Code / Title 31 / Chapter 17 / Section 31-17-16
Secondary highway on municipal boundary--Responsibility
Status: in_force

The secondary highways on the boundary line of any municipality must be assigned to the municipality and adjoining civil township, or unorganized territory as provided in §§ 31-17-5 and 31-17-6 .

Source: SDC 1939, § 28.0704; SL 1992, ch 60, § 2; SL 2024, ch 104, § 1.
S.D. Codified Laws § 31-19-33 — SD Code / Title 31 / Chapter 19 / Section 31-19-33
Trial on question of just compensation--Judgment--Interest on award--Interest on amounts already deposited in court
Status: in_force

After the right to compensation has vested pursuant to § 31-19-24 , the condemnation action in which the declaration of taking has been filed shall go to trial and just compensation shall be ascertained and awarded in the proceeding and be established by judgment. The judgment shall include interest at the Category A rate of interest as established in § 54-3-16 on the amount finally awarded as the value of the property as of the date of the court deposit. Interest shall accumulate from that date to the date of payment, but interest may not be allowed on money which has been paid into the court.

Source: SL 1963, ch 195, § 1; SL 1983, ch 28, § 44; SL 1984, ch 214; SL 1984, ch 319, § 20.
S.D. Codified Laws § 31-4-180 — SD Code / Title 31 / Chapter 4 / Section 31-4-180
U.S. Highway 83 from Nebraska to North Dakota
Status: in_force

The state trunk highway system includes the following in Todd, Mellette, Jones, Lyman, Stanley, Hughes, Sully, Potter, Walworth, and Campbell counties:

(1) From the Nebraska state line south of Mission in section twenty - three, township thirty - five north, range twenty - eight west, thence northerly via Mission to U.S. Highway 18 north of the southeast corner of section thirty - two, township thirty - nine north, range twenty - eight west;

(2) From a point on U.S. Highway 18 west of Mission near the southwest corner of section thirty - six, township thirty - nine north, range twenty - nine west, thence north to Interstate Highway 90 north of the southwest corner of section seven, township two south, range twenty - nine east;

(3) From a point on Interstate Highway 90 south of Fort Pierre in section nine, township one hundred five north, range seventy - nine west, thence north via Fort Pierre to U.S. Highway 14 in section twenty - eight, township five north, range thirty - one east;

(4) From a point on U.S. Highway 14 west of Blunt north of the southwest corner of section fourteen, township one hundred twelve north, range seventy - seven west, thence north to U.S. Highway 212 west of Gettysburg near the northwest corner of section twenty - five, township one hundred eighteen north, range seventy - seven west;

(5) From a point on U.S. Highway 212 west of Gettysburg near the southwest corner of section nineteen, township one hundred eighteen north, range seventy - six west, thence north to U.S. Highway 12 south of Selby in the southwest quarter of section twenty - one, township one hundred twenty - three north, range seventy - six west;

(6) From a point on U.S. Highway 12 north of Selby near the south quarter corner of section nineteen, township one hundred twenty - four north, range seventy - six west, thence north via Mound City and Herreid to the North Dakota state line near the northwest corner of section five, township one hundred twenty - eight north, range seventy - six west.

Source: SL 1984, ch 209, § 53.
S.D. Codified Laws § 31-4-210 — SD Code / Title 31 / Chapter 4 / Section 31-4-210
Interstate Highway 229 from Interstate Highway 29 to Interstate Highway 90
Status: in_force

The state trunk highway system includes the following in Lincoln and Minnehaha counties:

From a point on Interstate Highway 29 south of Sioux Falls in section eighteen, township one hundred north, range fifty west, thence northeasterly via Sioux Falls to Interstate Highway 90 north of Sioux Falls north of the southwest corner of section twenty - six, township one hundred two north, range forty - nine west.

Source: SL 1984, ch 209, § 83.
S.D. Codified Laws § 31-30-9 — SD Code / Title 31 / Chapter 30 / Section 31-30-9
Injunction to abate nuisance
Status: in_force

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

Source: SL 1966, ch 86, § 9; SL 2010, ch 145, § 168.
S.D. Codified Laws § 31-25-5 — SD Code / Title 31 / Chapter 25 / Section 31-25-5
Dimensions of livestock guard--Passage for wider vehicles
Status: in_force

All livestock guards shall be at least ten feet wide on the ground. In addition, at one side of such livestock guard there shall be provided or constructed a gate, at least twenty feet wide to accommodate the passage of teams, and wider vehicles.

Source: SL 1953, ch 154, § 2; SL 1959, ch 140, § 2; SDC Supp 1960, § 28.09 10-2 .
S.D. Codified Laws § 31-12A-20 — SD Code / Title 31 / Chapter 12A / Section 31-12A-20
Record of proceedings required of trustees
Status: in_force

The board of trustees shall cause to be kept a full, complete, accurate, and itemized account of all of its proceedings, ordinances, orders, resolutions, rules, and regulations.

Source: SL 1977, ch 241, § 20.
S.D. Codified Laws § 31-27-17 — SD Code / Title 31 / Chapter 27 / Section 31-27-17
Cost of right-of-way, grading, and approaches
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 state or county shall pay for the right-of-way and necessary grading, approaching, and leading from the overhead crossing or subway undercrossing.

Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1104 (6); SL 2010, ch 145, § 131.
S.D. Codified Laws § 31-20-3 — SD Code / Title 31 / Chapter 20 / Section 31-20-3
Ascertainment of value of land--Inspection and appraisal--Minimum price--Damages
Status: in_force

For the purpose of ascertaining the value of the land taken pursuant to §§ 31-20-1 and 31-20-2 for any such proposed highway, the State Board of Appraisal provided for in S.D. Const., Art. VIII, when directed to do so by the commissioner of school and public lands, shall proceed carefully to inspect and view such lands and appraise the value per acre, at not less than the minimum price fixed by the Constitution, together with any damages the state may sustain by reason of the location of such highway.

Source: SL 1909, ch 32, § 3; SL 1915, ch 214, § 2; RC 1919, § 8616; SDC 1939, § 28.0110.
S.D. Codified Laws § 31-24-5 — SD Code / Title 31 / Chapter 24 / Section 31-24-5
Construction on private property prohibited
Status: in_force

No connecting structure or approach described by § 31-24-1 may be constructed by the highway authorities upon private property nor beyond the right-of-way line.

Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 117.
S.D. Codified Laws § 31-24-6 — SD Code / Title 31 / Chapter 24 / Section 31-24-6
Entrance to existing highway at owner's expense--Permit--Construction in accordance with approved plans
Status: in_force

If any public highway as already constructed is of such character as to deprive the owner of the abutting land of easy and convenient access from the owner's land to the highway, the owner of the land may, at the owner's expense, except as provided by chapters 31-7 and 31-8 , construct an entrance to the abutting land. However, no entrance may be constructed until the landowner has obtained a permit from the authority whose duty it is to maintain the highway for the construction of the entrance. The entrance shall be constructed in accordance with plans approved by the authority. The authority shall fix the width and location of the entrance and the entrance shall be constructed in accordance therewith.

Source: SDC 1939, § 28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, § 118.
S.D. Codified Laws § 31-22-6 — SD Code / Title 31 / Chapter 22 / Section 31-22-6
Right to easement complete upon payment of damages or refusal thereof--Payment of costs of proceedings--Fees and mileage of county commissioners
Status: in_force

Upon payment of the sum assessed to the owner of the land over which such right - of - way is laid or upon his refusal to accept the same upon the deposit of such sum with the clerk of courts of the county in which such lands are located, the right of the owner of such isolated tract to the free use of said right - of - way shall be complete; provided the owner of such isolated tract shall have paid all of the costs of the proceedings in laying out and assessing the damages of said right - of - way, and the commissioners shall each be entitled to a fee of three dollars per day and five cents for each mile necessarily traveled in going to and returning from the lands where such right - of - way is located.

Source: SL 1935, ch 179, § 4; SDC 1939, § 28.0804.
S.D. Codified Laws § 31-4-225 — SD Code / Title 31 / Chapter 4 / Section 31-4-225
State Highway 262 from Interstate Highway 90 to State Highway 42
Status: in_force

The state trunk highway system includes the following in Hanson and McCook counties:

From a point on Interstate Highway 90 north of Alexandria north of the southeast corner of section four, township one hundred two north, range fifty - eight west, thence southeasterly via Alexandria, Emery, and Bridgewater to State Highway 42 in Bridgewater west of the southeast corner of section thirteen, township one hundred one north, range fifty - six west.

Source: SL 1984, ch 209, § 98.
S.D. Codified Laws § 31-3-41 — SD Code / Title 31 / Chapter 3 / Section 31-3-41
Relocation of highways--Contract of political subdivision with United States--Reimbursement
Status: in_force

The legally constituted authorities of any county, township, or municipality in the State of South Dakota are hereby authorized and empowered to enter into contracts with the United States of America fixing the terms and conditions under which the part of any highway or system of highways under the control, jurisdiction, and supervision of any such county, township, or municipality in this state which it is found necessary to relocate, rearrange, or alter in order to facilitate the construction of the dams and reservoirs, within the State of South Dakota, by the United States government in the development of the Missouri River flood control projects will be made. Provided that any such contract entered into shall provide for reimbursement of any such county, township or municipality by the United States of America for all works performed and materials furnished under said contract by any county, township, or municipality.

Source: SL 1953, ch 156, § 1; SDC Supp 1960, § 28.06A01.
S.D. Codified Laws § 31-32-13 — SD Code / Title 31 / Chapter 32 / Section 31-32-13
Business requiring use of highway by customers as misdemeanor--Exceptions
Status: in_force

It is a Class 2 misdemeanor for any person to conduct an establishment or maintain a business the nature of which requires the use by patrons or customers of any part of the right-of-way of a state trunk highway while the patron or customer is receiving or discharging any merchandise or commodity at the place of business. This section does not apply to streets within the limits of municipalities which are under the control and regulation of the municipality. This section does not apply to a vending facility allowed pursuant to § 31-29-83 .

Source: SL 1941, ch 137; SDC Supp 1960, § 28.0916; SL 1984, ch 211, § 3; SL 1986, ch 237, § 3; SL 1989, ch 21, § 153; SL 2010, ch 145, § 175; SL 2013, ch 129, § 3.
S.D. Codified Laws § 31-13-26 — SD Code / Title 31 / Chapter 13 / Section 31-13-26
Contracts for snow removal and repair of damages
Status: in_force

After establishment of a township snow removal reserve fund, the board of township supervisors is hereby authorized to contract for the removal of snow on township roads, to purchase equipment for the removal of snow or repair the same, and to repair damages to township roads resulting from or caused by melting snow.

Source: SL 1955, ch 427; SDC Supp 1960, § 58.0512; SL 1969, ch 278, § 1.
S.D. Codified Laws § 31-12A-15 — SD Code / Title 31 / Chapter 12A / Section 31-12A-15
Annual election of officers--Time and place--Conduct
Status: in_force

In each road district, after the initial election provided for in §§ 6-16-5 and 6-16-5.2 , an annual election of officers shall be held on the first Tuesday in May at a place in the district as the board of trustees shall designate. Unless otherwise specified, the election shall be conducted according to chapter 8-3 , at a meeting of the eligible voters of the road district.

Source: SL 1977, ch 241, § 16; SL 2002, ch 144, § 1; SL 2003, ch 158, § 1; SL 2010, ch 74, § 26; SL 2014, ch 46, § 11.
S.D. Codified Laws § 31-23-5 — SD Code / Title 31 / Chapter 23 / Section 31-23-5
Remedy as exclusive
Status: in_force

The remedy provided for in this chapter shall be exclusive.

Source: SL 1941, ch 135, § 4; SDC Supp 1960, § 28.1604.
S.D. Codified Laws § 31-20-9 — SD Code / Title 31 / Chapter 20 / Section 31-20-9
Deed by state--Proper officials
Status: in_force

Any deed of reconveyance made by authority of § 31-20-8 by the state shall be made in the name of the State of South Dakota acting by and through the Department of Transportation. It shall be executed by the secretary of transportation.

Source: SL 1957, ch 143; SDC Supp 1960, § 28.0243; SL 1984, ch 207, § 63.
S.D. Codified Laws § 31-4-162 — SD Code / Title 31 / Chapter 4 / Section 31-4-162
State Highway 42 from U.S. Highway 281 to Iowa
Status: in_force

The state trunk highway system includes the following in Aurora, Davison, Hanson, McCook, and Minnehaha counties:

(1) From a point on U.S. Highway 281 south of Stickney, thence east to the Davison County line;

(2) From a point on State Highway 37 south of Mitchell, thence east via Ethan and Bridgewater to a point on Ellis Road west of Sioux Falls;

(3) From a point on Six Mile Road east of Sioux Falls to the Iowa state line.

Source: SL 1984, ch 209, § 35; SL 1994, ch 237, § 11; SL 2006, ch 155, § 2.
S.D. Codified Laws § 31-4-139 — SD Code / Title 31 / Chapter 4 / Section 31-4-139
U.S. Highway 16 Alternate from U.S. Highway 16 at Custer via Keystone to U.S. Highway 16
Status: in_force

The state trunk highway system includes the following in Custer and Pennington counties:

From a point on U.S. Highway 16 in Custer near the northeast corner of section twenty - six, township three south, range four east, thence easterly and northerly via Custer and Keystone to U.S. Highway 16 north of Keystone on the north line of section thirty - one, township one south, range six east.

Source: SL 1984, ch 209, § 12.
S.D. Codified Laws § 31-11-43 — SD Code / Title 31 / Chapter 11 / Section 31-11-43
Determination on maintenance contract for private roads--Cost of maintenance
Status: in_force

At a hearing held pursuant to §§ 31-11-42 and 31-11-44 , the board of county commissioners shall take public testimony on the question of whether the county should contract with the owners of private roads within the county for the county to provide maintenance on such roads. If, after the hearing, the board determines that it is in the best interests of the residents of the county for the county to maintain private roads, the board may authorize the highway superintendent to enter into contracts for the maintenance of private roads by the county. The contract may not include a per hour cost of the maintenance which is less than the county's total cost for such maintenance. No contract may be for more than six hours of maintenance per year for any one person.

Source: SL 1994, ch 238, § 3.
S.D. Codified Laws § 31-4-135 — SD Code / Title 31 / Chapter 4 / Section 31-4-135
U.S. Highway 14 Alternate from Interstate Highway 90 at Spearfish via Lead-Deadwood to Interstate Highway 90 at Sturgis
Status: in_force

The state trunk highway system includes the following in Lawrence and Meade counties:

From a point on Interstate Highway 90 in the southeast quarter of section thirteen, township six north, range two east, thence southerly and northeasterly via Spearfish, Spearfish Canyon, Lead, Deadwood, and Sturgis to Interstate Highway 90 near the southeast corner of section five, township five north, range five east.

Source: SL 1984, ch 209, § 8.
S.D. Codified Laws § 31-12A-17 — SD Code / Title 31 / Chapter 12A / Section 31-12A-17
Nominations for trustee--Certificates of nomination
Status: in_force

If the initial trustees are to be elected at the meeting at which the incorporation election is held as provided in § 6-16-5 , the trustees shall be nominated by the eligible voters in attendance at the meeting. Otherwise, the initial trustees shall be nominated as provided in § 6-16-5.2 . Any trustee to be elected at any subsequent election, shall be nominated by filing with the district clerk not less than fifteen days before the subsequent election, a certificate of nomination for the office of trustee. The certificate shall be in writing and shall contain the name of the candidate, residence, business address, and the office for which the candidate is named, and shall be signed by at least five percent of the eligible voters.

Source: SL 1977, ch 241, § 17; SL 1998, ch 36, § 18; SL 2014, ch 46, § 14.
S.D. Codified Laws § 31-28-10 — SD Code / Title 31 / Chapter 28 / Section 31-28-10
Marking intrastate and interstate highways--Uniformity--Conformity with other states
Status: in_force

The department may classify, designate, and mark both intrastate and interstate highways lying within the boundaries of this state and provide a uniform system of marking and signing the highways under the jurisdiction of this state. The system of marking and signing shall correlate with and so far as possible conform to the system adopted in other states.

Source: SL 1929, ch 251, § 58; SDC 1939, § 44.0359; SL 2010, ch 145, § 139.
S.D. Codified Laws § 31-3-28 — SD Code / Title 31 / Chapter 3 / Section 31-3-28
Benefits considered in assessing damages
Status: in_force

The benefits to accrue to any owner, occupant, or claimant of land by reason of locating or changing any highway are to be considered by the commissioners or the viewers in the determination and award of damages for the same.

Source: PolC 1877, ch 29, § 40; CL 1887, § 1230; RPolC 1903, § 1635; RC 1919, § 8624; SDC 1939, § 28.0616.
S.D. Codified Laws § 31-12-27 — SD Code / Title 31 / Chapter 12 / Section 31-12-27
Tax levy for secondary roads in unorganized territory
Status: in_force

Each board of county commissioners may levy annually a tax upon the taxable property within the county not included in any municipality, organized civil township, improvement district organized pursuant to chapter 7-25A , or county road district organized pursuant to chapter 31-12A , to carry out the provisions of § 31-12-26 . If a county levies a tax, the tax shall be certified, become payable and delinquent, and, if not paid, shall draw interest and penalty as other county taxes. The tax shall be used for such purposes.

Source: SDC 1939, § 28.0408; SL 1992, ch 60, § 2; SL 1995, ch 170, § 2; SL 2002, ch 143, § 1; SL 2011, ch 136, § 2.
S.D. Codified Laws § 31-34-7 — SD Code / Title 31 / Chapter 34 / Section 31-34-7
Township eligibility--Contents of plan--Updates
Status: in_force

To be eligible to receive funding from the rural access infrastructure fund established under this chapter, a township shall, each year by August thirty-first, submit to the county that township is located in, a township small structure improvement plan and any updates shall be made in accordance with this section. The township small structure improvement plan shall include:

(1) One or more maps showing the location of all small structures within the township;

(2) The location, width, and length of each small structure;

(3) A report on the condition of each small structure;

(4) Whether the small structure is posted for load capacity, and if so, what the posted limits are;

(5) A list of all small structure improvement projects proposed to be undertaken by the township over the next five years including the location of the project, type of project, source of funding for the project, estimated cost of the project, and the year the project is proposed to be completed; and

(6) Such additional items as may be prescribed by the Department of Transportation.

Source: SL 2021, ch 129, § 7, eff. Mar. 25, 2021; SL 2022, ch 92, § 5.
S.D. Codified Laws § 31-32-6 — SD Code / Title 31 / Chapter 32 / Section 31-32-6
Duty to notify where bridge or highway is obstructed
Status: in_force

It shall be the duty of every person who so injures or obstructs any bridge or highway as to render the same unsafe immediately to put up a danger sign and use diligence to notify one or more of the members of the board or commissioners having jurisdiction or supervision over such bridge or highway of such injury or obstruction. A violation of this section is a petty offense.

Source: SL 1917, ch 258, §§ 1, 2; RC 1919, §§ 8587, 8588; SL 1919, ch 223; SDC 1939, §§ 28.0912, 28.9908; SDCL, § 31-32-8 .
S.D. Codified Laws § 31-12-12 — SD Code / Title 31 / Chapter 12 / Section 31-12-12
Small projects--Advertising, private contract, or county work permitted
Status: in_force

Any road, tile, or culvert construction, repair work, or materials upon the county highway system, for which the county highway superintendent's estimated cost equals or is less than the amount provided for in § 5-18A-14 , may be advertised and let at a public letting by the board of county commissioners, may be let privately at a cost not to exceed the county highway superintendent's estimate, or may be built by day labor.

Source: SDC 1939, § 28.0309; SL 1972, ch 32, § 3; SL 1982, ch 223, § 1A; SL 1987, ch 211, § 1; SL 2011, ch 2, § 133.
S.D. Codified Laws § 31-29-80.1 — SD Code / Title 31 / Chapter 29 / Section 31-29-80.1
Directional sign program
Status: in_force

The transportation commission shall promulgate rules, pursuant to chapter 1-26 , to provide for a directional sign program to provide directional information on the right-of-way on the interstate and primary highway system for any business establishment, including any attraction, offering goods and services in the interest of the traveling public. The rules shall be developed in conformance with the manual on uniform traffic control devices and shall address permit application criteria; sign message and types of qualifying services; hours and periods of operation; qualifying distance to services; business sign priority; sign and panel locations and spacing; number and priority of signs per panel; sign and panel composition, size and color requirements; legend requirements; exit ramp sign size, spacing and message content; covering or removal of business signs; and erection and maintenance of signs and panels.

Source: SL 1979, ch 201, § 1; SL 1987, ch 210, § 16; SL 1991, ch 236; SL 2013, ch 133, § 1.
S.D. Codified Laws § 31-13-1.6 — SD Code / Title 31 / Chapter 13 / Section 31-13-1.6
Designation of road unsafe for vehicle travel as no maintenance road
Status: in_force

The board of township supervisors may designate a road that is unsafe for vehicle travel as a no maintenance road. The board shall identify the beginning and end point of the road designated as no maintenance. The board does not have any responsibility on a no maintenance road except to require removal or remediation of a manmade obstruction, if needed, to maintain the public access.

Source: SL 2015, ch 154, § 2.
S.D. Codified Laws § 31-4-236 — SD Code / Title 31 / Chapter 4 / Section 31-4-236
State Highway 391 from Nebraska to U.S. Highway 18
Status: in_force

The state trunk highway system includes the following in Oglala Lakota County:

From a point on the Nebraska state line near the northwest corner of section twenty-four, township thirty-five north, range forty-two west, thence north to U.S. Highway 18 near the northeast corner of section two, township thirty-five north, range forty-two west.

Source: SL 1984, ch 209, § 109; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 31-4-171 — SD Code / Title 31 / Chapter 4 / Section 31-4-171
State Highway 52 from State Highway 37 to U.S. Highway 81
Status: in_force

The state trunk highway system includes the following in Bon Homme and Yankton counties:

(1) From a point on State Highway 37 north of Springfield near the northwest corner of section one, township ninety - three north, range sixty west, thence east to State Highway 50 south of Tabor near the southeast corner of section thirty - five, township ninety - four north, range fifty - eight west;

(2) From a point on State Highway 50 west of Yankton near the northeast corner of section three, township ninety - three north, range fifty - seven west, thence southerly and easterly via Yankton to U.S. Highway 81 at the intersection of 4th Street and Broadway Street.

Source: SL 1984, ch 209, § 44.
S.D. Codified Laws § 31-10-13 — SD Code / Title 31 / Chapter 10 / Section 31-10-13
Toll-free operation of acquired bridge
Status: in_force

Subsequent to the acceptance of title to and responsibility for that portion of any bridge, in the manner set forth in § 31-10-12 , the department may operate the bridge, in conjunction with the proper governmental authority of an adjoining state, free of tolls.

Source: SL 1953, ch 320, § 2; SDC Supp 1960, § 28.1443; SL 2010, ch 145, § 90.
S.D. Codified Laws § 31-24-1 — SD Code / Title 31 / Chapter 24 / Section 31-24-1
Duty of highway authorities to provide access to abutting property at public expense--New construction
Status: in_force

If the construction, improvement, and repair of any public highway by the state, or by any county or township, leaves a ditch or elevation along the roadside and deprives any abutting landowner of easy and convenient access from the owner's land to the highway, the highway authority, except as provided by chapters 31-7 and 31-8 , shall provide the owner of the abutting tract or farm, as well as each church, school, park, playground, or other public building or ground, with one point of easy and convenient access to a public highway by constructing at the public expense, such grades, approaches, bridges, culverts, or other structures as may be necessary for that purpose. However, the provision authorizing construction of entrances at the expense of the authority having charge of the maintenance only applies to new construction.

Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 113.
S.D. Codified Laws § 31-22-2 — SD Code / Title 31 / Chapter 22 / Section 31-22-2
Inability to agree with servient landowner--Application to board of county commissioners--Contents of application--Notice to servient landowner--Contents of notice--Service of notice
Status: in_force

If the owner of such an isolated tract is unable to agree with the owner of surrounding lands for purchase of a right - of - way from such isolated tract of land to a public highway, he may apply to the board of county commissioners for relief, making his application in writing and describing the isolated tract and the surrounding land over which a right - of - way is desired. The county commissioners shall thereupon cause to be served upon the owner or owners of such surrounding land a notice in writing of a time when such board will visit such land and lay out one right - of - way across such surrounding land, and assess the damages therefor, which notice shall be served at least five days prior to the date set for such visit and appraisal.

Source: SL 1935, ch 179, § 2; SDC 1939, § 28.0802.
S.D. Codified Laws § 31-26-20 — SD Code / Title 31 / Chapter 26 / Section 31-26-20
Cost of adjusting lines to minimum height--Acquisition of new highway right-of-way--Items excluded from cost
Status: in_force

Costs of adjusting said lines to conform to the minimum height as set out in § 31-26-19 may only be assumed by the governmental body having jurisdiction of said public highway where said adjustment results from the acquisition of new highway right - of - way in which the utility has an interest.

Said costs shall not include salvage, depreciation, or betterment values to the utility.

Source: SL 1921, ch 251; SDC 1939, § 28.1004; SL 1965, ch 134.
S.D. Codified Laws § 31-13-13 — SD Code / Title 31 / Chapter 13 / Section 31-13-13
Joint contracts for construction and maintenance of township roads
Status: in_force

The board of supervisors of any township may jointly contract with the county of which the township is a part, and also with any municipality within or adjoining the township, for the laying out, construction, graveling, hard surfacing, or maintenance of designated township roads. The agreement shall designate the governing board to be charged with contracting for performance of the work, provide for supervision of the work and allocate the costs between the units of government participating. The board of township supervisors may also contract with any other political subdivision, homeowners' association, or rural subdivision developer to perform maintenance work on any road that is not on the township road system. Maintenance work performed on a road under contract does not imply dedication or acceptance of the road to the township road system.

Source: SDC 1939, § 28.0314 as added by SL 1943, ch 109; SL 1968, ch 125; SDCL Supp, § 31-13-13.1 ; SL 1974, ch 202, § 1; SL 2012, ch 158, § 4.
S.D. Codified Laws § 31-4-235 — SD Code / Title 31 / Chapter 4 / Section 31-4-235
U.S. Highway 385 from Nebraska to U.S. Highway 85
Status: in_force

The state trunk highway system includes the following in Fall River, Custer, Pennington, and Lawrence counties:

(1) From a point on the Nebraska state line in section eighteen, township twelve south, range eight east, thence north via Oelrichs to U.S. Highway 18 west of the northeast corner of section thirteen, township ten south, range seven east;

(2) From a point on U.S. Highway 18 in Hot Springs in section twenty - four, township seven south, range five east, thence north via Hot Springs near the east-west sixteenth line in the north half of section twenty - four, township six south, range five east;

(3) From a point on the west boundary of Wind Cave National Park near the northwest corner of section thirty - five, township five south, range five east, thence northwesterly via Pringle and Custer to U.S. Highway 16 in Custer in section twenty - six, township three south, range four east; and

(4) From U.S. Highway 16 in the northwest quarter of section twenty - two, township one south, range five east, thence northwesterly to U.S. Highway 85 near the north section line of section thirty - four, township five north, range three east.

Source: SL 1984, ch 209, § 108; SL 2026, ch 125, § 2.
S.D. Codified Laws § 31-4-148 — SD Code / Title 31 / Chapter 4 / Section 31-4-148
State Highway 25 from State Highway 50 to North Dakota
Status: in_force

The state trunk highway system includes the following in Bon Homme, Hutchinson, Hanson, Miner, Kingsbury, Clark, Day, Marshall, and Roberts counties:

(1) From a point on State Highway 50 east of Tyndall thence north via Scotland to U.S. Highway 18;

(2) From a point on State Highway 262 thence northerly to State Highway 34 east of Roswell;

(3) From a point on State Highway 34 west of Howard thence north via DeSmet to State Highway 28 southeast of Willow Lake;

(4) From a point on State Highway 28 east of Willow Lake thence north to U.S. Highway 212 east of Clark;

(5) From a point on U.S. Highway 212 west of Henry thence northerly via Webster to State Highway 10;

(6) From a point on State Highway 10 east of Lake City thence northeasterly via Veblen to the North Dakota state line.

Source: SL 1984, ch 209, § 21; SL 1986, ch 236, § 2; SL 1992, ch 202, § 2; SL 2008, ch 145, § 1.
S.D. Codified Laws § 31-27-2 — SD Code / Title 31 / Chapter 27 / Section 31-27-2
Power of Department of Transportation respecting details of grade crossing--Approval of plans and specifications--Separation of grade--Watchmen and safety systems
Status: in_force

The Department of Transportation may determine, order, and prescribe in accordance with the plans and specifications to be approved by it, the reasonable manner, including the particular point of crossing, at which the tracks or other facilities of any line of railroad may be constructed across the tracks or any other facilities of any other line of railroad, or of any street, or highway, at grade, or above or below grade, or at the same or different levels, or at which the tracks or other facilities of any railroad company or companies may be constructed across the track or facilities of any other railroad company, or across any public highway, street at grade, or above or below grade, or at which any public highway may be constructed across the tracks or other facilities of any railroad company at grade or above or below grade; and may determine, order, and prescribe the terms and conditions of installation and operation, maintenance, and protection of all such crossings, which may be constructed, including any watchman thereat, or the installation and regulation of lights, blocks, interlocking, or other systems, or devices of signaling, safety appliance devices, or such other means or instrumentalities as the department determines reasonable and necessary to the end, intent, and purpose that accidents may be prevented and the safety of the public promoted.

Source: SL 1919, ch 292; SDC 1939, § 28.1101; SL 1980, ch 322, § 112.
S.D. Codified Laws § 31-32-14 — SD Code / Title 31 / Chapter 32 / Section 31-32-14
Approved ingress and egress excepted from highway use restriction
Status: in_force

The provisions of § 31-32-13 do not, in any way, interfere with the rights of any person to use such means of ingress or egress to a place of business as are approved as to safety and design by the Department of Transportation and as are reasonably useful for the business conducted by the person on privately owned property.

Source: SL 1941, ch 137; SDC Supp 1960, § 28.0916; SL 2010, ch 145, § 176.
S.D. Codified Laws § 31-23-2 — SD Code / Title 31 / Chapter 23 / Section 31-23-2
Laborer's or materialman's suit on bond--Time for payment
Status: in_force

Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which such a performance bond is furnished under § 31-23-1 and who has not been paid in full therefor before the expiration of a period of six months after the day on which the last of the labor was done or performed by him or material furnished or supplied by him for which such claim is made, shall have the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute said action to final execution and judgment for the sum or sums justly due him.

Source: SL 1941, ch 135, § 2; SDC Supp 1960, § 28.1602.
S.D. Codified Laws § 31-26-8 — SD Code / Title 31 / Chapter 26 / Section 31-26-8
"Person" including other entities
Status: in_force

For the purpose of this chapter, the term, person, includes any natural person, firm, association, limited liability company, corporation, federal agency, state or political subdivision or agency thereof, or any body politic.

Source: SDC 1939, § 28.1001 as added by SL 1953, ch 149, § 1; SL 1994, ch 351, § 51.
S.D. Codified Laws § 31-29-80.2 — SD Code / Title 31 / Chapter 29 / Section 31-29-80.2
Funding of directional sign program
Status: in_force

The Department of Transportation may use federal aid interstate and primary funds and state highway funds to participate in the cost and erection of such signs. The department may also receive and expend money furnished by the firm whose name or logo is displayed on the sign to cover the cost of the business sign. The Transportation Commission may adopt rules pursuant to chapter 1-26 to establish a uniform annual assessment and initial fee to the advertiser to cover the cost of maintaining and erecting such signs. All fees and assessments pursuant to this section shall be credited to the state highway fund.

Source: SL 1979, ch 201, § 2; SL 1987, ch 210, § 17.
S.D. Codified Laws § 31-29-65 — SD Code / Title 31 / Chapter 29 / Section 31-29-65
Size standards and criteria
Status: in_force

The standards and criteria for size of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:

(1) The maximum area of any one sign facing any one direction shall be twelve hundred square feet but which in no instance may exceed thirty feet in height and sixty feet in length including border and trim, but not supports or apron; and

(2) The maximum size limitations provided in subdivision (1) of this section apply to each side of a sign structure; and signs placed back-to-back, side-by-side, or in V-type construction with no more than two displays to each facing. Such sign structure shall be considered as one sign.

Source: SL 1977, ch 246, § 5 (1); SL 1979, ch 202, § 15; SL 2010, ch 145, § 157.
S.D. Codified Laws § 31-2-39 — SD Code / Title 31 / Chapter 2 / Section 31-2-39
Final judgment against state--Payment from state highway fund
Status: in_force

No execution may issue against the state on any final judgment obtained under the provisions of this chapter. However, if final judgment against the state has been obtained in any such action as provided by this chapter, the clerk of the court, wherein the final judgment was obtained, shall forthwith send a certified copy of the judgment by registered or certified mail to the secretary of transportation, and to the state auditor. The auditor shall audit the amount of damages and costs therein finally awarded. The state treasurer shall pay the damages and costs out of the state highway fund.

Source: SL 1964, ch 110, § 6; SL 2010, ch 145, § 14.
S.D. Codified Laws § 31-30-6 — SD Code / Title 31 / Chapter 30 / Section 31-30-6
Acquisition of junk yards that cannot be screened
Status: in_force

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

Source: SL 1966, ch 86, § 7; SL 2010, ch 145, § 165.
S.D. Codified Laws § 31-17-8 — SD Code / Title 31 / Chapter 17 / Section 31-17-8
Township boundary line highways--Resolution calling for contribution
Status: in_force

The board of supervisors of an organized township, to be called, moving townships, may by resolution declare the necessity of the construction, improvement, or repairing of a township boundary line highway and call upon an adjoining organized township with which said highway forms a common boundary line, to contribute equally to the cost of such construction, improvement, or repair.

Source: SL 1961, ch 152, § 2.
S.D. Codified Laws § 31-29-67 — SD Code / Title 31 / Chapter 29 / Section 31-29-67
Spacing standards and criteria
Status: in_force

The standards and criteria for spacing of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:

(1) Within municipalities signs shall conform to any applicable building codes and ordinances relating to spacing except that no such sign may be located closer than one hundred feet from an existing off-premises sign on a state nonlimited access primary highway and no closer than five hundred feet from any existing off-premise sign on a limited access primary highway or on an interstate highway;

(2) Outside of municipalities no off-premise sign may be erected adjacent to a limited primary access highway or interstate highway closer than five hundred feet, nor adjacent to a nonlimited access highway closer than three hundred feet, to an existing off-premise sign;

(3) Neither inside nor outside of municipalities may any sign be erected or maintained in such a location as to prevent the driver of a vehicle from having an effective view of any official traffic control device applicable to the driver or to approaching, intersecting, or merging traffic and highways within five hundred feet of such sign; and

(4) Double-faced, back-to-back, and V-type signs shall be considered as a single sign structure for purposes of these usages.

The above spacing provisions do not apply to structures separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distance is visible from the highway at any one time. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and applies only to structures located on the same side of the highway.

Source: SL 1977, ch 246, § 5 (3); SL 1979, ch 202, § 9; SL 2010, ch 145, § 158.
S.D. Codified Laws § 31-19-3 — SD Code / Title 31 / Chapter 19 / Section 31-19-3
Condemnation--Petition--Parties defendant--Contents of petition--Verification
Status: in_force

If land or material is to be acquired by condemnation, the Department of Transportation, on behalf of the state and in its name, shall file a petition in the circuit court for the county in which the property to be taken or damaged is situated, praying that the just compensation be made and such property be ascertained by a jury and shall name the Department of Transportation as the department of the state government desiring to take or damage the property on behalf of the state as plaintiff. All persons having an interest in or a lien upon the property affected by the proceedings shall be named as defendants so far as they may be known at the time of the filing of the petition. It shall contain a description of the property to be taken or damaged and shall contain a copy of the related resolution of necessity that was passed by the Transportation Commission. The purpose for which the property is to be taken or damaged shall be clearly set forth in the petition. It is not necessary to specify the interest or claim of the several defendants in the land or property affected by the proceedings. The petition shall be signed and verified in the manner and as provided by § 15-6-11 relating to the signing of pleadings in the circuit courts.

Source: SL 1939, ch 113, § 2; SDC Supp 1960, § 28.13A02; SL 1966, ch 83; SL 2004, ch 196, § 4.
S.D. Codified Laws § 31-3-9 — SD Code / Title 31 / Chapter 3 / Section 31-3-9
Resolution and order--Entry in minutes--Publication
Status: in_force

Such resolution and order shall be printed in the minutes of the meeting of the board and the resolution shall be published in the official newspaper of said township, if any, otherwise in the nearest legal newspaper to said highway, once each week for at least two consecutive weeks, and such highway shall be, after a lapse of thirty days, vacated, changed, or located, without further proceedings unless appeal as provided for in this chapter.

Source: SDC 1939, § 28.0411; SL 1951, ch 138, § 1; SL 1972, ch 166, § 1; SL 1985, ch 233, § 4.
S.D. Codified Laws § 31-7-4 — SD Code / Title 31 / Chapter 7 / Section 31-7-4
Location and alignment of interstate highways
Status: in_force

The department may determine the location of toll-free highways along alignments consistent with interstate highway standards.

Source: SL 1955, ch 104, § 3; SDC Supp 1960, § 28.0233 (1); SL 2010, ch 145, § 51.
S.D. Codified Laws § 31-4-138 — SD Code / Title 31 / Chapter 4 / Section 31-4-138
U.S. Highway 16 from Wyoming to Interstate Highway 190
Status: in_force

The state trunk highway system includes the following in Custer and Pennington counties:

From a point on the Wyoming state line on the west line of section thirty, township three south, range one east, thence easterly and northeasterly via Custer and Hill City to the intersection of 8th Street and Omaha Street in Rapid City, thence westerly to Interstate Highway 190 at the intersection of West Boulevard and Omaha Street.

Source: SL 1984, ch 209, § 11.
S.D. Codified Laws § 31-29-80.3 — SD Code / Title 31 / Chapter 29 / Section 31-29-80.3
Standards for directional signs submitted to federal government--Rules
Status: in_force

The secretary of the Department of Transportation shall submit standards to the United States Department of Transportation for allowing off of the right - of - way directional and official signs as authorized pursuant to 23 U.S.C. § 131(c)(1) and 23 CFR, Part 750, Subpart (B). The Transportation Commission shall promulgate rules pursuant to chapter 1-26 to establish criteria and selection methods in conformance with 23 CFR, Part 750, Subpart (B). The rules shall set forth permit application requirements; qualifying directional and official signs; eligibility criteria and standards; sign size, number, location, lighting, and spacing restrictions; sign message content; and erection and maintenance criteria and standards.

Source: SL 1979, ch 201, § 3; SL 1987, ch 210, § 18.
S.D. Codified Laws § 31-21-2 — SD Code / Title 31 / Chapter 21 / Section 31-21-2
Form of notice
Status: in_force

The notice required by § 31-21-1 may be in substantially the following form:

Whereas it appears from the affidavit of ____ that the road from ____ to ____ passes through a swamp, bog, pond, or lowland, and that in the opinion of such affiant a ditch should be opened through land belonging to ____ for the purpose of draining such swamp;

Now therefore you are hereby notified that the board of township supervisors (or the board of county commissioners) will on the ____ day of ____, 20__, examine the premises over which such ditch is to pass, will hear any objections which may be made in the matter, and will consider the amount of damages which in its opinion will be just compensation to the owners of land in consequence of the opening of such ditch.

Source: SL 1883, ch 112, § 87; CL 1887, § 1335; RPolC 1903, § 1740; RC 1919, § 8598; SDC 1939, § 28.1201.
S.D. Codified Laws § 31-5-11 — SD Code / Title 31 / Chapter 5 / Section 31-5-11
Improvements to trunk system--Payments upon estimates approved by department--Vouchers
Status: in_force

Payments from all funds made available for road and bridge construction contracts for the trunk highway system shall be made from time to time by the state treasurer upon estimates approved by the department. Upon partial payments made upon signed contracts, the approval of the department on such partial payment vouchers is sufficient proof of correctness, and the oath of the payee is not required in this case.

Source: SL 1919, ch 333, § 57; SDC 1939, § 28.0214; SL 1984, ch 207, § 27; SL 2010, ch 145, § 33.
S.D. Codified Laws § 31-13-1.2 — SD Code / Title 31 / Chapter 13 / Section 31-13-1.2
Posting of warning signs on minimum maintenance roads
Status: in_force

The board of township supervisors shall post signs on a minimum maintenance road to notify the motoring public that it is a minimum maintenance road and that the public travels on the road at its own risk. The signs shall be posted at the entry points to and at regular intervals along a minimum maintenance road. A properly posted sign shall be prima facie evidence that adequate notice of a minimum maintenance road has been given to the motoring public.

Source: SL 1989, ch 252, § 3.
S.D. Codified Laws § 31-13-58 — SD Code / Title 31 / Chapter 13 / Section 31-13-58
Approval of conservation district for repair of erosion damage--Notice to landowner--Declaration
Status: in_force

No operations to repair erosion damage pursuant to § 31-13-57 may be undertaken by the township unless the conservation district in which the land is located has by resolution approved such action and until a notice that the erosion on the lands constitutes a nuisance has been given to the owner by the township. Notice shall be given by personal service upon the owner or by personal service upon the person in actual possession of the premises, with a copy of the declaration filed in the office of the county auditor. The declaration shall state that unless the owner corrects the damage within thirty days of the declaration, repairs shall be undertaken by the township, and the cost shall be assessed against the landowner's property if not paid before the first of November. The resolution of assessment shall be recorded in the minutes of the board of county commissioners, the original delivered by the clerk of the board to the county auditor, and a copy sent by registered mail to the landowner at the address shown on the records of the county auditor and to the operator.

Source: SL 1991, ch 233, § 4; SL 1992, ch 203, § 2.
S.D. Codified Laws § 31-12A-15.1 — SD Code / Title 31 / Chapter 12A / Section 31-12A-15.1
Notice of meeting and election--Contents--Notice upon vacancy
Status: in_force

Notice of the meeting and election required by § 31-12A-15 shall be given by the secretary-treasurer by one publication in a legal newspaper of general circulation in each county in which the district is situated or notice may be given by posting in a public place within the district and delivering the notice to each eligible voter of the district. The notice shall include the time and place of the election and candidate names for each vacancy to be filled at the election. The meeting shall be held not less than seven days nor more than fourteen days after the date of publication or delivery of the notice.

The same type of notice shall be given setting forth each vacancy occurring by termination of the term of office of any elective officer. The notice shall also state the time and place where nominating petitions may be filed for each office. The notice shall be given not less than thirty days prior to the deadline for filing nominating petitions.

Source: SL 2002, ch 144, § 2; SL 2005, ch 152, § 1; SL 2014, ch 46, § 12.
S.D. Codified Laws § 31-4-209 — SD Code / Title 31 / Chapter 4 / Section 31-4-209
State Highway 224 from Alpena to State Highway 37
Status: in_force

The state trunk highway system includes the following in Jerauld and Sanborn counties:

From a point in Alpena near the southwest corner of section two, township one hundred eight north, range sixty - three west, thence east via Alpena to State Highway 37 south of Huron near the southeast corner of section one, township one hundred eight north, range sixty - two west.

Source: SL 1984, ch 209, § 82.
S.D. Codified Laws § 31-4-194 — SD Code / Title 31 / Chapter 4 / Section 31-4-194
State Highway 130 from U.S. Highway 12 to State Highway 271
Status: in_force

The state trunk highway system includes the following in Walworth County:

From U.S. Highway 12 in Selby near the northwest corner of section four, township one hundred twenty - three north, range seventy - six, west, thence east to State Highway 271 near Java near the northeast corner of section four, township one hundred twenty - three north, range seventy - five west.

Source: SL 1984, ch 209, § 67.
S.D. Codified Laws § 31-19-65 — SD Code / Title 31 / Chapter 19 / Section 31-19-65
Functional replacement of real property in public ownership
Status: in_force

The Department of Transportation may, pursuant to state law, incur costs for the functional replacement of real property in public ownership. For the purpose of this section, functional replacement is defined as the replacement of real property, either lands or facilities, or both, acquired as a result of a highway or highway related project with lands or facilities, or both, which will provide equivalent utility.

Application of this law requires that:

(1) The property to be functionally replaced is in public ownership and its replacement is in the public interest;

(2) The owning agency desiring the functional replacement submits a formal request to the Department of Transportation to take such action;

(3) The current fair market value of the land or facility, or both, to be acquired for highway purposes is determined by appraisal; and

(4) Replacement sites and construction are in compliance with existing codes, laws, and zoning regulations for the area in which the facility will be relocated.

Source: SL 1991, ch 234, § 1.
S.D. Codified Laws § 31-10-10 — SD Code / Title 31 / Chapter 10 / Section 31-10-10
Liability for payments limited to state highway fund
Status: in_force

The State of South Dakota is under no obligation to make any payments on account of any agreement entered into under §§ 31-10-2 to 31-10-11 , inclusive, out of any fund other than the state highway fund.

Source: SL 1947, ch 132, § 6; SDC Supp 1960, § 28.1430; SL 2010, ch 145, § 87.
S.D. Codified Laws § 31-13-44 — SD Code / Title 31 / Chapter 13 / Section 31-13-44
Assessment of costs to abutting property--Computation on front foot basis
Status: in_force

The cost of the improvement, except the cost of street intersections, may be assessed to the property fronting or abutting on the improvement. The cost of each portion of the project on which the construction is by resolution substantially uniform shall be divided by the number of feet fronting or abutting on said portion of the project. The quotient shall be the rate of assessment per front foot throughout said portion of the project on which such uniformity exists.

Source: SL 1979, ch 197, § 12.
S.D. Codified Laws § 31-3-4 — SD Code / Title 31 / Chapter 3 / Section 31-3-4
Location on boundary line--Half of highway taken from each side
Status: in_force

When a public highway is laid out and located upon a line dividing the land of two individuals, but not on the section line, one - half of the same must be taken, if practicable, from the land of each, provided whenever the taking of more land from one individual than the other will result in better alignment, less costly construction, or will save valuable trees or buildings from destruction, the highway may be laid out and the right - of - way taken unequally from said owners.

Source: PolC 1877, ch 29, § 44; CL 1887, § 1234; RPolC 1903, § 1639; RC 1919, § 8619; SDC 1939, § 28.0113; SL 1953, ch 134.
S.D. Codified Laws § 31-20-1 — SD Code / Title 31 / Chapter 20 / Section 31-20-1
Location of highway across school, endowment, or other state lands--Approval by commissioner of school and public lands
Status: in_force

If deemed necessary by the Department of Transportation in order to avoid natural obstructions, to make a shorter system route, to eliminate curves, or to avoid valuable improvements, a highway may be located over and across any common school, endowment, or other state lands in the manner provided by law for laying out public highways, subject to the approval of the commissioner of school and public lands.

Source: SL 1909, ch 32, § 1; SL 1915, ch 214, § 1; RC 1919, § 8614; SDC 1939, § 28.0108; SL 1953, ch 133; SL 2010, ch 145, § 112.
S.D. Codified Laws § 31-4-4 — SD Code / Title 31 / Chapter 4 / Section 31-4-4
Relocations, additions, and alterations in system--Purposes
Status: in_force

No change may be made in the state trunk highway system, except that the transportation commission may make relocations, additions, and alterations in portions of the system it considers necessary for the purpose of bringing into and connecting the system with all presently unconnected first and second class municipalities having a population of more than four hundred fifty according to the last federal census and for shortening the system distances between the interconnected county seats and connected municipalities of four hundred fifty or more population. The commission may also make relocations, additions, and alterations which make continuous the route of any state trunk highway through any municipality of over twenty - five hundred population or to improve the highway grade, or to eliminate a railroad crossing or crossings, or to avoid heavy city street traffic, or to construct a bypass around or alternate route through a municipality, with the consent of the governing body of such municipality affected and with a limitation of a maximum of five miles in length on each addition.

Source: SL 1919, ch 333, § 46; SL 1923, ch 284, § 3; SDC 1939, § 28.0210; SL 1939, ch 107, § 2; SL 1957, ch 123; SL 1964, ch 94; SL 1968, ch 124; SL 1984, ch 209, § 1.
S.D. Codified Laws § 31-21-12 — SD Code / Title 31 / Chapter 21 / Section 31-21-12
Civil liability for obstruction of ditch
Status: in_force

Any person who shall dam up, obstruct, or in any way injure any ditch opened pursuant to this chapter shall be liable to the township or county in double the damages which shall be assessed by the jury or court trying the case for such injury.

Source: SL 1883, ch 112, § 92; CL 1887, § 1340; RPolC 1903, § 1745; RC 1919, § 8603; SDC 1939, § 28.1207.
S.D. Codified Laws § 31-3-8 — SD Code / Title 31 / Chapter 3 / Section 31-3-8
Resolution and order of board--Description of land--Map maintained by county auditor--Recording
Status: in_force

The resolution and order provided for in § 31-3-7 shall describe the highway vacated, changed, or located in general language by description of the land across which the highway extends, or by landmarks or survey designate the particular highway intended. The county auditor shall prepare and maintain a current map showing the course and location of all county highways within or on the border of the county. The county auditor shall, within thirty days of the resolution and order provided for in § 31-3-7 , make those changes to the map as necessary to reveal the course and location of any county highway vacated, changed, or located. A certified copy of the resolution and order shall be filed with the register of deeds.

Source: SDC 1939, § 28.0412; SL 1985, ch 233, § 3; SL 1998, ch 167, § 1; SL 2012, ch 155, § 1.
S.D. Codified Laws § 31-7-14 — SD Code / Title 31 / Chapter 7 / Section 31-7-14
Trunk highway system unaffected
Status: in_force

The provisions of this chapter do not alter the duties of the department in laying out, constructing, or maintaining the state trunk highway system, nor do they prohibit or require that the interstate system follow or cease to follow any of the designated portions of the state trunk system.

Source: SL 1955, ch 104, § 6; SDC Supp 1960, § 28.0236; SL 2010, ch 145, § 60.
S.D. Codified Laws § 31-29-66 — SD Code / Title 31 / Chapter 29 / Section 31-29-66
Lighting standards and criteria
Status: in_force

The standards and criteria for lighting of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:

(1) No revolving or rotating beam of light simulating an official emergency device is permitted. Signs with flashing lights of any color are not permitted, except illuminating signs giving such public service information as time, date, or temperature;

(2) External lighting, such as floodlights, thin - line and gooseneck reflectors, is permitted, if it is shielded so as to prevent the direction of rays of light to any part of the main - traveled way;

(3) No lighting is permitted which is of such brilliance or intensity so as to establish glare or reflection which would interfere with the effectiveness of any official traffic control device or official sign or interfere with the motorist's view of traffic conditions; and

(4) A changeable message sign is permitted as an off - premise sign, regardless of the technology used, if the message is changed not more than once every six seconds and if the message is not continuously scrolled.

Source: SL 1977, ch 246, § 5 (2); SL 1997, ch 178, § 1.
S.D. Codified Laws § 31-26-24 — SD Code / Title 31 / Chapter 26 / Section 31-26-24
Rural water pipelines covered by chapter
Status: in_force

The terms and provisions of this chapter shall also apply to the laying and construction of rural water pipelines insofar as they may be applicable thereto.

Source: SL 1977, ch 244, § 2.
S.D. Codified Laws § 31-13-48 — SD Code / Title 31 / Chapter 13 / Section 31-13-48
Corner lot costs assumed by township or assessed to other property
Status: in_force

In the resolution of necessity it may be provided that the township will pay any definite, specified portion or all of the cost of street improvements fronting or abutting on the long side of a corner lot, or it may be provided by a resolution that such portion of the cost may be spread as an area tax on the blocks fronting and abutting on said pavement so as to include one - half of the property between the street improved and the next street whether the property abuts the street. In no case may the property situated more than three hundred feet from the improvement be assessed.

Source: SL 1979, ch 197, § 16.
S.D. Codified Laws § 31-21-11 — SD Code / Title 31 / Chapter 21 / Section 31-21-11
Entry upon land for maintenance of ditch
Status: in_force

At any time after a ditch shall have been opened under this chapter it shall be lawful for the officer or person having the highway in charge, from time to time as it may be necessary, to enter upon the lands through which such ditch has been opened for the purpose of keeping it open and in good order and condition.

Source: SL 1883, ch 112, § 91; CL 1887, § 1339; RPolC 1903, § 1744; RC 1919, § 8602; SDC 1939, § 28.1205.
S.D. Codified Laws § 31-1-3 — SD Code / Title 31 / Chapter 1 / Section 31-1-3
Existing highways--Continuation as established
Status: in_force

All public highways lawfully established shall continue as established until changed or vacated as provided by law.

Source: RC 1919, § 8612; SDC 1939, § 28.0103; SL 2018, ch 168, § 1.
S.D. Codified Laws § 31-21-1 — SD Code / Title 31 / Chapter 21 / Section 31-21-1
Affidavit that ditch should be opened--Contents of affidavit--Notice of meeting of board of county commissioners--Examination of premises
Status: in_force

Whenever any officer or person having charge of any road shall file with the chairman of the township board of supervisors or board of county commissioners having jurisdiction of such road, his affidavit stating:

(1) That such road runs into or through any swamp, bog, or meadow, or other lowland;

(2) That it is necessary or expedient that a ditch should be opened through land belonging to any person;

(3) The probable length of such ditch and the width and depth of the same as near as possible, the point at which it is to commence, its general course, and the point near which it is to terminate;

(4) The names of persons owning the land, if known;

(5) A description of the land over which such ditch must pass; and

(6) That the road at that point cannot be made passable without extraordinary expense unless such ditch is laid out and opened;

Source: SL 1883, ch 112, § 87; CL 1887, § 1335; RPolC 1903, § 1740; RC 1919, § 8598; SDC 1939, § 28.1201.
S.D. Codified Laws § 31-19-26 — SD Code / Title 31 / Chapter 19 / Section 31-19-26
Service of declaration of taking--Registered or certified mail
Status: in_force

A copy of the declaration of taking filed pursuant to § 31-19-23 and amendments thereto shall be served with the condemnation petition or by mailing a copy thereof to each of the known defendants by registered or certified mail at their last known post office address.

Source: SL 1963, ch 195, § 1.
S.D. Codified Laws § 31-4-139.1 — SD Code / Title 31 / Chapter 4 / Section 31-4-139.1
U.S. Highway 16B from U.S. Highway 16 to Interstate Highway 90
Status: in_force

The state trunk highway system includes the following in Pennington County:

From a point on U.S. Highway 16 near the east - west quarter line of section twenty - six, township one north, range seven east, thence east and northerly to a point on Interstate Highway 90.

Source: SL 1988, ch 232; SL 1994, ch 237, § 1.
S.D. Codified Laws § 31-26-26 — SD Code / Title 31 / Chapter 26 / Section 31-26-26
Relocation of pipeline--When required
Status: in_force

When any highway along or under which a pipeline approved pursuant to § 31-26-25 has been constructed is changed, removal or relocation of the pipeline is not necessary if the owner or beneficiary of the pipeline and the board of county commissioners agree in writing that removal or relocation is not necessary. However, removal or relocation of a livestock pipeline is required if the board determines it is necessary to improve the highway or otherwise remove the pipeline for any county purpose.

Source: SL 1977, ch 244, § 3; SL 2023, ch 96, § 2.
S.D. Codified Laws § 31-3-5 — SD Code / Title 31 / Chapter 3 / Section 31-3-5
Damages assessed--Payment before use of road
Status: in_force

No public highway shall be opened, worked, or used until the damages assessed therefor shall be paid to the persons entitled thereto or deposited in the county treasury for their use, or they shall give their consent thereto in writing filed with the county auditor.

Source: SL 1867-8, ch 13, § 25; PolC 1877, ch 29, § 28; CL 1887, § 1216; RPolC 1903, § 1621; RC 1919, § 8620; SDC 1939, § 28.0114.
S.D. Codified Laws § 31-25-10 — SD Code / Title 31 / Chapter 25 / Section 31-25-10
Regulatory signs for unfenced roads in livestock grazing area--Application for erection
Status: in_force

Any person grazing livestock in an area where there are no fences along a road may apply to the governing body that has the responsibility to maintain that road to erect a regulatory sign that livestock will be at large along the road. If the governing body permits the erection of such signs, it shall erect at least one sign where the road enters the grazing area which shall state how far the grazing area continues and one sign where the road leaves the grazing area.

Source: SL 1983, ch 227, § 1.
S.D. Codified Laws § 31-21-9 — SD Code / Title 31 / Chapter 21 / Section 31-21-9
Appeal from decision to open ditch--Procedure applicable
Status: in_force

Any person through whose land any ditch described in § 31-21-7 shall pass may appeal from the decision of the supervisors or county commissioners to the circuit court for the county in which the premises are situated within the time and in the manner provided for other appeals from decisions of the board of county commissioners, and the proceedings upon such appeal shall be the same as upon other appeals from such board.

Source: SL 1883, ch 112, § 90; CL 1887, § 1338; RPolC 1903, § 1743; RC 1919, § 8601; SDC 1939, § 28.1204.
S.D. Codified Laws § 31-7-2 — SD Code / Title 31 / Chapter 7 / Section 31-7-2
Employment of personnel--Contracts in behalf of state--General powers of department
Status: in_force

The department may employ such assistants, agents, engineers, and engineering consultants and to enter into such contractual relations in behalf of the state and to do and perform all such acts as are necessary for the public good agreeable to the provisions of this chapter.

Source: SL 1955, ch 104, § 3; SDC Supp 1960, § 28.0233 (5); SL 2010, ch 145, § 49.
S.D. Codified Laws § 31-25-1.1 — SD Code / Title 31 / Chapter 25 / Section 31-25-1.1
Fences erected across unimproved section-line highways--Gates--Access to highways protected--Violation as misdemeanor
Status: in_force

A landowner may erect a fence across an unimproved county, township, or section - line highway. For the purposes of this section an unimproved county, township, or section - line highway is any county, township, or section line not commonly used as a public right - of - way and never altered from its natural state in any way for the purpose of facilitating vehicular passage. At any point where a fence crosses such highway, the landowner shall erect and maintain an unlocked gate which may be opened easily or provide other suitable access to the highway. If the gate or other access is not large enough or if the gate does not open easily enough to satisfy the needs of those using the highway, the landowner shall erect a larger gate or a gate that can be more easily opened or provide other suitable access to the highway. The landowner shall erect the larger gate or the gate which opens easily or provide the other suitable access upon a request filed with the sheriff of the county in which the land is located by an adversely affected person. If a request is filed, the sheriff shall notify the landowner. The landowner shall comply with the provisions of this section within seven days of notice. A landowner who violates any of the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1984, ch 215, § 2.
S.D. Codified Laws § 31-12A-35 — SD Code / Title 31 / Chapter 12A / Section 31-12A-35
Directors authorized to adjust boundaries of district--Limitations
Status: in_force

After the creation of a road district, minor adjustments to the boundaries of the district may be made by the directors, without referendum. Such adjustments may not delete lands from the district that have been subject to a special assessment during the budget year or the current year and such adjustments may not include additional land in the district without the written approval of the owner of the land.

Source: SL 2001, ch 159, § 7.
S.D. Codified Laws § 31-2-21 — SD Code / Title 31 / Chapter 2 / Section 31-2-21
Supervision of construction and maintenance of state trunk highway system, bridges, and culverts
Status: in_force

The Department of Transportation shall supervise the construction and maintenance of the state trunk highway system, its bridges, and culverts.

Source: SL 1919, ch 333, § 7; SDC 1939, § 28.0207; SL 1984, ch 207, § 18.
S.D. Codified Laws § 31-20-5 — SD Code / Title 31 / Chapter 20 / Section 31-20-5
Sale or donation of county tax lands for highway purposes--Appraisement and public sale unnecessary--Filing plat or dedication rendering subsequent sales subordinate--Procedure for conveyance--Reversion for nonuser
Status: in_force

Whenever the board of county commissioners determines that it is in the public interest, and in particular, to the interest of the county, the board may donate or sell and convey by quitclaim deed or easement to the State of South Dakota, for highway right - of - way purposes, the county's interest in any land it may have acquired by tax deed proceedings, without complying with chapter 6-13 , or may dedicate for highway purposes any land it may have so acquired by filing a plat or dedication of same fully describing the bounds of said right - of - way, and thereafter, all conveyances made of said land shall be made subject to the conveyance, grant or dedication of said right - of - way. All such conveyances, easements, or dedications shall be executed in the name of the county, by the chairman of the board of county commissioners, and attested by the county auditor, and shall contain a provision that when said property conveyed or dedicated ceases for the period of two years to be used as a public highway same shall revert to the county or its assigns.

Source: SL 1943, ch 40, § 1; SDC Supp 1960, § 12.3405; SL 1989, ch 30, § 57.
S.D. Codified Laws § 31-29-71.1 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.1
Fee for permit--Exception
Status: in_force

Any application for the permit required by § 31-29-71 shall be accompanied by the fee specified by the following schedule:

(1) If the advertising area does not exceed one hundred square feet, the fee is sixteen dollars;

(2) If the area exceeds one hundred square feet but does not exceed three hundred square feet, the fee is twenty-four dollars;

(3) If the area exceeds three hundred square feet but does not exceed five hundred square feet, the fee is thirty-two dollars;

(4) If the area exceeds five hundred square feet but does not exceed seven hundred square feet, the fee is forty dollars;

(5) If the area exceeds seven hundred square feet but does not exceed nine hundred square feet, the fee is forty-eight dollars;

(6) If the area exceeds nine hundred square feet but does not exceed one thousand one hundred square feet, the fee is sixty-four dollars;

(7) If the area exceeds one thousand one hundred square feet, the fee is seventy-two dollars.

A sign less than sixty-five square feet owned and maintained by a church is exempt from the fees under this section.

Source: SL 1985, ch 236, § 3; SL 1986, ch 239; SL 2010, ch 149, § 1.
S.D. Codified Laws § 31-30-3 — SD Code / Title 31 / Chapter 30 / Section 31-30-3
Nonconforming junk yards prohibited--Proximity to highway--Screening
Status: in_force

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

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

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

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

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

Source: SL 1966, ch 86, § 4; SL 1987, ch 210, § 20.
S.D. Codified Laws § 31-31-5 — SD Code / Title 31 / Chapter 31 / Section 31-31-5
Failure of abutting landowner to remove weeds--Removal by board of supervisors--Compensation for removal
Status: in_force

If the owner or occupant of land abutting upon or adjoining township roads does not cut, remove, or destroy, or cause to be cut, removed, or destroyed, the grass, weeds, trees, crops, or brush in the right - of - way of such roads between the first day of September and the first day of October, or between the dates annually fixed by the board, the board of supervisors of the township in which the land is located may employ a person or persons to immediately cut and remove the grass, weeds, trees, crops, and brush on or in the right - of - way of such township roads with compensation at a rate to be fixed and paid by the board.

Source: SDC 1939, § 62.0202; SL 1939, ch 295, § 3; SDC Supp 1960, § 62.0203; SL 1983, ch 228, § 2; SL 1992, ch 204, § 3; SL 2022, ch 91, § 3.
S.D. Codified Laws § 31-17-15 — SD Code / Title 31 / Chapter 17 / Section 31-17-15
Township boundary line highways--Cumulative effect of provisions for equal contribution
Status: in_force

Sections 31-17-7 to 31-17-14 , inclusive, shall be cumulative to any existing rights or remedies of townships.

Source: SL 1961, ch 152, § 9.
S.D. Codified Laws § 31-10-3 — SD Code / Title 31 / Chapter 10 / Section 31-10-3
Acquisition and maintenance of boundary state highway bridges
Status: in_force

The department may acquire by purchase or condemnation, construct, and maintain boundary state highway bridges.

Source: SL 1947, ch 132, § 2; SDC Supp 1960, § 28.1426; SL 2010, ch 145, § 82.
S.D. Codified Laws § 31-34-1 — SD Code / Title 31 / Chapter 34 / Section 31-34-1
Definition
Status: in_force

For the purposes of this chapter, the term, small structure, means any small bridge or culvert with an opening of sixteen square feet or more located on a township road or county secondary road, excluding bridges as defined in § 31-14-1 .

Source: SL 2021, ch 129, § 1, eff. Mar. 25, 2021.
S.D. Codified Laws § 31-28-5 — SD Code / Title 31 / Chapter 28 / Section 31-28-5
Standard traffic control devices and markings--Adoption and erection--Uniformity of design
Status: in_force

The Department of Transportation shall specify and may cause to be erected the standard traffic control devices and markings it considers necessary along the trunk highway system. The devices and markings shall be of uniform design throughout the state.

Source: SL 1919, ch 333, § 53; SL 1923, ch 284, § 4; SDC 1939, § 28.0901; SL 1941, ch 130; SL 1984, ch 207, § 70.
S.D. Codified Laws § 31-12-26 — SD Code / Title 31 / Chapter 12 / Section 31-12-26
Responsibility for secondary roads in unorganized territory
Status: in_force

Each board of county commissioners and county superintendent of highways in organized counties shall construct, repair, and maintain all secondary roads within the counties not included in any municipality, organized civil township, improvement district organized pursuant to chapter 7-25A , or county road district organized pursuant to chapter 31-12A .

Source: SDC 1939, § 28.0408; SL 1992, ch 60, § 2; SL 1995, ch 170, § 1; SL 2011, ch 136, § 1.
S.D. Codified Laws § 31-4-1 — SD Code / Title 31 / Chapter 4 / Section 31-4-1
State trunk highway system designated by Legislature--Primary factors to be considered--Limitation on removal from state trunk highway system
Status: in_force

The state trunk highway system shall be as designated by the Legislature in statute. In designating the state trunk highway system, the Legislature shall consider, but not be limited to, the following primary factors:

(1) Highways which are functionally classified as arterials as approved by the Federal Highway Administration and which provide farm to market access;

(2) Highways providing service to a state or federal recreational access area;

(3) The proximity of other state trunk highways and highways providing duplicating or similar service;

(4) The cost of construction, maintenance, right - of - way, and the extent of needs on the state system;

(5) The traffic volumes and other traffic survey data; and

(6) The desirability of providing an integrated system to serve interstate travel, county seats, and cities of four hundred fifty population or greater.

An existing highway segment may not be removed from the state trunk highway system unless an agreement for transfer of maintenance responsibility has been executed by the Department of Transportation and the local government unit to which the title and maintenance responsibility would be transferred.

Source: SDC 1939, § 28.0209; SL 1939, ch 107, § 1; SL 1953, ch 139; SL 1999, ch 148, § 1.
S.D. Codified Laws § 31-4-202 — SD Code / Title 31 / Chapter 4 / Section 31-4-202
U.S. Highway 183 from Nebraska to Interstate Highway 90
Status: in_force

The state trunk highway system includes the following in Tripp and Lyman counties:

(1) From a point on the Nebraska state line south of Wewela near the southwest corner of section thirty - one, township ninety - five north, range seventy - five west, thence north to U.S. Highway 18 at Colome north of the southeast corner of section thirty - three, township ninety - eight north, range seventy - five west;

(2) From a point on U.S. Highway 18 west of Winner near the southeast corner of section fourteen, township ninety - nine north, range seventy - eight west thence north to Interstate Highway 90 north of the southeast corner of section fifteen, township one hundred five north, range seventy - seven west.

Source: SL 1984, ch 209, § 75.
S.D. Codified Laws § 31-18-3 — SD Code / Title 31 / Chapter 18 / Section 31-18-3
Vacation or change of location of highways
Status: in_force

The board of county commissioners may vacate or change the location of any section-line highway under its jurisdiction and the board of supervisors of an organized township may vacate or change the location of any section-line highway under its jurisdiction, as provided in this title, but neither board may vacate or change any portion of the state trunk highway system or any highway constructed by state or federal aid or any highway within the limits of a municipal corporation. A board of supervisors may not vacate or change any portion of the county highway system, nor may a board of county commissioners vacate or change any portion of the township road system. No board of county commissioners or board of supervisors may vacate a section-line highway that provides access to public lands or public waters embracing an area of not less than forty acres. This section does not prohibit the closing of a section-line highway to vehicular traffic if the highway is unsafe for vehicular traffic.

Source: SDC 1939, § 28.0106; SL 1989, ch 253, § 2; SL 2012, ch 154, § 2; SL 2018, ch 170, § 2.
S.D. Codified Laws § 31-4-153 — SD Code / Title 31 / Chapter 4 / Section 31-4-153
Interstate Highway 29 Business Loop from Interstate Highway 29 via Elk Point to Interstate Highway 29
Status: in_force

The state trunk highway system includes the following in Union county:

From a point on Interstate Highway 29 southeast of Elk Point north of the southwest corner of section twenty - nine, township ninety - one north, range forty - nine west, thence northwesterly via Elk Point to Interstate Highway 29 on the south line of section thirteen, township ninety - one north, range fifty west.

Source: SL 1984, ch 209, § 26.
S.D. Codified Laws § 31-2-13.1 — SD Code / Title 31 / Chapter 2 / Section 31-2-13.1
Rules--Promulgation
Status: in_force

The Transportation Commission of the Department of Transportation may adopt rules pursuant to chapter 1-26 , governing the following conditions in highway construction contracts:

(1) Site conditions;

(2) Suspensions of work ordered by the state (other than a suspension of work caused by the fault of the contractor or by weather);

(3) Material changes in the scope of work specified in the contract.

Source: SL 1989, ch 249.
S.D. Codified Laws § 31-19-6 — SD Code / Title 31 / Chapter 19 / Section 31-19-6
Notice in register of deeds' office--Contents of notice--Effect of notice
Status: in_force

At any time after the filing of the petition the plaintiff may file for record in the office of the register of deeds of the county in which the petition is filed a notice of the pendency of the proceeding, containing the names of the parties plaintiff and defendant, a statement of the purpose of the proceeding, and a description of the property through or over which the proposed improvement is to be constructed, which notice shall be recorded and indexed in the same manner as provided by law for the recording and indexing of notices of the pendency of actions in the circuit court, and from the date of the filing thereof shall be notice to all subsequent purchasers or encumbrancers of the property therein described.

Source: SL 1939, ch 113, § 6; SDC Supp 1960, § 28.13A06.
S.D. Codified Laws § 31-17-6 — SD Code / Title 31 / Chapter 17 / Section 31-17-6
Secondary highway on township line--Assignment of responsibility
Status: in_force

The secondary highways wholly within one county on lines between organized townships shall be assigned to the charge of such townships as the respective boards of supervisors may agree, and, in case of disagreement, as the board of county commissioners shall determine; and those on the line between organized civil townships and unorganized territory as the board of commissioners shall determine.

Source: SL 1883, ch 112, § 47; CL 1887, § 1307; RPolC 1903, § 1718; SL 1909, ch 70; RC 1919, § 8573; SDC 1939, § 28.0702.
S.D. Codified Laws § 31-12A-11 — SD Code / Title 31 / Chapter 12A / Section 31-12A-11
Order of incorporation--Order as conclusive of fact of incorporation
Status: in_force

If satisfied with the legality of the election, the board of county commissioners shall issue an order declaring that the road district is incorporated by the name adopted. The order shall be conclusive of the fact of such incorporation in all suits by or against the road district.

Source: SL 1977, ch 241, § 11; SL 1998, ch 36, § 16.
S.D. Codified Laws § 31-13-50 — SD Code / Title 31 / Chapter 13 / Section 31-13-50
Use of special assessment law
Status: in_force

Notwithstanding the provisions of chapter 8-11 , the board of supervisors of a township may use, as a method for the financing or repayment for the improvement, the provisions of chapter 9-43 .

Source: SL 1979, ch 197, § 19; SL 1981, ch 225.
S.D. Codified Laws § 31-26-2 — SD Code / Title 31 / Chapter 26 / Section 31-26-2
Exclusive grant prohibited
Status: in_force

The grantee under § 31-26-1 shall not in any case have the exclusive right to use such highway for the conducting of electricity or the furnishing of telephone service.

Source: SL 1913, ch 369, § 1; RC 1919, § 8591; SDC 1939, § 28.1001 (1); SL 1939, ch 108; SL 1953, ch 149, § 1; SL 1953, ch 150.
S.D. Codified Laws § 31-12A-22 — SD Code / Title 31 / Chapter 12A / Section 31-12A-22
Power of trustees to pass and enforce ordinances and regulations
Status: in_force

The board of trustees shall have the power to pass all necessary ordinances, resolutions, orders, rules, and regulations for the proper management and conduct of the business of said road district, and to carry into effect the ordinances, orders, resolutions, rules, and regulations of said road district for the business for which such district is formed.

Source: SL 1977, ch 241, § 23.
S.D. Codified Laws § 31-3-6 — SD Code / Title 31 / Chapter 3 / Section 31-3-6
Petition to locate, change, or vacate a highway
Status: in_force

Upon receiving a petition signed by two or more voters of an organized civil township, the board of supervisors, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7 , and after consideration of all information, opinions, and arguments presented, may, except as provided in §§ 31-3-12 and 31-3-44 , vacate, change, or locate a highway in the township, if the public interest will be better served by the action.

Upon receiving a petition signed by voters of the county, at least equal in number to one percent of those who cast ballots in the county during the last gubernatorial election, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7 , and after consideration of all information, opinions, and arguments presented, may, except as provided in §§ 31-3-12 and 31-3-44 , vacate, change, or locate a highway in the county, if the public interest will be better served by the action.

Upon receiving a petition signed by two thirds of the adjacent landowners or all adjacent landowners if there are fewer than three, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7 , and after consideration of all information, opinions, and arguments presented, may vacate the highway, if the public interest will be better served by the action.

The petition must set forth the beginning, course, and termination of the highway proposed to be located, changed, or vacated and, if applicable, the name of each person owning the land through which the proposed highway may pass.

Source: SDC 1939, § 28.0410; SL 1984, ch 208, § 2; SL 1985, ch 233, § 1; SL 2021, ch 122, § 1.
S.D. Codified Laws § 31-28-10.1 — SD Code / Title 31 / Chapter 28 / Section 31-28-10.1
Standards for supplemental guide signs--Rules--Definition
Status: in_force

The Transportation Commission shall promulgate rules pursuant to chapter 1-26 and consistent with the manual on uniform traffic control devices governing standards for supplemental guide signs on the interstate highway system. The rules shall set forth qualifying facility criteria; application procedures; sign content, size, location, and spacing restrictions; erection requirements; and message priority. For the purposes of §§ 31-28-10.1 to 31-28-10.3 , inclusive, a supplemental guide sign is any official sign erected on the right - of - way to provide guidance for the motorist to traffic generators.

Source: SL 1979, ch 200, §§ 1, 2; SL 1987, ch 210, § 14.
S.D. Codified Laws § 31-4-200 — SD Code / Title 31 / Chapter 4 / Section 31-4-200
State Highway 158 from State Highway 15 to Minnesota
Status: in_force

The state trunk highway system includes the following in Grant County:

From State Highway 20 south of Milbank near the northwest corner of section nineteen, township one hundred nineteen north, range forty - eight west, thence east to the Minnesota state line east of Stockholm near the northwest corner of section twenty - two, township one hundred nineteen north, range forty - seven west.

Source: SL 1984, ch 209, § 73.
S.D. Codified Laws § 31-25-11 — SD Code / Title 31 / Chapter 25 / Section 31-25-11
Uniform signs
Status: in_force

The Transportation Commission shall design, produce, and make available a uniform sign pursuant to § 31-25-10 .

Source: SL 1983, ch 227, § 2.
S.D. Codified Laws § 31-19-47 — SD Code / Title 31 / Chapter 19 / Section 31-19-47
Owner's agreement with state relinquishing possession pending determination of damages--Interest pending payment of damages--Tender of payment
Status: in_force

Whenever the owner of real property relinquishes possession of it to the Department of Transportation under an agreement whereby the amount of damages for the taking remain to be determined, interest shall accrue at the Category A rate of interest as established in § 54-3-16 from the date of the agreement to the date of payment of the damages finally determined, whether the damages are determined by negotiation or condemnation, unless payment is tendered under the provisions of § 31-19-48 .

Source: SL 1963, ch 193; SL 1964, ch 96; SL 1967, ch 117; SL 1983, ch 28, § 45; SL 1984, ch 319, § 21.
S.D. Codified Laws § 31-7-13 — SD Code / Title 31 / Chapter 7 / Section 31-7-13
Local service roads--Maintenance by political subdivisions
Status: in_force

Counties, townships, and municipalities may expend highway funds for the maintenance of local service roads, overpasses, and underpasses constructed in connection with the interstate highway system upon assuming maintenance obligations by agreement with the department.

Source: SDC Supp 1960, § 28.0235 as added by SL 1963, ch 163; SL 2010, ch 145, § 59.
S.D. Codified Laws § 31-4-221 — SD Code / Title 31 / Chapter 4 / Section 31-4-221
State Highway 249 from State Highway 47 to State Highway 34
Status: in_force

The state trunk highway system includes the following in Buffalo County:

From a point on State Highway 47 near the southeast corner of section fourteen, township one hundred seven north, range seventy - two west, thence northeasterly to State Highway 34 near the northwest corner of section thirteen, township one hundred seven north, range seventy - two west.

Source: SL 1984, ch 209, § 94.
S.D. Codified Laws § 31-12-42 — SD Code / Title 31 / Chapter 12 / Section 31-12-42
Vehicle license collections to be used outside municipalities
Status: in_force

The portion of the county road and bridge fund derived from motor vehicle license collections credited pursuant to § 32-11-4.1 shall be used by the board of county commissioners for constructing and maintaining county highways outside the limits of municipalities, and also for constructing and maintaining secondary roads.

Source: SL 1913, ch 276, § 32; SL 1915, ch 253, § 7; RC 1919, § 8664; SL 1919, ch 333, § 68; SL 1920 (SS), ch 89; SL 1925, ch 231; SDC 1939, § 28.0313; SL 2018, ch 168, § 36; SL 2021, ch 125, § 1.
S.D. Codified Laws § 31-12-24 — SD Code / Title 31 / Chapter 12 / Section 31-12-24
Supervision of maintenance work by superintendent--Payments from road and bridge fund
Status: in_force

The county highway superintendent is hereby charged with the actual direction and supervision of all maintenance work in the county and shall keep a record of the costs of such work and certify to the correctness of all claims for such work, except for the purchase of machinery.

Payment for maintenance work shall be made on warrants drawn upon the county road and bridge fund.

Source: SL 1919, ch 333, § 43; SDC 1939, § 28.0312.
S.D. Codified Laws § 31-1-2 — SD Code / Title 31 / Chapter 1 / Section 31-1-2
Bridges and culverts part of highway
Status: in_force

Bridges and culverts erected or maintained by the public constitute a part of the public highway. The terms, road or highway, whenever used in this title include any bridge upon or which form a part of the road or highway constructed, maintained, or to be improved; also any subway or underpass and any overhead crossing.

Source: PolC 1877, ch 29, § 48; CL 1887, § 1238; RPolC 1903, § 1643; RC 1919, § 8669; SL 1919, ch 333, § 8; SDC 1939, §§ 28.0101, 28.1401; SL 1968, ch 120; SL 2010, ch 145, § 11.
S.D. Codified Laws § 31-13-47 — SD Code / Title 31 / Chapter 13 / Section 31-13-47
Intersection cost assumed by township
Status: in_force

In the resolution of necessity it may be provided that the township will pay any definite, specified portion or all of the cost of the improvements in street intersections.

Source: SL 1979, ch 197, § 15.
S.D. Codified Laws § 31-4-203 — SD Code / Title 31 / Chapter 4 / Section 31-4-203
Interstate Highway 190 from Rapid City to Interstate Highway 90
Status: in_force

The state trunk highway system includes the following in Pennington County:

From the junction of Omaha Street and West Boulevard in Rapid City north via Rapid City to Interstate Highway 90 north of Rapid City north of the southeast corner of section twenty - six, township two north, range seven east.

Source: SL 1984, ch 209, § 76.
S.D. Codified Laws § 31-4-205 — SD Code / Title 31 / Chapter 4 / Section 31-4-205
State Highway 204 from State Highway 1806 to State Highway 1804
Status: in_force

The state trunk highway system includes the following in Stanley and Hughes counties:

From a point on State Highway 1806 in the northeast quarter of section thirty - one, township six north, range thirty - one east, thence northeast across Oahe Dam to State Highway 1804 in the northwest quarter of section six, township one hundred eleven north, range seventy - nine west.

Source: SL 1984, ch 209, § 78.
S.D. Codified Laws § 31-30-2 — SD Code / Title 31 / Chapter 30 / Section 31-30-2
Definitions
Status: in_force

Terms in this chapter mean:

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

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

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

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

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

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

Source: SL 1966, ch 86, § 3; SL 2010, ch 145, § 164.
S.D. Codified Laws § 31-26-11 — SD Code / Title 31 / Chapter 26 / Section 31-26-11
Contents of application--Central plant location--Route--Telephone lines
Status: in_force

In the case of either a transmission line application or a telephone line application under § 31-26-1 , the applicant shall state the place where the applicant's central plant is located, the point or points to which the applicant desires to transmit electricity or furnish telephone service, and the route over which the applicant desires to construct such lines or bury underground cable. The application shall state what electric, telegraph, and telephone lines are, at the time of making the application, occupying a part of the highway or highways which the proposed lines are to occupy. Any applicant who hereafter desires to construct a telephone line or bury underground cable shall state whether the applicant has obtained a certificate of convenience and necessity from the Public Utilities Commission.

Source: SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2; SL 2003, ch 159, § 5.
S.D. Codified Laws § 31-4-146 — SD Code / Title 31 / Chapter 4 / Section 31-4-146
State Highway 21 from State Highway 28 to U.S. Highway 81
Status: in_force

The state trunk highway system includes the following in Hamlin County:

From a point on State Highway 28 at Lake Norden near the south line of section seventeen, township one hundred thirteen north, range fifty - three west, thence northerly and east via Hayti to U.S. Highway 81 east of Hayti near the northeast corner of section twenty - five, township one hundred fourteen north, range fifty - three west.

Source: SL 1984, ch 209, § 19.
S.D. Codified Laws § 31-13-33 — SD Code / Title 31 / Chapter 13 / Section 31-13-33
Supervisors' resolution of necessity for improvement--Contents
Status: in_force

Whenever the board of supervisors of any township deem it necessary to open, widen, extend, grade, gravel, surface with oil or other bituminous material, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in, curb, gutter, drain, or otherwise improve any streets within platted land or subdivision for which a special assessment is to be levied, it shall declare in a resolution the necessity of the improvement. The resolution shall state the streets to be improved, the general nature of the proposed improvement, the material to be used or materials from which a choice may be made, an estimate of the total cost per linear foot, a description of the classes of lots to be assessed, and the method of apportioning the benefits thereto as provided in §§ 31-13-42 to 31-13-46 , inclusive.

Source: SL 1979, ch 197, § 2.
S.D. Codified Laws § 31-12-16 — SD Code / Title 31 / Chapter 12 / Section 31-12-16
Progress payments permitted
Status: in_force

On any contracts provided for in § 31-12-15 , partial payments may be made during the progress of the work upon estimates prepared by the county highway superintendent, but in no case shall partial payments exceed ninety percent of the value of the labor and materials incorporated in the work, or materials furnished, as the case may be.

Source: SL 1919, ch 333, § 27; SDC 1939, § 28.0117; SL 1966, ch 81.
S.D. Codified Laws § 31-14-21 — SD Code / Title 31 / Chapter 14 / Section 31-14-21
Bridge construction or repairs by county labor--Supervision--Plans and specifications
Status: in_force

In lieu of accepting any bids received on any bridge, approach, or abutment, or repair to bridge, or in case of emergency, the board of county commissioners may, if in the board's judgment the bridge or piece of work may be procured for less money than the amount of any bid submitted, cause the same to be built by day labor by regular county labor and county-owned equipment. The county highway superintendent shall be in charge of the construction. The superintendent shall hire a foreman, purchase the necessary material, and hire the necessary labor for the construction of each bridge, or piece of work. The work shall be done in accordance with plans and specifications furnished by the department or a registered engineer, the same as any other bridge or piece of work let by contract.

Source: SL 1919, ch 333, § 35; SDC 1939, § 28.1408; SL 1959, ch 138; SL 2010, ch 145, § 100; SL 2018, ch 168, § 51.
S.D. Codified Laws § 31-12A-20.1 — SD Code / Title 31 / Chapter 12A / Section 31-12A-20.1
Sanitary district assuming road district powers
Status: in_force

The board of trustees of any sanitary district incorporated under chapter 34A-5 may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question of whether the district shall be authorized to exercise the powers of road districts incorporated under this chapter, or the petitioners' application for incorporation filed in accordance with § 34A-5-6 may request such authority. Upon approval of the grant of such authority by a majority of the voters voting on the question, or upon entry of the order incorporating the district if the application has requested such authority, the board of trustees shall be authorized to exercise all powers which a road district organized under this chapter may exercise, including the powers granted by §§ 31-12A-21 to 31-12A-26 , inclusive.

Source: SL 1979, ch 196.
S.D. Codified Laws § 31-29-1 — SD Code / Title 31 / Chapter 29 / Section 31-29-1
Billboards near cemetery--Violation as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to erect or construct along the streets or highways adjoining any cemetery, or within three hundred feet of any cemetery, any billboard, advertising sign, or unsightly object without first obtaining the written consent of the proper officers of the municipality, or township, and of the proper officers or persons having charge and control of such cemetery. However, the street or highway may be marked to designate an automobile route, or for other public purposes, if done in a neat and attractive manner.

Source: SDC 1939, §§ 28.0905, 28.9905; SDCL § 31-29-3 ; SL 1992, ch 60, § 2; SL 2010, ch 145, § 148.
S.D. Codified Laws § 31-7-1 — SD Code / Title 31 / Chapter 7 / Section 31-7-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "National system of interstate highways," includes all highways that have been or may become eligible for development with funds provided by federal highway acts for use on the interstate system;

(2) "Control areas," a control area is a metropolitan area, first or second class municipality, or industrial center, defense installation, a topographic feature such as a mountain pass, a favorable river crossing, a hub road which would result in material traffic increment on the interstate route, a section of completed expressway, or a place on the common boundary of two states agreed to by the states concerned;

(3) "Intermediate control points," an intermediate control point is either end of an acceptable section on final location of an interstate route;

(4) "Department," the Department of Transportation.

Source: SL 1955, ch 104, § 2; SDC Supp 1960, § 28.0232; SL 2010, ch 145, § 48.
S.D. Codified Laws § 31-17-11 — SD Code / Title 31 / Chapter 17 / Section 31-17-11
Township boundary line highways--Action brought on failure to agree on contribution
Status: in_force

In the event that the board of supervisors of the adjoining township refuses to call a meeting as required in § 31-17-9 , or in the event that such meeting is held, but no agreement can be reached concerning the construction, improvement, or repair of such highway, the board of supervisors of the moving township shall have the right, within thirty days, to bring an action in the circuit court against the adjoining township to require it to contribute equally to the cost of any necessary construction, improvement, or repair of such highway.

Source: SL 1961, ch 152, § 5.
S.D. Codified Laws § 31-4-208 — SD Code / Title 31 / Chapter 4 / Section 31-4-208
State Highway 324 from Interstate Highway 29 to State Highway 13
Status: in_force

The state trunk highway system includes the following in Brookings County:

From a point on Interstate Highway 29 on the north line of section nineteen, township one hundred nine north, range forty - nine west, thence east to State Highway 13 west of Elkton near the northeast corner of section twenty - one, township one hundred nine north, range forty - eight west.

Source: SL 1984, ch 209, § 81.
S.D. Codified Laws § 31-14-35 — SD Code / Title 31 / Chapter 14 / Section 31-14-35
County line bridges--Agreement apportioning responsibility--Cost of large bridges divided equally
Status: in_force

It shall be lawful and the duty of the respective boards of county commissioners of the counties adjoining any highway or meandered stream on a county line in this state to divide that portion of such county line between such counties into two or more parts or districts, and to enter into an agreement and contract providing that each of such counties shall assume the liability and become responsible for the construction and maintenance of all necessary bridges upon such county line in the district allotted to such county. In case the stream forming the boundary between two counties shall be so large that one county alone is unable to build a bridge out of the ordinary amount of funds available, it shall be the duty of the two counties when a bridge is built over such stream to divide the expense equally between such two counties.

Source: SL 1913, ch 114, § 1; RC 1919, § 8686; SDC 1939, § 28.1417.
S.D. Codified Laws § 31-4-237 — SD Code / Title 31 / Chapter 4 / Section 31-4-237
State Highway 407 from Nebraska to U.S. Highway 18
Status: in_force

The state trunk highway system includes the following in Oglala Lakota County:

From a point on the Nebraska state line south of Pine Ridge near the northeast corner of section twenty-four, township thirty-five north, range forty-five west, thence north to U.S. Highway 18 in section twelve, township thirty-five north, range forty-five west.

Source: SL 1984, ch 209, § 110; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 31-24-4 — SD Code / Title 31 / Chapter 24 / Section 31-24-4
Additional entrances to property previously having more than one farm entrance--Limitations
Status: in_force

Notwithstanding § 31-24-3 , if at the time of the construction, improvement, or repair of any public highway the abutting owner has more than one farm entrance to the highway, which entrance has been in reasonably constant use for more than two years prior to the new construction the owner shall be furnished a like number of entrances by the authority having charge of the construction, improvement, or repair, if the entrances do not materially add to the hazard of public travel on the highway. However, no owner of property adjoining the highway is entitled to more than two such entrances at the expense of the authority charged with the maintenance of the highway, on any one continuous half mile of adjoining property.

Source: SDC 1939, § 28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, § 116.
S.D. Codified Laws § 31-13-7 — SD Code / Title 31 / Chapter 13 / Section 31-13-7
Written contracts required when let without advertising--Performance bond
Status: in_force

Contracts let by the board of township supervisors without advertising for bids shall also be in writing specifying the work to be done, the time in which it is to be completed, and the amount to be paid, and the board may require the contractor to furnish a bond with approved sureties in such sum as it shall deem sufficient, conditioned for the faithful performance of the contract according to the plans and specifications.

Source: SL 1911, ch 221, § 5; RC 1919, § 8554; repealed SL 1919, ch 333, § 69; re - enacted SDC 1939, § 28.0402.
S.D. Codified Laws § 31-25-1 — SD Code / Title 31 / Chapter 25 / Section 31-25-1
Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or grates required
Status: in_force

The board of county commissioners of any county having within its boundaries, any county, township, or section - line highway not included in § 31-25-1.1 extending or running through or across grazing land, may, upon petition, signed by a majority of the adjacent landowners along the portion of such highway involved, and after a hearing is had, on notice mailed by the county auditor to all of said landowners, not less than ten days before such hearing, authorize such landowners to erect and maintain fences across such highway. However, the board of county commissioners shall require the erection of gates or grates, or both, in such fences at points designated by the board, so that the public may have access to the highway.

Source: SL 1943, ch 39; SDC Supp 1960, § 12.06 17-3 ; SL 1984, ch 215, § 1.
S.D. Codified Laws § 31-12-27.1 — SD Code / Title 31 / Chapter 12 / Section 31-12-27.1
Contracts with residents for county road construction and maintenance--Petition--Work performed by highway department or private contract--Payment
Status: in_force

Any county may contract with residents served by county roads for the construction, maintenance, and improvement of county roads or any portion thereof serving county residents. If the board of county commissioners, upon a petition by a resident within the county, filed in the office of the county auditor of the county, determines that it is in the best interest of the petitioner and in the public interest that the petitioner enter into an agreement in writing with the board of county commissioners of such county for the construction, maintenance, or improvement of county roads or any portion thereof, the board of county commissioners may enter into an agreement in writing with the petitioner to construct, maintain, or improve any such county road or portion thereof to be specifically designated, at and for a price to be paid to the county to be expressed in the agreement. If the board of county commissioners determines that it is in the public interest to enter into such an agreement, the board may do so and the county may, by and through its highway department and with the personnel and equipment thereof or by privately let contract pursuant to § 5-18A-9 , perform or cause to be performed such construction, maintenance, and improvement specified in the written agreement under the supervision and control of the county highway superintendent. The prices specified in the contract shall be paid to the county or if privately let, to the person performing the work by the resident petitioning upon estimates certified to by the county highway superintendent.

Source: SL 1977, ch 240; SL 2011, ch 2, § 136.
S.D. Codified Laws § 31-26-10 — SD Code / Title 31 / Chapter 26 / Section 31-26-10
Application to county auditor--Telephone lines excepted
Status: in_force

Any applicant desiring to construct a transmission line as provided in § 31-26-1 shall file with the county auditor an application and any applicant desiring to construct a telephone line as provided in § 31-26-1 may, but shall not be required to file an application with the county auditor.

Source: SL 1913, ch 369, § 2; RC 1919, § 8592; SL 1919, ch 221; SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2.
S.D. Codified Laws § 31-19-44 — SD Code / Title 31 / Chapter 19 / Section 31-19-44
Lease of non-right-of-way property
Status: in_force

The Department of Transportation may lease property acquired under § 31-19-42 that will not be sold immediately.

Source: SL 1961, ch 145, § 4 as added by SL 1967, ch 116.
S.D. Codified Laws § 31-18-5 — SD Code / Title 31 / Chapter 18 / Section 31-18-5
Liability for unimproved section line
Status: in_force

Notwithstanding the provisions of § 20-9-16 , a landowner owes no duty of care to keep an unimproved section line safe for entry or use by any uninvited person for an outdoor recreational purpose or tourism activity. The landowner does not have a duty to give any warning of a dangerous condition, use, or structure on an unimproved section line to any uninvited person entering for an outdoor recreational purpose or tourism activity, except for any condition created by the willful and wanton act of the landowner.

Source: SL 2017, ch 124, § 1.
S.D. Codified Laws § 31-2-14 — SD Code / Title 31 / Chapter 2 / Section 31-2-14
Appropriations required for salaries, expenses, and maintenance costs--Annual appropriation for construction and right-of-way
Status: in_force

The salaries of the Transportation Commission, secretary of the Department of Transportation, engineer, deputies, assistants, and employees, their necessary expenses, the other expenses of maintaining the administration of the department, and the costs of maintenance and repair of highways shall be paid by the state treasurer from the state highway fund after the same have been duly appropriated from the fund by the Legislature and audited by the state auditor. State and federal highway funds necessary for construction of highways as defined in chapter 31-1 and purchase of rights - of - way and borrow pits pursuant to chapter 31-19 , are hereby annually appropriated from the state highway fund. The amount of those funds expended for administrative purposes may not exceed seven percent of the available highway funds.

Source: SDC 1939, § 28.0205; SL 1953, ch 136; SL 1957, ch 125; SL 1964, ch 91; SL 1975, ch 190, § 5; SL 1984, ch 207, § 15; SL 1993, ch 216.
S.D. Codified Laws § 31-12A-34 — SD Code / Title 31 / Chapter 12A / Section 31-12A-34
Consolidated road district authorized to contract for property
Status: in_force

A consolidated road district may contract with any road district for the purchase or use of property that the road district is authorized to construct or acquire and maintain pursuant to this chapter.

Source: SL 2001, ch 159, § 6.
S.D. Codified Laws § 31-4-149 — SD Code / Title 31 / Chapter 4 / Section 31-4-149
State Highway 26 from State Highway 47 to U.S. Highway 281
Status: in_force

The state trunk highway system includes the following in Sully, Hyde, Hand, and Spink counties:

(1) From a point on State Highway 47 north of Highmore near the northwest corner of section thirteen, township one hundred fifteen north, range seventy - two west, thence east to State Highway 45 north of Miller near the northeast corner of section fifteen, township one hundred fifteen north, range sixty - eight west;

(2) From a point on State Highway 45 north of Miller near the northwest corner of section twenty - three, township one hundred fifteen north, range sixty - eight west, thence easterly to U.S. Highway 281 south of Redfield near the northeast corner of section thirty - three, township one hundred sixteen north, range sixty - four west.

Source: SL 1984, ch 209, § 22; SL 1989, ch 250, § 1.
S.D. Codified Laws § 31-5-22 — SD Code / Title 31 / Chapter 5 / Section 31-5-22
Violation of rules authorizing mowing of ditches as misdemeanor
Status: in_force

Any person who violates any of the rules authorized pursuant to § 31-5-21 is guilty of a Class 2 misdemeanor.

Source: SL 1975, ch 192, § 2; SL 2004, ch 192, § 2.
S.D. Codified Laws § 31-33-2 — SD Code / Title 31 / Chapter 33 / Section 31-33-2
Requirement for establishment of arterial street system
Status: in_force

An arterial street system shall be designated by the governing body of each municipality of this state having a population of five thousand or more according to the last federal census, provided, however, that any municipality of the state with less than five thousand population may also establish an arterial street system should said municipality find such action advantageous in planning, constructing, maintaining, and administrating the highways and streets under its jurisdiction.

Source: SL 1969, ch 117, § 2.
S.D. Codified Laws § 31-3-36 — SD Code / Title 31 / Chapter 3 / Section 31-3-36
Location by consent
Status: in_force

Public highways may be located without the appointment of viewers, provided the written consent of all the owners of the land to be used for that purpose be first filed in the county auditor's office, and if it is shown to the satisfaction of the board of county commissioners that the proposed highway is of sufficient public importance to be opened and worked by the public, it shall make an order locating the same, from which time only shall it be regarded as a public highway.

Source: SL 1883, ch 67, § 1; CL 1887, § 1219; RPolC 1903, § 1624; RC 1919, § 8546; SDC 1939, § 28.0610.
S.D. Codified Laws § 31-32-5 — SD Code / Title 31 / Chapter 32 / Section 31-32-5
Placing barbed wire across traveled road without visible obstruction--Petty offense--Civil liability
Status: in_force

Any person who shall place a barbed wire fence across any traveled road, whether the same be or be not a public highway, without at the same time building an obstruction across said road outside of and not farther away from said fence than two rods, consisting of at least two boards or poles securely fastened to three upright posts, commits a petty offense and is liable to the person injured for all damages sustained.

Source: SL 1890, ch 131; RPenC 1903, § 484; RC 1919, § 3993; SDC 1939, § 13.1623.
S.D. Codified Laws § 31-34-3 — SD Code / Title 31 / Chapter 34 / Section 31-34-3
Distribution of moneys by county--Permissible uses--Transfer of unobligated moneys
Status: in_force

Each county shall establish a rural access infrastructure fund for the deposit of moneys received pursuant to this chapter. The board of county commissioners may only distribute fund moneys for the following expenses:

(1) Engineering, hydrological studies, planning, materials, and other costs as necessary to plan for and complete the projects;

(2) Construction, rehabilitation, or replacement of small structures located in townships complying with the requirements of this chapter; and

(3) Construction, rehabilitation, or replacement of small structures described in a county highway and bridge improvement plan, which are located on county secondary highways.

The moneys may not be used on a no-maintenance road.

On June thirtieth of each third year, beginning in 2029, the county auditor shall transfer any unexpended moneys, not contractually obligated and approved under this chapter, to the state treasurer for deposit in the county and township infrastructure fund, created in § 32-11-4.3 .

Source: SL 2021, ch 129, § 3, eff. Mar. 25, 2021; SL 2022, ch 92, § 2; SL 2024, ch 105, § 1; SL 2024, ch 106, § 1; SL 2026, ch 127, § 1.
S.D. Codified Laws § 31-22-3 — SD Code / Title 31 / Chapter 22 / Section 31-22-3
Visit to land--Width of right-of-way--Convenience of parties--Use of section line or governmental fractional subdivision
Status: in_force

Upon the day set for such visit to such land for the purpose of laying out such right - of - way and appraising the damages to the owner of the surrounding land therefor, the county commissioners shall proceed to the place named, shall lay out a right - of - way not less than twenty - five nor more than sixty - five feet in width from such isolated tract of land across surrounding lands to a public highway, and in so doing shall consider the convenience of the parties. Wherever it is practicable to do so, such board shall lay such right - of - way along a section line or the line of a government fractional subdivision of a section.

Source: SL 1935, ch 179, § 3; SDC 1939, § 28.0803; SL 1977, ch 243.
S.D. Codified Laws § 31-5-23 — SD Code / Title 31 / Chapter 5 / Section 31-5-23
Consultation with first and second class municipalities and counties on construction or conversion of maintenance facilities--Sharing facilities
Status: in_force

Before funds authorized by the Legislature for the construction or acquisition of district highway maintenance facilities are used, the Department of Transportation shall meet with the local governing bodies of the counties and first and second class municipalities where highway maintenance facilities will be located to discuss joint construction or conversion of highway maintenance facilities. The Department of Transportation shall notify the local governing bodies in writing of its intention to construct new highway maintenance facilities. Then, the department shall meet with the local governing bodies to determine the feasibility of constructing or converting highway maintenance facilities in the counties and municipalities where the facilities will be located. The department shall consider sharing facilities whenever the local governing bodies express interest in sharing the cost of constructing or converting the facility.

Source: SL 1981, ch 224, § 1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 31-13-1.1 — SD Code / Title 31 / Chapter 13 / Section 31-13-1.1
Designation of minimum maintenance road--Level of maintenance
Status: in_force

The board of township supervisors may designate a township road within the township as a minimum maintenance road if the board determines that the road or a segment of the road is used only occasionally or intermittently for passenger and commercial travel. The board shall identify the beginning and end points of the road designated as minimum maintenance. A minimum maintenance road may be maintained at a level less than the minimum standards for full maintenance roads, but shall be maintained at the level required to serve the occasional or intermittent traffic.

Source: SL 1989, ch 252, § 2; SL 2012, ch 158, § 2.
S.D. Codified Laws § 31-28-7.1 — SD Code / Title 31 / Chapter 28 / Section 31-28-7.1
Legally abandoned and nonoperational track defined
Status: in_force

For the purpose of § 31-28-7 , legally abandoned track is any section of railway track on which formal legal abandonment proceedings have been completed. For the purpose of §§ 31-28-7 , 31-28-7.2 , and 32-29-5 , nonoperational track is any section of railway track on which there has been no traffic for the previous three months and there is no prospect of traffic in the near future.

Source: SL 1981, ch 228, § 3.
S.D. Codified Laws § 31-4-8 — SD Code / Title 31 / Chapter 4 / Section 31-4-8
Rerouting of trunk highways onto interstate highways
Status: in_force

The department may reroute portions of the state trunk highway system onto the national system of interstate highways. The department may delete portions of the state trunk highway system if they have been rerouted onto the national system of interstate highways if feasible and in the best interest of the State of South Dakota.

Source: SL 1963, ch 192; SL 2010, ch 145, § 18.
S.D. Codified Laws § 31-29-70 — SD Code / Title 31 / Chapter 29 / Section 31-29-70
Unzoned commercial or industrial area defined--Measurements--Designation terminated after cessation of commercial or industrial activity
Status: in_force

An "unzoned commercial or industrial area," in consideration of the advertising needs of remote rural businesses located outside of municipal corporate limits, shall mean the areas adjacent to an interstate or primary highway within this state which are not zoned by state or local law, regulation, or ordinance, and on which there is located one or more permanent structures devoted to a commercial or industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward one thousand feet from and beyond the edge of each side of the activity. Each side of the highway shall be considered separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage, or processing and landscaped areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge of pavement of the highway. The cessation of the commercial or industrial activity shall terminate the designation of an area as an "unzoned commercial or industrial area" after six months, at which time outdoor advertising therein shall become nonconforming.

Source: SL 1977, ch 246, § 7; SL 1979, ch 202, § 10.
S.D. Codified Laws § 31-4-165 — SD Code / Title 31 / Chapter 4 / Section 31-4-165
State Highway 45 from State Highway 44 to North Dakota
Status: in_force

The state trunk highway system includes the following in Charles Mix, Brule, Buffalo, Hand, Faulk, Edmunds, and McPherson counties:

(1) From a point on State Highway 44 in Platte near the southwest corner of section thirteen, township ninety - nine north, range sixty - eight west, thence north via Platte to Interstate Highway 90 on the west line of section ten, township one hundred three north, range sixty - seven west;

(2) From a point on Interstate Highway 90 in the southeast quarter of section ten, township one hundred three north, range sixty - eight west, thence north via Kimball and Miller to U.S. Highway 14 in Miller in the southeast quarter of section ten, township one hundred twelve north, range sixty - eight west;

(3) From a point on U.S. Highway 14 north of Miller west of the southeast corner of section three, township one hundred twelve north, range sixty - eight west, thence north to U.S. Highway 212 near the northwest corner of section two, township one hundred sixteen north, range sixty - eight west;

(4) From a point on U.S. Highway 212 east of Faulkton near the west quarter corner of section fifteen, township one hundred eighteen north, range sixty - eight west, thence north via Ipswich to U.S. Highway 12 near the northeast corner of section twenty - eight, township one hundred twenty - three north, range sixty - eight west;

(5) From a point on U.S. Highway 12 east of Ipswich near the southeast corner of section twenty, township one hundred twenty - three north, range sixty - seven west, thence north via Leola to State Highway 10 near the northeast corner of section twenty, township one hundred twenty - six north, range sixty - seven west;

(6) From a point on State Highway 10 east of Eureka near the southwest corner of section thirty - six, township one hundred twenty - seven north, range seventy - one west, thence north to the North Dakota state line near the northeast corner of section two, township one hundred twenty - eight north, range seventy - one west.

Source: SL 1984, ch 209, § 38.
S.D. Codified Laws § 31-19-45 — SD Code / Title 31 / Chapter 19 / Section 31-19-45
Sale of non-right-of-way property
Status: in_force

The Department of Transportation is authorized when in its opinion real estate acquired pursuant to § 31-19-42 is no longer needed for the purpose it was acquired, to sell and dispose of same in the manner set forth by law for the disposal and sale of highway real property.

Source: SL 1961, ch 145, § 2; SL 1967, ch 116.
S.D. Codified Laws § 31-30-5 — SD Code / Title 31 / Chapter 30 / Section 31-30-5
Rules respecting screening
Status: in_force

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

Source: SL 1966, ch 86, § 6; SL 1987, ch 210, § 22.
S.D. Codified Laws § 31-1-1 — SD Code / Title 31 / Chapter 1 / Section 31-1-1
Highway defined
Status: in_force

Every way or place of whatever nature open to the public, as a matter of right, for purposes of vehicular travel, is a highway. The term, highway, does not include a roadway or driveway upon grounds owned by private persons, colleges, universities, or other institutions, but the term includes a roadway or driveway upon grounds owned by any state agency, college, university, or institution if the governing agency, board, or commission by resolution so determines and the Department of Transportation concurs.

Source: SL 1929, ch 251, § 1 (n); SDC 1939, § 28.0101; SL 1968, ch 120; SL 2010, ch 145, § 10.
S.D. Codified Laws § 31-33-3 — SD Code / Title 31 / Chapter 33 / Section 31-33-3
Trunk highway system not included in arterial street system--Total mileage limitation
Status: in_force

The arterial street system of any municipality shall not include any sections of the state trunk highway system and shall not exceed in total mileage more than twenty - five percent of the total road and street mileage that is open to public travel within the area administered by said governing body.

Source: SL 1969, ch 117, § 3.
S.D. Codified Laws § 31-26-4 — SD Code / Title 31 / Chapter 26 / Section 31-26-4
Change of line upon change of highway--Notice
Status: in_force

When any highway along which a line has been constructed pursuant to § 31-26-1 shall be changed, the grantee shall, upon ninety days' notice in writing, remove such line to the highway as changed.

Source: SL 1913, ch 369, § 1; RC 1919, § 8591; SDC 1939, § 28.1001 (3); SL 1939, ch 108; SL 1953, ch 149, § 1; SL 1953, ch 150.
S.D. Codified Laws § 31-33-9 — SD Code / Title 31 / Chapter 33 / Section 31-33-9
Relocations or deletions--Notice and hearing--Recording requirement applicable
Status: in_force

When a section or sections of the arterial street system are to be relocated or deleted, the governing body shall submit such change including a map and descriptive material to the Department of Transportation for the purpose of recording such change, provided however, that prior to the submission of such plan for relocation or deletion, such governing body shall cause to be held a public hearing, such hearing to be properly advertised in the city's official newspaper or papers, such notice of hearing to contain ample detail of the contemplated relocation or deletion and an invitation for interested citizens to be heard. The governing body of the municipality shall make the final decision following said hearing.

Source: SL 1969, ch 117, § 5 (2).
S.D. Codified Laws § 31-24-7 — SD Code / Title 31 / Chapter 24 / Section 31-24-7
Interference with drainage--Obstruction of right-of-way
Status: in_force

No entrance may be so constructed pursuant to § 31-24-6 as to interfere with the proper and necessary drainage of the highway. No portion of the right-of-way of the highway other than that necessary for the entrance shall be occupied or used for business purposes.

Source: SDC 1939, § 28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, § 119.
S.D. Codified Laws § 31-19-42 — SD Code / Title 31 / Chapter 19 / Section 31-19-42
Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical
Status: in_force

Any first or second class municipality, county, township, or other governmental agency may acquire by gift, devise, or purchase, a fee ownership in real estate including right-of-way, for the construction and maintenance of the municipal, county, or township highway system, for the functional operation of the municipality, county, or township, and where, in relation to right-of-way acquisition, uneconomic remnants of land would be left to the original owner or where severance damages to a remainder make the acquisition of the entire tract or parcel more economical to the municipality or county. The Department of Transportation may acquire by gift, devise, or purchase, a fee ownership in real estate including right-of-way, for the construction and maintenance of the state highway system, for the functional operation of the department, and where, in relation to right-of-way acquisition, uneconomic remnants of land would be left to the original owner or where severance damages to a remainder make the acquisition of the entire tract or parcel more economical to the state. The department may not acquire fee ownership in right-of-way taken by condemnation proceedings.

Source: SL 1961, ch 145, § 1; SL 1967, ch 116; SL 1983, ch 226, § 1; SL 1986, ch 238, § 1; SL 1992, ch 60, § 2; SL 2010, ch 148, § 1.
S.D. Codified Laws § 31-27-20 — SD Code / Title 31 / Chapter 27 / Section 31-27-20
Railroad right-of-way defined
Status: in_force

A railroad right-of-way consists not only of that strip of land, usually one hundred feet wide, over which the main track is laid but the adjacent extra width of land as may be necessary and useful for cuts, embankments, ditches for change of location of watercourses, and other works of a railroad, appropriate and necessary for railroad purposes.

Source: SDC 1939, § 28.1106 (1) as enacted by SL 1945, ch 115; SL 2010, ch 145, § 133.
S.D. Codified Laws § 31-26-13 — SD Code / Title 31 / Chapter 26 / Section 31-26-13
Application presented to board of county commissioners--Notice of hearing
Status: in_force

The county auditor shall present an application under § 31-26-1 to the board of county commissioners within thirty days after the filing of the application, at a regular or special meeting called for that purpose. The auditor shall give ten days' notice by mail of the application and the time and place when and where the application will be heard to any public entity having jurisdiction and supervision over the involved highway, and to all persons, firms, or corporations owning or operating electric, telephone, or telegraph lines or underground cable on any part of the highway which the proposed lines may occupy.

Source: SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2; SL 2003, ch 159, § 7; SL 2017, ch 125, § 1.
S.D. Codified Laws § 31-10-15 — SD Code / Title 31 / Chapter 10 / Section 31-10-15
Operation cost of acquired bridge--Payment from state highway fund
Status: in_force

The cost of operation and maintenance of that part of any bridge situated within the State of South Dakota after acceptance, as provided in § 31-10-12 , shall be paid by the department out of the state highway fund.

Source: SL 1953, ch 320, § 4; SDC Supp 1960, § 28.1445; SL 2010, ch 145, § 92.
S.D. Codified Laws § 31-12A-32 — SD Code / Title 31 / Chapter 12A / Section 31-12A-32
Consolidated board of trustees
Status: in_force

The consolidated board of trustees shall be elected as provided in chapter 6-16 and this chapter and shall govern the consolidated road district as provided in this chapter.

Source: SL 2001, ch 159, § 4; SL 2014, ch 46, § 20.
S.D. Codified Laws § 31-3-34 — SD Code / Title 31 / Chapter 3 / Section 31-3-34
Appeal to circuit court--Time allowed
Status: in_force

Any person who is a resident or landowner of such county or of land lying within ten miles of the boundaries of such county and who feels aggrieved by the final decision of the board in awarding or refusing to award damages in locating, vacating, or changing any public highway under the provisions of this chapter, or, notwithstanding the provisions of § 31-3-14 , any person who is a resident or landowner of such county or of land lying within ten miles of the boundaries of such county and who feels aggrieved by the final decision of the board in locating, vacating, or changing any public highway under the provisions of this chapter, may appeal from such decision to the circuit court for the county within thirty days after the date on which the decision of the board has become effective by serving a written notice of appeal describing the decision from which appeal is being taken upon one of the members of the board by one of the methods prescribed in § 15-6-4. The appeal so taken shall be docketed as other causes pending in such court, and the same shall be heard and determined de novo.

Source: SDC 1939, § 28.0608; SL 1985, ch 233, § 19.
S.D. Codified Laws § 31-3-13 — SD Code / Title 31 / Chapter 3 / Section 31-3-13
Highway on township line--Joint resolution
Status: in_force

In case the highway to be vacated, changed, or located is upon a township line, it shall be necessary that the board of supervisors of the adjoining civil township, or the board of county commissioners of the county, if the adjoining congressional township is unorganized, as the case may be, pass a like resolution and enter an order vacating, changing, or locating said highway.

Source: SL 1935, ch 125, § 4; SDC 1939, § 28.0414.
S.D. Codified Laws § 31-12A-3 — SD Code / Title 31 / Chapter 12A / Section 31-12A-3
Filing of petition--Contents
Status: in_force

Not less than twenty-five percent of the eligible voters as defined in § 31-12A-1.2 who own land lying within the limits of the territory proposed to be organized into a road district may file a petition with the board of county commissioners asking that a road district be organized to function in the territory described in the petition. The petition shall be filed with the county auditor and presented to the board of county commissioners for consideration at its next meeting. The petition shall conform with the requirements of § 6-16-2 and shall set forth:

(1) The proposed name of the road district;

(2) That there is need for road work in the territory described in the petition;

(3) A description of the territory proposed to be organized as a road district;

(4) A request that the board of county commissioners define the boundaries for the district; that a referendum be held within the territory so defined on the question of the creation of a road district in the territory; and that the board determine that such a district be created.

Source: SL 1977, ch 241, § 3; SL 1982, ch 224, § 2; SL 2014, ch 46, § 8.
S.D. Codified Laws § 31-4-14.3 — SD Code / Title 31 / Chapter 4 / Section 31-4-14.3
Failure to observe notice of closure or use restriction as misdemeanor--Violators subject to action for civil penalty and cost of rescue
Status: in_force

Any person who fails to observe any sign, marker, warning, notice or direction, or barrier placed or given under § 31-4-14.2 is guilty of a Class 2 misdemeanor. Any unauthorized presence on a closed highway is evidence of a violation of this section. If, as a result of a knowing violation of this section for failure to observe a notice provided pursuant to § 31-4-14.2 , any agency of the State of South Dakota or any governmental subdivision incurs any costs for the purpose of rescuing the violator, any passengers, or the vehicle operated by the violator, the violator is subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of up to one thousand dollars and the actual cost of any such rescue, in an amount not to exceed ten thousand dollars.

Source: SL 1980, ch 208, § 3; SL 1997, ch 175, § 1; SL 2010, ch 146, § 2.
S.D. Codified Laws § 31-13-38 — SD Code / Title 31 / Chapter 13 / Section 31-13-38
Resolution not requiring publication
Status: in_force

If the improvement is petitioned for by the owners of more than fifty - five percent of the frontage of the property to be assessed therefor, it may be provided for by resolution without publication.

Source: SL 1979, ch 197, § 5.
S.D. Codified Laws § 31-2-27 — SD Code / Title 31 / Chapter 2 / Section 31-2-27
Disposition of property no longer useful
Status: in_force

The Department of Transportation may determine that material, machinery, equipment, or other personal property, or real property owned by the state and used by the department in maintenance or construction, which material, machinery, equipment, or other personal property is not needed for such purposes or is worn out to such an extent it is no longer useful in highway construction or maintenance, or that real property is no longer needed in the maintenance or construction of state trunk highways. The department may sell and dispose of the material, machinery, equipment, personal or real property according to the procedure prescribed by the commissioner of human resources and administration.

Source: SL 1941, ch 134; SL 1955, ch 98; SDC Supp 1960, § 28.0222; SL 1963, ch 162; SL 1977, ch 54, § 8; SL 1984, ch 207, § 21; SL 1986, ch 238, § 3; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 31-7-6 — SD Code / Title 31 / Chapter 7 / Section 31-7-6
Points of ingress and egress--Establishment and control
Status: in_force

The department may designate locations and establish, limit, and control points of ingress and egress to ensure proper operation of highways of the national system of interstate highways and prohibit entrance to or egress from the highways at points not so designated.

Source: SL 1955, ch 104, § 3; SDC Supp 1960, § 28.0233 (3); SL 2010, ch 145, § 53.
S.D. Codified Laws § 31-4-191 — SD Code / Title 31 / Chapter 4 / Section 31-4-191
State Highway 115 from U.S. Highway 18 to Interstate Highway 29
Status: in_force

The state trunk highway system includes the following in Lincoln and Minnehaha counties:

(1) From a point on U.S. Highway 18 west of Canton thence north via Sioux Falls to a point on 85th Street in Sioux Falls;

(2) From a point on 72nd Street North in Sioux Falls then north and west via Sioux Falls and Dell Rapids to a point on Interstate Highway 29 west of Dell Rapids.

Source: SL 1984, ch 209, § 64; SL 1992, ch 202, § 5; SL 1994, ch 237, § 12; SL 1995, ch 169, § 1; SL 2006, ch 155, § 3.
S.D. Codified Laws § 31-13-16 — SD Code / Title 31 / Chapter 13 / Section 31-13-16
Petition for improvement of road district--Notice to property owners
Status: in_force

Whenever the owners of eighty percent of the property fronting upon any road in a road district established pursuant to § 31-13-15 shall by petition in writing filed with the township clerk request that the property in the road district be assessed for road improvement, the supervisors shall set a time for hearing the petition and notice shall be given to the abutting property owners whose property it is proposed to assess who shall not have joined in the petition, by either delivery to the property owners of a copy of the notice of hearing or by mailing a copy of notice of hearing to such abutting property owner at his last known post office address, or if such address cannot be determined, then by publishing such notice in a legal newspaper designated by the supervisors as most likely to give notice, which notice shall be given at least ten days prior to the hearing.

Source: SDC 1939, § 58-0201 (10) as added by SL 1965, ch 297.
S.D. Codified Laws § 31-3-40 — SD Code / Title 31 / Chapter 3 / Section 31-3-40
Field notes--Recording in township highway record
Status: in_force

Upon the filing of such copy in the township clerk's office, the township clerk shall record the same in the highway record book of the township and such record shall be prima facie evidence of the existence of such highway according to the description and plat so on file.

Source: SL 1883, ch 112, § 99; CL 1887, § 1347; RPolC 1903, § 1758; RC 1919, § 8626; SDC 1939, § 28.0618.
S.D. Codified Laws § 31-34-8 — SD Code / Title 31 / Chapter 34 / Section 31-34-8
County use of funds conditioned
Status: in_force

The county commission may use rural access infrastructure funds for the construction, rehabilitation, or replacement of small structures on county secondary highways so long as such projects are considered in a similar manner as the small structures that are located within an organized township.

Source: SL 2021, ch 129, § 8, eff. Mar. 25, 2021.
S.D. Codified Laws § 31-10-5 — SD Code / Title 31 / Chapter 10 / Section 31-10-5
Contracts with adjoining states, persons, or corporations
Status: in_force

The Department of Transportation may enter into agreements or contracts with the proper authorities of the states which adjoin the State of South Dakota, subdivisions of such states, or companies, corporations, or persons relative to the purchase or condemnation, construction, or maintenance of boundary state highway bridges.

Source: SL 1947, ch 132, § 3; SDC Supp 1960, § 28.1427.
S.D. Codified Laws § 31-11-45 — SD Code / Title 31 / Chapter 11 / Section 31-11-45
Maximum maintenance authorization on private roads
Status: in_force

If the board of county commissioners agrees to maintain private roads pursuant to §§ 31-11-41 to 31-11-44 , inclusive, the board may establish a maximum number of hours of maintenance, or miles of road that the board will authorize.

Source: SL 1994, ch 238, § 4A.
S.D. Codified Laws § 31-11-44 — SD Code / Title 31 / Chapter 11 / Section 31-11-44
Annual hearing on maintenance continuation of private roads
Status: in_force

The board of county commissioners shall annually hold a public hearing on the continuance of the maintenance of private roads by the county. Such hearing shall be published pursuant to § 31-11-42 .

Source: SL 1994, ch 238, § 4.
S.D. Codified Laws § 31-21-10 — SD Code / Title 31 / Chapter 21 / Section 31-21-10
Failure to appeal--Time decision becomes final--Opening of ditch--Landowner's instructions as to line of ditch
Status: in_force

If the order and proceeding under this chapter be not appealed from within ten days from the filing thereof as provided in § 31-21-7 , such judgment, order, and finding shall be final, and the officer or person in charge of such road may proceed to open the ditch in accordance with the directions and under the instructions of the board of township supervisors or county commissioners, as the case may be. Any such ditch shall be laid out upon the line that the owner of the land over which it is to pass may desire whenever it can be done without extra cost.

Source: SL 1883, ch 112, § 89; CL 1887, § 1337; RPolC 1903, § 1742; RC 1919, § 8600; SDC 1939, § 28.1203.
S.D. Codified Laws § 31-29-71.14 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.14
Applications for permits--Forms provided
Status: in_force

Any applications for permits provided by § 31-29-71 shall be submitted on forms provided by the department. The department may require, with the application, supporting information such as, but not limited to, proof of ownership or proof of legal erection.

Source: SL 1986, ch 240, § 12.
S.D. Codified Laws § 31-4-13 — SD Code / Title 31 / Chapter 4 / Section 31-4-13
Official map of system--Alterations or additions
Status: in_force

The Department of Transportation shall prepare and maintain in its offices at Pierre an official map of the State of South Dakota showing the exact location of the state trunk highway system as created in this chapter. Any alteration or addition to the system shall be entered upon the map.

Source: SL 1919, ch 333, § 46; SL 1923, ch 284, § 3; SDC 1939, §§ 28.0209, 28.0210; SL 1939, ch 107, § 2; SL 1949, ch 113, § 2; SL 1953, ch 139; SL 1957, ch 123; SDC Supp 1960, § 28.0209-1; SL 1964, ch 94; SL 1968, ch 124; SL 2009, ch 144, § 1.
S.D. Codified Laws § 31-32-4 — SD Code / Title 31 / Chapter 32 / Section 31-32-4
Intentional destruction of tollhouse or turnpike gate--Felony
Status: in_force

Every person who intentionally injures or destroys any tollhouse or turnpike gate is guilty of a Class 6 felony.

Source: PenC 1877, § 688; CL 1887, § 6877; RPenC 1903, § 706; RC 1919, § 4310; SDC 1939, § 13.4517.
S.D. Codified Laws § 31-2-38 — SD Code / Title 31 / Chapter 2 / Section 31-2-38
Award of damages, attorney's fees, and costs--Payment by state
Status: in_force

Notwithstanding any limitation in § 31-2-13.2 or 31-2-14.2 , the State of South Dakota shall pay to any successful litigant in an action brought pursuant to this chapter or with respect to any highway or public transportation project pursuant to § 1-44-37 , the amount of damages awarded and the amount of attorney fees and costs assessed against this state, out of the state highway fund from all the moneys levied and collected by the state by general state taxation for state highway purposes, or appropriated for state highway purposes .

Source: SL 1964, ch 110, § 5; SL 2026, ch 14, § 3.
S.D. Codified Laws § 31-13-9 — SD Code / Title 31 / Chapter 13 / Section 31-13-9
Restriction on progress payments
Status: in_force

In no case shall more than seventy - five percent of the contract price be paid on any contract let by a board of township supervisors until the work is completed and accepted by the board and so certified by it, except as provided in this title for payment upon estimates prepared by the county highway superintendent.

Source: SL 1911, ch 221, § 6; RC 1919, § 8555; repealed SL 1919, ch 333, § 69; re - enacted SDC 1939, § 28.0403.
S.D. Codified Laws § 31-19-32 — SD Code / Title 31 / Chapter 19 / Section 31-19-32
Right to jury trial--Waiver--Placing cause on calendar without notice
Status: in_force

The owner or any persons in interest shall have a jury trial, unless jury trial is waived, to determine their damages and such cause shall be placed on the court calendar for trial without notice at the next regular term of court in the county in which such case is pending.

Source: SL 1963, ch 195, § 10.
S.D. Codified Laws § 31-12-50 — SD Code / Title 31 / Chapter 12 / Section 31-12-50
No maintenance highway open to public access--No duty to maintain or improve
Status: in_force

A no maintenance highway designated under § 31-12-48 is any highway that shall remain open to public access, but over which the board of county commissioners has no responsibility for maintenance or improvement, except as provided under § 31-12-48 .

Source: SL 2018, ch 172, § 3; SL 2019, ch 128, § 2.
S.D. Codified Laws § 31-19-2 — SD Code / Title 31 / Chapter 19 / Section 31-19-2
Resolution of necessity--Recordation and filing
Status: in_force

Before acquiring land or material by condemnation, the Department of Transportation shall, by resolution, declare the necessity for acquiring the land or material and file a copy of the resolution with the office of right - of - way in the department.

Source: SL 1939, ch 113, § 3; SDC Supp 1960, § 28.13A03; SL 1976, ch 184, § 2; SL 1977, ch 242, § 2; SL 1998, ch 170, § 1; SL 2004, ch 196, § 3; SL 2004, ch 197, § 1.
S.D. Codified Laws § 31-26-5 — SD Code / Title 31 / Chapter 26 / Section 31-26-5
Lines or cable maintained in accordance with National Electrical Safety Code--Compliance establishes due care in negligence claim
Status: in_force

The grantee under § 31-26-1 shall construct and maintain the grantee's poles, wires, or underground cable and line in accordance with the applicable National Electrical Safety Code adopted by the Bureau of Standards of the United States Department of Commerce. Proof of compliance with the requirements of the applicable National Electrical Safety Code standard establishes due care in the defense of a negligence claim alleging a violation of that standard.

Source: SDC 1939, § 28.1001 (4) as enacted by SL 1939, ch 108; SL 1953, ch 149, § 1; SL 1953, ch 150; SL 2003, ch 159, § 3; SL 2007, ch 261, § 2.
S.D. Codified Laws § 31-4-168 — SD Code / Title 31 / Chapter 4 / Section 31-4-168
State Highway 48 from Interstate Highway 29 to Iowa
Status: in_force

The state trunk highway system includes the following in Union County:

From a point on Interstate Highway 29 northwest of Elk Point near the north quarter corner of section thirty, township ninety - three north, range fifty west, thence easterly to the Iowa state line near the southwest corner of section thirty, township ninety - three north, range forty - eight west.

Source: SL 1984, ch 209, § 41.
S.D. Codified Laws § 31-4-246 — SD Code / Title 31 / Chapter 4 / Section 31-4-246
State Highway 1804
Status: in_force

The state trunk highway system includes the following in Charles Mix, Hughes, Sully, Potter, Walworth, and Campbell counties:

(1) From a point south of State Highway 50 near the southwest corner of section nineteen, township ninety - six north, range sixty - six west, thence northerly to State Highway 50 near the southwest corner of section thirty - one, township ninety - seven north, range sixty - six west;

(2) From a point south of State Highway 44 near the southwest corner of section thirteen, township ninety - eight north, range sixty - nine west, thence northwesterly to State Highway 44 west of Platte near the northwest corner of section twenty - two, township ninety - nine north, range sixty - nine west;

(3) From a point on U.S. Highway 14 in Pierre in the southeast quarter of section twenty-two, township one hundred eleven north, range seventy - nine west, thence southwesterly, thence northerly along Oahe Reservoir to U.S. Highway 212 west of Gettysburg in section twenty - nine, township one hundred eighteen north, range seventy - eight west;

(4) From a point on U.S. Highway 212 west of Gettysburg near the southwest corner of section twenty - four, township one hundred eighteen north, range seventy - eight west, thence northerly to a point near the northwest corner of section two, township one hundred eighteen north, range seventy - eight west;

(5) From a point south of U.S. Highway 12 near the northeast corner of section thirty - five, township one hundred twenty - three north, range seventy - eight west, thence northwesterly along Oahe Reservoir to U.S. Highway 12 east of Mobridge west of the northeast corner of section twenty - six, township one hundred twenty - four north, range seventy - nine west; and

(6) From a point on U.S. Highway 12 in Mobridge near the southwest corner of section twenty, township one hundred twenty - four north, range seventy - nine west, thence northerly along Oahe Reservoir via Mobridge and Pollock to the North Dakota state line west of the northeast corner of section five, township one hundred twenty - eight north, range seventy - nine west.

Source: SL 1984, ch 209, § 119; SL 1989, ch 250, § 2; SL 2025, ch 112, § 2.
S.D. Codified Laws § 31-10-8 — SD Code / Title 31 / Chapter 10 / Section 31-10-8
Collection of tolls--Duration--Credit to state highway fund
Status: in_force

Any bridge purchased or constructed under §§ 31-10-2 to 31-10-11 , inclusive, shall be free from tolls. However, tolls may be collected on the traffic crossing the bridge until such time as the net sum of tolls so collected plus funds paid as provided in §§ 31-10-6 and 31-10-7 , equals the cost of the structure plus a reasonable rate of interest on deferred installments of the cost. The portion of the net tolls collected on the bridge, going to the State of South Dakota shall be credited to the state highway fund.

Source: SL 1947, ch 132, § 5; SDC Supp 1960, § 28.1429; SL 2010, ch 145, § 85.
S.D. Codified Laws § 31-18-4 — SD Code / Title 31 / Chapter 18 / Section 31-18-4
Relicted lands--Highway rights continue
Status: in_force

The apportionment, division, or survey of lands acquired by reliction, either by the owner or owners of such lands, or by virtue of the judgment of any court, pursuant to the provisions of this code, shall not in any manner operate as an abandonment or vacation of any legal highway along or across any such lands, and all section - line highways along or across any such lands shall continue to be public highways until changed or vacated in the manner provided by law.

Source: SL 1905, ch 119; RC 1919, § 8617; SDC 1939, § 28.0111.
S.D. Codified Laws § 31-17-17 — SD Code / Title 31 / Chapter 17 / Section 31-17-17
County highway on municipal boundary--Responsibility
Status: in_force

A highway on the county highway system that is also on the boundary line of any municipality must be assigned to the charge of the municipality, board of supervisors of adjoining civil townships, or the board of county commissioners in the case of unorganized territory as may be agreed upon by the respective governing bodies and the secretary of transportation and in case of disagreement, as determined by the secretary of transportation. Any highway segment assigned exclusively to the charge of a municipality or board of supervisors of a civil township is not part of the county highway system.

Source: SL 2024, ch 104, § 2.
S.D. Codified Laws § 31-10-4 — SD Code / Title 31 / Chapter 10 / Section 31-10-4
Condemnation proceedings
Status: in_force

In the purchase, acquisition, construction, or maintenance under §§ 31-10-2 to 31-10-11 , inclusive, of any boundary state highway bridge or approaches thereto, the department may purchase, or institute and maintain proceedings for the condemnation of the necessary right-of-way therefor. All the provisions of the law relating to the condemnation of real or personal property for public state purposes apply and may be exercised by the department for the carrying out of the purposes of §§ 31-10-2 to 31-10-11 , inclusive.

Source: SL 1947, ch 132, § 7; SDC Supp 1960, § 28.1431; SL 2010, ch 145, § 83.
S.D. Codified Laws § 31-4-161 — SD Code / Title 31 / Chapter 4 / Section 31-4-161
State Highway 40 from U.S. Highway 16 Alternate to Cheyenne River
Status: in_force

The state trunk highway system includes the following in Pennington and Custer counties:

(1) From a point on U.S. Highway 16 Alternate in Keystone in section eight, township two south, range six east, thence southeasterly via Keystone to State Highway 79 south of the northeast corner of section thirty - one, township two south, range eight east;

(2) From a point on State Highway 79 near the northeast corner of section thirty - one, township two south, range eight east, thence southeasterly to the south end of the Cheyenne River Bridge in section twenty - five, township four south, range ten east.

Source: SL 1984, ch 209, § 34.
S.D. Codified Laws § 31-14-3 — SD Code / Title 31 / Chapter 14 / Section 31-14-3
Drainage investigation of new or replacement bridge site
Status: in_force

After determining the necessity for any new or replacement bridge in the county, the board of county commissioners shall advise the county highway superintendent of the determination, and require the superintendent or a registered engineer retained by the board of county commissioners for that purpose to make a drainage investigation of the bridge site.

Source: SL 1919, ch 333, § 31; SL 1921, ch 386; SDC 1939, § 28.1404; SL 1961, ch 142, § 1; SL 2018, ch 168, § 39.
S.D. Codified Laws § 31-28-25 — SD Code / Title 31 / Chapter 28 / Section 31-28-25
Traffic light control
Status: in_force

Nothing in §§ 31-28-19 to 31-28-23.1 , inclusive, limits the existing authority of South Dakota law enforcement officers in the performance of their duties involving traffic light control.

Source: SL 1963, ch 274, § 7; SL 2010, ch 145, § 146; SL 2021, ch 128, § 5.
S.D. Codified Laws § 31-13-40 — SD Code / Title 31 / Chapter 13 / Section 31-13-40
Consideration of objections to improvement--Adoption of resolution--Notice to owners added by amendment
Status: in_force

At the time of the meeting referred to in § 31-13-37 or at any adjournment thereof the governing body shall consider any objections to such proposed resolution and may adopt such resolution, with or without amendment as it may deem proper. No amendment shall be made affecting property of any class not included in the original resolution until the owner thereof shall have been given the notice and opportunity to be heard provided by §§ 31-13-37 to 31-13-39 , inclusive.

Source: SL 1979, ch 197, § 7.
S.D. Codified Laws § 31-12-14 — SD Code / Title 31 / Chapter 12 / Section 31-12-14
Deadline for bids--Advertisement--Rejection of bids
Status: in_force

If the cost of any road, bridge, tile, or culvert construction, repair work, or materials upon a county highway system or secondary roads exceeds the amount provided for in § 5-18A-14 or any less amount for which work bids are to be called for, and after plans and specifications therefor have been prepared and filed in the office of the county auditor, the board having charge shall designate a time not less than twenty days from the date of such filing, at which sealed bids for such work or materials will be received. The board shall cause notice thereof to be published once each week for two successive weeks in one of the official newspapers of the county. The notice shall state where plans and specifications may be examined, when and where bids will be opened, a brief statement of the principal items of work and materials contemplated by the improvement, and the location of the same, the amount of the certified check or bidder's bond to be required, and such further notice as the board having supervision may deem advisable. Bids may be received at any special or regular meeting of the board. The board may refuse to accept any bids submitted.

Source: SDC 1939, § 28.0115; SL 1972, ch 32, § 4; SL 1982, ch 223, § 1B; SL 1987, ch 211, § 3; SL 1993, ch 218, § 1; SL 2011, ch 2, § 135.
S.D. Codified Laws § 31-13-1.4 — SD Code / Title 31 / Chapter 13 / Section 31-13-1.4
Designation of no maintenance section line
Status: in_force

The board of township supervisors may designate an unimproved section line not maintained for vehicle travel as a no maintenance section line. The board shall identify the beginning and end point of the section line designated as no maintenance. The board does not have any responsibility on a no maintenance section line except to require removal or remediation of a manmade obstruction, if needed, to maintain the public access.

Source: SL 2013, ch 131, § 2.
S.D. Codified Laws § 31-26-15 — SD Code / Title 31 / Chapter 26 / Section 31-26-15
Application granted--Adjustment with other utilities--Apportionment of costs--Telephone companies
Status: in_force

If the application for construction or reconstruction of an electric line is granted by the board of county commissioners, it shall be competent for such board to adjust any differences that may arise between any such applicant and any owner or owners of any electric, telephone, or telegraph line or underground cable affected by such decision, in the matter of construction or reconstruction, and such board may adjust and apportion the costs which may be occasioned in order to carry out the plans, methods, or means approved by the board as deemed necessary to avoid or minimize interference or hazard. However, if there is a dispute between two telephone companies such dispute shall be adjusted by the Public Utilities Commission.

Source: SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2; SL 2003, ch 159, § 8.
S.D. Codified Laws § 31-14-8 — SD Code / Title 31 / Chapter 14 / Section 31-14-8
Bid and certified check or bond deposited with county auditor before opening of bids
Status: in_force

Each bid shall be made in accordance with the plans and specifications on file. Each bid in excess of fifty thousand dollars shall be accompanied by a certified check, certified by a state or national bank domiciled within this state, in the sum of five percent of the total amount of the bid, or a ten percent bid bond issued by a surety authorized to do business in the state. To be effectual for any purpose the bid and certified check or bond shall be securely enclosed in a sealed envelope and deposited with the county auditor before the hour of opening the sealed bids.

Source: SL 1919, ch 333, § 32; SL 1920 (SS), ch 89; SDC 1939, § 28.1405; SL 1961, ch 142, § 2; SL 2018, ch 168, § 43.
S.D. Codified Laws § 31-12A-1 — SD Code / Title 31 / Chapter 12A / Section 31-12A-1
Incorporation of road district
Status: in_force

Any area outside the boundary of a municipality, which is situated so that the construction or maintenance of roads becomes desirable, may be incorporated as a road district pursuant to this chapter.

Source: SL 1977, ch 241, § 1; SL 1982, ch 224, § 1; SL 1998, ch 36, § 9; SL 1999, ch 150, § 1; SL 1999, ch 151, § 1; SL 2014, ch 46, § 4.
S.D. Codified Laws § 31-8-12 — SD Code / Title 31 / Chapter 8 / Section 31-8-12
Public way connected with facility--Consent of highway authority required
Status: in_force

No municipal street, county or state highway, or other public way may be opened into or connected with any controlled-access facility without the consent and previous approval of the highway authority in the state, county, or municipality having jurisdiction over the controlled-access facility. The consent and approval shall be given only if the public interest is served thereby.

Source: SL 1953, ch 155, § 7; SDC Supp 1960, § 28.09A07; SL 2010, ch 145, § 73.
S.D. Codified Laws § 31-3-37 — SD Code / Title 31 / Chapter 3 / Section 31-3-37
Expenses of survey--Payment by person seeking location of highway
Status: in_force

If a survey of the highway mentioned in § 31-3-36 is necessary, the board of county commissioners before ordering such survey shall require the persons asking for the location of such highway to pay the expenses of such survey.

Source: SL 1883, ch 67, § 2; CL 1887, § 1220; RPolC 1903, § 1625; RC 1919, § 8547; SDC 1939, § 28.0611.
S.D. Codified Laws § 31-13-53 — SD Code / Title 31 / Chapter 13 / Section 31-13-53
Records maintained by township clerk--Destruction of certain records
Status: in_force

The township clerk shall keep on file a record of all proceedings taken in the matter of opening, altering, vacating, paving, or otherwise improving any street, and after the confirmation of any report in such matters he shall record all the proceedings taken in relation to the improvement. But, the clerk may destroy any record which the records destruction board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historical value.

Source: SL 1979, ch 197, § 18; SL 1993, ch 69, § 5.
S.D. Codified Laws § 31-29-71.13 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.13
Commercial or industrial activity
Status: in_force

For the purposes of this chapter, a "commercial or industrial activity" is an activity generally recognized as commercial or industrial by zoning authorities in the state except outdoor advertising structures; agricultural use including forestry, ranching, grazing, and farming; wayside and fresh produce stands; transient or temporary activities; activities conducted in a building principally used as a residence; activities more than six hundred sixty feet from the nearest edge of the right - of - way; activities not visible from the main traveled way; and railroad tracks and minor sidings.

Source: SL 1986, ch 240, § 11.
S.D. Codified Laws § 31-2-37 — SD Code / Title 31 / Chapter 2 / Section 31-2-37
Time for actions against state
Status: in_force

Actions against the State of South Dakota authorized under the provisions of 31-2-34 shall be instituted within two years from the date of the completion of the work as provided under the terms of that particular contract or contracts.

Source: SL 1964, ch 110, § 4.
S.D. Codified Laws § 31-13-11 — SD Code / Title 31 / Chapter 13 / Section 31-13-11
Township highway tax--Certification to county auditor--Collection
Status: in_force

It shall be the duty of the township clerk, immediately after the board of township supervisors shall have made a levy of taxes for highway purposes, or within three days thereafter, to notify the county auditor of the amount of the levy, who shall enter the same upon the county tax list, to be collected by the county treasurer in the same manner as other township taxes are collected, and such taxes shall be levied by the township supervisors on the fourth Monday of June each year. Such taxes shall become payable and delinquent and, if not paid, shall draw interest and penalty as other township taxes, and when collected shall constitute a highway fund belonging to the township from which it was collected, to be turned over to the township treasurer in the same manner as other funds are transferred to him.

Source: SL 1911, ch 221, § 4; SL 1913, ch 232, § 2; SL 1917, ch 369, § 1; RC 1919, § 8552; SDC 1939, § 28.0405; SL 1953, ch 146, § 2.
S.D. Codified Laws § 31-29-67.1 — SD Code / Title 31 / Chapter 29 / Section 31-29-67.1
Maintenance of signs
Status: in_force

All signs subject to provisions of this chapter shall be maintained structurally safe, clean, and in good repair by the sign owner. Violations are subject to the provisions of this chapter.

Source: SL 1991, ch 235, § 4.
S.D. Codified Laws § 31-2-14.1 — SD Code / Title 31 / Chapter 2 / Section 31-2-14.1
Rules to define "administrative purposes"
Status: in_force

The Transportation Commission shall promulgate rules pursuant to chapter 1-26 to define the term, "administrative purposes" for the purposes of § 31-2-14 .

Source: SL 1990, ch 224.
S.D. Codified Laws § 31-29-72.2 — SD Code / Title 31 / Chapter 29 / Section 31-29-72.2
Priority in removal of advertising
Status: in_force

The secretary of the Department of Transportation shall establish a priority list to be followed in the removal of outdoor advertising pursuant to this chapter. The removal of directional information in the interest of the traveling public shall be the lowest priority on this list.

Source: SL 1979, ch 202, § 17.
S.D. Codified Laws § 31-29-61 — SD Code / Title 31 / Chapter 29 / Section 31-29-61
Legislative policy on outdoor advertising along interstate and primary highways
Status: in_force

The Legislature, recognizing the public investment in highways and in justification of these expenditures, particularly the cost of maintenance which is borne wholly by state funds, finds and declares that it is the policy of this state that the erection and maintenance of outdoor advertising in areas adjacent to the right-of-way of the interstate and primary systems within this state shall be regulated in accordance with the terms of this chapter. All outdoor advertising determined to be nonconforming to the requirements of this chapter shall be subject to removal.

Source: SL 1977, ch 246, § 1; SL 1979, ch 202, § 5.
S.D. Codified Laws § 31-8-2 — SD Code / Title 31 / Chapter 8 / Section 31-8-2
Commercial vehicles permitted or excluded
Status: in_force

Any highway or street constituting a controlled-access facility may be a freeway open to use by all customary forms of street and highway traffic or the highway or street may be a parkway from which trucks, buses, and other commercial vehicles are excluded.

Source: SL 1953, ch 155, § 2; SDC Supp 1960, § 28.09A02; SL 2010, ch 145, § 64.
S.D. Codified Laws § 31-7-8 — SD Code / Title 31 / Chapter 7 / Section 31-7-8
Control areas and points--Programming to permit use of new construction
Status: in_force

The department, in cooperation with the United States government and adjacent states, may establish control areas and control points between control areas as set forth in this chapter and program the construction on the interstate system in a manner that will permit use of new construction on sections connecting the intermediate control points.

Source: SL 1955, ch 104, § 4; SDC Supp 1960, § 28.0234; SL 2010, ch 145, § 55.
S.D. Codified Laws § 31-12A-36 — SD Code / Title 31 / Chapter 12A / Section 31-12A-36
Annexation of area--Procedures
Status: in_force

A contiguous area may be annexed to a road district by circulation of an initiating petition for annexation signed by twenty-five percent of the eligible voters in the area to be annexed and twenty-five percent of the eligible voters in the existing district, similar to an initiating petition specified in this chapter.

Upon receipt of an initiating petition and passage of a resolution by the directors finding that the petition is valid, the area shall be annexed if a majority of the eligible voters in the area to be annexed and a majority of the eligible voters in the existing area vote in favor of the annexation in the same manner as prescribed for creation of a new road district.

Source: SL 2001, ch 159, § 8; SL 2014, ch 46, § 21; SL 2016, ch 152, § 1.
S.D. Codified Laws § 31-27-11 — SD Code / Title 31 / Chapter 27 / Section 31-27-11
Grading and approaches if no right-of-way needed
Status: in_force

If no right-of-way is needed for the building of a subway or overhead crossing on a state or county highway, the state or county shall do the necessary grading, approaching, and leading from the overhead or subway undercrossing.

Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1103 (5); SL 2010, ch 145, § 130.
S.D. Codified Laws § 31-34-4 — SD Code / Title 31 / Chapter 34 / Section 31-34-4
Application process
Status: in_force

Applications for use of moneys allocated to a fund pursuant to this chapter must be submitted to the board of county commissioners on or before October thirty-first on forms prescribed by the association of county commissioners. The board of county commissioners shall award the moneys no later than the immediately following January fifteenth.

Applications from townships must be accompanied by a resolution approved by the township board of supervisors authorizing the application and any funding commitments made by the township. The township or county share is a minimum of twenty percent of the sum necessary to complete the project.

Applications for county secondary highways must be submitted by the county highway superintendent.

If a county declares a disaster, the deadline by which an application must be submitted is waived, provided that the application meets the other requirements of this section.

Source: SL 2021, ch 129, § 4, eff. Mar. 25, 2021; SL 2022, ch 92, § 3; SL 2023, ch 97, § 1.
S.D. Codified Laws § 31-12A-1.2 — SD Code / Title 31 / Chapter 12A / Section 31-12A-1.2
Eligible voter and landowner defined
Status: in_force

As used in this chapter, the term, eligible voter, has the meaning specified in this section. Only persons or public corporations that are landowners of land located within the proposed or existing road district are eligible to vote in the formation election or any subsequent election of a road district, except as provided in this chapter. An eligible voter may reside within or outside the district. Any firm, partnership, limited liability company, association, estate, or corporation that holds title to land located within the proposed or existing road district is entitled to one vote and may designate an officer or agent to vote on its behalf by presenting a written instrument to that effect to the election officials. The vote of any eligible voter who is a minor or a protected person as defined by § 29A-5-102 , may be cast by the parent, conservator, or legal representative of the minor or protected person. However, if more than one person holds an interest in a lot, tract, or parcel of land, no more than one vote may be cast in any election with respect to any one lot, tract, or parcel of land, as the owners may among themselves determine.

As used in this chapter, the term, landowner, means any owner of land other than a governmental entity, as evidenced by records in the offices of the register of deeds and the clerk of courts in the county containing a proposed or existing road district. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county in which the land is situated, the individual purchaser of the land, as named in the contract for deed, is treated as the landowner.

Source: SL 2014, ch 46, § 5.
S.D. Codified Laws § 31-26-25 — SD Code / Title 31 / Chapter 26 / Section 31-26-25
Construction of rural water or livestock pipeline on public highway--Application--Countywide authorization--Ordinance--Nature of interest
Status: in_force

Any person desiring to construct or lay a water pipeline over, across, or under public highways, except state trunk system highways, for the purpose of providing rural water service, or providing water to livestock on property that is taxed as agricultural land, must make application to the board of county commissioners as provided in this chapter. Upon application, the board of county commissioners may grant countywide authorization for the construction of rural water service lines or lines that water livestock, subject to the provisions of this chapter. The board of county commissioners may enact ordinances governing pipelines and grant authorization to the highway superintendent to approve rural water service lines without application to the board. County approval of a pipeline authorized under this section creates no ownership interest and is a temporary grant to utilize the highway.

Source: SL 1977, ch 244, § 1; SL 1979, ch 199, §§ 1, 2; SL 2023, ch 96, § 1.
S.D. Codified Laws § 31-13-4 — SD Code / Title 31 / Chapter 13 / Section 31-13-4
Width of highway grades
Status: in_force

Plans and specifications for contracts let by the board of township supervisors shall provide that all highway grades shall be not less than twenty feet in width.

Source: SL 1911, ch 221, § 5; RC 1919, § 8554; repealed SL 1919, ch 333, § 69; re - enacted SDC 1939, § 28.0402.
S.D. Codified Laws § 31-13-43 — SD Code / Title 31 / Chapter 13 / Section 31-13-43
Costs paid by township--Deduction before assessment to property
Status: in_force

If the board of supervisors by resolution so provides, any portion of the cost may be paid by the township out of its general funds appropriated for that purpose and the proper deduction shall be made of the cost to be so paid before the cost to be assessed is distributed to the several lots as required. The sum determined to be paid may be a fixed amount or fraction of the total cost of the improvement, or of a specified portion thereof on which the construction is substantially uniform. Such amount or fraction may be additional to any amounts assumed by the township in accordance with the provisions of §§ 31-13-47 to 31-13-49 , inclusive, or the costs referred to in those sections may be paid therefrom, as determined by the resolution.

Source: SL 1979, ch 197, § 11.
S.D. Codified Laws § 31-8-15.1 — SD Code / Title 31 / Chapter 8 / Section 31-8-15.1
Meaning of recovery vehicle
Status: in_force

For the purposes of §§ 31-8-15 to 31-8-15.2 , inclusive, a recovery vehicle is a motor vehicle which is specially equipped with a boom, winch, or wheel lift to tow, haul, or push a disabled motor vehicle. The recovery vehicle shall have amber beacon or flashing warning lights which shall be used as provided by § 32-17-10 . The recovery vehicle shall also display the company's name in two inch letters on both sides of the vehicle in a location visible to the public.

Source: SL 1988, ch 234, § 2.
S.D. Codified Laws § 31-4-227 — SD Code / Title 31 / Chapter 4 / Section 31-4-227
State Highway 271 from U.S. Highway 12 to North Dakota
Status: in_force

The state trunk highway system includes the following in Walworth and Campbell counties:

(1) From a point on U.S. Highway 12 south of Java near the southwest corner of section twenty - two, township one hundred twenty - three north, range seventy - five west, thence north to the Walworth County line on the north line of section three, township one hundred twenty - four north, range seventy - five west;

(2) From a point on State Highway 10, south of Artas near the southwest corner of section thirty - three, township one hundred twenty - seven north, range seventy - four west, thence northerly to the North Dakota state line east of the northwest corner of section six, township one hundred twenty - eight north, range seventy - four west.

Source: SL 1984, ch 209, § 100.
S.D. Codified Laws § 31-29-63 — SD Code / Title 31 / Chapter 29 / Section 31-29-63
Advertising prohibited within specified distances of main-traveled way--Exceptions
Status: in_force

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

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

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

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

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

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

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

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

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

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

Source: SL 1966, ch 87, § 3; SL 1967, ch 118, § 3; SDCL § 31-29-19; SL 1973, ch 192, § 4; SL 1975, ch 195, § 2; SL 1977, ch 246, § 3; SL 1979, ch 202, § 8; SL 2010, ch 145, § 156; SL 2021, ch 128, § 8.
S.D. Codified Laws § 31-19-9 — SD Code / Title 31 / Chapter 19 / Section 31-19-9
Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons
Status: in_force

The summons as published shall have annexed thereto a notice that if the defendants as to whom publication has been ordered do not appear in said proceeding within ten days from the last publication thereof, the plaintiff will make application to the court for the order mentioned in the body of the summons. Such summons shall be published once a week for two successive weeks in some newspaper published and of general circulation in the county where the proceeding is had, and the publication of the same shall show at the top thereof the date of the last publication; and except as modified by §§ 31-19-7 to 31-19-10 , inclusive, the proceedings for publication of the summons shall in all respects be governed by the provisions of Title 15, relating to publication of summons.

Source: SL 1939, ch 113, § 7; SL 1953, ch 152; SDC Supp 1960, § 28.13A07.
S.D. Codified Laws § 31-14-18 — SD Code / Title 31 / Chapter 14 / Section 31-14-18
Progress reports by county highway superintendent--Partial payments on contracts
Status: in_force

The county highway superintendent shall report to the board of county commissioners every thirty days, or so often as they may require, as to the progress and character of the work done by the contractor of each bridge, or piece of work built by the county, and upon the report of said superintendent, partial payments in the amounts and manner specified for each particular bridge or piece of work shall be made. None of such partial payments, however, shall be held to constitute an acceptance of the work in whole or in part by the county.

Source: SL 1919, ch 333, § 34; SDC 1939, § 28.1407.
S.D. Codified Laws § 31-32-10 — SD Code / Title 31 / Chapter 32 / Section 31-32-10
Governing body to place guards on damaged road--Time to erect--Abandoned road--Penalty
Status: in_force

If any highway, culvert, or bridge is damaged by flood, fire or other cause, to the extent that it endangers the safety of public travel, the governing body responsible for the maintenance of such highway, culvert, or bridge, shall within forty - eight hours of receiving notice of such danger, erect guards over such defect or across such highway of sufficient height, width, and strength to guard the public from accident or injury and shall repair the damage or provide an alternative means of crossing within a reasonable time after receiving notice of the danger. The governing body shall erect a similar guard across any abandoned public highway, culvert, or bridge. Any officer who violates any of the provisions of this section commits a petty offense.

Source: SDC 1939, §§ 28.0913, 28.9910; SL 1951, ch 140; SL 1990, ch 227.
S.D. Codified Laws § 31-24-9 — SD Code / Title 31 / Chapter 24 / Section 31-24-9
Approaches to highway grade crossings--Failure to perform duty to provide--Petty offense
Status: in_force

Township supervisors, county commissioners, the Department of Transportation, or others having direction of any highway grade shall provide at every place where such grade crosses an intersecting public highway an easy and accessible approach to such grade on each side thereof upon each such intersecting public highway. The approach shall be at least twenty-four feet in width. Any officer or other person charged with the duty of providing approaches at an intersection, as provided in this section, who fails in the performance of the duty, commits a petty offense.

Source: SL 1919, ch 218, §§ 1, 2; SDC 1939, §§ 28.0909, 28.9907; SL 2010, ch 145, § 121.
S.D. Codified Laws § 31-17-1 — SD Code / Title 31 / Chapter 17 / Section 31-17-1
County highway system on state line--Agreements for assignment of responsibility
Status: in_force

If any portion of a county highway system lies on a state line, the Department of Transportation may confer with the authorities of the bordering state and agree upon the assignment of portions of the highway to the counties of the two states for construction, repair, and maintenance.

Source: SL 1919, ch 333, § 11; SDC 1939, § 28.0701; SL 2010, ch 145, § 105.
S.D. Codified Laws § 31-29-71.9 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.9
Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with no service road
Status: in_force

Any zoned commercial or industrial area in a quadrant of an interstate interchange which has no service road access within two thousand five hundred feet of the interstate or no existing commercial or industrial activity in that quadrant is acceptable for outdoor advertising purposes to the extent it is within the area beginning at the interstate crossroad and extending five hundred and ten feet beyond the prohibited distance specified in § 31-29-64 and it is within one thousand feet of the interstate centerline.

Source: SL 1986, ch 240, § 7.
S.D. Codified Laws § 31-13-35 — SD Code / Title 31 / Chapter 13 / Section 31-13-35
Combining of streets in one resolution when improvements not uniform
Status: in_force

If the improvements are not substantially uniform, then the improvement of two or more streets or portions of the same on which the improvements are not uniform may be included in one resolution, if the nature of the improvement or its estimated cost per linear foot on each portion of the project is specified in the resolution. Any two or more improvements of the types herein specified which have been commenced by separate resolutions of necessity may thereafter be combined for all purposes, as determined by the board of township supervisors.

Source: SL 1979, ch 197, § 4.
S.D. Codified Laws § 31-13-41 — SD Code / Title 31 / Chapter 13 / Section 31-13-41
Waiting period before actions on improvement--Ratification of prior actions
Status: in_force

After twenty days from the adoption and publication of the resolution referred to in § 31-13-40 , unless the referendum be invoked, pursuant to § 31-3-14 , or unless a written protest has been filed with the township clerk and signed by the owners of more than fifty - five percent of the frontage of property liable to assessment, the board of supervisors may cause the improvement to be made, may contract therefor, and may levy and collect special assessments therefor as provided in this chapter. Any proceedings taken prior to the adoption of the resolution shall be deemed ratified.

Source: SL 1979, ch 197, § 8; SL 2021, ch 43, § 22.
S.D. Codified Laws § 31-2-18 — SD Code / Title 31 / Chapter 2 / Section 31-2-18
Employment of persons with developmental disabilities
Status: in_force

The Department of Transportation may contract for the services of any person with a developmental disability as defined in chapter 27B-1 , for the performance of any work under the supervision and control of the department, without competitive bids, if the department determines that the work can be performed by the person with a developmental disability at a cost substantially equal to the ordinary cost.

Source: SL 1965, ch 143; SL 2010, ch 145, § 13.