reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-7.1 - Legally abandoned and nonoperational track defined.

31-28-7.1. Legally abandoned and nonoperational track defined.
For the purpose of §31-28-7, legally abandoned track is any section of railway track on which formal legal abandonment proceedings have been completed. For the purpose of §§31-28-7, 31-28-7.2, and 32-29-5, nonoperational track is any section of railway track on which there has been no traffic for the previous three months and there is no prospect of traffic in the near future.
Source:
SL 1981, ch 228, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-7.2 - Notice of nonoperational track becoming operational.

31-28-7.2. Notice of nonoperational track becoming operational.
If a nonoperational track becomes operational, the operator of that railroad shall, not less than thirty days prior to operating on the track, cause public notice to be given thereof, by publication in each newspaper published in each county in which the operator intends to operate, once each week for four consecutive weeks, notifying the public of the date on which operations shall begin. The operator shall also notify each school superintendent in those counties in writing of the commencement of operations.
Source:
SL 1981, ch 228, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-8 - Erection of unofficial signs prohibited--Misdemeanor--Emergencies--Approval by Department of Transportation.

31-28-8. Erection of unofficial signs prohibited--Misdemeanor--Emergencies--Approval by Department of Transportation.
It shall be a Class 1 misdemeanor to erect or display any sign endangering the public or other guide or warning signs upon the trunk highway system except in case of emergency or when approved by the Department of Transportation.
Source:
SL 1919, ch 333, §53; SL 1923, ch 284, §4; SDC 1939, §§28.0901, 28.9903; SL 1941, ch 130; SDCL, §31-28-9.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-10 - Marking intrastate and interstate highways--Uniformity--Conformity with other states.

31-28-10. Marking intrastate and interstate highways--Uniformity--Conformity with other states.
The department may classify, designate, and mark both intrastate and interstate highways lying within the boundaries of this state and provide a uniform system of marking and signing the highways under the jurisdiction of this state. The system of marking and signing shall correlate with and so far as possible conform to the system adopted in other states.
Source:
SL 1929, ch 251, §58; SDC 1939, §44.0359; SL 2010, ch 145, §139.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-10.1 - Standards for supplemental guide signs--Rules--Definition.

31-28-10.1. Standards for supplemental guide signs--Rules--Definition.
The Transportation Commission shall promulgate rules pursuant to chapter 1-26 and consistent with the manual on uniform traffic control devices governing standards for supplemental guide signs on the interstate highway system. The rules shall set forth qualifying facility criteria; application procedures; sign content, size, location, and spacing restrictions; erection requirements; and message priority. For the purposes of §§31-28-10.1 to 31-28-10.3, inclusive, a supplemental guide sign is any official sign erected on the right-of-way to provide guidance for the motorist to traffic generators.
Source:
SL 1979, ch 200, §§1, 2; SL 1987, ch 210, §14.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-10.2 - Safety as prime consideration in supplemental guide signs--Traffic generating capacity secondary.

31-28-10.2. Safety as prime consideration in supplemental guide signs--Traffic generating capacity secondary.
The Transportation Commission shall give priority consideration to highway safety factors before approval of any application for a supplemental guide sign. Secondary consideration shall only be given to criteria relating to the traffic generating capacity of the facility or institution making application for the supplemental signing.
Source:
SL 1979, ch 200, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-10.3 - Supplemental guide signs for smaller institutions.

31-28-10.3. Supplemental guide signs for smaller institutions.
In establishing standards pursuant to §31-28-10.1 the Transportation Commission may not restrict the availability of these supplemental guide signs to four-year degree granting institutions, nor may it establish enrollment criteria that restricts the eligibility of smaller educational institutions.
Source:
SL 1979, ch 200, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-11 - Markings to conform to uniform national signing standards on streets and roads constructed with federal aid.

31-28-11. Markings to conform to uniform national signing standards on streets and roads constructed with federal aid.
On any street or road constructed with federal aid, the location, form, character of informational regulatory warning signs, curb and pavement, or other markings and traffic signals, shall conform to uniform national signing standards.
Source:
SL 1945, ch 121; SDC Supp 1960, §28.0904-1; SL 1984, ch 207, §§7, 71.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-12 - Markings on highways under commissioners' jurisdiction--Distances between third class municipalities--Cost of markings.

31-28-12. Markings on highways under commissioners' jurisdiction--Distances between third class municipalities--Cost of markings.
Each board of county commissioners shall erect and maintain substantial guideposts at convenient intervals along all public highways under its jurisdiction not within the boundaries of any municipality, which guideposts shall show in plain letters thereon the directions and distances to the next municipality on either side of the point where such guidepost is located. The cost of erecting such guideposts shall be paid from the county general fund.
Source:
SL 1913, ch 230; RC 1919, §5902; SDC 1939, §12.2901; SL 1980, ch 211, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-13 - Markings by local authorities--Local regulations not enforceable in absence of sign--Location and legibility of sign.

31-28-13. Markings by local authorities--Local regulations not enforceable in absence of sign--Location and legibility of sign.
Local authorities in their respective jurisdictions may cause appropriate signs to be erected and maintained, designating residence and business districts, highway and steam or interurban railway grade crossing, and such other signs as may be deemed necessary to carry out the provisions of chapters 32-14, 32-22, and 32-25 to 32-31, inclusive, and such additional signs as may be appropriate to give notice of local parking and other special regulations. Local parking and other special regulations shall not be enforceable against an alleged violator if, at the time and place of the alleged violation, an appropriate sign giving notice thereof is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
Source:
SL 1929, ch 251, §59; SDC 1939, §44.0360.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-14 - Unauthorized signs, markers, and signals prohibited--Authorization to organization.

31-28-14. Unauthorized signs, markers, and signals prohibited--Authorization to organization.
No unauthorized person may erect or maintain upon any highway, any warning or direction sign, marker, signal, or light in imitation of any official sign, marker, signal, or light erected under the provisions of this chapter. No person may erect or maintain upon any highway any traffic or highway sign or signal bearing thereon any commercial or political campaign advertising. Nothing in this section prohibits the erection or maintenance of any sign, marker, or signal bearing thereon the name of an organization authorized to erect the sign, marker, or signal by the department or any local authority as defined in this chapter.
Source:
SL 1929, ch 251, §60; SDC 1939, §44.0361; SL 2010, ch 145, §140; SL 2011, ch 137, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-16 - Arterial highways--Right-of-way--Violation as misdemeanor.

31-28-16. Arterial highways--Right-of-way--Violation as misdemeanor.
The department and boards of county commissioners may designate certain state and county highways, or portions thereof, as preferential or arterial highways. The traffic upon any highway so designated shall have the right-of-way. Failure to comply with the provisions of this section is a Class 2 misdemeanor.
Source:
SL 1927, ch 136, §§1, 3; SDC 1939, §§28.0902, 28.9904; SDCL §31-28-18; SL 1967, ch 114; SL 2010, ch 145, §141.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-17 - Hazardous intersections--Railroad crossings--Warning signs--Violation as misdemeanor.

31-28-17. Hazardous intersections--Railroad crossings--Warning signs--Violation as misdemeanor.
Except within the limits of a municipality, the department and county commissioners may designate any hazardous intersection as a stop intersection, and designate any railroad crossing as a stop crossing. The intersections and railroad crossings shall be designated by placing a stop sign at the point of stop. The sign to be preceded by a warning sign so as to give warning of stop. Failure to stop at the point of stop of such intersections and railroad crossings is a Class 2 misdemeanor.
Source:
SL 1927, ch 136, §§2, 3; SDC 1939, §§28.0902, 28.9904; SDCL §31-28-18; SL 1967, ch 114; SL 1980, ch 211, §2; SL 2010, ch 145, §142.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-19 - Markings resembling official signs--Obscuring official sign--Violation as misdemeanor.

31-28-19. Markings resembling official signs--Obscuring official sign--Violation as misdemeanor.
No person may place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1963, ch 274, §§4 (1), 6; SDCL §31-28-24; SL 2010, ch 145, §143.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-20 - Commercial or political campaign advertising--Violation as misdemeanor.

31-28-20. Commercial or political campaign advertising--Violation as misdemeanor.
No person may place or maintain nor may any public authority permit upon any highway or public right-of-way any traffic sign or signal bearing any commercial or political campaign advertising. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1963, ch 274, §§4 (2), 6; SDCL §31-28-24; SL 2010, ch 145, §144; SL 2011, ch 137, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-21 - Signs on private property.

31-28-21. Signs on private property.
The provisions of §31-28-19 and 31-28-20 do not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
Source:
SL 1963, ch 274, §4 (3); SL 2010, ch 145, §145.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-22 - Prohibited sign as nuisance.

31-28-22. Prohibited sign as nuisance.
Every sign, signal, marking, or device prohibited by §§31-28-19 and 31-28-20 is hereby declared to be a public nuisance, and the Department of Transportation or local authorities within their respective jurisdictions shall remove the sign, signal, marking, or device or cause it to be removed immediately. The removal may be done without notice.
Source:
SL 1963, ch 274, §4 (4); SL 2001, ch 160, §2; SL 2011, ch 137, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-23 - Tampering, molesting, or interfering with markers, signs, or control devices--Violation as misdemeanor--Liability for costs.

31-28-23. Tampering, molesting, or interfering with markers, signs, or control devices--Violation as misdemeanor--Liability for costs.
No person may, without lawful authority, attempt or actually alter, deface, injure, knock down, remove, or in any manner molest or interfere with any official highway marker, sign, guide board, traffic-control device, interstate highway gate, or any railroad sign or signal, barrier, warning device, or sign erected in connection with highway maintenance or construction activities. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is responsible for the cost of repairing or replacing such markers, signs, signals, barriers, or devices.
Source:
SL 1963, ch 274, §§5, 6; SDCL, §31-28-24; SL 1984, ch 207, §73; SL 1996, ch 188, §3; SL 2001, ch 160, §1; SL 2006, ch 130, §12.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-23.1 - Civil penalty for tampering, removing, or interfering with highway marker, sign, or control device.

31-28-23.1. Civil penalty for tampering, removing, or interfering with highway marker, sign, or control device.
In addition to any damages and penalties provided by §31-28-23, any person who is convicted of the offense of intentionally tampering, removing, or interfering with any official highway marker, sign, or control device pursuant to §31-28-23 is subject to a civil penalty, to be set by the court, not to exceed two thousand dollars. Any civil penalty collected pursuant to this section shall be distributed to the state or the political subdivision with jurisdiction on the involved highway.
Source:
SL 2014, ch 135, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-25 - Traffic light control.

31-28-25. Traffic light control.
Nothing in §§31-28-19 to 31-28-23.1, inclusive, limits the existing authority of South Dakota law enforcement officers in the performance of their duties involving traffic light control.
Source:
SL 1963, ch 274, §7; SL 2010, ch 145, §146; SL 2021, ch 128, § 5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-28 - Unauthorized possession of official signs or markers as misdemeanor.

31-28-28. Unauthorized possession of official signs or markers as misdemeanor.
No person may possess any sign, guide board, mileage post, signal, or marker erected by the state or by any governmental subdivision unless obtained in a legal manner. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1977, ch 245; SL 1984, ch 207, §76.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 28 - Highway Markers And Signs › Section 31-28-29 - Activities of technical professionals not limited.

31-28-29. Activities of technical professionals not limited.
Nothing in this chapter limits the practice and activity of a professional licensed pursuant to chapter 36-18A, performing his or her professional duties.
Source:
SL 2001, ch 160, §4; SL 2010, ch 145, §147.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-1 - Billboards near cemetery--Violation as misdemeanor.

31-29-1. Billboards near cemetery--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person to erect or construct along the streets or highways adjoining any cemetery, or within three hundred feet of any cemetery, any billboard, advertising sign, or unsightly object without first obtaining the written consent of the proper officers of the municipality, or township, and of the proper officers or persons having charge and control of such cemetery. However, the street or highway may be marked to designate an automobile route, or for other public purposes, if done in a neat and attractive manner.
Source:
SDC 1939, §§28.0905, 28.9905; SDCL §31-29-3; SL 1992, ch 60, §2; SL 2010, ch 145, §148.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-2 - Obstruction of highway or to vision--Violation as misdemeanor.

31-29-2. Obstruction of highway or to vision--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person, corporation, or association, to place or maintain, or cause to be placed or maintained, any advertising sign, device, display, building, or structure on any of the public highways of the state. Except within municipalities, it is a Class 2 misdemeanor for any person, corporation, or association to place or maintain, or cause to be placed or maintained, any device, display, or obstruction to vision, along or adjacent to any of the public highways of the state where the device, display, or obstruction to vision, constitutes a hazard to highway traffic at any main crossing or intersection, horizontal or vertical curve or railroad crossing, as deemed hazardous by the authority in charge of the maintenance of the highway.
Source:
SL 1925, ch 186, §§1, 3; SDC 1939, §§28.0906, 28.9905; SL 1941, ch 131; SDCL §31-29-3; SL 2010, ch 145, §149.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-12 - Rest areas and facilities--Commercial accommodations prohibited.

31-29-12. Rest areas and facilities--Commercial accommodations prohibited.
The Department of Transportation may acquire and improve strips of land necessary for acquisition of publicly owned and controlled rest areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public. However, the Transportation Commission may not expend any funds for the acquisition, construction or improvement of hotels, motels, restaurants, or other accommodations of like nature.
Source:
SL 1966, ch 85, §2; SL 1974, ch 204, §1; SL 2010, ch 145, §151.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-13 - Interest in land acquired--Acquisition by gift, purchase, exchange, or condemnation.

31-29-13. Interest in land acquired--Acquisition by gift, purchase, exchange, or condemnation.
The interest in any land authorized to be acquired and maintained under §31-29-12 may be the fee simple or any lesser interest, as determined by the department. The acquisition may be by gift, purchase, exchange, or by condemnation pursuant to the procedures provided by either §§31-19-1 to 31-19-21, inclusive, for the condemnation of real property by the department, or chapter 21-35.
Source:
SL 1966, ch 85, §3; SL 2010, ch 145, §152.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-59 - Maps, directories, and pamphlets at rest areas--Advertising and media display at information centers.

31-29-59. Maps, directories, and pamphlets at rest areas--Advertising and media display at information centers.
In order to provide information to the traveling public, the Department of Tourism may maintain maps and permit informational directories and advertising pamphlets to be made available at safety rest areas, and may establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing other information as may be considered desirable. The department may contract to offer information through advertising or a media display, other than an informational directory or advertising pamphlet. The advertising or media display may be at an information center if the advertising or media display is exhibited solely within the information center and the advertising or media display is not legible from the main traveled way. The proceeds from any advertising or media display shall be deposited into the tourism promotion fund for the operation, maintenance, and expansion of information center exhibits.
Source:
SL 1966, ch 87, §5; SL 1967, ch 118, §11; SL 2010, ch 145, §154; SL 2018, ch 169, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-60 - Compensation for removal of nonconforming signs--Federal contributions.

31-29-60. Compensation for removal of nonconforming signs--Federal contributions.
No sign, display, or device may be required to be removed unless at the time of removal there are sufficient funds appropriated and available to pay the affected parties just compensation after due allowance for any contribution that may be available from the federal government, and if the latter contribution is available for immediate payment.
Source:
SL 1967, ch 118, §12; SL 2010, ch 145, §155; SL 2021, ch 128, § 6.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-61 - Legislative policy on outdoor advertising along interstate and primary highways.

31-29-61. Legislative policy on outdoor advertising along interstate and primary highways.
The Legislature, recognizing the public investment in highways and in justification of these expenditures, particularly the cost of maintenance which is borne wholly by state funds, finds and declares that it is the policy of this state that the erection and maintenance of outdoor advertising in areas adjacent to the right-of-way of the interstate and primary systems within this state shall be regulated in accordance with the terms of this chapter. All outdoor advertising determined to be nonconforming to the requirements of this chapter shall be subject to removal.
Source:
SL 1977, ch 246, §1; SL 1979, ch 202, §5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-63 - Advertising prohibited within specified distances of main-traveled way--Exceptions.

31-29-63. Advertising prohibited within specified distances of main-traveled way--Exceptions.
No outdoor advertising may be erected within six hundred sixty feet of the nearest edge of the right-of-way and visible from the main-traveled way or beyond six hundred sixty feet of the nearest edge of the right-of-way visible from the main-traveled way, located outside an urban area and erected with the purpose of its message being read from the main-traveled way of the interstate or primary systems except the following:
(1)Directional and official signs and notices, as defined by subdivision 31-29-62(6);
(2)Signs, displays, and devices advertising the sale or lease of property upon which they are located;
(3)Signs, displays, and devices advertising activities conducted on the property upon which they are located;
(4)Signs, displays, and devices located in areas which are designated industrial or commercial by local authority as provided by Title 11 and within six hundred sixty feet of an interstate or primary highway;
(5)Signs, displays, and devices located in unzoned industrial or commercial areas as provided by this chapter and within six hundred sixty feet of an interstate or primary highway;
(6)Signs, including both official public, and private business signs, for which the department shall make a uniform charge, giving specific information in the interest of the traveling public located within the rights-of-way of the interstate and primary systems in areas at appropriate distances from interchanges or intersections on such systems, the location of which shall be determined by the department, any provision of chapter 31-28 or of this chapter to the contrary notwithstanding;
(7)Signs lawfully in existence on October 22, 1965, determined by the State Transportation Commission to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this chapter;
(8)Warning signs placed by public utilities for the protection of underground utility cables; or
(9)Signs, displays, and devices advertising the distribution of nonprofit organizations of free coffee to individuals traveling on the interstate system or the primary system. For the purposes of this subdivision, the term, free coffee, includes coffee for which a donation may be made, but is not required.
Source:
SL 1966, ch 87, §3; SL 1967, ch 118, §3; SDCL §31-29-19; SL 1973, ch 192, §4; SL 1975, ch 195, §2; SL 1977, ch 246, §3; SL 1979, ch 202, §8; SL 2010, ch 145, §156; SL 2021, ch 128, § 8.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-63.1 - Notice to owner to remove nonconforming sign--Removal by department at owner's expense.

31-29-63.1. Notice to owner to remove nonconforming sign--Removal by department at owner's expense.
Any advertising sign, display, or device which violates the provisions of this chapter is hereby declared to be unlawful. The Department of Transportation shall give thirty days' written notice by certified mail, to the owner thereof to remove any prohibited sign, display, or device. If the owner fails to act within the thirty days as required by the notice, the department shall cause the sign, display or device to be removed at the owner's expense. If, for any reason, the department is unable to collect the removal costs, it may institute the necessary legal proceedings to recover them.
Source:
SL 1979, ch 202, §18; SL 1987, ch 210, §15.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-63.2 - Abandoned sign--Determination.

31-29-63.2. Abandoned sign--Determination.
Any abandoned sign as defined by §31-29-62 is unlawful and is subject to the provisions of chapter 31-29. The twelve-month period for determining if a sign is abandoned commences upon the department's notification of violation to the sign owner.
Source:
SL 1991, ch 235, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-63.3 - "Available for lease" and public service messages.

31-29-63.3."Available for lease" and public service messages.
For the purposes of this chapter, an "available for lease" or other similar message is not considered advertising material. Any public service message is considered advertising material if it is a bona fide public service announcement which encompasses not less than twenty-five percent of the sign face and is the same color as the painted background of the sign face. The public service message may include name and telephone number of the owner.
Source:
SL 1991, ch 235, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-63.4 - On-premise signs.

31-29-63.4. On-premise signs.
The following are not on-premise signs:
(1)A sale or lease sign which also advertises any product or service not located upon or unrelated to the business of selling or leasing the land on which the sign is located; or
(2)A sign located upon any land which is not an integral part of the advertised activity.
Source:
SL 1991, ch 235, §5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-64 - Advertising prohibited within certain distance of interstate or limited access highway interchanges, intersections at grade, or rest areas--Measurement.

31-29-64. Advertising prohibited within certain distance of interstate or limited access highway interchanges, intersections at grade, or rest areas--Measurement.
On interstate highways or limited access primary highways outside municipalities, no outdoor advertising device may be located adjacent to or within five hundred feet of an interchange, intersection at grade or safety rest area. Such five hundred feet shall be measured along such highway from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.
Source:
SL 1977, ch 246, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-65 - Size standards and criteria.

31-29-65. Size standards and criteria.
The standards and criteria for size of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:
(1)The maximum area of any one sign facing any one direction shall be twelve hundred square feet but which in no instance may exceed thirty feet in height and sixty feet in length including border and trim, but not supports or apron; and
(2)The maximum size limitations provided in subdivision (1) of this section apply to each side of a sign structure; and signs placed back-to-back, side-by-side, or in V-type construction with no more than two displays to each facing. Such sign structure shall be considered as one sign.
Source:
SL 1977, ch 246, §5 (1); SL 1979, ch 202, §15; SL 2010, ch 145, §157.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-66 - Lighting standards and criteria.

31-29-66. Lighting standards and criteria.
The standards and criteria for lighting of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:
(1)No revolving or rotating beam of light simulating an official emergency device is permitted. Signs with flashing lights of any color are not permitted, except illuminating signs giving such public service information as time, date, or temperature;
(2)External lighting, such as floodlights, thin-line and gooseneck reflectors, is permitted, if it is shielded so as to prevent the direction of rays of light to any part of the main-traveled way;
(3)No lighting is permitted which is of such brilliance or intensity so as to establish glare or reflection which would interfere with the effectiveness of any official traffic control device or official sign or interfere with the motorist's view of traffic conditions; and
(4)A changeable message sign is permitted as an off-premise sign, regardless of the technology used, if the message is changed not more than once every six seconds and if the message is not continuously scrolled.
Source:
SL 1977, ch 246, §5 (2); SL 1997, ch 178, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-67 - Spacing standards and criteria.

31-29-67. Spacing standards and criteria.
The standards and criteria for spacing of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are:
(1)Within municipalities signs shall conform to any applicable building codes and ordinances relating to spacing except that no such sign may be located closer than one hundred feet from an existing off-premises sign on a state nonlimited access primary highway and no closer than five hundred feet from any existing off-premise sign on a limited access primary highway or on an interstate highway;
(2)Outside of municipalities no off-premise sign may be erected adjacent to a limited primary access highway or interstate highway closer than five hundred feet, nor adjacent to a nonlimited access highway closer than three hundred feet, to an existing off-premise sign;
(3)Neither inside nor outside of municipalities may any sign be erected or maintained in such a location as to prevent the driver of a vehicle from having an effective view of any official traffic control device applicable to the driver or to approaching, intersecting, or merging traffic and highways within five hundred feet of such sign; and
(4)Double-faced, back-to-back, and V-type signs shall be considered as a single sign structure for purposes of these usages.
The above spacing provisions do not apply to structures separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distance is visible from the highway at any one time. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and applies only to structures located on the same side of the highway.
Source:
SL 1977, ch 246, §5 (3); SL 1979, ch 202, §9; SL 2010, ch 145, §158.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-67.1 - Maintenance of signs.

31-29-67.1. Maintenance of signs.
All signs subject to provisions of this chapter shall be maintained structurally safe, clean, and in good repair by the sign owner. Violations are subject to the provisions of this chapter.
Source:
SL 1991, ch 235, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-68 - Local zoning authority's determination in lieu of size, lighting, and space controls.

31-29-68. Local zoning authority's determination in lieu of size, lighting, and space controls.
If a local zoning authority recognized in Title 11 has made a determination of customary use, concerning the size, lighting, and spacing considerations, the determination shall be in lieu of controls in §§31-29-65 to 31-29-67, inclusive.
Source:
SL 1977, ch 246, §6; SL 2010, ch 145, §159.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-69 - Blanket prohibition by local authority not authorized--Reasonableness required.

31-29-69. Blanket prohibition by local authority not authorized--Reasonableness required.
Nothing in §§31-29-61 to 31-29-83, inclusive, authorizes any local authority to prohibit outdoor advertising throughout its jurisdiction. However, any such regulation and control shall be reasonable and reasonably related to the needs of the business community to adequately and properly advertise its goods and services of benefit to the traveling public.
Source:
SL 1977, ch 246, §9; SL 2010, ch 145, §160.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-70 - Unzoned commercial or industrial area defined--Measurements--Designation terminated after cessation of commercial or industrial activity.

31-29-70. Unzoned commercial or industrial area defined--Measurements--Designation terminated after cessation of commercial or industrial activity.
An "unzoned commercial or industrial area," in consideration of the advertising needs of remote rural businesses located outside of municipal corporate limits, shall mean the areas adjacent to an interstate or primary highway within this state which are not zoned by state or local law, regulation, or ordinance, and on which there is located one or more permanent structures devoted to a commercial or industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward one thousand feet from and beyond the edge of each side of the activity. Each side of the highway shall be considered separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage, or processing and landscaped areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge of pavement of the highway. The cessation of the commercial or industrial activity shall terminate the designation of an area as an "unzoned commercial or industrial area" after six months, at which time outdoor advertising therein shall become nonconforming.
Source:
SL 1977, ch 246, §7; SL 1979, ch 202, §10.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71 - Permit required to maintain sign--Sign without permit as nuisance--Abatement.

31-29-71. Permit required to maintain sign--Sign without permit as nuisance--Abatement.
All signs, displays, or devices legally erected and maintained within the control zones established pursuant to this chapter and those signs, displays, or devices that are nonconforming to the controls established pursuant to this chapter may not be maintained unless a permit is obtained from the Department of Transportation. A sign, display, or device erected or maintained without a permit is a public nuisance and subject to abatement by the Department of Transportation.
Source:
SL 1977, ch 246, §8; SL 1985, ch 236, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.1 - Fee for permit--Exception.

31-29-71.1. Fee for permit--Exception.
Any application for the permit required by §31-29-71 shall be accompanied by the fee specified by the following schedule:
(1)If the advertising area does not exceed one hundred square feet, the fee is sixteen dollars;
(2)If the area exceeds one hundred square feet but does not exceed three hundred square feet, the fee is twenty-four dollars;
(3)If the area exceeds three hundred square feet but does not exceed five hundred square feet, the fee is thirty-two dollars;
(4)If the area exceeds five hundred square feet but does not exceed seven hundred square feet, the fee is forty dollars;
(5)If the area exceeds seven hundred square feet but does not exceed nine hundred square feet, the fee is forty-eight dollars;
(6)If the area exceeds nine hundred square feet but does not exceed one thousand one hundred square feet, the fee is sixty-four dollars;
(7)If the area exceeds one thousand one hundred square feet, the fee is seventy-two dollars.
A sign less than sixty-five square feet owned and maintained by a church is exempt from the fees under this section.
Source:
SL 1985, ch 236, §3; SL 1986, ch 239; SL 2010, ch 149, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.2 - Duration of permit--Renewal--Fee in lieu of property tax.

31-29-71.2. Duration of permit--Renewal--Fee in lieu of property tax.
A permit obtained pursuant to §31-29-71 shall be issued for one year with an effective date from October first through September thirtieth of the following year and shall be renewed annually upon the payment of the fee specified in §31-29-71.1 without the necessity of a new application. The fees charged are in lieu of all property taxes.
Source:
SL 1985, ch 236, §4; SL 1986, ch 27, §11.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.3 - Disposition of fee revenue.

31-29-71.3. Disposition of fee revenue.
The funds collected under §31-29-71.1 shall be placed in the state highway fund.
Source:
SL 1985, ch 236, §5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.4 - Certain signs exempt from permit requirement.

31-29-71.4. Certain signs exempt from permit requirement.
Any sign, display, or device lawfully erected and maintained pursuant to the provisions of this chapter and included in the exceptions defined in subdivision 31-29-63(1), (2), (3), (6), (7), (8), (9), or (10) is exempt from the requirements of §31-29-71.
Source:
SL 1986, ch 240, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.5 - Municipal signs exempt from permit requirement.

31-29-71.5. Municipal signs exempt from permit requirement.
Any sign, display, or device located within the corporate limits of a municipality is exempt from the requirements of §31-29-71.
Source:
SL 1986, ch 240, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.6 - Conforming permit.

31-29-71.6. Conforming permit.
The department may issue a conforming permit for a sign, display, or device erected within a zoned commercial or industrial area acceptable for outdoor advertising purposes as provided in §§31-29-71.8 to 31-29-71.12, inclusive, or within an "unzoned commercial or industrial area" as defined in §31-29-70 if the sign display or device is otherwise lawfully erected and maintained.
Source:
SL 1986, ch 240, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.7 - Nonconforming permit.

31-29-71.7. Nonconforming permit.
The department may issue a nonconforming permit for a sign, display, or device lawfully erected and maintained prior to October 1, 1985, within a zoned commercial or industrial area not acceptable for outdoor advertising purposes as provided in §§31-29-71.8 to 31-29-71.12, inclusive.
Source:
SL 1986, ch 240, §5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.8 - Criteria for outdoor advertising--Zoned commercial adjacent to interstate system outside municipality.

31-29-71.8. Criteria for outdoor advertising--Zoned commercial adjacent to interstate system outside municipality.
Any zoned commercial or industrial area adjacent to the interstate system that is located within one mile from an interstate interchange with a crossroad that is not part of the interstate system and that is outside an incorporated municipality is acceptable for outdoor advertising purposes if the zone meets the following criteria:
(1)The zone is lawfully enacted by the local governmental unit as part of a comprehensive zoning action. Any zone created primarily to permit outdoor advertising structures is not recognized as lawfully enacted for purposes of this section;
(2)The zone is associated with an interstate highway interchange whose center is within three miles of an incorporated municipality or within one mile of a commercial or industrial activity; and
(3)The zone meets the requirement of either §31-29-71.9 or 31-29-71.10.
Source:
SL 1986, ch 240, §6; SL 2014, ch 136, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.9 - Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with no service road.

31-29-71.9. Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with no service road.
Any zoned commercial or industrial area in a quadrant of an interstate interchange which has no service road access within two thousand five hundred feet of the interstate or no existing commercial or industrial activity in that quadrant is acceptable for outdoor advertising purposes to the extent it is within the area beginning at the interstate crossroad and extending five hundred and ten feet beyond the prohibited distance specified in §31-29-64 and it is within one thousand feet of the interstate centerline.
Source:
SL 1986, ch 240, §7.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.10 - Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with service road.

31-29-71.10. Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with service road.
Any zoned commercial or industrial area in a quadrant of an interstate interchange which has service road access within two thousand five hundred feet of the interstate or has an existing commercial or industrial activity in that quadrant is acceptable for outdoor advertising purposes to the extent it is within one mile of the crossroad measured from the centerline of the crossroad and within three thousand five hundred feet of the interstate centerline.
Source:
SL 1986, ch 240, §8.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.11 - Criteria for outdoor advertising--Zoned commercial adjacent to interstate with municipality.

31-29-71.11. Criteria for outdoor advertising--Zoned commercial adjacent to interstate with municipality.
Any zoned commercial or industrial area adjacent to the interstate within an incorporated municipality or further than one mile from an interstate interchange is acceptable for outdoor advertising purposes to the extent it is lawfully enacted by the local governmental unit and it is within the incorporated municipality or within one thousand seven hundred feet of a commercial or industrial activity.
Source:
SL 1986, ch 240, §9.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.12 - Criteria for outdoor advertising--Zoned commercial adjacent to primary system.

31-29-71.12. Criteria for outdoor advertising--Zoned commercial adjacent to primary system.
Any zoned commercial or industrial area adjacent to the primary system is acceptable for outdoor advertising purposes to the extent it is lawfully enacted by the local governmental unit and it is within one mile of an incorporated municipality or within one mile of a commercial or industrial activity.
Source:
SL 1986, ch 240, §10.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.13 - Commercial or industrial activity.

31-29-71.13. Commercial or industrial activity.
For the purposes of this chapter, a "commercial or industrial activity" is an activity generally recognized as commercial or industrial by zoning authorities in the state except outdoor advertising structures; agricultural use including forestry, ranching, grazing, and farming; wayside and fresh produce stands; transient or temporary activities; activities conducted in a building principally used as a residence; activities more than six hundred sixty feet from the nearest edge of the right-of-way; activities not visible from the main traveled way; and railroad tracks and minor sidings.
Source:
SL 1986, ch 240, §11.