reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-2 - Commercial vehicles permitted or excluded.

31-8-2. Commercial vehicles permitted or excluded.
Any highway or street constituting a controlled-access facility may be a freeway open to use by all customary forms of street and highway traffic or the highway or street may be a parkway from which trucks, buses, and other commercial vehicles are excluded.
Source:
SL 1953, ch 155, §2; SDC Supp 1960, §28.09A02; SL 2010, ch 145, §64.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-3 - Highway authorities permitted to establish facilities--Local control.

31-8-3. Highway authorities permitted to establish facilities--Local control.
The highway authorities of the state, counties, and municipalities, acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, may plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use wherever the authority is of the opinion that traffic conditions, present or future, will justify the special facilities. However, within a municipality that authority is subject to any municipal consent as may be required by law.
Source:
SL 1953, ch 155, §3; SDC Supp 1960, §28.09A03; SL 2010, ch 145, §65.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-4 - Regulations as to use.

31-8-4. Regulations as to use.
Highway authorities of the state, counties, and municipalities may regulate, restrict, or prohibit the use of controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with §§31-8-1 and 31-8-2.
Source:
SL 1953, ch 155, §3; SDC Supp 1960, §28.09A03; SL 1987, ch 210, §9; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-5 - Design--Separate roadways, markers.

31-8-5. Design--Separate roadways, markers.
The highway authorities of the state, counties, and municipalities may design any controlled-access facility and regulate, restrict, or prohibit access as to best serve the traffic for which the facility is intended. In this connection the highway authorities may divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating separate roadways by signs, markers, stripes, and the proper lane for traffic by appropriate signs, markers, stripes, and other devices.
Source:
SL 1953, ch 155, §4; SDC Supp 1960, §28.09A04; SL 2010, ch 145, §66.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-6 - Ingress and egress restricted to designated points.

31-8-6. Ingress and egress restricted to designated points.
No person has any right of ingress or egress to, from or across any controlled-access facility to or from any abutting land, except at any designated point at which access may be permitted.
Source:
SL 1953, ch 155, §4; SDC Supp 1960, §28.09A04; SL 2010, ch 145, §67.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-7 - Manner of acquiring property or property rights.

31-8-7. Manner of acquiring property or property rights.
For the purposes of this chapter, the highway authorities of the state, counties, or municipalities may acquire private or public property rights for any controlled-access facility and service road, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation as may be authorized by law to acquire such property or property rights in connection with any highway and street within their respective jurisdictions.
Source:
SL 1953, ch 155, §5; SDC Supp 1960, §28.09A05; SL 2010, ch 145, §68.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-8 - Acquisition of property in entire tracts.

31-8-8. Acquisition of property in entire tracts.
In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or service road in connection therewith, the state, county, city, or town highway authority may acquire an entire lot, block, or tract of land, if, by so doing, the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way proper.
Source:
SL 1953, ch 155, §5; SDC Supp 1960, §28.09A05; SL 2010, ch 145, §69.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-9 - Precedence of condemnation cases.

31-8-9. Precedence of condemnation cases.
Any court proceeding necessary to acquire property or property rights for purposes of this chapter may take precedence over all other causes not involving the public interest in all courts, to the end that the provision of controlled-access facilities may be expedited.
Source:
SL 1953, ch 155, §6; SDC Supp 1960, §28.09A06; SL 2010, ch 145, §70.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-10 - New or existing facilities included.

31-8-10. New or existing facilities included.
The highway authority of the state, county, or municipality may designate and establish any controlled-access highway as a new and additional facility or may designate and establish an existing street or highway as included within a controlled-access facility.
Source:
SL 1953, ch 155, §7; SDC Supp 1960, §28.09A07; SL 2010, ch 145, §71.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-11 - Elimination of grade crossings.

31-8-11. Elimination of grade crossings.
The state or any of its subdivisions may provide for the elimination of intersections at grade of controlled-access facilities with existing state and county roads, and city or town streets, by grade separation or service road, or by closing off the roads and streets at the right of way boundary line of such controlled-access facility. After the establishment of any controlled-access facility, no highway or street which is not a part of the facility may intersect the facility at grade.
Source:
SL 1953, ch 155, §7; SDC Supp 1960, §28.09A07; SL 2010, ch 145, §72.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-12 - Public way connected with facility--Consent of highway authority required.

31-8-12. Public way connected with facility--Consent of highway authority required.
No municipal street, county or state highway, or other public way may be opened into or connected with any controlled-access facility without the consent and previous approval of the highway authority in the state, county, or municipality having jurisdiction over the controlled-access facility. The consent and approval shall be given only if the public interest is served thereby.
Source:
SL 1953, ch 155, §7; SDC Supp 1960, §28.09A07; SL 2010, ch 145, §73.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-13 - Power of highway authorities to enter into agreements.

31-8-13. Power of highway authorities to enter into agreements.
The highway authorities of the state, counties, or municipalities may enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of a controlled-access facility or other public way in their respective jurisdictions to facilitate the purpose of this chapter.
Source:
SL 1953, ch 155, §8; SDC Supp 1960, §28.09A08; SL 2010, ch 145, §74.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-14 - Local service roads.

31-8-14. Local service roads.
In connection with the development of any controlled-access facility the state, county, or municipal highway authorities may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or designate as local service roads and streets any existing road or street, and exercise jurisdiction over service roads in the same manner as is authorized over any controlled-access facility under the terms of this chapter, if, in their opinion, the local service roads and streets are necessary or desirable. The local service road or street shall be of appropriate design, and they shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper authority.
Source:
SL 1953, ch 155, §9; SDC Supp 1960, §28.09A09; SL 2010, ch 145, §75.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-15 - Unlawful use of facilities--Acts constituting.

31-8-15. Unlawful use of facilities--Acts constituting.
It is a Class 2 misdemeanor for any person:
(1)To drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities;
(2)To make a left turn or semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line. No such turn may be made through an opening in the dividing curb section, separation, or line which has been designated and marked for use by maintenance and authorized vehicles only. Maintenance and authorized vehicles may use such openings in dividing curb sections, separation, or lines for parking or turning. Maintenance vehicles include all vehicles used in the maintenance of the highways of this state and authorized vehicles include all law enforcement vehicles, fire vehicles, civil defense rescue vehicles, ambulances and recovery vehicles as defined by §31-8-15.1 which are responding to a call for assistance;
(3)To drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line;
(4)To drive any vehicle into the controlled-access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility proper.
Source:
SL 1953, ch 155, §10; SL 1959, ch 141; SDC Supp 1960, §§28.09A10, 28.9921; SL 1963, ch 165; SDCL, §31-8-17; SL 1972, ch 169; SL 1988, ch 234, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-15.1 - Meaning of recovery vehicle.

31-8-15.1. Meaning of recovery vehicle.
For the purposes of §§31-8-15 to 31-8-15.2, inclusive, a recovery vehicle is a motor vehicle which is specially equipped with a boom, winch, or wheel lift to tow, haul, or push a disabled motor vehicle. The recovery vehicle shall have amber beacon or flashing warning lights which shall be used as provided by §32-17-10. The recovery vehicle shall also display the company's name in two inch letters on both sides of the vehicle in a location visible to the public.
Source:
SL 1988, ch 234, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-15.2 - When recovery vehicle not to cross median of divided highway--Violation as misdemeanor.

31-8-15.2. When recovery vehicle not to cross median of divided highway--Violation as misdemeanor.
A recovery vehicle may not cross the median of a divided highway when the towed vehicle has more than three axles. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1988, ch 234, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-16 - Commercial establishment on right-of-way prohibited--Exception--Violation as misdemeanor.

31-8-16. Commercial establishment on right-of-way prohibited--Exception--Violation as misdemeanor.
No automotive service station or other commercial establishment for serving motor vehicle users may be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for or in connection with, a controlled-access highway. This section does not apply to a vending facility allowed pursuant to §31-29-83. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 141; SDC Supp 1960, §§28.09A10, 28.9921; SL 1963, ch 165; SDCL §31-8-17; SL 1984, ch 211, §1; SL 1986, ch 237, §1; SL 1989, ch 21, §151; SL 2010, ch 145, §76; SL 2013, ch 129, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 08 - Controlled-Access Facilities › Section 31-8-18 - Payment for trash collection required in license contract with visually impaired vendor.

31-8-18. Payment for trash collection required in license contract with visually impaired vendor.
No vending facility may be licensed pursuant to the provisions of §§31-8-16, 31-29-83, and 31-32-13 unless the contract provides that ten percent of the gross receipts from the concession be paid to the Department of Transportation to defray the cost of trash collection.
Source:
SL 1984, ch 211, §3A.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 09 - Highways Serving Federal Reservations › Section 31-9-1 - Relinquishment of highways in national parks--Cession of jurisdiction.

31-9-1. Relinquishment of highways in national parks--Cession of jurisdiction.
The Department of Transportation and the board of county commissioners of an affected county, may relinquish to the United States for use and construction and control of highways by the secretary of interior, acting through the national park service, all of the interest of the state and the county in such portions of public highways lying within the boundaries of national parks and national monuments. The relinquishment of interest in the highways shall operate as a cession to the United States of jurisdiction for highway purposes over such portions of the highways lying within said national parks or national monuments.
Source:
SL 1957, ch 140, §1; SDC Supp 1960, §28.0241; SL 2010, ch 145, §77.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 09 - Highways Serving Federal Reservations › Section 31-9-4 - County roads used by National Forest Service--Cooperative agreement for joint construction and use.

31-9-4. County roads used by National Forest Service--Cooperative agreement for joint construction and use.
The board of county commissioners may enter into cooperative agreements with the Forest Service of the United States Department of Agriculture for the joint construction, maintenance, and use of roads located within the boundaries of the county, where such roads are used by the Forest Service in the protection, administration, and utilization of the national forests and are also used by communities or persons within or adjacent to such national forests in the use and development of the resources thereof or where such roads otherwise serve the needs of the public. Costs incurred by the county pursuant to the provisions of this section shall be appropriated from the county general fund.
Source:
SL 1966, ch 33, §1; SL 1985, ch 77, §35.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-1 - Definition of terms.

31-10-1. Definition of terms.
Terms used in this chapter mean:
(1)"Bridge," a structure, including supports, erected over a depression or an obstruction, as water, highway, or railway, the structure having a length measured along the center of the roadway of more than twenty feet between undercopings of abutments or extreme ends of openings for multiple boxes and pipes where the clear distance between openings is less than half of the smaller contiguous opening;
(2)"Culvert," any structure not classified as a bridge which provides an opening under any roadway;
(3)"Department," the Department of Transportation.
Source:
SL 1953, ch 153; SDC Supp 1960, §28.1441; SL 2010, ch 145, §80.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-2 - Boundary state highway bridge and bridge defined.

31-10-2. Boundary state highway bridge and bridge defined.
For the purposes of §§31-10-2 to 31-10-11, inclusive, the following terms mean:
(1)"Boundary state highway bridge," a highway bridge over a stream, river, or lake on the boundary line between the State of South Dakota and an adjoining state, which bridge is located or to be located on a state highway or an extension of such highway and constitutes or will constitute a connecting link between the state highway system of this state and an adjoining state;
(2)"Bridge," in addition to its ordinary meaning, the term includes the substructure, superstructure, approach spans, approach fills and roadway, right-of-way, and all other items necessary to make such structure complete and accessible to traffic.
Source:
SL 1947, ch 132, §1; SDC Supp 1960, §28.1425; SL 2010, ch 145, §81.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-3 - Acquisition and maintenance of boundary state highway bridges.

31-10-3. Acquisition and maintenance of boundary state highway bridges.
The department may acquire by purchase or condemnation, construct, and maintain boundary state highway bridges.
Source:
SL 1947, ch 132, §2; SDC Supp 1960, §28.1426; SL 2010, ch 145, §82.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-4 - Condemnation proceedings.

31-10-4. Condemnation proceedings.
In the purchase, acquisition, construction, or maintenance under §§31-10-2 to 31-10-11, inclusive, of any boundary state highway bridge or approaches thereto, the department may purchase, or institute and maintain proceedings for the condemnation of the necessary right-of-way therefor. All the provisions of the law relating to the condemnation of real or personal property for public state purposes apply and may be exercised by the department for the carrying out of the purposes of §§31-10-2 to 31-10-11, inclusive.
Source:
SL 1947, ch 132, §7; SDC Supp 1960, §28.1431; SL 2010, ch 145, §83.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-5 - Contracts with adjoining states, persons, or corporations.

31-10-5. Contracts with adjoining states, persons, or corporations.
The Department of Transportation may enter into agreements or contracts with the proper authorities of the states which adjoin the State of South Dakota, subdivisions of such states, or companies, corporations, or persons relative to the purchase or condemnation, construction, or maintenance of boundary state highway bridges.
Source:
SL 1947, ch 132, §3; SDC Supp 1960, §28.1427.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-6 - Acquisition or construction of bridge--Adjoining state to furnish proportionate share.

31-10-6. Acquisition or construction of bridge--Adjoining state to furnish proportionate share.
The department may not purchase, acquire by condemnation, or construct any bridge under the provisions of §§31-10-2 to 31-10-11, inclusive, until such time as the adjoining and contracting state furnishes its proportionate share of the purchase price or cost of construction, or signify its intention, by and through its proper department, of acquiring title through the exercise of the power of eminent domain of the portion of any existing bridge situate in the adjoining state.
Source:
SL 1947, ch 132, §4; SDC Supp 1960, §28.1428; SL 2010, ch 145, §84.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-7 - Highway funds used for boundary line bridge.

31-10-7. Highway funds used for boundary line bridge.
All expenditures under and by virtue of the provisions of §§31-10-2 to 31-10-11, inclusive, shall be paid out of the funds of the Department of Transportation.
Source:
SL 1947, ch 132, §4; SDC Supp 1960, §28.1428.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-8 - Collection of tolls--Duration--Credit to state highway fund.

31-10-8. Collection of tolls--Duration--Credit to state highway fund.
Any bridge purchased or constructed under §§31-10-2 to 31-10-11, inclusive, shall be free from tolls. However, tolls may be collected on the traffic crossing the bridge until such time as the net sum of tolls so collected plus funds paid as provided in §§31-10-6 and 31-10-7, equals the cost of the structure plus a reasonable rate of interest on deferred installments of the cost. The portion of the net tolls collected on the bridge, going to the State of South Dakota shall be credited to the state highway fund.
Source:
SL 1947, ch 132, §5; SDC Supp 1960, §28.1429; SL 2010, ch 145, §85.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-9 - Agreement for purchase or construction--Payments--Interest.

31-10-9. Agreement for purchase or construction--Payments--Interest.
Any agreement entered into under §§31-10-2 to 31-10-11, inclusive, by the department, for the purchase or construction of any bridge, may provide for one or more annual payments, but not exceeding ten. A reasonable rate of interest may be paid on deferred installments to be paid under any agreement.
Source:
SL 1947, ch 132, §6; SDC Supp 1960, §28.1430; SL 2010, ch 145, §86.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-10 - Liability for payments limited to state highway fund.

31-10-10. Liability for payments limited to state highway fund.
The State of South Dakota is under no obligation to make any payments on account of any agreement entered into under §§31-10-2 to 31-10-11, inclusive, out of any fund other than the state highway fund.
Source:
SL 1947, ch 132, §6; SDC Supp 1960, §28.1430; SL 2010, ch 145, §87.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-11 - Contract for purchase by department--Prior appraisal.

31-10-11. Contract for purchase by department--Prior appraisal.
Before the department enters into any contract for the purchase of any bridge, under the provisions of §§31-10-2 to 31-10-11, inclusive, an appraisal shall be made of the bridge and its approaches, or the portion of the bridge and approach thereto situate in this state. No contract may be entered into or any money used for such purchase exceeding the appraised value of that portion of the bridge situate within the State of South Dakota.
Source:
SL 1947, ch 132, §8; SDC Supp 1960, §28.1432; SL 2010, ch 145, §88.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-12 - Toll bridges--Acceptance of title by state--Conditions.

31-10-12. Toll bridges--Acceptance of title by state--Conditions.
The State of South Dakota, by and through the department, may accept title to and responsibility for the repair, maintenance, and ownership of that portion of any existing toll bridge situated within the boundaries of the State of South Dakota, if:
(1)That portion of the bridge is offered to this state by its owners free of existing bonded indebtedness and current costs of operation; and
(2)Any adjoining state in which the remainder of the bridge is situated signifies its intention, by and through its proper governmental instrumentality, having control and supervision over state bridges, of accepting title to and responsibility for the repair, maintenance, and ownership of the portion of the bridge situated in the adjoining state.
Source:
SL 1953, ch 320, §1; SDC Supp 1960, §28.1442; SL 2010, ch 145, §89.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-13 - Toll-free operation of acquired bridge.

31-10-13. Toll-free operation of acquired bridge.
Subsequent to the acceptance of title to and responsibility for that portion of any bridge, in the manner set forth in §31-10-12, the department may operate the bridge, in conjunction with the proper governmental authority of an adjoining state, free of tolls.
Source:
SL 1953, ch 320, §2; SDC Supp 1960, §28.1443; SL 2010, ch 145, §90.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-14 - Maintenance of acquired bridge.

31-10-14. Maintenance of acquired bridge.
The department shall repair and maintain and assume ownership of that part of any bridge situated within the State of South Dakota after acceptance as provided in §31-10-12.
Source:
SL 1953, ch 320, §3; SDC Supp 1960, §28.1444; SL 2010, ch 145, §91.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-15 - Operation cost of acquired bridge--Payment from state highway fund.

31-10-15. Operation cost of acquired bridge--Payment from state highway fund.
The cost of operation and maintenance of that part of any bridge situated within the State of South Dakota after acceptance, as provided in §31-10-12, shall be paid by the department out of the state highway fund.
Source:
SL 1953, ch 320, §4; SDC Supp 1960, §28.1445; SL 2010, ch 145, §92.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 10 - Boundary State Highway Bridges › Section 31-10-16 - Agreements with adjoining state to share operational cost.

31-10-16. Agreements with adjoining state to share operational cost.
The department may enter into a reciprocity agreement and any other agreement with the proper governmental authorities of an adjoining state for the sharing of the cost of joint operation, repair, and maintenance pursuant to §31-10-13.
Source:
SL 1953, ch 320, §4; SDC Supp 1960, §28.1445; SL 2010, ch 145, §93.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-1 - Employment of county highway superintendent--Salary--Tenure.

31-11-1. Employment of county highway superintendent--Salary--Tenure.
The board of county commissioners at its discretion may employ a county highway superintendent, the salary and expenses to be fixed and allowed by the board of county commissioners, to be paid out of the motor vehicle fund of the county. No member of the board of county commissioners shall be appointed as county highway superintendent. The tenure of office of the county highway superintendent may be terminated at any time by resolution of the board of county commissioners upon thirty days' notice, but unless so terminated, the tenure of office shall be for two years.
Source:
SL 1919, ch 333, §15; SL 1920 (SS), ch 89; SL 1921, ch 388; SL 1927, ch 138; SL 1933, ch 119; SDC 1939, §28.0304; SL 1951, ch 137.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-3 - Duties of county superintendent--Compliance with rules.

31-11-3. Duties of county superintendent--Compliance with rules.
The county superintendent of highways shall perform all duties imposed upon him by the county commissioners and shall comply with all regulations and requirements of the county commissioners.
Source:
SL 1919, ch 333, §19; SDC 1939, §28.0305; SL 1953, ch 145.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-4 - Employment of engineer by superintendent.

31-11-4. Employment of engineer by superintendent.
In cases where the county superintendent of highways is not an engineer he shall have power and authority with the approval of the county commissioners to employ an engineer whenever necessary to survey and to do other engineering work.
Source:
SL 1919, ch 333, §19; SDC 1939, §28.0305; SL 1953, ch 145.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-6 - Cost records maintained by superintendent--Destruction.

31-11-6. Cost records maintained by superintendent--Destruction.
The county highway superintendent shall keep a detailed record of the cost of any work on any section of the highway, bridge, tile, or culvert construction, repair work, or materials therefor done under his supervision by the county, by day labor and shall immediately upon the completion of each piece of work file the record with the county auditor, showing in detail the cost of all labor, materials, repairs, repair materials, hauling, inspection costs, and a proper proportion of the yearly equipment depreciation and repair charges for the county road building equipment, rental of machinery and every other item of cost. However, the county auditor may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1927, ch 138; SL 1933, ch 119; SDC 1939, §28.0304; SL 1951, ch 137; SL 1981, ch 45, §19.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-7 - Annual inventory of county road building equipment and supplies--Destruction of records.

31-11-7. Annual inventory of county road building equipment and supplies--Destruction of records.
The county highway superintendent shall prepare and file with the county auditor not later than the fifth of January of each year a true and correct inventory of all road building equipment, supplies, and materials on hand together with his estimate of its present value. However, the county auditor may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1927, ch 138; SL 1933, ch 119; SDC 1939, §28.0304; SL 1951, ch 137; SL 1981, ch 45, §20.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-28 - Lease to contractors of county and township road equipment.

31-11-28. Lease to contractors of county and township road equipment.
The board of supervisors of any township or a board of county commissioners may lease to a contractor any scraper, grader, or other road tools or machinery belonging to the township or county.
Source:
SL 1911, ch 221, §20; RC 1919, §8566; SDC 1939, §28.0118.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-41 - Petition for county maintenance on private roads.

31-11-41. Petition for county maintenance on private roads.
Any resident of a county may petition the board of county commissioners to hold a public hearing on whether the county should contract with owners of private roads within the county for the county to provide maintenance on private roads.
Source:
SL 1994, ch 238, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-42 - Hearing on petition for maintenance of private roads--Notice.

31-11-42. Hearing on petition for maintenance of private roads--Notice.
If the board of county commissioners receives a petition pursuant to §31-11-41, the board shall schedule a public hearing to be held within thirty days of receipt of such petition. The board of county commissioners shall publish a notice of such hearing once a week for two successive weeks in the legal newspapers of the county.
Source:
SL 1994, ch 238, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-43 - Determination on maintenance contract for private roads--Cost of maintenance.

31-11-43. Determination on maintenance contract for private roads--Cost of maintenance.
At a hearing held pursuant to §§31-11-42 and 31-11-44, the board of county commissioners shall take public testimony on the question of whether the county should contract with the owners of private roads within the county for the county to provide maintenance on such roads. If, after the hearing, the board determines that it is in the best interests of the residents of the county for the county to maintain private roads, the board may authorize the highway superintendent to enter into contracts for the maintenance of private roads by the county. The contract may not include a per hour cost of the maintenance which is less than the county's total cost for such maintenance. No contract may be for more than six hours of maintenance per year for any one person.
Source:
SL 1994, ch 238, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-44 - Annual hearing on maintenance continuation of private roads.

31-11-44. Annual hearing on maintenance continuation of private roads.
The board of county commissioners shall annually hold a public hearing on the continuance of the maintenance of private roads by the county. Such hearing shall be published pursuant to §31-11-42.
Source:
SL 1994, ch 238, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 11 - County Highway Department And Funds › Section 31-11-45 - Maximum maintenance authorization on private roads.

31-11-45. Maximum maintenance authorization on private roads.
If the board of county commissioners agrees to maintain private roads pursuant to §§31-11-41 to 31-11-44, inclusive, the board may establish a maximum number of hours of maintenance, or miles of road that the board will authorize.
Source:
SL 1994, ch 238, §4A.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-1 - Established highway systems perpetuated.

31-12-1. Established highway systems perpetuated.
The county highway system as heretofore designated and established in each organized county of the state is hereby perpetuated.
Source:
SL 1919, ch 333, §10; SDC 1939, §28.0301.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-2 - Change of county highway system--Order of Department of Transportation.

31-12-2. Change of county highway system--Order of Department of Transportation.
Except for minimum maintenance roads established pursuant to §31-12-46, no county highway system may be changed, altered, or modified except by authority of and in accordance with a written executive order of the Department of Transportation. Any such change shall be shown on the map of the county highway system in an office designated by the board of county commissioners and on such map in the Department of Transportation.
Source:
SDC 1939, §28.0302; SL 1941, ch 129; SL 1997, ch 176, §3; SL 2013, ch 130, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-5 - Supervision of construction, improvement, maintenance, and repair of system.

31-12-5. Supervision of construction, improvement, maintenance, and repair of system.
The construction, improvement, maintenance, and repair of the county highway system, except as provided for state trunk highways shall be under the supervision of the county superintendent of highways in organized counties, who shall formulate and direct the policy of the county for the construction, improvement, maintenance, and repair of the county highway system.
Source:
SL 1919, ch 333, §16; SDC 1939, §28.0303.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-6 - County system at expense of entire county--Tax levy.

31-12-6. County system at expense of entire county--Tax levy.
The county highway system shall be permanently constructed and improved, and shall be maintained and repaired at the expense of the whole county, and the funds necessary therefor shall be levied and collected in the same manner as other county taxes, and it shall be the duty of the board of county commissioners to determine upon and make such levy in the manner now provided by law.
Source:
SL 1919, ch 333, §16; SDC 1939, §28.0303.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-7 - Division of system into sections--Recording in county road book or database.

31-12-7. Division of system into sections--Recording in county road book or database.
The county highway superintendent shall maintain in a county road book or database a complete record of the divisions of the county highway system into sections, each section being designated by some appropriate number, name, or letter, and the starting point and terminus of each section being clearly designated at length.
Source:
SL 1919, ch 333, §20; SDC 1939, §28.0306; SL 2018, ch 168, §15.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-8 - Survey and report by superintendent on condition of system and structures.

31-12-8. Survey and report by superintendent on condition of system and structures.
The board of county commissioners may, if it deems it expedient, direct the county highway superintendent to make or cause to be made a survey and report upon all or parts of the county highway system for the purpose of ascertaining the condition of the parts thereof and of obtaining a record of existing structures and their condition.
Source:
SL 1919, ch 333, §20; SDC 1939, §28.0306.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-9 - Survey, plans, specifications, and estimates for permanent improvements.

31-12-9. Survey, plans, specifications, and estimates for permanent improvements.
Before any permanent improvement is undertaken upon the county highway system, the county highway superintendent shall, under the general direction of the board of county commissioners where deemed necessary, make or have made a survey and prepare or have prepared plans, specifications, and estimates for the improvement. Unless the county has adopted its own standards, the survey, plans, specifications, and estimates shall be prepared according to standards to be prescribed by the Transportation Commission, and shall be on the basis and with the object in view of permanent improvement, each as to bridge, culvert, tile, and road work.
Source:
SL 1919, ch 333, §20; SDC 1939, §28.0306; SL 2018, ch 168, §16.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-11 - Commencement of construction work.

31-12-11. Commencement of construction work.
After the survey and plan for each section of the county highway system has been prepared by or for the county highway superintendent, and specifications and an estimate of the cost therefor also prepared and approved by the board of county commissioners, such board of county commissioners may thereupon proceed as provided in this chapter with the construction of the road, tile, and culvert work in accordance therewith.
Source:
SL 1919, ch 333, §23; SDC 1939, §28.0308.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-12 - Small projects--Advertising, private contract, or county work permitted.

31-12-12. Small projects--Advertising, private contract, or county work permitted.
Any road, tile, or culvert construction, repair work, or materials upon the county highway system, for which the county highway superintendent's estimated cost equals or is less than the amount provided for in §5-18A-14, may be advertised and let at a public letting by the board of county commissioners, may be let privately at a cost not to exceed the county highway superintendent's estimate, or may be built by day labor.
Source:
SDC 1939, §28.0309; SL 1972, ch 32, §3; SL 1982, ch 223, §1A; SL 1987, ch 211, §1; SL 2011, ch 2, §133.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-13 - Large projects--Advertising for bids or built by day labor--Rejection of bids.

31-12-13. Large projects--Advertising for bids or built by day labor--Rejection of bids.
Any road, tile, or culvert construction, repair work, or materials on the county highway system, for which the county highway superintendent's estimated cost exceeds the amount provided in §5-18A-14, shall be advertised and let at a public letting by the board of county commissioners or may be built by day labor. The board may reject all bids, in which case the board may readvertise and let at a public letting.
Source:
SDC 1939, §28.0309; SL 1982, ch 223, §2; SL 1987, ch 211, §2; SL 2011, ch 2, §134; SL 2018, ch 168, §18.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-14 - Deadline for bids--Advertisement--Rejection of bids.

31-12-14. Deadline for bids--Advertisement--Rejection of bids.
If the cost of any road, bridge, tile, or culvert construction, repair work, or materials upon a county highway system or secondary roads exceeds the amount provided for in §5-18A-14 or any less amount for which work bids are to be called for, and after plans and specifications therefor have been prepared and filed in the office of the county auditor, the board having charge shall designate a time not less than twenty days from the date of such filing, at which sealed bids for such work or materials will be received. The board shall cause notice thereof to be published once each week for two successive weeks in one of the official newspapers of the county. The notice shall state where plans and specifications may be examined, when and where bids will be opened, a brief statement of the principal items of work and materials contemplated by the improvement, and the location of the same, the amount of the certified check or bidder's bond to be required, and such further notice as the board having supervision may deem advisable. Bids may be received at any special or regular meeting of the board. The board may refuse to accept any bids submitted.
Source:
SDC 1939, §28.0115; SL 1972, ch 32, §4; SL 1982, ch 223, §1B; SL 1987, ch 211, §3; SL 1993, ch 218, §1; SL 2011, ch 2, §135.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-15 - Written contract--Performance bond.

31-12-15. Written contract--Performance bond.
When any bid, as provided for in §31-12-14 has been accepted, the board of county commissioners, county highway board, or board of township supervisors, as the case may be, shall enter into a contract with the person whose bid has been accepted. The contract shall be in writing specifying the work to be done or the materials to be furnished, or both, the time for completion, and the contract price or rate of payments. The board shall require the person receiving the contract to furnish a bond with approved sureties, and in an amount the board considers sufficient, conditioned upon the faithful performance of the contract according to the plans and specifications.
Source:
SL 1919, ch 333, §26; SDC 1939, §28.0116; SL 1984, ch 207, §38.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-16 - Progress payments permitted.

31-12-16. Progress payments permitted.
On any contracts provided for in §31-12-15, partial payments may be made during the progress of the work upon estimates prepared by the county highway superintendent, but in no case shall partial payments exceed ninety percent of the value of the labor and materials incorporated in the work, or materials furnished, as the case may be.
Source:
SL 1919, ch 333, §27; SDC 1939, §28.0117; SL 1966, ch 81.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-17 - Superintendent's approval of bills before payment.

31-12-17. Superintendent's approval of bills before payment.
All bills for road construction work on the county highway system shall be filed in itemized form and certified to by the county highway superintendent before being allowed by the board of county commissioners, and before warrants in payment therefor are drawn by the county auditor.
Source:
SL 1919, ch 333, §28; SDC 1939, §28.0310.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-18 - Width of culverts.

31-12-18. Width of culverts.
Each culvert constructed on the county highway system shall have a width of not less than twenty-four feet.
Source:
SL 1919, ch 333, §20; SDC 1939, §28.0306; SL 2018, ch 168, §19.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-24 - Supervision of maintenance work by superintendent--Payments from road and bridge fund.

31-12-24. Supervision of maintenance work by superintendent--Payments from road and bridge fund.
The county highway superintendent is hereby charged with the actual direction and supervision of all maintenance work in the county and shall keep a record of the costs of such work and certify to the correctness of all claims for such work, except for the purchase of machinery.
Payment for maintenance work shall be made on warrants drawn upon the county road and bridge fund.
Source:
SL 1919, ch 333, §43; SDC 1939, §28.0312.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-25 - Establishment of witness corners required--Violation as petty offense.

31-12-25. Establishment of witness corners required--Violation as petty offense.
Whenever it may become necessary in grading highways to make a cut which will disturb or destroy, or a fill which will cover up, a government or other established corner, it shall be the duty of the county highway superintendent to establish permanent witness corners and make a record of the same, which shall show the distance and directions the witness corner is from the corner disturbed or covered up. Any county highway superintendent who fails to perform his duty under this section commits a petty offense.
Source:
SL 1919, ch 333, §21; SDC 1939, §§28.0307, 28.9902.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 12 - County Highway Systems › Section 31-12-26 - Responsibility for secondary roads in unorganized territory.

31-12-26. Responsibility for secondary roads in unorganized territory.
Each board of county commissioners and county superintendent of highways in organized counties shall construct, repair, and maintain all secondary roads within the counties not included in any municipality, organized civil township, improvement district organized pursuant to chapter 7-25A, or county road district organized pursuant to chapter 31-12A.
Source:
SDC 1939, §28.0408; SL 1992, ch 60, §2; SL 1995, ch 170, §1; SL 2011, ch 136, §1.