reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-71.14 - Applications for permits--Forms provided.

31-29-71.14. Applications for permits--Forms provided.
Any applications for permits provided by §31-29-71 shall be submitted on forms provided by the department. The department may require, with the application, supporting information such as, but not limited to, proof of ownership or proof of legal erection.
Source:
SL 1986, ch 240, §12.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-72 - Acquisition of nonconforming signs--Compensation required--Removal not required unless necessary funds available and compensation paid.

31-29-72. Acquisition of nonconforming signs--Compensation required--Removal not required unless necessary funds available and compensation paid.
The Department of Transportation may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of signs, displays, and devices made nonconforming by the terms of §§31-29-61 to 31-29-83, inclusive, which and insofar as their removal is required by such sections, for all signs, displays, and devices lawfully erected and maintained in this state. Any such removal, by whomever effected, is a taking and appropriation by this state subject to just compensation. Just compensation, in all ways equitably computed and including severance damage, shall be paid, for each such taking and appropriation. Despite any contrary provision in §§31-29-61 to 31-29-83, inclusive, or otherwise in law, no outdoor advertising may be required to be removed unless at the time of removal there are sufficient funds, from whatever source, appropriated and immediately available to the state with which to pay the just compensation required under this section, and unless at such time the federal funds required to be contributed to this state under 23 U.S.C. §131 have also been appropriated and are immediately available to this state. No such sign, display, or device may be removed until just compensation has been fully paid.
Source:
SL 1977, ch 246, §10; SL 1985, ch 236, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-72.2 - Priority in removal of advertising.

31-29-72.2. Priority in removal of advertising.
The secretary of the Department of Transportation shall establish a priority list to be followed in the removal of outdoor advertising pursuant to this chapter. The removal of directional information in the interest of the traveling public shall be the lowest priority on this list.
Source:
SL 1979, ch 202, §17.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-73 - Takings requiring compensation.

31-29-73. Takings requiring compensation.
Just compensation shall be paid under §31-29-72 for the following:
(1)The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device, and severance damages as provided by §31-29-72; and
(2)The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain signs, displays, and devices thereon; and
(3)The taking from the owners of real property on which the erection and maintenance of such signs, displays, and devices are prohibited by §§31-29-61 to 31-29-83, inclusive, of the negative easement so imposed.
Source:
SL 1977, ch 246, §11.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-73.1 - Highway fund used to pay for signs removed.

31-29-73.1. Highway fund used to pay for signs removed.
The state highway fund may be used to pay just compensation as required pursuant to §31-29-72 for outdoor advertising signs removed pursuant to this chapter.
Source:
SL 1979, ch 202, §11; SL 1985, ch 237.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-75 - Removal or valuation by amortization schedule prohibited--Owners of signs and property guaranteed just compensation.

31-29-75. Removal or valuation by amortization schedule prohibited--Owners of signs and property guaranteed just compensation.
No outdoor advertising sign, display, or device may be removed by an amortization schedule, nor may its value be so determined, and the owners thereof and the owners of the real property on which the same are situated shall be guaranteed just compensation, including through condemnation procedures, as provided in §§31-29-61 to 31-29-83, inclusive.
Source:
SL 1977, ch 246, §13.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-80.1 - Directional sign program.

31-29-80.1. Directional sign program.
The transportation commission shall promulgate rules, pursuant to chapter 1-26, to provide for a directional sign program to provide directional information on the right-of-way on the interstate and primary highway system for any business establishment, including any attraction, offering goods and services in the interest of the traveling public. The rules shall be developed in conformance with the manual on uniform traffic control devices and shall address permit application criteria; sign message and types of qualifying services; hours and periods of operation; qualifying distance to services; business sign priority; sign and panel locations and spacing; number and priority of signs per panel; sign and panel composition, size and color requirements; legend requirements; exit ramp sign size, spacing and message content; covering or removal of business signs; and erection and maintenance of signs and panels.
Source:
SL 1979, ch 201, §1; SL 1987, ch 210, §16; SL 1991, ch 236; SL 2013, ch 133, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-80.2 - Funding of directional sign program.

31-29-80.2. Funding of directional sign program.
The Department of Transportation may use federal aid interstate and primary funds and state highway funds to participate in the cost and erection of such signs. The department may also receive and expend money furnished by the firm whose name or logo is displayed on the sign to cover the cost of the business sign. The Transportation Commission may adopt rules pursuant to chapter 1-26 to establish a uniform annual assessment and initial fee to the advertiser to cover the cost of maintaining and erecting such signs. All fees and assessments pursuant to this section shall be credited to the state highway fund.
Source:
SL 1979, ch 201, §2; SL 1987, ch 210, §17.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-80.3 - Standards for directional signs submitted to federal government--Rules.

31-29-80.3. Standards for directional signs submitted to federal government--Rules.
The secretary of the Department of Transportation shall submit standards to the United States Department of Transportation for allowing off of the right-of-way directional and official signs as authorized pursuant to 23 U.S.C. §131(c)(1) and 23 CFR, Part 750, Subpart (B). The Transportation Commission shall promulgate rules pursuant to chapter 1-26 to establish criteria and selection methods in conformance with 23 CFR, Part 750, Subpart (B). The rules shall set forth permit application requirements; qualifying directional and official signs; eligibility criteria and standards; sign size, number, location, lighting, and spacing restrictions; sign message content; and erection and maintenance criteria and standards.
Source:
SL 1979, ch 201, §3; SL 1987, ch 210, §18.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-80.4 - Procedure for authorizing directional signs--Compliance with rules.

31-29-80.4. Procedure for authorizing directional signs--Compliance with rules.
The secretary of the Department of Transportation shall establish a program whereby an individual who qualifies for the sign authorized pursuant to §31-29-80.3 may petition for a location and be given clearance to erect a sign that conforms to the national standards for directional and official signs pursuant to 23 CFR, Part 750, Subpart (B). The signs erected pursuant to this section shall be installed and maintained by the owner in compliance with the rules of the Transportation Commission.
Source:
SL 1979, ch 201, §4; SL 1987, ch 210, §19.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-80.5 - Attraction defined.

31-29-80.5. Attraction defined.
For the purposes of §31-29-80.1, the term, attraction, means a business establishment of regional significance with the primary purpose of providing amusement, historical, cultural, or leisure activity to the public and has restroom facilities and drinking water and adequate parking accommodations.
Source:
SL 2013, ch 133, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-82 - Repair of sign permitted until actual removal--Maximum expenditure.

31-29-82. Repair of sign permitted until actual removal--Maximum expenditure.
A sign, display, or device not required to be removed, or until the time of actual removal, may be used and may be repaired if the expense of ordinary and customary maintenance, does not exceed fifty percent of the depreciated value of the sign or if the same has not been damaged beyond fifty percent of its depreciated value by an act of God.
Source:
SL 1977, ch 246, §14; SL 1979, ch 202, §14.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 29 - Highway Beautification And Regulation Of Advertising › Section 31-29-83 - Commercial activities in rest areas or information centers prohibited--Exceptions.

31-29-83. Commercial activities in rest areas or information centers prohibited--Exceptions.
Nothing in §§31-29-61 to 31-29-83, inclusive, authorizes the state or any political subdivision to operate or maintain, directly or indirectly, any commercial activity in any safety rest area or information center. This section does not apply to any commercial advertising or media display pursuant to §31-29-59, to a vending facility, vending soft drinks only, operated for the benefit of visually impaired vendors licensed by the Division of Service to the Blind and Visually Impaired or to a vending facility vending newspapers only. The Transportation Commission may promulgate rules pursuant to chapter 1-26 to establish a form upon which a newspaper vendor may apply for the placement of a vending machine; to establish provisions and standards for the location, operation, and maintenance of vending machines so as not to interfere with the use of the rest area or information center by the traveling public; and to maintain the orderly appearance of the vending facility.
Source:
SL 1977, ch 246, §21; SL 1984, ch 211, §2; SL 1986, ch 237, §2; SL 1989, ch 21, §152; SL 2010, ch 145, §163; SL 2013, ch 129, §2; SL 2018, ch 169, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-1 - Regulation of junk yards adjacent to interstate and primary highways--Nonconforming junk yards as public nuisances.

31-30-1. Regulation of junk yards adjacent to interstate and primary highways--Nonconforming junk yards as public nuisances.
For the purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junk yards in areas adjacent to the interstate and primary systems within this state. The Legislature hereby finds and declares that junk yards which do not conform to the requirements of this chapter are public nuisances.
Source:
SL 1966, ch 86, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-2 - Definitions.

31-30-2. Definitions.
Terms in this chapter mean:
(1)"Junk," old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material;
(2)"Automobile graveyard," any establishment or place of business which is maintained, used, or operated, for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts;
(3)"Junk yard," an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The term includes garbage dumps and sanitary fills;
(4)"Interstate system," that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, by the department, and approved by the United States secretary of transportation, pursuant to the provisions of Title 23, United States Code;
(5)"Primary system," that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the department and approved by the United States secretary of transportation pursuant to the provisions of Title 23, United States Code;
(6)"Department," the South Dakota Department of Transportation.
Source:
SL 1966, ch 86, §3; SL 2010, ch 145, §164.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-3 - Nonconforming junk yards prohibited--Proximity to highway--Screening.

31-30-3. Nonconforming junk yards prohibited--Proximity to highway--Screening.
No person may establish, operate, or maintain a junk yard, any portion of which is within one thousand feet of the nearest edge of the right-of-way of any interstate or primary highway, except the following:
(1)Those which are screened by natural objects, plantings, fences, or other appropriate means so as to be obscured from the main-traveled way of the system;
(2)Those located within areas which are zoned for industrial use under authority of law;
(3)Those located within unzoned industrial areas, which areas shall be determined from actual land uses as defined by the Transportation Commission by rules adopted pursuant to chapter 1-26;
(4)Those which are not visible from the main-traveled way of the system.
Source:
SL 1966, ch 86, §4; SL 1987, ch 210, §20.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-4 - Screening preexisting junk yards.

31-30-4. Screening preexisting junk yards.
Any junk yard lawfully in existence on February 14, 1966, which is within one thousand feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary system, shall be screened, if feasible, by the Department of Transportation or by the owner under the rules adopted by the Transportation Commission pursuant to chapter 1-26, at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as to be obscured from the main-traveled way of such highways.
Source:
SL 1966, ch 86, §5; SL 1987, ch 210, §21.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-5 - Rules respecting screening.

31-30-5. Rules respecting screening.
The Transportation Commission may adopt rules, pursuant to chapter 1-26, governing the location, planting, construction, and maintenance, including the materials used in screening or fencing required by this chapter.
Source:
SL 1966, ch 86, §6; SL 1987, ch 210, §22.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-6 - Acquisition of junk yards that cannot be screened.

31-30-6. Acquisition of junk yards that cannot be screened.
If the department determines that the topography of the land adjoining the highway does not permit adequate screening of a junk yard or the screening of the junk yard would not be economically feasible, the department may acquire by gift, purchase, exchange, or condemnation in the same manner as it may by law acquire property or property rights, interest in any land necessary to secure the relocation, removal, or disposal of the junk yards. The department may pay for the costs of relocation, removal, or disposal of the junk yard.
Source:
SL 1966, ch 86, §7; SL 2010, ch 145, §165.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-7 - Acquisition of land to provide screening.

31-30-7. Acquisition of land to provide screening.
If the department determines that it is in the best interest of the state, the department may acquire any land, or interests in land, as may be necessary to provide adequate screening of a junk yard.
Source:
SL 1966, ch 86, §7; SL 2010, ch 145, §166.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-8 - Acquisition of land for relocation where adequate screening not feasible.

31-30-8. Acquisition of land for relocation where adequate screening not feasible.
The department may acquire by gift, purchase, exchange, or condemnation from the owner, interest in any land necessary to secure the relocation, removal, or disposal of the following junk yards if it determines that the topography of the land adjoining the highway does not permit adequate screening of the junk yard or the screening of the junk yard would not be practical:
(1)Those lawfully in existence on October 22, 1965;
(2)Those lawfully along any highway made a part of the interstate or primary system on or after October 22, 1965, and before January 1, 1968; and
(3)Those lawfully established on or after January 1, 1968.
Source:
SL 1966, ch 86, §8; SL 2010, ch 145, §167.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-9 - Injunction to abate nuisance.

31-30-9. Injunction to abate nuisance.
The department may apply for an injunction to abate any nuisance arising from a violation of the provisions of this chapter.
Source:
SL 1966, ch 86, §9; SL 2010, ch 145, §168.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-10 - Expenditure of funds for regulation of junk yards.

31-30-10. Expenditure of funds for regulation of junk yards.
The department may expend funds for the purposes of regulation and control of junk yards adjacent to the interstate and primary systems in South Dakota from any highway funds under the jurisdiction of the department.
Source:
SL 1966, ch 88, §1; SL 1973, ch 192, §10; SL 2010, ch 145, §169.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-11 - Agreements with United States.

31-30-11. Agreements with United States.
The department may enter into agreements with the United States secretary of transportation as provided by Title 23, United States Code, relating to the control of junk yards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of any agreement.
Source:
SL 1966, ch 86, §11; SL 2010, ch 145, §170.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 30 - Junk Yards Along Highways › Section 31-30-12 - More restrictive regulation not affected.

31-30-12. More restrictive regulation not affected.
Nothing in this chapter abrogates or affects the provisions of any lawful ordinance, regulation, or resolution, which is more restrictive than the provisions of this chapter.
Source:
SL 1966, ch 86, §10; SL 2010, ch 145, §171.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 31 - Weed Removal Along Highways › Section 31-31-1 - Weed removal on state or county roads.

31-31-1. Weed removal on state or county roads.
The Department of Transportation and board of county commissioners of the various counties shall cut or remove, or cause to be cut or removed, grass, weeds, and brush growing within the right-of-way of all public highways within their respective jurisdiction and over which such department and boards exercise control as to repair and maintenance. A violation of this section is a petty offense.
Source:
SL 1939, ch 295, §1; SDC Supp 1960, §62.0201; SDCL, §31-31-7; SL 1985, ch 15, §37.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 31 - Weed Removal Along Highways › Section 31-31-2 - Weed removal on township roads--Duty of abutting landowner.

31-31-2. Weed removal on township roads--Duty of abutting landowner.
The owner or occupant of any land abutting or adjoining upon township roads shall cut, remove, or destroy or cause to be cut, removed, or destroyed, grass, weeds, trees, crops, and brush growing on or in the right-of-way of such roads, provided that such roads are left in such condition that any and all undergrowth thereby or thereon can be cut with a mower. A violation of this section is a petty offense.
Source: SDC 1939, §§62.0201, 62.0202; SL 1939, ch 295, §1; SDCL, §31-31-7; SL 1992, ch 204, §1; SL 2022, ch 91, § 1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 31 - Weed Removal Along Highways › Section 31-31-3 - Time for weed removal.

31-31-3. Time for weed removal.
Grass, weeds, trees, crops, or brush referred to in §§31-31-1 and 31-31-2 must be cut, removed, or destroyed between the first day of September and the first day of October of each year, or between dates annually fixed by the board of supervisors.
Source: SDC 1939, §62.0201; SL 1939, ch 295, §1; SL 1983, ch 228, §1; SL 1992, ch 204, §2; SL 2022, ch 91, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 31 - Weed Removal Along Highways › Section 31-31-4 - Employment of assistance in weed removal.

31-31-4. Employment of assistance in weed removal.
The Department of Transportation and any board of county commissioners may employ the necessary assistance to carry out the necessary provisions of this chapter or may have the work done by the employees regularly employed by the department or the board. The department and the board may fix the compensation and expenses of persons employed by them for the purpose of carrying out the provisions of this chapter. The department and board may be paid out of any fund or funds available to the department or board for the maintenance and repair of the highway.
Source:
SL 1939, ch 295, §2; SDC Supp 1960, §62.0202; SL 2010, ch 145, §174.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 31 - Weed Removal Along Highways › Section 31-31-5 - Failure of abutting landowner to remove weeds--Removal by board of supervisors--Compensation for removal.

31-31-5. Failure of abutting landowner to remove weeds--Removal by board of supervisors--Compensation for removal.
If the owner or occupant of land abutting upon or adjoining township roads does not cut, remove, or destroy, or cause to be cut, removed, or destroyed, the grass, weeds, trees, crops, or brush in the right-of-way of such roads between the first day of September and the first day of October, or between the dates annually fixed by the board, the board of supervisors of the township in which the land is located may employ a person or persons to immediately cut and remove the grass, weeds, trees, crops, and brush on or in the right-of-way of such township roads with compensation at a rate to be fixed and paid by the board.
Source: SDC 1939, §62.0202; SL 1939, ch 295, §3; SDC Supp 1960, §62.0203; SL 1983, ch 228, §2; SL 1992, ch 204, §3; SL 2022, ch 91, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 31 - Weed Removal Along Highways › Section 31-31-6 - Payment for cleanup by landowner or township--Election to determine.

31-31-6. Payment for cleanup by landowner or township--Election to determine.
The voters at each annual township election shall by majority vote determine whether the amount paid for the cleanup of township roads pursuant to 31-31-5 must be paid for by the landowner or the township. If the vote is to have the landowner pay, the amount must be certified by the township clerk to the county auditor not later than November first of the same year. The amount must be extended on the tax list in a separate column headed "Removal or destruction of grass, weeds, crops, and brush on highways" and must become a tax on the land adjoining the highway where the grass, weeds, crops, and brush were cut or removed and must be collected as other taxes. If the vote is to have the township pay, the cost of cutting and removal of grass, weeds, crops, and brush must be paid out of township funds without extending such cutting and removal costs on the tax lists as tax on the land of the adjoining township landowner.
Source: SL 1907, ch 250, §3; RC 1919, §10403; SL 1925, ch 301, §3; SDC 1939, §62.0203; SL 1939, ch 295, §3; SL 1984, ch 12, §37; SL 2022, ch 91, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-1 - Intentionally damaging highway or bridge--Felony.

31-32-1. Intentionally damaging highway or bridge--Felony.
Every person who intentionally digs up, removes, displaces, breaks, or otherwise injures or destroys any public highway or bridge, or any private way laid out by authority of law, or bridge upon such way, is guilty of a Class 6 felony.
Source:
PenC 1877, §686; CL 1887, §6875; RPenC 1903, §704; RC 1919, §4308; SDC 1939, §13.4515.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-3.1 - Intentional dumping on highway right-of-way prohibited--Violation as misdemeanor.

31-32-3.1. Intentional dumping on highway right-of-way prohibited--Violation as misdemeanor.
No person except as provided in §31-32-3.2 may intentionally dump any load of any material or cargo on or within the highway right-of-way. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1987, ch 212, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-3.2 - Authorized dumping on highway right-of-way.

31-32-3.2. Authorized dumping on highway right-of-way.
Any governmental employee or person involved in the construction or maintenance of public highway right-of-way or any person authorized by permit or contract with the governmental entity with jurisdiction over the highway right-of-way may dump a load of highway construction or maintenance materials on or within the highway right-of-way.
Source:
SL 1987, ch 212, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-4 - Intentional destruction of tollhouse or turnpike gate--Felony.

31-32-4. Intentional destruction of tollhouse or turnpike gate--Felony.
Every person who intentionally injures or destroys any tollhouse or turnpike gate is guilty of a Class 6 felony.
Source:
PenC 1877, §688; CL 1887, §6877; RPenC 1903, §706; RC 1919, §4310; SDC 1939, §13.4517.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-5 - Placing barbed wire across traveled road without visible obstruction--Petty offense--Civil liability.

31-32-5. Placing barbed wire across traveled road without visible obstruction--Petty offense--Civil liability.
Any person who shall place a barbed wire fence across any traveled road, whether the same be or be not a public highway, without at the same time building an obstruction across said road outside of and not farther away from said fence than two rods, consisting of at least two boards or poles securely fastened to three upright posts, commits a petty offense and is liable to the person injured for all damages sustained.
Source:
SL 1890, ch 131; RPenC 1903, §484; RC 1919, §3993; SDC 1939, §13.1623.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-6 - Duty to notify where bridge or highway is obstructed.

31-32-6. Duty to notify where bridge or highway is obstructed.
It shall be the duty of every person who so injures or obstructs any bridge or highway as to render the same unsafe immediately to put up a danger sign and use diligence to notify one or more of the members of the board or commissioners having jurisdiction or supervision over such bridge or highway of such injury or obstruction. A violation of this section is a petty offense.
Source:
SL 1917, ch 258, §§1, 2; RC 1919, §§8587, 8588; SL 1919, ch 223; SDC 1939, §§28.0912, 28.9908; SDCL, §31-32-8.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-7 - Destruction, etc., of highway grade or ditch--Violation as misdemeanor.

31-32-7. Destruction, etc., of highway grade or ditch--Violation as misdemeanor.
No unauthorized person may injure any highway by removing, destroying, or otherwise altering the grade constructed for such highway or by filling, obstructing, or otherwise altering the ditch which drains the grade of such highway or otherwise injures such highway in any manner. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §§28.0912, 28.9908; SDCL, §31-32-8; SL 1988, ch 235.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-8 - Civil liability for violating § 31-32-3.1, 31-32-6, or 31-32-7--Attorney fees.

31-32-8. Civil liability for violating §31-32-3.1, 31-32-6, or 31-32-7--Attorney fees.
Any person violating the provisions of §31-32-3.1, 31-32-6, or 31-32-7, in addition to the judgments authorized by those sections, shall also be liable in a civil action to the township, county, municipality, or other public corporation to which the highway, highway right-of-way, or bridge belonged, in the amount as may be recovered against the township, county, municipality, or other public corporation, including a reasonable amount for attorney's fees, on account of the injury or obstruction referred to in §31-32-3.1, 31-32-6, or 31-32-7.
Source:
SL 1917, ch 258, §2; RC 1919, §8588; SDC 1939, §28.9908; SL 2017, ch 126, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-9 - Duty of governing body to remove obstructions or repair--Recovery of expense from wrongdoer--Temporary obstruction for building purposes.

31-32-9. Duty of governing body to remove obstructions or repair--Recovery of expense from wrongdoer--Temporary obstruction for building purposes.
The governing body or board having charge of any street, road, or highway shall cause rock, stone, glass, or other obstruction placed in the street, road, or highway, to be removed, or in the event that the same is flooded by irrigation water, the street, road, or highway shall be repaired. The municipality, township, county, or other public corporation is entitled to recover from any person placing the obstruction in the street, road, or highway, or allowing the water to flow upon the same, the amount necessarily expended in the removal or repair, including a reasonable amount for attorney's fees, and the action may be commenced in any court in the county having jurisdiction. This section does not apply to the placing of rock or stone in the streets, roads, or highways temporarily for building purposes.
Source:
SDC 1939, §28.0915; SL 1992, ch 60, §2; SL 2017, ch 126, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-10 - Duty of governing body to give notice of dangerous road--Time for notice--Guards--Guards along abandoned roadway--Violation as petty offense.

31-32-10. Duty of governing body to give notice of dangerous road--Time for notice--Guards--Guards along abandoned roadway--Violation as petty offense.
If any highway, culvert, or bridge is damaged by flood, fire or other cause, to the extent that it endangers the safety of public travel, the governing body responsible for the maintenance of such highway, culvert, or bridge, shall within forty-eight hours of receiving notice of such danger, erect guards over such defect or across such highway of sufficient height, width, and strength to guard the public from accident or injury and shall repair the damage or provide an alternative means of crossing within a reasonable time after receiving notice of the danger. The governing body shall erect a similar guard across any abandoned public highway, culvert, or bridge. Any officer who violates any of the provisions of this section commits a petty offense.
Source:
SDC 1939, §§28.0913, 28.9910; SL 1951, ch 140; SL 1990, ch 227.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-12 - Bridges over ditches and canals excepted from notice requirements.

31-32-12. Bridges over ditches and canals excepted from notice requirements.
Nothing in § 31-32-10 may be construed as imposing any liability upon the county for any injury sustained by reason of any violation of §46-8-16 relating to bridges over ditches and canals.
Source:
SDC 1939, §28.0913 as added by SL 1951, ch 140; SL 2021, ch 128, § 9.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-13 - Business requiring use of highway by customers as misdemeanor--Exceptions.

31-32-13. Business requiring use of highway by customers as misdemeanor--Exceptions.
It is a Class 2 misdemeanor for any person to conduct an establishment or maintain a business the nature of which requires the use by patrons or customers of any part of the right-of-way of a state trunk highway while the patron or customer is receiving or discharging any merchandise or commodity at the place of business. This section does not apply to streets within the limits of municipalities which are under the control and regulation of the municipality. This section does not apply to a vending facility allowed pursuant to §31-29-83.
Source:
SL 1941, ch 137; SDC Supp 1960, §28.0916; SL 1984, ch 211, §3; SL 1986, ch 237, §3; SL 1989, ch 21, §153; SL 2010, ch 145, §175; SL 2013, ch 129, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-14 - Approved ingress and egress excepted from highway use restriction.

31-32-14. Approved ingress and egress excepted from highway use restriction.
The provisions of §31-32-13 do not, in any way, interfere with the rights of any person to use such means of ingress or egress to a place of business as are approved as to safety and design by the Department of Transportation and as are reasonably useful for the business conducted by the person on privately owned property.
Source:
SL 1941, ch 137; SDC Supp 1960, §28.0916; SL 2010, ch 145, §176.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-15 - Unlawful use of right-of-way as public nuisance.

31-32-15. Unlawful use of right-of-way as public nuisance.
The conducting of an establishment or maintaining of a business in violation of §31-32-13 constitutes a public nuisance and the department may bring an action to abate the nuisance or may fence the right-of-way of the state trunk highway to prevent the unlawful use.
Source:
SL 1941, ch 137; SDC Supp 1960, §28.0916; SL 2010, ch 145, §177.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-16 - Objects likely to fall on highway as public nuisance.

31-32-16. Objects likely to fall on highway as public nuisance.
Any tree, structure, or other object, that, because of its location and because of its age, infirmity, angle of stance, or other condition, is likely to fall, in whole or in part, upon any public highway within the State of South Dakota, so that any person using the highway at the time of the fall might be injured thereby, is a public nuisance against which the remedies prescribed by §21-10-5 may be employed.
Source:
SL 1945, ch 123, §1; SDC Supp 1960, §28.0917; SL 2010, ch 145, §178.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-17 - Negotiation with owner for abatement of nuisance.

31-32-17. Negotiation with owner for abatement of nuisance.
If it appears to the satisfaction of any department, board, or governing body charged with the duty of the maintenance of any highway in this state, that a nuisance as defined by §31-32-16 exists along any highway in respect to which highway the department, board, or governing body has the duty of maintaining, the department, board, or governing body shall negotiate with the owner of the property on which the nuisance exists for the voluntary abatement of the nuisance.
Source:
SL 1945, ch 123, §2; SDC Supp 1960, §28.0917; SL 2010, ch 145, §179.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 32 - Highway Obstructions And Defects › Section 31-32-18 - Failure of owner to abate nuisance--Civil action--Cost charged against owner.

31-32-18. Failure of owner to abate nuisance--Civil action--Cost charged against owner.
If the owner of the property referred to in §31-32-17 or of the nuisance refuses or fails to voluntarily abate the nuisance within a reasonable time, the department, board, or governing body, shall bring a civil action on behalf of the public, in the proper court, to abate the nuisance. If abatement is ordered in the suit, the cost of the action shall be charged against the owner of the land on which the nuisance was maintained and against whom the action in abatement was brought.
Source:
SL 1945, ch 123, §2; SDC Supp 1960, §28.0917; SL 2010, ch 145, §180.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 33 - Municipal Arterial Street Systems › Section 31-33-1 - "Arterial street" defined.

31-33-1."Arterial street" defined.
For the purposes of this chapter unless the context otherwise requires, the term, arterial street, shall mean any street or highway designated by local authorities to serve primarily through traffic on continuous routes and major connecting streets or highways thereto within their respective jurisdictions.
Source:
SL 1969, ch 117, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 33 - Municipal Arterial Street Systems › Section 31-33-2 - Requirement for establishment of arterial street system.

31-33-2. Requirement for establishment of arterial street system.
An arterial street system shall be designated by the governing body of each municipality of this state having a population of five thousand or more according to the last federal census, provided, however, that any municipality of the state with less than five thousand population may also establish an arterial street system should said municipality find such action advantageous in planning, constructing, maintaining, and administrating the highways and streets under its jurisdiction.
Source:
SL 1969, ch 117, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 33 - Municipal Arterial Street Systems › Section 31-33-3 - Trunk highway system not included in arterial street system--Total mileage limitation.

31-33-3. Trunk highway system not included in arterial street system--Total mileage limitation.
The arterial street system of any municipality shall not include any sections of the state trunk highway system and shall not exceed in total mileage more than twenty-five percent of the total road and street mileage that is open to public travel within the area administered by said governing body.
Source:
SL 1969, ch 117, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 33 - Municipal Arterial Street Systems › Section 31-33-4 - Legislative intent--Joint planning between first or second class municipality, county and state officials--Integrated system of state highways and arterial streets.

31-33-4. Legislative intent--Joint planning between first or second class municipality, county and state officials--Integrated system of state highways and arterial streets.
It is hereby declared to be the intention of the Legislature to provide that to the greatest extent possible an arterial street system, as provided for in this chapter, shall be planned as a joint venture between first or second class municipality, county and state officials to assure maximum contribution to the total municipal and community environment with consideration given to safety, convenience to the user, present and future traffic needs and the capacity of the municipality or cooperating agencies or both to develop and maintain said system, and further arterial streets should, when combined with the state trunk system, become an integrated system of highways and streets.
Source:
SL 1969, ch 117, §8; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 33 - Municipal Arterial Street Systems › Section 31-33-5 - Adoption of arterial street system by governing body--Recording with Department of Transportation.

31-33-5. Adoption of arterial street system by governing body--Recording with Department of Transportation.
Each municipal governing body shall after due deliberation and consultation with county and state officials regarding the selection of the roads and streets that are to constitute its arterial street system take the necessary action to adopt said system and shall forward a certified copy of such action together with a map showing the arterials and a description of same to the Department of Transportation to be recorded.
The roads and streets as recorded by the Department of Transportation shall for all purposes be known as the arterial street system of that municipality.
Source:
SL 1969, ch 117, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 33 - Municipal Arterial Street Systems › Section 31-33-6 - Filing map and description of system in county and city auditor's offices and city engineer's office.

31-33-6. Filing map and description of system in county and city auditor's offices and city engineer's office.
The governing body of each municipality designating an arterial street system shall in addition to filing map and description of said system with the Department of Transportation cause certified copy of said map and description to be filed in the Office of the Auditor or auditors of the county or counties wherein the municipality is located and in the city auditor's and city engineer's office.
Source:
SL 1969, ch 117, §7.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 33 - Municipal Arterial Street Systems › Section 31-33-7 - Additions, relocations, or deletions from arterial street system.

31-33-7. Additions, relocations, or deletions from arterial street system.
Any municipality's arterial street system may be added to, relocated, or have sections deleted as provided in §§31-33-8 and 31-33-9.
Source:
SL 1969, ch 117, §5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 33 - Municipal Arterial Street Systems › Section 31-33-8 - Additions--Total mileage limitation and recording requirements applicable.

31-33-8. Additions--Total mileage limitation and recording requirements applicable.
Additions to the system may be made by action of the local governing agency provided the twenty-five percent limitation is not violated and that an updated map and description accompany the request to the Department of Transportation for recording.
Source:
SL 1969, ch 117, §5 (1).
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 33 - Municipal Arterial Street Systems › Section 31-33-9 - Relocations or deletions--Notice and hearing--Recording requirement applicable.

31-33-9. Relocations or deletions--Notice and hearing--Recording requirement applicable.
When a section or sections of the arterial street system are to be relocated or deleted, the governing body shall submit such change including a map and descriptive material to the Department of Transportation for the purpose of recording such change, provided however, that prior to the submission of such plan for relocation or deletion, such governing body shall cause to be held a public hearing, such hearing to be properly advertised in the city's official newspaper or papers, such notice of hearing to contain ample detail of the contemplated relocation or deletion and an invitation for interested citizens to be heard. The governing body of the municipality shall make the final decision following said hearing.
Source:
SL 1969, ch 117, §5 (2).
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 33 - Municipal Arterial Street Systems › Section 31-33-10 - Jurisdiction and supervision of construction, improvement and marking of system--Agreements for participation in federal or state programs.

31-33-10. Jurisdiction and supervision of construction, improvement and marking of system--Agreements for participation in federal or state programs.
All construction, improvement, repair, maintenance, and marking of the arterial street system shall be under the jurisdiction and supervision of the municipality's governing body provided that said governing body may enter into agreements or contracts with the board of county commissioners or the Department of Transportation to facilitate participation in federal or state highway programs.
Source:
SL 1969, ch 117, §6.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 34 - Rural Access Infrastructure › Section 31-34-1 - Definition.

31-34-1. Definition.
For the purposes of this chapter, the term, small structure, means any small bridge or culvert with an opening of sixteen square feet or more located on a township road or county secondary road, excluding bridges as defined in § 31-14-1.
Source:
SL 2021, ch 129, § 1, eff. Mar. 25, 2021.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 34 - Rural Access Infrastructure › Section 31-34-2 - Money distribution by state--Inventory--Grants.

31-34-2. Money distribution by state--Inventory--Grants.
Before August 1, 2021, the Department of Revenue shall distribute the sum of three million dollars on a pro rata basis to each county for the purpose of planning and completing an inventory of small structures as prescribed by the Department of Transportation. Before August 1, 2022, the Department of Revenue shall distribute a portion of the sum of three million dollars to each county based on the allocation calculated in accordance with this section for the purposes described in §31-34-3. Each county's allocated percentage is calculated by using the total number of small structures on township roads and county secondary roads located in a county divided by the sum of all small structures on township roads and county secondary roads in the state as reported to the Department of Transportation, multiplied by one hundred. Each county that receives moneys from this rural access infrastructure program shall use the moneys in accordance with the provisions of this chapter.
Source: SL 2021, ch 129, §2, eff. Mar. 25, 2021; SL 2022, ch 92, §1.