reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this chapter have the following meanings:
(1) "ADT," "average daily traffic," the average volume of traffic for a 24-hour period;
(2) "Appurtenances," features of utility facilities such as vents, drains, fire hydrants, manholes, poles, or markers;
(3) "Clear zone," the distance from the outside edge of the outer driving lane to a ground-mounted obstacle;
(4) "Region engineer," the engineer assigned to a geographical portion of the state by the Department of Transportation;
(5) "Department," South Dakota Department of Transportation;
(6) "Traveled way," that portion of the roadway used for the movement of vehicles exclusive of shoulders;
(7) "P.s.i.g.," pounds per square inch gauge;
(8) "Urban areas," an area including or adjacent to a municipality or other urban place with a population of 5,000 or more.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-3,  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:02 - Scope

Current through Register Vol. 51, page 10, July 15, 2024
The rules of this chapter apply to all public and private utilities located within noninterstate highway right-of-way under the jurisdiction of the department.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-3,  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:03 - Materials and design criteria

Current through Register Vol. 51, page 10, July 15, 2024
Utility installations must be designed, constructed, and maintained with durable materials.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-3,  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:04 - Criteria for aerial facilities

Current through Register Vol. 51, page 10, July 15, 2024
The criteria for aerial facilities are as follows:
(1) Ground-mounted supports for aerial facilities and other appurtenances shall be located as near to the right-of-way line as possible and shall provide a clear zone in accordance with the American Association of State Highway and Transportation Officials "Roadside Design Guide." In curb and gutter roadway sections, ground-mounted supports and other appurtenances shall be located a minimum of 6 feet beyond the back side of the curb;
(2) Ground-mounted supports or other protruding appurtenances within the clear zone shall be constructed with a breakaway feature or be protected in accordance with the American Association of State Highway and Transportation Officials "Roadside Design Guide," when the speed limit is over 30 miles per hour;
(3) Aerial facilities shall completely span the highway. If there is a median over 80 feet wide, a supporting structure may be placed in the median if a clear zone can be maintained in accordance with the American Association of State Highway and Transportation Officials "Roadside Design Guide";
(4) The minimum vertical clearance for power and communication lines above the highway and the lateral and vertical clearance from the bridges shall conform to the "National Electrical Safety Code," 1987 edition;
(5) Breakaway supports or guide rails are not required when the support or appurtenance is located beyond deep drainage ditches, approaches, retaining walls, and other protected locations;
(6) In urban areas, a five foot minimum walkway shall be maintained clear to facilitate travel by the visually impaired and the handicapped.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-3,  31-26-5,  31-26-22.
"Roadside Design Guide," American Association of State Highway and Transportation Officials (AASHTO), 1989. Copies may be obtained from the American Association of State Highway and Transportation Officials, 444 North Capitol Street, N.W., Suite 225, Washington, D.C. 20001. Cost $35.
"National Electrical Safety Code," Institute of Electrical and Electronics Engineers, Inc., 1987 Edition. Copies may be obtained from the Institute of Electrical and Electronics Engineers, Inc., 345 East 47th Street, New York, New York 10017. Cost $31.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:05 - Criteria for underground power and communication facilities

Current through Register Vol. 51, page 10, July 15, 2024
The criteria for underground power and communication facilities are as follows:
(1) Longitudinal installations shall be located as near the right-of-way line as possible. In curb and gutter highway sections, the installation may be placed under the driving and parking lanes when it cannot be placed beyond the curb;
(2) Installations shall be in as straight a line as possible. Markers shall indicate crossings and longitudinal occupation and shall be placed as shown on the approved utility permit;
(3) Crossings of paved surfaces shall be made by boring or jacking. Boring or jacking must be continuous from toe of inslope to toe of inslope or back of curb to back of curb. Crossings of gravel or unpaved surfaces may be made by open trench;
(4) Conduit is required for bored or jacked crossings except when the cable being installed is approximately of the same size as the opening being made;
(5) The minimum depth of cover over the installation to the surface is four feet under rural roadway sections, two feet under curb and gutter roadway sections, and three feet under other areas within the right-of-way.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:06 - Criteria for underground pipeline facilities

Current through Register Vol. 51, page 10, July 15, 2024
The criteria for underground pipeline facilities are as follows:
(1) Longitudinal installations must be located as near the right-of-way line as possible. In curb and gutter highway sections, the installation may be placed under the parking lanes or, if none, the outside driving lane when it cannot be placed beyond the curb. The region engineer may grant an exception to this requirement if the utility is tying into existing pipelines;
(2) Installations must be in as straight a line as possible. Installations must indicate crossings and longitudinal occupation by means of markers or manholes which must be placed as shown on the approved utility permit;
(3) Crossings of paved surfaces must be made by boring or jacking. Boring or jacking must be continuous from toe of inslope to toe of inslope or back of curb to back of curb. Crossings of gravel or unpaved surfaces may be made by open trench. Justified unusual cases, such as tying into existing pipelines on roadways with older surfacing and other similar cases, may be made by open cut installations;
(4) Pipeline crossings carrying hazardous materials, rural pipeline crossings carrying nonhazardous materials, pipeline crossings with diameters of 6 inches or more, and pipeline crossings operating at pressures of 80 psig or more must be encased. However, welded steel pipeline crossings may be installed without encasement provided that they meet the following requirements:
(a) Have increased wall thickness or higher strength steel or both;
(b) Have increased depth of cover;
(c) Are marked in accordance with subdivision (2) of this section; and
(d) Are designed to withstand internal design pressures and the superimposed loads of the roadway and traffic, including that of construction machinery;
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:07 - Criteria for irrigation facilities

Current through Register Vol. 51, page 10, July 15, 2024
The criteria for irrigation facilities are as follows:
(1) Longitudinal installations shall be located as near to the right-of-way as possible. Open ditch installations are not permitted within the right-of-way;
(2) Permanent installation crossings of the right-of-way shall be made with buried box culverts or pipelines. All joints must contain a seal to prevent leaking. The minimum depth of cover over the installation is three feet;
(3) Temporary irrigation facilities, those remaining in place only for the duration of the irrigation season, may be placed on the ground surface when they are beyond the clear zone. When they are within the clear zone they must be dug in so that no more than four inches of pipe extends above the ground;
(4) Crossings of paved surfaces shall be made by boring or jacking. Boring or jacking must be continuous from toe of inslope to toe of inslope or back of curb to back of curb. Crossings of gravel or unpaved surfaces may be made by open trench. Temporary irrigation facilities may be placed inside a highway drainage structure if the department determines that such placement does not interfere with drainage.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:08.01 - Specific criteria for certain pipelines

Current through Register Vol. 51, page 10, July 15, 2024
Pipelines that transport volatile, flammable, corrosive, or explosive materials may not be located, relocated, or otherwise placed and maintained on any bridge or other highway structure unless they conform to the requirements in this section.
Each line must be encased throughout the bridge, and the casing must be carried beyond the back of the bridge abutment and effectively opened or vented at each end. The casing pipe must be capable of withstanding the same internal pressure as the carrier pipe.
Each line must have a manual or automatic shut-off valve located within 300 feet of each end of the structure.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-3,  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:08.02 - Specific criteria for power and communication lines

Current through Register Vol. 51, page 10, July 15, 2024
The criteria for considering permit application for power and communication lines are as follows:
(1) Electric power and communication lines attached to a highway bridge or structure must be insulated from the structure and must be carried in protective conduit or pipe throughout the bridge and to underground locations at each end of the structure. Exposed metallic conduit carrying electrical cables must be grounded separately from the structure;
(2) High voltage transmission lines which cannot be placed in protective conduit or pipe must be located outside of the superstructure either on poles supported from the bridge piers or on framework attached to trusses; and
(3) Attachments for electric power and communication lines must provide sufficient clearance for convenience and safety during maintenance and repair of bridge structure or other utility installations on the bridge.
Metallic conduit attached to structures that are cathodically protected must meet all of the requirements in this section and may not adversely affect the cathodic protection of the structure. Such an attachment must insulate the conduit from the soil and use anodes at each end for grounding. The specific method proposed to be used must be specified in the permit application and is subject to approval by the region engineer.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:08.03 - Utility accommodation on new bridge or highway structure design

Current through Register Vol. 51, page 10, July 15, 2024
If the department plans to construct a new bridge structure, the design of the structure may, upon request of a utility company, be reviewed for accommodation of existing or proposed utility installations consistent with the requirements in this chapter. The utility company must reimburse the state for any additional costs associated with accommodation of the utility facility in the new structure.
Installation of a facility by a utility company on a new structure must be coordinated with the bridge construction so as not to interfere with the operations of the highway contractor.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-3,  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:09 - Criteria for protecting and enhancing the environment

Current through Register Vol. 51, page 10, July 15, 2024
Designated areas including scenic strips, overlooks, rest areas, recreation areas, public parks, and historic sites are subject to limited utility installations as follows:
(1) New underground utility installations may be permitted within the kinds of lands listed at the beginning of this section if they do not require extensive removal or alteration of trees or other natural features visible to the highway user and do not impair the visual quality of the lands being traversed;
(2) New aerial installations may be permitted by the region engineer at such locations only under the following circumstances:
(a) Other locations are unusually costly;
(b) Other locations are less desirable from the standpoint of visual quality;
(c) Undergrounding is not technically feasible or is unreasonably costly; and
(d) The proposed installation can be made visually pleasing.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:11 - Construction, relocation, and maintenance - Traffic control

Current through Register Vol. 51, page 10, July 15, 2024
Utilities shall plan construction, relocation, and maintenance activities to minimize hazards and inconvenience to the traveling public. Utilities shall provide traffic control and signing in accordance with the requirements of Part VI of the
Manual on Uniform Traffic Control Devices
, 1985, as amended and in effect on January 24, 1989.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-3,  31-26-22.
"Work Zone Traffic Control Standards and Guidelines," Part VI,
Manual on Uniform Traffic Control Devices
, Federal Highway Administration, U.S. Department of Transportation, 1985, as amended by revisions dated March 9, 1987, and January 24, 1989. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Cost $44.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:12 - Construction, relocation, and maintenance - Restoration

Current through Register Vol. 51, page 10, July 15, 2024
Areas disturbed within the right-of-way due to construction, relocation, or maintenance activities shall be restored as nearly as possible to their original condition. The department may require special restoration procedures as necessary.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-3,  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:13 - Construction, relocation, and maintenance - Vegetation

Current through Register Vol. 51, page 10, July 15, 2024
Utilities shall notify the department before spraying, cutting, or trimming vegetation in connection with construction, relocation, or maintenance activities. The department may require special procedures as necessary.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-3,  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:14 - Application for utility permit

Current through Register Vol. 51, page 10, July 15, 2024
The owner of a utility shall submit an application to the applicable region engineer for a utility permit for the installation, relocation, and expansion of utility facilities on a state highway within the right-of-way. Each permit application shall contain a description, including dimensions, of the proposed utility installation and a detailed plan or sketch showing the physical placement of the utility with relation to highway features. For complex installations which appreciably affect traffic patterns, a detailed traffic control plan showing the proposed signing and delineation layout is required. Traffic control, in accordance with Part VI of the Manual on Uniform Traffic Control Devices, 1985, as amended and in effect on January 24, 1989, must be provided. An approved utility permit allows for the maintenance of a utility installation, although the utility must notify the nearest department maintenance unit before repairs are made within the right-of-way.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-22.
"Work Zone Traffic Control Standards and Guidelines," Part VI,
Manual on Uniform Traffic Control Devices,
Federal Highway Administration, U.S. Department of Transportation, 1985, as amended by revisions dated March 9, 1987, and January 24, 1989. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Cost $44.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:15 - Approval of application and issuance of permit

Current through Register Vol. 51, page 10, July 15, 2024
The director of operations or a designated representative may approve applications and issue permits for utility facility occupation of state highway right-of-way.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:16 - Permittees to indemnify department

Current through Register Vol. 51, page 10, July 15, 2024
A permittee shall indemnify the department and save it and its officers and employees harmless from any of the following:
(1) All suits, actions, or claims of any kind brought because of any injuries or damage received or sustained by any person, persons, or property because of any of the following reasons:
(a) The permittee's use and occupancy of the right-of-way designated in the permit;
(b) Any neglect in safeguarding the work;
(c) Use of defective materials in constructing the work; or
(d) Any act, omission, neglect, or misconduct of the permittee;
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05 - Utility accommodations on noninterstate rights-of-way › Section 70:04:05:17 - Wetlands drainage

Current through Register Vol. 51, page 10, July 15, 2024
The installation of privately owned lines, open ditches, drainage tile, or conduits on state trunk highway rights-of-way for the purpose of draining adjacent wetlands onto the highway right-of-way is prohibited.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05.01 - Utility accommodations on interstate rights-of-way › Section 70:04:05.01:01 - Construction and maintenance of utility facilities within the interstate right-of-way

Current through Register Vol. 51, page 10, July 15, 2024
All longitudinal installations within the interstate right-of-way are prohibited except for longitudinal installations of fiber-optic telecommunications cable if the facility is located as near the right-of-way line as practicable. However, the department may approve longitudinal utility attachments to structures over major bodies of water where other utility crossings are impractical, result in excessive costs, or are otherwise unique and unusual. The department may also approve longitudinal installations if the permittee is a governmental entity, the utility facility is a gravity flow sewer line or a water line, and other locations would result in excessive costs or are impractical as determined by the region engineer.
No access from the main roadway of the interstate highway is permitted for construction or maintenance of utility facilities in the interstate right-of-way except as follows:
(1) Motor vehicles and equipment may use frontage roads and the unsurfaced portions of the right-of-way to construct and maintain utility facilities provided they obtain ingress and egress from other than the main roadway of the interstate highway;
(2) In time of disaster or emergency, where ingress or egress as described in subdivision (1) of this section is temporarily impossible, the surfaced area of the right-of-way may be used to approach the distressed facilities and the surfaced shoulder may be used for temporary parking, provided the region engineer receives prior notification and provisions for the safety of the general traveling public are made;
(3) Where damaged utility lines or facilities are a danger to the life or property of the general traveling public, access to them may be had by the most expeditious route. The repair must be done in a manner that will provide the traveling public with maximum possible safety. The utility shall give notice of the situation to the highway patrol and the region engineer as soon as possible under the circumstances.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-3,  31-26-22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:05.01 - Utility accommodations on interstate rights-of-way › Section 70:04:05.01:02 - Applicable standards

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements in § 70:04:05.01:01, the standards in §§
									70:04:05:01; 70:04:05:03; 70:04:05:04(1) to (5), inclusive; 70:04:05:05(3) to (5), inclusive; 70:04:05:06(3) to (5), inclusive; 70:04:05:08 to 70:04:05:08.03, inclusive; 70:04:05:09; 70:04:05:11 to 70:04:05:17, inclusive, and in "A Policy on the Accommodation of Utilities Within Freeway Right-of-Way," February 1989, apply to construction and maintenance of all public and private utility installations on interstate rights-of-way.
General Authority:
SDCL  31-26-22.
Law Implemented:
SDCL  31-26-22.
"A Policy on the Accommodation of Utilities Within Freeway Right-of-Way," American Association of State Highway and Transportation Officials, 1989. Copies may be obtained from the American Association of State Highway and Transportation Officials, 444 North Capitol Street, N.W., Suite 225, Washington, D.C. 20001. Cost: $3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this chapter have the following meanings:
(1) "Owner," the person or persons entitled to the possession of real property abutting a state trunk or interstate highway;
(2) "Abutting," any land which adjoins the state trunk or interstate highway system;
(3) "Right-of-way," the state trunk and interstate highway systems being maintained by the Department of Transportation;
(4) "Department," the South Dakota Department of Transportation;
(5) "Median," the area of right-of-way from the inside shoulder of one lane of a divided highway to the inside shoulder of the opposite lane;
(6) "Permit," permission to mow the right-of-way, except the median, for which there is no fee;
(7) "Contract," permission to mow the median, for which the fee is set by bid.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:02 - Mowing permits or contracts required

Current through Register Vol. 51, page 10, July 15, 2024
Except for department mowing operations, a person may not mow or remove any grass from the right-of-way unless the person has first been issued a permit or contract as provided by this chapter.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:03 - Mowing permit application - No fee

Current through Register Vol. 51, page 10, July 15, 2024
A mowing permit application is available from the department for mowing interstate highway rights-of-way, except medians. The person requesting the permit shall complete the following items on the permit application:
(1) The applicant's name, address, and phone number;
(2) The side or sides of the highway the mowing permit is requested for, identified by beginning and ending mileposts to the tenth of a mile;
(3) A legal description of the mowing location; and
(4) Whether the applicant is the owner or tenant of the land abutting the requested mowing area.
The applicant shall sign and date the permit application. There is no fee for the permit.
A general permit is granted to all South Dakota residents for mowing all other state trunk highway rights-of-way, except medians. All permittees shall abide by rules established for mowing by permit as provided by this chapter. The department may revoke an individual's permit for any violation of these rules. An abutting landowner shall be given priority over any other person wishing to mow the highway right-of-way.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:03.01 - Contract for median mowing - Bid proposal - Minimum bid

Current through Register Vol. 51, page 10, July 15, 2024
Mowing of a state highway median may only be done by the department or by a contractor under a contract with the department. The department shall announce in at least three newspapers when it will accept bid proposals for mowing, processing, and removing hay from a state highway median.
Bidders shall identify the areas for which they are submitting a bid by entering the beginning and ending milepost numbers to the tenth of a mile. Areas for which the bidder is an abutting landowner must be identified separately from other areas on which the bidder wishes to bid. Bids shall be submitted on a per mile basis for each area bid. The minimum acceptable bid is $20 $30 per mile.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:03.02 - Awarding of mowing contracts

Current through Register Vol. 51, page 10, July 15, 2024
Abutting landowners are given priority over other bidders for contract mowing of the area adjacent to their property. When two abutting landowners have submitted bids for the same area, the highest bid will be given priority. The department reserves the right to reject any or all bids. If an award is made, the bidder must agree to enter into a contract with the department and to tender, either in cash or by check, the full amount for the area awarded. The amount due shall be determined by multiplying the length of the area awarded times the amount bid per mile.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:04 - Department not required to issue permits or contracts

Current through Register Vol. 51, page 10, July 15, 2024
The department reserves the right not to issue permits or contracts for mowing on any or all portions of the right-of-way.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:05 - Application for permit by nonabutting person requires waiver

Current through Register Vol. 51, page 10, July 15, 2024
If a nonabutting person who wishes to mow the interstate highway right-of-way applies for a permit, the application must be accompanied by a waiver signed by the abutting landowner.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:06 - Start of mowing

Current through Register Vol. 51, page 10, July 15, 2024
No mowing of the right-of-way may begin in the west river counties of Dewey, Jones, Stanley, Gregory, Lyman, or Tripp before June 15 and east of the Missouri River before July 10. All mowing by permit must be completed by September 1 each year, unless an extension is granted in writing by the department.
Mowing of the median by contract may begin on the date the contract is approved and must be performed during the hours between sunrise and sunset. The contractor shall notify the department 24 hours before beginning mowing.
Prior to July 10 in all counties east of the Missouri River and prior to June 15 in the counties of Dewey, Jones, Stanley, Gregory, Lyman and Tripp, the department may conduct mowing operations in the following right-of-way locations:
(1) the median of divided highways up to fifteen feet from the nearest edge of the shoulder;
(2) in-slopes up to eight feet from the nearest edge of the shoulder;
(3) areas where mowing will enhance sight distance and other safety factors;
(4) areas where mowing will enhance noxious weed control or promote grass growth; and
(5) at interstate rest areas, adjacent to cemeteries, within municipalities, and in developed areas up to one mile outside of municipal boundaries, the area from the right-of-way line up to the nearest edge of the shoulder.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:07 - Restrictions on mowing of newly constructed right-of-way

Current through Register Vol. 51, page 10, July 15, 2024
Except for department mowing operations to enhance safety, control noxious weeds, or promote grass growth, mowing on newly constructed sections of highway is not allowed for a period of three years or until the grass has become permanently established.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:08 - Liability insurance required

Current through Register Vol. 51, page 10, July 15, 2024
Each permittee or contractor mowing within the right-of-way must carry liability insurance in the minimum amount of $50,000 for property damage and $100,000 for personal liability.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:09 - Area of right-of-way which may be mowed

Current through Register Vol. 51, page 10, July 15, 2024
The area of the highway right-of-way which may be mowed by permit is limited to the area from the right-of-way line up to the nearest edge of the roadway shoulder and the areas inside interchanges if access to interchange areas is made by other than the main highway.
The medians of divided highways may be mowed by contract.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:10 - Manner of mowing

Current through Register Vol. 51, page 10, July 15, 2024
All mowing by permit or contract must be done in a workmanlike manner and the area must be left in a neat condition upon completion of the work. Contractors shall mow around signs, delineators, guiderails, improvements, and appurtenances as closely as possible.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:11 - Removal of hay - Restrictions on baled hay

Current through Register Vol. 51, page 10, July 15, 2024
All hay harvested under a permit must be removed from the right-of-way within 30 days after being processed or by October 1, whichever is earlier, unless an extension of time is granted in writing by the department. All hay harvested by contract must be removed within 10 days after being processed or by October 1, whichever is earlier, unless an extension of time is granted in writing by the department. Baled hay shall not be left within the right-of-way during the specified timeframe closer than 30 feet from the painted shoulder stripe. Any hay not removed within the time limits set in this section may be removed and disposed of by the department.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:12 - Access to work area

Current through Register Vol. 51, page 10, July 15, 2024
Methods of obtaining access to the work area of a highway right-of-way are as follows:
(1) For mowing by permit:
(a) Access to the work area on interstate and controlled access highways is limited to the use of gates provided in the right-of-way fence. If no gate exists, one may be installed by the permittee. The gate becomes the property of the state;
(b) Under no condition may the permittee enter or leave the work area through use of the main roadway;
(c) The department is not responsible for providing access roads outside the right-of-way line;
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:13 - Parking of haying equipment

Current through Register Vol. 51, page 10, July 15, 2024
When haying equipment is not in use it must be parked near the right-of-way line. If equipment used for contract mowing is left overnight, it must be parked out of the median near the right-of-way fence line.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:06 - Mowing of highway rights-of-way › Section 70:04:06:14 - Liability of permittee

Current through Register Vol. 51, page 10, July 15, 2024
The permittee or contractor is responsible for any damage to fences, signs, landscape planting, or other highway features resulting from mowing and haying operations by the permittee or contractor. The permittee or contractor shall hold the department, its officers, or employees harmless from any claims or actions brought by any person against the department, its officers, or employees as a result of the negligence of the permittee or contractor or agents or employees of the permittee or contractor.
General Authority:
SDCL  31-5-21.
Law Implemented:
SDCL  31-5-21.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:07 - Tourist-oriented directional signing - On right-of-way › Section 70:04:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL  31-29-62 have the same meaning when used in this chapter. In addition, terms used in this chapter have the following meaning:
(1) "Tourist-oriented directional signing," signing installed and maintained by the department within the right-of-way of a highway which provides business identification and directional information for tourist-oriented businesses;
(2) "Rural business," a commercial activity engaged in as a means of livelihood or profit, located completely outside a municipality as defined by SDCL  9-1-1, that provides goods or services or which engages in commerce, trade, or industry;
(3) "Tourist-oriented business," a business, service, or activity that receives the major portion of its income or visitors during its business season from road users traveling for pleasure and not residing in the area of the facility. A tourist-oriented business is a lodging establishment, campground, visitor attraction, recreational service, recreational equipment rental business, or visitor intensive business as defined by SDCL  10-45D-1, or an agri-tourism business;
(4) "Agri-tourism business," a business that offers activities that occur on a farm and are related to the agricultural use of the farm site, including, but not limited to: on-site sales of agricultural products directly to the consumer, such as roadside farm markets, pick-your-own operations, you-cut Christmas trees, farms wineries, and educational activities and tours.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:07 - Tourist-oriented directional signing - On right-of-way › Section 70:04:07:02 - General criteria

Current through Register Vol. 51, page 10, July 15, 2024
To be considered for tourist-oriented directional signing, a business shall meet the following criteria:
(1) The business shall be a rural business and a tourist-oriented business;
(2) The business shall comply with applicable state and federal laws concerning the provision of public accommodations without regard to race, religion, color, age, sex, or national origin;
(3) The business shall be located within 20 miles of the signed intersection;
(4) The business shall be open a minimum of six hours a day, five days a week, and 12 months a year. A seasonal business may qualify if it is open six hours a day and five days a week during the seasonal period which such businesses would typically operate;
(5) The intersection to be signed shall be located on a highway in a rural area outside a municipality as defined by SDCL  9-1-1;
(6) The business may not have an on-premise sign that advertises the business visible from the highway at a distance greater than shown in the table below. Sight distance shall be evaluated for each direction of traffic. If the business has an on-premise sign that is not visible from the highway in one direction, a tourist-oriented directional sign may be allowed in the direction of traffic in which the on-premise sign cannot be seen.
Posted Speed (mph)
Maximum Sight Distance
To On-premise Sign
30
305 feet
35
360 feet
40
425 feet
45
495 feet
50
570 feet
55
645 feet
60
730 feet
65
820 feet
70
910 feet
(7) The business may not be identified by an off right-of-way directional sign as authorized in chapter 70:04:03 that is within five miles, is on the same route as, and is facing the same direction as the proposed tourist-oriented directional sign; and
(8) The business is not maintaining a sign which is in violation of SDCL chapter 31-29.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:07 - Tourist-oriented directional signing - On right-of-way › Section 70:04:07:03 - Restrictions

Current through Register Vol. 51, page 10, July 15, 2024
The following restrictions apply to tourist-oriented directional signing:
(1) Each tourist-oriented business is limited to signing at one intersection on the highway nearest the business. The tourist-oriented directional sign shall be located at the intersection nearest to the business to direct the motorists off the state highway. Additional signing may be considered when the tourist-oriented business is located between, or approximately an equal distance from, two or more highways;
(2) A tourist-oriented directional sign or assembly may not be placed at a location that will interfere with other traffic control devices. If space is unavailable, tourist-oriented directional signs are not allowed;
(3) An existing tourist-oriented directional sign permit may not be renewed if the activity or site no longer qualifies for tourist-oriented business signing. If the tourist-oriented directional sign causes a potential safety issue or if the business is maintaining a sign in violation of SDCL chapter 31-29, the sign shall be removed immediately;
(4) Any tourist-oriented business that will be closed for any reason, including closing during the off-season period, shall notify the department at least 48 hours before it suspends operation. The department shall mask, remove, or otherwise indicate that the business is closed during the period of suspension; and
(5) The department may approve no more than four tourist-oriented directional signs for tourist-oriented businesses which lie in one direction from an intersection. The department may not consider additional applications unless space becomes available.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:07 - Tourist-oriented directional signing - On right-of-way › Section 70:04:07:04 - Trailblazing

Current through Register Vol. 51, page 10, July 15, 2024
If supplemental signing is necessary on roads not operated by the department in order to reach the tourist-oriented business, signing on these roads is the responsibility of the tourist-oriented business and shall be in place prior to installation of tourist-oriented directional signing.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:07 - Tourist-oriented directional signing - On right-of-way › Section 70:04:07:05 - Advance signing

Current through Register Vol. 51, page 10, July 15, 2024
Advance signing may be installed at the discretion of the department and is limited to those situations where sight distance, intersection vehicle maneuvers, or other vehicle operating characteristics require advance notice of the service to reduce vehicle conflicts and improve highway safety.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:07 - Tourist-oriented directional signing - On right-of-way › Section 70:04:07:07 - Specific requirements for signs

Current through Register Vol. 51, page 10, July 15, 2024
The design, style and size of lettering, arrangement and size of signs, advance signing, and sign locations shall conform to requirements in the 2009 edition of the Manual on Uniform Traffic Control Devices for Streets and Highways.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-80.1.
"Signs," Part II,
Manual on Uniform Traffic Control Devices
, Federal Highway Administration, U. S. Department of Transportation, 2009. Copies may be obtained from the Superintendent of Documents, U. S. Government Printing Office, Washington, D.C. 20402. Cost $22.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:07 - Tourist-oriented directional signing - On right-of-way › Section 70:04:07:08 - Application procedure

Current through Register Vol. 51, page 10, July 15, 2024
The application procedure for a tourist-oriented directional sign permit is as follows:
(1) Application must be made to the department on forms furnished by the department;
(2) All applications must be accompanied by a one-time $50 fee for each tourist-oriented directional sign requested;
(3) Within 30 days after receipt of an application, the department shall notify an applicant whether or not the application has been approved and, if it has, the date it is anticipated that it will be installed;
(4) The applicant shall pay an annual fee of $100 for each sign to the department on the date of installation and thereafter on the anniversary date of the installation to cover costs for installing, maintaining, and removing the sign. The department shall bill the applicant for these fees.
General Authority:
SDCL  31-29-80.1,  31-29-80.2.
Law Implemented:
SDCL  31-29-80.1,  31-29-80.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:07 - Tourist-oriented directional signing - On right-of-way › Section 70:04:07:09 - Contract for manufacture and administration

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Transportation may contract with private industry or another agency of the state for the installation or manufacture of tourist-oriented directional signs and the administration of the tourist-oriented directional sign program.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-80.1.