reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:03 - Bid proposals › Section 70:07:03:01 - Procedure for accessing bid proposals

Current through Register Vol. 51, page 10, July 15, 2024
A prospective bidder may access bid proposals from the department's website for each letting. If the bid letting is held at a department region office, the instructions for obtaining the bid proposals will be advertised on the department's website.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10,  31-5-10.1,  31-5-10.2,  31-5-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:03 - Bid proposals › Section 70:07:03:01.01 - Optional combination bidding

Current through Register Vol. 51, page 10, July 15, 2024
The department may issue bid proposal forms for multiple projects to be bid in combination or separately, so that prospective bidders may elect to submit bids on the combination of projects, one or more separate projects, or both the combination of projects and one or more separate projects. If one or more responsive bids are submitted for the combination of projects and all of the separate projects, contract awards may be made on the combination bid or separate project bids that result in the lowest total cost for all projects. If no responsive bids are received on the combination of projects, contracts may be awarded for any of the separate projects. If one or more responsive bids are received only on the combination of projects, contract awards may be made on the combination bid. If one or more responsive bids are submitted for the combination of projects and no responsive bids are received on at least one of the separate projects, contract awards may be made on the combination bid but all separate bids will be rejected.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10,  31-5-10.1,  31-5-10.2,  31-5-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:03 - Bid proposals › Section 70:07:03:05 - Award of multiple contracts

Current through Register Vol. 51, page 10, July 15, 2024
If a prospective bidder is the lowest competent and responsible bidder on more than one project and the total amount of these bids exceeds the current bidding capacity, the department may only award contracts in an amount up to the current bidding capacity. department shall select contracts for award based on the best interests of the department.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:01 - Suspension for subcontracting violation

Current through Register Vol. 51, page 10, July 15, 2024
The standard specifications for road and bridge construction included in the construction contract shall contain provisions for subcontracting.
If the secretary determines a contractor has violated subcontracting provisions, the secretary may suspend the bidding qualifications of the contractor for up to 180 days.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:02 - Suspension of bidder

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may suspend a business from bidding upon receiving notice or learning of a conviction for a contract crime or violation of antitrust law or upon receiving evidence of an affiliation described in §
									70:07:04:07, 70:07:04:08, or 70:07:04:09.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:03 - Suspension - Notice and content - Effective date

Current through Register Vol. 51, page 10, July 15, 2024
The order of suspension shall describe the reason for suspension and the period of suspension. The order shall be sent by certified mail to the business suspended.
The order of suspension takes effect on the date the order is mailed. A suspension may not exceed 180 days.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
Debarment procedure, §
											70:07:04:10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:05 - Grounds for debarment - Contract crime

Current through Register Vol. 51, page 10, July 15, 2024
The commission may debar a business if the business or a principal or former principal of the business is convicted in any jurisdiction of a contract crime or if a conviction is imputed to the business as set forth in §§
									70:07:04:07  and 70:07:04:08.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:06 - Grounds for debarment - Violation of antitrust laws

Current through Register Vol. 51, page 10, July 15, 2024
The commission may debar a business if the business or a principal or former principal of the business is convicted in any jurisdiction of violating SDCL chapter 37-1, federal antitrust laws, or another state's antitrust laws or if a conviction is imputed to the business as set forth in §§
									70:07:04:07  and 70:07:04:08.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:07 - Conviction of person imputed to business

Current through Register Vol. 51, page 10, July 15, 2024
The conviction of a person for a contract crime is imputed to a business when the conduct which gave rise to the conviction occurred in connection with the person's performance of duties for or on behalf of that business in the course of employment or with the knowledge, approval, acquiescence, or subsequent ratification of the person's conduct by the business.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:08 - Debarment based on affiliation

Current through Register Vol. 51, page 10, July 15, 2024
The conviction of a person or business for a contract crime in any jurisdiction is imputed to any principal, former principal, successor business or corporation, or any other person who is associated with or formerly associated with the convicted person or business and who participated in, knew of, or had reason to know of the contract crime.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:09 - Reasons for debarment

Current through Register Vol. 51, page 10, July 15, 2024
The commission may debar a business for the following reasons:
(1) The business employs a former principal of a debarred or suspended business or person as an officer, director, or manager or in another significant decision-making capacity while the former principal or business is debarred or suspended;
(2) The business is owned by or associated in a joint venture with a debarred or suspended business or is controlled by a principal or former principal of a debarred or suspended business; or
(3) A former principal of a debarred or suspended business has a significant financial interest in the business and the principal has the authority to or will control, direct, manage, or influence activities of the business concerned with the department contract in question.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:10 - Right to hearing on suspension and debarment

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may suspend a business and the commission may debar a business only after a hearing or opportunity for hearing pursuant to contested case procedure in SDCL chapter 1-26 has been provided for the business.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:10.1 - Notice of suspension or debarment

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall notify the business of the intent to suspend or debar. Thes notice shall inform the business of the right to request a hearing prior to imposition of suspension or debarment and shall include an explanation of the procedure for requesting a hearing. The notice shall be sent by certified mail to the address on record with the department. The secretary shall send notice of intent to disbar within 60 days after a suspension order.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:10.2 - Hearing request

Current through Register Vol. 51, page 10, July 15, 2024
To request a hearing, the person shall submit a written request to the secretary. A mailed hearing request must be postmarked or an electronic hearing request must be received within twenty days following the date of the notice to suspend or debar. Upon receipt of a request for hearing, the secretary shall issue a notice of hearing pursuant to SDCL chapter 1-26.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:10.3 - Failure to respond

Current through Register Vol. 51, page 10, July 15, 2024
Failure to request a hearing within the time specified in 70:07:04:10.2 constitutes a waiver of the right to a hearing. If the right to a hearing on suspension is waived, then the secretary may issue an order of suspension. If the right to a hearing on debarment is waived, then the commission may issue an order of debarment.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:11 - Debarment period when conviction imputed or based on affiliation

Current through Register Vol. 51, page 10, July 15, 2024
The period of debarment when a conviction for a contract crime is imputed under §
									70:07:04:07  or based on affiliation under §
									70:07:04:08  may not be less than any period of debarment imposed on the convicted person or business.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:12 - Duration of debarment

Current through Register Vol. 51, page 10, July 15, 2024
A business may not be debarred for more than three years for conduct which gave rise to the grounds for debarment.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:13 - Effective date of debarment

Current through Register Vol. 51, page 10, July 15, 2024
A debarment takes effect on the date of the final decision by the commission. The order for debarment shall be sent by certified mail.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:14 - Time limit for initiating debarment or suspension

Current through Register Vol. 51, page 10, July 15, 2024
A debarment or a suspension must be initiated within three years from the date of the conviction of a person or business for a contract crime.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:15 - Term of debarment

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall establish the term of debarment, based on the following:
(1) The seriousness of the offense;
(2) Whether restitution has been made;
(3) Whether the debarred person cooperated in civil or criminal lawsuits;
(4) The state's need to preserve the competitive bidding process; and
(5) Whether the business is debarred or has been debarred in another jurisdiction or in this state.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:16 - Termination of debarment or award during debarment

Current through Register Vol. 51, page 10, July 15, 2024
The commission may terminate a debarment by order or may award a department contract to a debarred or suspended business under any of the following circumstances:
(1) The business is the sole supplier of a material or service required by the department;
(2) The commission determines that an emergency exists; or
(3) The contract is for purchasing materials or renting equipment for routine road maintenance.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:17 - Continuation of contracts

Current through Register Vol. 51, page 10, July 15, 2024
Department contracts in existence at the time of debarment or suspension are not terminated by the debarment or suspension.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:18 - Award of department contracts to debarred or suspended business prohibited - Exception

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §
									70:07:04:16, the department may not award a department contract to a debarred or suspended business.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:19 - Subcontracts with debarred or suspended business prohibited - Exception

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §
									70:07:04:16, a contractor to whom a department contract has been awarded by the commission may not subcontract with a debarred or suspended business for performance of the department contract. The department may not approve a debarred or suspended subcontractor, except as provided in § 74:07:04:16.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:20 - Suspension of prequalification

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may suspend the prequalification status of any business based on a violation of a state or federal law, rule, or regulation; an order of a federal or state department or agency pertaining to the construction, maintenance, repair, or supervision of highways; suspension or debarment by a state or federal agency; poor or unsatisfactory management, quality, and timeliness of work performed on existing or previous contracts; inability to finance the work; lack of equipment or capable and experienced personnel; or failure to submit supplemental information as requested by the committee under §
									70:07:02:18. A suspension pursuant to this section prohibits the business from bidding on any department contract for which prequalification is required.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10; 31-5-10.1; 31-5-10.2; 31-5-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:21 - Period of suspension

Current through Register Vol. 51, page 10, July 15, 2024
The suspension of prequalification status shall be for a specific period of time based on the seriousness of the deficiency, but not to exceed 180 days.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:04 - Suspension and debarment › Section 70:07:04:22 - Prequalification requirements following completion of suspension or debarment

Current through Register Vol. 51, page 10, July 15, 2024
A business that was suspended or debarred and has completed the suspension or debarment period, shall reapply for prequalification status before bidding on a construction contract for which prequalification is required. The business may submit prequalification application information before the end of the suspension or debarment period, but no prequalification approval is effective until completion of the suspension or debarment period.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:08 - Railroad's exercise of eminent domain › Chapter 70:08:01 - General provisions › Section 70:08:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter have the same meaning as those terms defined by SDCL  49-16A-1.
General Authority:
SDCL  49-16A-75.1.
Law Implemented:
SDCL  49-16A-75.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:08 - Railroad's exercise of eminent domain › Chapter 70:08:01 - General provisions › Section 70:08:01:02 - Application for authority to exercise eminent domain

Current through Register Vol. 51, page 10, July 15, 2024
Any railroad desiring to exercise the right of eminent domain for the acquisition of right-of way necessary for the construction or reconstruction of its road shall make application for authority to do so to the department on a form approved by the department. The truth and accuracy of the application shall be verified by the applicant.
General Authority:
SDCL  49-16A-75.1.
Law Implemented:
SDCL  49-16A-75.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:08 - Railroad's exercise of eminent domain › Chapter 70:08:01 - General provisions › Section 70:08:01:03 - Information to be included in application

Current through Register Vol. 51, page 10, July 15, 2024
The application required by §
									70:08:01:02  shall include the following:
(1) The applicant's name, state of incorporation, principal place of business, and telephone, email, and FAX numbers;
(2) The names of the corporate officers and directors;
(3) The registered agent for service of process in this state;
(4) A general description of the proposed project and its purpose in accordance with the provisions of SDCL  49-16A-75.3; and
(5) For each landowner with respect to whom the railroad may seek authority to exercise the right of eminent domain, as known at the time of the application, based on the railroad's expectations for land acquisition at that stage of the project:
(a) The landowner's name and mailing address;
(b) A description of the property presently known to be needed to complete the project both for right-of-way and for any temporary easement needed for construction purposes, including the consideration of any proposed alternative routes or potential land acquisitions that may be needed as known to date; and;
(c) A description of the efforts made by the railroad to acquire sufficient property for the project without needing to exercise the right of eminent domain.
If the applicant is required to submit the same or similar information to another state or federal agency having jurisdiction, the information required by this section may be submitted in the same format as it will be submitted to the other agency.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:08 - Railroad's exercise of eminent domain › Chapter 70:08:01 - General provisions › Section 70:08:01:04 - Procedure

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of an application submitted pursuant to §
									70:08:01:02, a hearing on the application shall be scheduled and conducted in accordance with SDCL chapter 1-26 to determine whether the railroad's exercise of the right of eminent domain would be for a public use consistent with public necessity as provided by SDCL chapter 49-16 A. The hearing officer may hold such pre-hearing conferences with the parties or their attorneys as the hearing officer deems necessary or desirable to consider such matters as may aid in the disposition of the hearing. If it is determined by the Governor, or the commission, that the railroad's exercise of eminent domain would be for a public use consistent with public necessity, the application for authority shall be granted. If it is determined the exercise of eminent domain is not for a public use consistent with public necessity, the application for authority shall be denied.
General Authority:
SDCL  49-16A-75.1.
Law Implemented:
SDCL  49-16A-75,  49-16A-75.1,  49-16A-75.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this title mean:
(1) "Area engineer," the department engineer exercising administrative supervision over a geographical region of the state in accordance with the organizational structure of the department;
(2) "Department," the South Dakota Department of Transportation;
(3) "Engineering study," an evaluation of the operational and safety characteristics of a transportation facility using techniques, standards, and guidelines presented in the
Manual on Uniform Traffic Control Devices
, 2000 edition,
A Policy on Geometric Design of Streets and Highways
, 1994 edition, the
Traffic Engineering Handbook
, fifth edition, the
Manual of Transportation Engineering Studies
, 1994 edition, and
Trip Generation
, 6th edition;
(4) "Peak hour trip," the movement of one vehicle to or from a point during the hour of a typical day containing the maximum vehicular volume on the street;
(5) "Permittee," any land owner or land owner's agent possessing an access permit approved by the department;
(6) "Secretary," the secretary of the South Dakota Department of Transportation;
(7) "Traffic impact study," an evaluation of the traffic effects related to a particular land use, using techniques, standards, and guidelines common among traffic engineering professionals, including those published in the reference for the definition of engineering study;
(8) "Urban," any incorporated area and its fringe development areas.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
Manual on Uniform Traffic Control Devices
, 2000 edition, Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, Cost: $145 (http://mutcd.fhwa.dot.gov/knomillennium.htm).
A Policy on Geometric Design of Highways and Streets
, 1994 edition, American Association of State Highway and Transportation Officials, P.O. Box 96716, Washington, DC 20090-6716, Cost: $120.
Traffic Engineering Handbook
, 5th edition, Institute of Transportation Engineers, 1099 14th St., NW, Suite 300 West, Washington, DC 20005-3438, Cost: $110.
Manual of Transportation Engineering Studies
, 1994, Institute of Transportation Engineers, 1099 14th St., NW, Suite 300 West, Washington, DC 20005-3438, Cost: $99.
Trip Generation
, 6th edition, Institute of Transportation Engineers, 1099 14th St., NW, Suite 300 West, Washington, DC 20005-3438, Cost: $250.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:02 - Permits required

Current through Register Vol. 51, page 10, July 15, 2024
No person may construct any access providing direct vehicle movement between any state highway and any property adjoining a state highway without an access permit issued by the department. The property owner shall remove and pay for removal of an access point installed without a valid permit. Access permits shall be issued in compliance with this chapter.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:03 - Applications shall be submitted to the area engineer

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall submit one application for each access location on state highways to the area engineer with jurisdiction over the access location.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:04 - Contents of application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall submit an access application on a form approved by the department. The application shall include the following:
(1) The name and address of the applicant;
(2) The name and address of the property owner (if different from the applicant);
(3) The legal description of the property to be served by the access;
(4) The state highway and location on the highway to be accessed;
(5) The land use of the property to be served by the access;
(6) The type of access requested;
(7) The estimated date of access construction;
(8) The signature of the applicant and, if different from the applicant, of the property owner; and
(9) The signature of any local government official with jurisdiction over the proposed access site attesting to review of the access, unless the need for the signature is waived by the area engineer.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:05 - Additional application information

Current through Register Vol. 51, page 10, July 15, 2024
The department may also require the application to contain the following information:
(1) A proposed access approach design;
(2) A vicinity map indicating access location;
(3) The estimated daily traffic volumes to and from the site;
(4) The estimated daily traffic volumes to and from the access;
(5) Three copies of a site plan showing the design details of the proposed access;
(6) A construction traffic control plan;
(7) Proof of liability insurance;
(8) A detailed development plan;
(9) A drainage plan;
(10) A traffic impact study; and
(11) A revegetation plan.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:06 - Completed application

Current through Register Vol. 51, page 10, July 15, 2024
An application is complete when the area engineer has received all documents required pursuant to §§
									70:09:01:04  and 70:09:01:05.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:07 - Traffic impact study requirement

Current through Register Vol. 51, page 10, July 15, 2024
The area engineer may require a traffic impact study with any application for access to a property that will generate 100 or more peak hour trips. The area engineer shall determine the scope of the study, considering probable operational and safety impacts to the general street system. The study shall determine what improvements may be necessary to maintain arterial level of service "C", as defined by Exhibit 15-2 in the
Highway Capacity Manual
, 2000 edition, under the traffic conditions expected with the proposed development under consideration. A professional engineer with specific experience in traffic operations analysis shall perform the study. The study shall be sealed by a South Dakota registered professional engineer. The study shall examine the functional relationships among existing, planned, and potential access points and shall use policies and design manual standards and guidance jointly determined by the department and the applicant.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
Highway Capacity Manual
, edition 2000, Transportation Research Board, Lockbox 289, Washington, D.C. 20055, (202) 334-3213, Cost: $120.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:08 - Local government consultation

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide a copy of any completed access permit to any local unit of government affected by the proposed access. The area engineer may require the applicant to obtain signatures of officials of any affected local government documenting their review of the access point proposed in the access application. The affected local government may provide comments for consideration by the department.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:09 - Time period for application review

Current through Register Vol. 51, page 10, July 15, 2024
The department shall advise an applicant of the status of the application within 30 days of receipt of a complete application. Any access application not acted upon by the department within 60 days is denied.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:10 - Conditional application approval

Current through Register Vol. 51, page 10, July 15, 2024
The department may attach reasonable and prudent stipulations as a condition of application approval. The stipulations shall indicate any access improvement or operating condition necessary to protect public health, safety, and welfare, including reference to applicable design standards.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:01 - Application and process › Section 70:09:01:11 - Appeals

Current through Register Vol. 51, page 10, July 15, 2024
Any person aggrieved by a decision of the department on an access permit application may appeal in writing to the secretary within 20 days after the date of the decision. Within 15 days after receipt of the appeal, the secretary shall grant the relief requested or set a time and place for hearing the appeal. The hearing may not be later than 60 days after the filing of the appeal. The notice of the time and place of the hearing shall be sent by first-class mail to the appellant at least 20 days prior to the date set for hearing. The hearing shall be conducted in accordance with the provisions of SDCL chapter 1-26.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:02 - Access location criteria › Section 70:09:02:01 - Access-location criteria

Current through Register Vol. 51, page 10, July 15, 2024
The highway classifications and access location criteria displayed in the table in Appendix A, South Dakota Access-Location Criteria, shall be used to determine whether or not an access permit is granted, and if granted, the location of the access. The department shall determine the access classification for each highway using Appendix A. An engineering study of sight distance, corner clearance, operational efficiency, safety and adjacent land use may also be conducted by department personnel prior to granting access and may alter the criteria shown in the table. A traffic impact study, if required, shall be conducted pursuant to §
									70:09:01:07. Coordinated access planning, when conducted under §
									70:09:02:03, shall supercede any determination may be applying Appendix A. The department may choose to adopt and defer to local criteria on any state highway facility located within the local jurisdiction if the access location criteria promulgated by the local unit of government are more stringent than those contained in Appendix A. The criteria in Appendix A do not apply if the department has acquired access rights through gift, purchase, or condemnation.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:02 - Access location criteria › Section 70:09:02:02 - Variance from access-location criteria

Current through Register Vol. 51, page 10, July 15, 2024
The area engineer may grant a variance from the access-location criteria in §
									70:09:02:01. The granting of the variance shall be in harmony with the purpose and intent of this chapter. No variance may be considered until other feasible options for meeting access-location criteria are explored. Any applicant for a variance from these criteria shall provide proof of unique or special conditions that make strict application of the provisions impractical. This shall include proof that:
(1) Reasonably convenient access cannot otherwise be obtained;
(2) No feasible engineering or construction solutions can be applied to mitigate the condition; and
(3) No alternative access is available from a street other than the primary roadway.
No variance may be granted, unless a strict application of access-location criteria would deny reasonably convenient access or would endanger public health, welfare, and safety. A variance from local access-location criteria must be granted by the local jurisdiction prior to the department's consideration of the variance if the department has deferred to more stringent local criteria. This section does not apply if the department has acquired access rights through gift, purchase, or condemnation.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:02 - Access location criteria › Section 70:09:02:03 - Coordinated access planning

Current through Register Vol. 51, page 10, July 15, 2024
Any access point on a state highway in or adjacent to an urban area may be determined by access planning. The department or any unit of local government may initiate an access plan. A local government shall obtain the participation of the department on any access plan that includes a state highway. Any access plan shall be in harmony with the purpose and intent of this chapter. Any plan jointly developed by a local agency and the department shall be approved by the local entity and the department prior to taking effect. If a local jurisdiction declines to participate in access planning, the department may complete an access plan primarily considering the safety and efficiency of the highway system. Nothing in any access plan prepared solely by the department shall be deemed to interfere with any local land use planning and zoning authority. The original approving agency must ratify any amendment to an approved access plan.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:02 - Access location criteria › Appendix A - South Dakota Access-Location Criteria

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Access-Location Criteria
Access Class
Signal
Spacing
Distance
(mile)
Median
Opening
Spacing
(mile)
Minimum
Unsignalized
Access Spacing
(feet)
Access Density
Denial of
Direct
Access
When Other
Available
Interstate
N/A
N/A
N/A
N/A
Yes
Expressway
1/2
1/2
2640
at half-mile increments
Yes
Free Flow Urban
1/2
1/2 F, 1/4 D
1320
at quarter-mile increments
Yes
Intermediate Urban
1/2
1/2 F, 1/4 D
660
at eighth-mile increments
Yes
Urban Developed
1/4
1/4
100
2 accesses/block face
Yes
Urban Fringe
1/4
1/2 F, 1/4 D
1000
5 accesses/side/mile
Yes
Rural
N/A
N/A
1000
5 accesses/side/mile
Yes
NOTES:
1.
Access to the Interstate system is governed by SDDOT interchange policy. No new
access shall be provided on non-interstate routes within 1/8 mile of interstate ramp
terminals.
2.
N/A = Not Applicable, F = Full Movement all turns and through movements
provided, D = Directional Only certain turning and through movements not
provided.
3.
SDDOT may defer to stricter local standards.
4.
SDDOT will seek opportunities to reduce access density wherever possible.
5.
Rural class minimum unsignalized access spacing may be reduced to 660' by the
Area Engineer, based on results of an engineering study as described in §
														70:09:02:01.
Access Class Definitions
Interstate
the designated Interstate highway system, including I-90, I-29, I-229, and I-190.
Expressway
high-speed divided highways serving interstate and regional travel needs.
Free Flow Urban
higher speed facilities with access subordinate to through traffic movement.
Intermediate Urban
serves through traffic while allowing moderate access density.
Urban Developed
traffic artery with high access density. Access and through movement have equal priority.
Urban Fringe
rural highway serving developing area immediately adjacent to a city or town. Access regulated to provide future through-traffic priority.
Rural
low volume, high-speed facility. Access points are spaced for safety and operations efficiency.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:03 - Access permits › Section 70:09:03:01 - Permit expiration and extension

Current through Register Vol. 51, page 10, July 15, 2024
A permit is expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. The permittee may request a one-year extension from the department if the permittee is unable to commence construction within one year after the permit issue date. Only one extension may be granted. Any request for an extension must be in writing and submitted to the department before the permit expires. The request shall state the reasons why the extension is necessary and when construction is anticipated. The request shall include a copy of the first page of the access permit. Any extension approval shall be in writing. Any person wishing to reestablish an access permit that has expired shall submit a new permit application.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:03 - Access permits › Section 70:09:03:02 - Permit continuity

Current through Register Vol. 51, page 10, July 15, 2024
The landowner and the landowner's heirs, successors-in-interest, and assigns of property shall be responsible for meeting the terms and conditions of an approved access permit.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:03 - Access permits › Section 70:09:03:03 - Permittee to notify the department of changes in traffic characteristics

Current through Register Vol. 51, page 10, July 15, 2024
The permittee shall contact the department to determine if a new access permit and modifications to the access are required if:
(1) The land use served by the access changes;
(2) The traffic volume using the access increases by at least 25%; or
(3) The truck percentage of total vehicular volume using the access increases by at least 10%.
The department may, without receiving notice from the permittee, initiate such a review and determination, with notice to the permittee.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:03 - Access permits › Section 70:09:03:04 - Nonconforming approach

Current through Register Vol. 51, page 10, July 15, 2024
The department may find an access not in conformance with these rules if:
(1) The access was not authorized in accordance with §
									70:09:01:02;
(2) The permittee did not notify the department of changes in traffic characteristics in accordance with §
									70:09:03:03;
(3) The access is used in violation of the permit; or
(4) The property served by the access has been platted without the approval of the department.
If such a finding, the department may order correction of the nonconformity, require the permittee to submit a new access application, or suspend or revoke the access permit and order the closure and removal of the access.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:03 - Access permits › Section 70:09:03:05 - Permittee is responsible for certain costs

Current through Register Vol. 51, page 10, July 15, 2024
The permittee is responsible for the costs of construction, maintenance, and removal (if necessary) of the access. The permittee is also responsible for any risk and liability for any accident and damage that may occur to a person or property from the work performed under an access permit. The department may bring action to recover any cost incurred to correct any deficiency, as specified in §
									70:09:03:08. The permittee is also responsible for the cost of designing and constructing any turn lane, traffic signal, and other roadway improvement recommended in a traffic impact study as necessary to mitigate any impact of development. The department may participate in funding any improvements at any local street intersection. Any improvement must be approved by the department and comply with department design standards.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:03 - Access permits › Section 70:09:03:06 - Notification of construction work and time period to complete construction

Current through Register Vol. 51, page 10, July 15, 2024
The permittee shall notify the department at least two working days prior to any construction within state highway right-of-way. Construction of the access may not proceed until the access permit is issued. The access shall be completed in an expeditious and safe manner and shall be finished within the time stated in the permit, not to exceed 45 days, from initiation of construction within the highway right-of-way. One construction time extension may be requested from the area engineer to accommodate any unforeseen construction delay. The area engineer shall determine the length of the construction time extension. The applicant shall notify the area engineer at least two days prior to substantial completion of the access construction.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:03 - Access permits › Section 70:09:03:07 - Inspection of access construction

Current through Register Vol. 51, page 10, July 15, 2024
The department shall inspect the access to verify that all terms and conditions of the permit are met.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:03 - Access permits › Section 70:09:03:08 - Permittee is responsible for maintenance of the access

Current through Register Vol. 51, page 10, July 15, 2024
The permittee is responsible for the repair and maintenance of the access beyond the edge of the roadway including:
(1) Surfacing;
(2) Curb and gutter;
(3) Cattle guard and gate;
(4) Vegetation control;
(5) Removal or clearance of snow or ice upon the access even though deposited on the access in the course of department snow removal operations;
(6) Repair and replacement of any access-related culverts of 36-inch diameter or smaller within the right-of-way in unincorporated areas;
(7) Obtaining department approval for all culvert repairs, drainage repairs, resurfacing, and changes in access design or configuration; and
(8) Any other maintenance required for continued safe and satisfactory operation of the access point.
General Authority:
SDCL  11-3-12.2.
Law Implemented:
SDCL  11-3-12.2.