reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:03 - Oversize, Overweight Vehicles › Chapter 70:03:02 - Permit fees for movement of oversize vehicles, Repealed

Current through Register Vol. 51, page 10, July 15, 2024
Code Commission Note:
Rules establishing permit fees for movement of oversize vehicles were originally adopted by the Department of Public Safety as article 61:17, 10 SDR 21, effective September 14, 1983. The Department of Public Safety was abolished and its functions transferred to the Department of Commerce and Regulation by SL 1984, ch 343, §§ 17 and 18. The rules were transferred to the Department of Revenue and renumbered as article 64:31, 12 SDR 111, effective January 12, 1986. They were subsequently transferred to the Department of Transportation and placed in chapter 70:01:04, SL 1986, ch 264, effective July 1, 1986. The Code Commission renumbered Department of Transportation rules effective November 1, 1986, in connection with the sunset of department rules and placed the permit fees in chapter 70:03:02. The Department of Transportation completely revised the permit fee structure and placed the fees directly in the permit rules in chapter 70:03:01, resulting in the repeal of this chapter, 13 SDR 179, effective June 1, 1987.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:01 - Interstate traffic-generating signs › Section 70:04:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Commission," the South Dakota Transportation Commission;
(2) "Facility" or "traffic-generating facility," an airport, higher education institution, military base, arena, auditorium, convention hall, Missouri River dam, fairground, national historical site, national park, nature area, recreation area, zoo, stadium, state park, highway patrol district office, pari-mutuel race track, fish hatchery, tribal headquarters, Indian reservation, state government cultural heritage complex, state historic site, cultural or religious site, museum, or geographical significant site reference center whose location accounts for traffic on the interstate highway system;
(3) "Secretary," the secretary of the South Dakota Department of Transportation;
(4) "Sign," a supplemental guide sign;
(5) "Standard sign," a sign which is used in the uniform marking of the state highway system; and
(6) "Supplemental guide sign," a sign, in addition to standard signs, erected on the interstate right-of-way to provide guidance for the motorist to a traffic-generating facility.
General Authority:
SDCL  31-28-10.1.
Law Implemented:
SDCL  31-28-10.1 to  31-28-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:01 - Interstate traffic-generating signs › Section 70:04:01:02 - Erection and maintenance of signs

Current through Register Vol. 51, page 10, July 15, 2024
The department shall control the erection and maintenance of signs.
General Authority:
SDCL  31-28-10.1.
Law Implemented:
SDCL  31-28-10.1 to  31-28-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:01 - Interstate traffic-generating signs › Section 70:04:01:03 - Location and spacing of signs

Current through Register Vol. 51, page 10, July 15, 2024
The following are the criteria for the location and spacing of signs:
(1) A sign shall be located approximately midway between the exit sign and the advance guide sign, with at least 800 feet of space between the sign and the exit sign;
(2) The installation of a sign shall not interfere or conflict with the overall signing scheme at a particular interchange;
(3) Signs shall not be installed in advance of interstate-to-interstate interchanges;
(4) Only one sign may be installed on each interchange approach;
(5) A sign shall be located on the nearest interstate in advance of the interchanging minor road that provides the most direct or best route to the facility;
(6) A sign may be located along a second interstate when the criterion for a specific facility is exceeded by at least 50 percent and the facility is within two-thirds of the specified distance for the nearer interstate and within the specified distance for the farther interstate;
(7) A sign for a facility shall not be installed if a motorist has to travel on an interchanging minor road beyond a second interstate;
(8) Information concerning no more than two facilities may be displayed on a sign. When there are more than two qualifying facilities, the names of the two which exceed their specific criterion by the greatest percentage shall be displayed;
(9) One sign may be installed on a support; and
(10) Signs shall not be displayed until signing has been installed at ramp terminuses, along the interchanging minor road, and along other roads as necessary to direct the motorist from the interstate to the facility.
General Authority:
SDCL  31-28-10.1.
Law Implemented:
SDCL  31-28-10.1 to  31-28-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:01 - Interstate traffic-generating signs › Section 70:04:01:04 - Information on sign

Current through Register Vol. 51, page 10, July 15, 2024
The following are the criteria for information on a sign:
(1) A sign shall display information which is not displayed on a standard interchange sign; and
(2) A sign may list no more than two facilities followed by the interchange number or if the interchanges are not numbered by "NEXT RIGHT" or "SECOND RIGHT," or both. See figure 1 of appendix.
General Authority:
SDCL  31-28-10.1.
Law Implemented:
SDCL  31-28-10.1 to  31-28-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:01 - Interstate traffic-generating signs › Section 70:04:01:06 - Application for signs

Current through Register Vol. 51, page 10, July 15, 2024
Applications for signs must be made in writing to the secretary, and the commission shall approve or disapprove applications.
General Authority:
SDCL  31-28-10.1.
Law Implemented:
SDCL  31-28-10.1 to  31-28-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:01 - Interstate traffic-generating signs › Appendix A - Informational sign

Current through Register Vol. 51, page 10, July 15, 2024
APPENDIX A
INFORMATIONAL SIGN
EXIT 332
Dakota
Wesleyan
University
Figure No. 1
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:02 - Construction, erection, and maintenance of panels and supplemental panels

Current through Register Vol. 51, page 10, July 15, 2024
The department shall control the construction, erection, and maintenance of panels and supplemental panels which must be of breakaway design when erected within 31 feet of the nearest edge of the driving surface. Panels and supplemental panels shall be erected by the department as early as prevalent conditions and arrangements can be effected.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:03 - Location of panels - Exception

Current through Register Vol. 51, page 10, July 15, 2024
Panels may be located at all intersections and interchanges outside of urban areas on the interstate or other controlled access primary highways. They may be located within urban areas when they are necessary to direct traffic to an eligible service for motorists. They shall be located in the direction of travel in the following order: attractions, camping, lodging, food, and gas. Panels may not be located at intersections or interchanges where there is not a convenient reentry or where a driving hazard exists.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:06 - Composition of panels

Current through Register Vol. 51, page 10, July 15, 2024
The criteria for composition of panels are as follows:
(1) The panel must have a blue reflectorized background with a white reflectorized legend and border;
(2) The panel must be large enough to incorporate the individual business signs;
(3) At interchanges the legend must be in capital letters and numerals 10 inches high. The type of service for motorists followed by the exit number must be displayed in one line above the business signs;
(4) At unnumbered interchanges, the directional legend NEXT RIGHT or NEXT LEFT or the directional legend SECOND RIGHT or SECOND LEFT must be substituted for the exit number;
(5) If two exits are to be signed, the panel must consist of two sections, with the top section to be used for the first exit and the bottom section for the second exit. The name of the type of service for motorists followed by the exit number must be displayed in a line above the business signs in each section;
(6) At intersections the legend must have capital letters and numerals 6 inches high. The type of service for motorists must be displayed above the business signs with a legend consisting of a directional arrow and the distance to the nearest one-tenth mile to the available service; and
(7) The vertical spacing between business signs on panels may not exceed 8 inches. Horizontal spacing may not exceed 12 inches.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:08 - Composition of supplemental panels

Current through Register Vol. 51, page 10, July 15, 2024
The criteria for the composition of supplemental panels are as follows:
(1) Supplemental panels shall have a blue reflectorized background with a white reflectorized legend and border;
(2) The legend shall be in capital letters and numerals six inches high;
(3) Directional arrows and the distance to the nearest one-tenth mile to the service for motorists shall be displayed on the supplemental panel; and
(4) The supplemental panels shall be large enough to incorporate the maximum number of business signs allowed.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:09 - Order of location of supplemental panels

Current through Register Vol. 51, page 10, July 15, 2024
All supplemental panels shall be located in the direction of travel in the following order: attractions, camping, lodging, food, and gas.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:10 - Location of qualifying business

Current through Register Vol. 51, page 10, July 15, 2024
To qualify for a business sign, a service for motorists must be located within a three-mile radius measured from an intersection or interchange. If services of the type being considered are not available within the three-mile limit, the limit may be extended up to 15 miles, in increments of three miles. A qualifying business is limited to signage only at the closest interchange or intersection to that business.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:11 - Number of panels allowed

Current through Register Vol. 51, page 10, July 15, 2024
The number of panels along an approach to an interchange or intersection shall be no more than four. Only one panel for gas, food, lodging, camping, or attraction is allowed.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:12 - Number of supplemental panels allowed

Current through Register Vol. 51, page 10, July 15, 2024
The number of supplemental panels along an approach to an interchange shall be no more than four. Only one supplemental panel for gas, food, lodging, camping, or attraction may be located along an exit ramp.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:12.01 - Order of priority of panel types

Current through Register Vol. 51, page 10, July 15, 2024
If the number of service for motorist types exceeds the number of panels and supplemental panels allowed, priority shall be given to the services in the following order: gas, food, lodging, camping, and attractions.
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 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:13 - Number of business signs on panels

Current through Register Vol. 51, page 10, July 15, 2024
No more than six business signs are allowed on gas, food, lodging, camping, and attraction panels at intersections and interchanges
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:14 - Number of business signs on supplemental panels

Current through Register Vol. 51, page 10, July 15, 2024
No more than six business signs for gas, food, lodging, camping, and attractions are allowed on each supplemental panel.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:15 - Combination of business signs on panel or supplemental panel

Current through Register Vol. 51, page 10, July 15, 2024
The criteria for the combination of a maximum of six business signs on a panel or supplemental panel are as follows:
(1) A panel or supplemental panel may include any combination of two types of services for motorists. However, a third type of service may be added to any panel or supplemental panel if the panel, prior to the addition of the third service type, contains four or less business signs and no more than two business signs for each service ;
(2) A maximum of four signs for each service for motorists available may be displayed in combination on a panel;
(3) The name of each type of service must be displayed on one line above its respective sign; and
(4) On panels the exit number, the directional legend NEXT RIGHT or NEXT LEFT, or the directional legend SECOND RIGHT or SECOND LEFT must be displayed above the names of the types of services displayed.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:17 - Minimum eligibility requirements for services for motorists

Current through Register Vol. 51, page 10, July 15, 2024
The minimum eligibility requirements for services for motorists are as follows:
(1) The services must have all licenses or permits required by state or local units of government at the time application is made for a business sign for a service for motorists permit;
(2) The services must be open for business at least five days a week for four consecutive months;
(3) The services must have parking accommodations to adequately meet the need of the business;
(4) Gasoline services, in addition to subdivisions (1), (2), and (3) of this section, must have fuel, rest rooms, and must be available and be in continuous operation at least 16 hours a day;
(5) Food services, in addition to subdivisions (1), (2), and (3) of this section, must be in continuous operation to provide two meals a day; and
(6) Camping services, in addition to subdivisions (1), (2), and (3) of this section, must have potable water and modern sanitary facilities;
(7) Attraction services, in addition to subdivisions (1), (2), and (3) of this section, must have drinking water and modern sanitary facilities, and adequate parking accommodations.
Amusement, cultural and historical attraction services must be open to all age groups.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:18 - Application procedure for business sign permit

Current through Register Vol. 51, page 10, July 15, 2024
The application procedure for a business sign permit for services for motorists on a panel and supplemental panel is as follows:
(1) Application shall be made to the department on forms furnished by the department;
(2) Applications for business signs at interchanges must be for both a panel and supplemental panel;
(3) All applications shall be accompanied by a $50 fee for each business sign requested. There is no application fee for a trailblazing sign;
(4) The application fee is refundable if the application is not approved;
(5) If the number of applications exceeds the number of business signs that can be installed at an interchange or intersection, the department shall give priority to the applicant whose service is nearest the ramp terminus or intersection by the most accessible route. To accomplish the priority, an existing permit may be canceled pursuant to §
									70:04:02:19, but the permit shall stay in effect until the day preceding the anniversary date of notification that the business sign can be installed; and
(6) Within 30 days after receipt of an application, the department shall notify an applicant whether or not the application has been approved.
General Authority:
SDCL  31-29-80.1,  31-29-80.2.
Law Implemented:
SDCL  31-29-63(6),  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 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:19 - Annual rental fees

Current through Register Vol. 51, page 10, July 15, 2024
The annual rental fee is $155 for each business sign on a panel at an interchange, at an intersection, on a supplemental panel, and for any trailblazing sign located on a state highway.
All rental fees shall be paid within 60 days after the date of notification that the business sign can be installed or the permit will be revoked.
A permit shall be renewed each year on the anniversary date of notification that the business sign can be installed unless the permit is canceled in writing by the department or the permittee 30 days before the renewal date. Any cancellation by the department shall be based on subdivision 70:04:02:18(5). If the rental fee is not received 30 days before the date of renewal of a permit, the department shall revoke the permit and remove the sign.
Rental fees are not refundable.
General Authority:
SDCL  31-29-80.1,  31-29-80.2.
Law Implemented:
SDCL  31-29-63(6),  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 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:20 - Furnishing, repairing, and installation of business signs

Current through Register Vol. 51, page 10, July 15, 2024
Business signs shall be furnished, repaired, and installed as follows:
(1) A permittee shall furnish and repair signs and the department shall install and remove signs on interstate and state highways;
(2) Original signs shall be delivered by the permittee to the point designated in a permit within 60 days after the date of notification that the business sign can be installed. Failure to deliver is cause for the revocation of a permit. The department shall install signs within 10 days after delivery;
(3) The department shall install repaired or replaced signs within 10 days after delivery;
(4) The department is not responsible for damaged signs;
(5) A sign shall be removed for repair or replacement within 10 days after notification by the permittee and shall be delivered by the department to the point designated in the permit; and
(6) The department may, at any time, remove a sign and return it to the permittee if it is damaged or in need of repair or maintenance.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:21 - Masking or removal of business signs

Current through Register Vol. 51, page 10, July 15, 2024
Business signs shall be masked or removed as follows:
(1) Any service for motorists that plans to temporarily suspend its operation to a service level less than that prescribed by §
									70:04:02:17  for a period of more than 10 days, or to discontinue its operation permanently, shall notify the department at least 48 hours before it suspends or discontinues operation. The department shall mask or remove the signs during the period of suspension. The signs shall be returned by the department to the service for motorists if its operation is discontinued; and
(2) The permit of any service for motorists shall be revoked if the permittee fails to notify the department of its suspension of operation.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:22 - Causes for revocation of permit - Penalty

Current through Register Vol. 51, page 10, July 15, 2024
Causes for revocation of a permit by the department are as follows:
(1) The permittee does not conform to all federal, state, and local laws, ordinances, and regulations governing the permittee's service for motorists; and
(2) The permittee discriminates against any employee or customer in regard to race, religion, color, sex, or national origin.
The permittee may not apply for a permit for up to one year if the department revokes the permit for any violation of this chapter.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-63(6),  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:23 - Trailblazing signs

Current through Register Vol. 51, page 10, July 15, 2024
A trailblazing sign shall be installed if the route to the business requires a direction change, or if there is a question as to which roadway to follow or if additional guidance is needed. A trailblazing sign is not allowed on a state highway if:
(1) The business is visible from the roadway and the business's access is readily apparent;
(2) If a business is eligible for a tourist-oriented directional sign in accordance with ARSD chapter 70:04:07;
(3) The business is currently signed with an on-right-of-way or off-right-of-way directional sign; or
(4) The trailblazing sign is not constructed and installed in accordance with the 2009 edition of the Manual on Uniform Traffic Control Devices.
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 70:04:02 - Informational, directional signs - On right-of-way › Section 70:04:02:24 - Furnishing, repairing, and installation of trailblazing business signs

Current through Register Vol. 51, page 10, July 15, 2024
Each trailblazing sign shall be furnished, repaired, and installed as follows:
(1) A permittee shall furnish and repair each trailblazing sign, and the department shall install and remove each sign on state highways;
(2) If a trailblazing sign is required on a roadway that is not under the jurisdiction of the department, the permittee shall be responsible for furnishing written approval from the appropriate highway authority allowing the sign to be placed in that authority's right-of-way. In addition, the permittee shall arrange to have the trailblazing sign installed by that authority prior to any business sign being installed at the interchange, intersection, or ramp;
(3) A trailblazing sign to be installed on a state highway shall be delivered by the permittee to the point designated in the permit within 60 days after the date of notification that the trailblazing sign can be installed. Failure to timely deliver is cause for revocation of the permit. The department shall install signs within 10 days after delivery;
(4) On any state highway the department shall install a repaired or replaced trailblazing sign within 10 days after delivery;
(5) The department is not responsible for any damaged trailblazing sign;
(6) On any state highway the department shall remove a trailblazing sign for repair or replacement within 10 days after notification by the permittee, and deliver it to the point designated in the permit; and
(7) The department may remove a trailblazing sign and return it to the permittee if it is damaged or in need of repair or replacement.
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 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL  31-29-62 have the same meaning when used in this chapter. In addition, words used in this chapter have the following meaning:
(1) "Commission," the South Dakota Transportation Commission;
(2) "Directional signs," signs giving directions to public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned natural phenomena; historic, cultural, scientific, educational, or religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation of interest to the traveling public;
(3) "Erect," to make or install a sign, using any method;
(4) "Federal or state law," a federal or state constitutional provision or statute or an ordinance, rule, or regulation enacted or adopted by a state or federal agency or a unit of local government pursuant to a federal or state constitutional provision or statute;
(5) "Main-traveled way," the through traffic lanes of the highway, exclusive of frontage roads, auxiliary lanes, and ramps;
(6) "Official signs and notices," signs and notices erected and maintained by public officers or public agencies, within their territorial or zoning jurisdiction, including historical markers authorized by state law and erected by state or local government agencies, nonprofit historical agencies, or nonprofit historical societies;
(7) "Parkland," any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge, or historic site;
(8) "Public service message," a noncommercial message referring to events or slogans of general interest to the traveling public;
(9) "Public service sign," a sign located on a school bus stop shelter;
(10) "Secretary," the secretary of the South Dakota Department of Transportation;
(11) "Service club, organization, and religious notices," signs and notices relating to the meetings of nonprofit service clubs, organizations, charitable associations, or to religious services;
(12) "Site," the location of an activity or attraction of interest to the traveling public; and
(13) "Visible," capable of being seen, whether the contents are legible or not, without visual aid by a person with normal visual acuity.
General Authority:
SDCL  31-29-80.3,  31-29-80.4.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3,  31-29-80.4.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:02 - Erection and maintenance of directional and official signs

Current through Register Vol. 51, page 10, July 15, 2024
In urban areas the department may allow the erection and maintenance of directional and official signs and notices which are visible from the main-traveled way within 660 feet of the right-of-way. Outside urban areas the department may allow the erection of such signs both within and beyond 660 feet of the right-of-way.
General Authority:
SDCL  31-29-80.3,  31-29-80.4.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3,  31-29-80.4.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:03 - Types of directional signs prohibited

Current through Register Vol. 51, page 10, July 15, 2024
The following types of directional signs are prohibited:
(1) Signs advertising any unlawful activity;
(2) Signs which obscure official traffic signs, signals, or devices or which interfere with a driver's view of approaching, merging, or intersecting traffic;
(3) Signs which are erected or maintained upon trees or which are painted or drawn upon rocks or other natural features;
(4) Signs whose directional or informational message refers to sites no longer in existence or which do not meet the eligibility criteria;
(5) Signs which are structurally unsafe or in disrepair;
(6) Signs which move or have any animated or moving parts; and
(7) Signs located in rest areas, parklands, or scenic areas.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:04 - Size of directional signs

Current through Register Vol. 51, page 10, July 15, 2024
The maximum size of directional signs, including border and trim but not supports, is as follows:
(1) Area, 150 square feet;
(2) Height, 20 feet; and
(3) Length, 20 feet.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:05 - Prohibited methods of lighting of directional signs

Current through Register Vol. 51, page 10, July 15, 2024
The following methods of lighting directional signs are prohibited:
(1) Flashing, intermittent, or moving light;
(2) Lighting which allows rays of light to be directed at any portion of the main-traveled way;
(3) Lighting of such intensity or brilliance as to cause glare or impair the vision of the driver of any motor vehicle; and
(4) Lighting which interferes with the effectiveness of or obscures an official traffic sign, device, or signal.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:06 - Location and spacing of directional signs

Current through Register Vol. 51, page 10, July 15, 2024
Directional signs must be located and spaced as follows:
(1) Signs must be located a minimum of 2,000 feet from an interchange or intersection at-grade along the interstate system and a minimum of 1,000 feet from an interchange or intersection at-grade along the primary system, measured from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way;
(2) Signs must be located a minimum of 2,000 feet from rest areas, parklands, or scenic areas, measured from the boundary line at its intersection with the right-of-way line;
(3) Two directional signs facing the same direction of travel must be located a minimum of one mile apart;
(4) A maximum of three directional signs pertaining to the same site and facing the same direction of travel may be located along a single route approaching the site;
(5) Signs located adjacent to the interstate system must be within 75 air miles of the site; and
(6) Signs located adjacent to the primary system must be within 50 air miles of the site.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:07 - Messages on directional signs - Limitations

Current through Register Vol. 51, page 10, July 15, 2024
The message on directional signs is limited to the name of the site and to the mileage, route numbers, and exit numbers.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:08 - Eligibility criteria for historical sites

Current through Register Vol. 51, page 10, July 15, 2024
The eligibility criteria for directional signing of historical sites are as follows:
(1) Sites must be regionally or nationally known and listed in the South Dakota or National Registry of Historic Places and if so listed must meet the criteria in this section for being regionally known;
(2) To qualify as being regionally known, sites must be known either east or west of the Missouri River within South Dakota and in any state contiguous to either the east or west Missouri River regions;
(3) The dominant attraction at sites must be for the edification and enjoyment of the traveling public and not tourist-oriented roadside businesses; and
(4) Sites or structures, objects, or properties on the sites must be significant to American history, architecture, archaeology, or culture.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:09 - Eligibility criteria for educational or cultural sites

Current through Register Vol. 51, page 10, July 15, 2024
The eligibility criteria for directional signing of educational or cultural sites are the same as subdivisions 70:04:03:08(1), (2), and (3), except the sites need not be listed in the South Dakota or National Registry of Historic Places. In addition, the sites must comply with one of the following:
(1) Be sites where intellectual faculties are developed;
(2) Be sites where characteristic features of a particular stage in the advancement of civilization took place;
(3) Be sites where the advancement of education is forwarded;
(4) Be sites where an event is portrayed or developed by a stage representation; or
(5) Be sites that contain a structure which is significant in the field of education, which has architectural value, or which is the surviving structure most importantly associated with a historically significant person or event.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:10 - Eligibility criteria for scientific sites

Current through Register Vol. 51, page 10, July 15, 2024
The eligibility criteria for directional signing of scientific sites are the same as subdivisions 70:04:03:08(1), (2), and (3), except the sites need not be listed in the South Dakota or National Registry of Historic Places. In addition, scientific sites must be sites or institutions for the systematic study of scientific principals where the formulation and testing of hypotheses take place.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:11 - Eligibility criteria for religious sites

Current through Register Vol. 51, page 10, July 15, 2024
The eligibility criteria for directional signing of religious sites are the same as subdivisions 70:04:03:08(1), (2), and (3), except the sites need not be listed in the South Dakota or National Registry of Historic Places. In addition, religious sites must comply with one of the following:
(1) Be sites related to religious activities pertaining to customs of a particular culture, such as Indian sacred land; or
(2) Be sites where religious activity or historical or cultural significance took place, but the site is not currently used for worship.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:12 - Eligibility criteria for scenic sites or sites of natural phenomena

Current through Register Vol. 51, page 10, July 15, 2024
The eligibility criteria for directional signing of scenic sites or natural phenomena are the same as subdivisions 70:04:03:08(1), (2), and (3), except the sites or phenomena need not be listed in the South Dakota or National Registry of Historic Places. In addition, the sites or phenomena must comply with one of the following:
(1) Be of natural scenic beauty or of historical significance as determined by federal, state, or local officials having jurisdiction over them;
(2) Represent graphically an action, event, or episode; or
(3) Be created by nature as distinguished from man-made sites, such as caves, unusual rock formations, and waterfalls.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:13 - Eligibility criteria for outdoor recreational sites

Current through Register Vol. 51, page 10, July 15, 2024
The eligibility criteria for directional signing of outdoor recreational sites are the same as subdivisions 70:04:03:08(1), (2), and (3), except the sites need not be listed in the South Dakota or National Registry of Historic Places. In addition, the sites must comply with the following:
(1) Sites must have a minimum of five acres, 50 percent of which must be unoccupied open space accessible to the public;
(2) Sites must have an indoor warming area or picnic areas with tables, benches, and litter barrels;
(3) Sites must have potable water and sanitary facilities;
(4) Sites must have a maintenance staff adequate to keep facilities in a clean and sanitary condition;
(5) Sites must have one or more of the following: public boat landing, supervised swimming area, suitable and readily accessible lake or stream open to public fishing, campground, golf course or driving range, tennis courts, winter sports activity areas, and playgrounds; and
(6) Sites must have direct access to and from an all-weather and all-purpose highway.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:14 - Eligibility criteria for public service signs

Current through Register Vol. 51, page 10, July 15, 2024
The eligibility criteria for directional public service signs are as follows:
(1) The signs must identify the donor;
(2) The signs must contain public service messages, which must occupy not less than 50 percent of the area of the sign;
(3) The signs must contain no other message;
(4) The signs may not exceed 32 square feet; and
(5) Only one sign on each school bus stop shelter may face in any one direction.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:15 - Eligibility criteria for utility company signs

Current through Register Vol. 51, page 10, July 15, 2024
Utility companies, both public and private, may erect and maintain those informational warning signs which are necessary for the protection of the public and safe operation of the facility. The signs may contain no message promoting or otherwise advertising the utility company.
General Authority:
SDCL  31-29-80.3,  31-29-80.4.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3,  31-29-80.4.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:16 - Eligibility criteria for organizations, nonprofit service clubs, and religious notices

Current through Register Vol. 51, page 10, July 15, 2024
The following are the criteria for erection and maintenance of signs for organizations, nonprofit service clubs, and religious notices:
(1) Notices may not exceed eight square feet;
(2) Messages are limited to the name and the meeting time and place of an organization, service club, or religious service;
(3) Service clubs may advertise free coffee for the traveling public and a donation may be accepted but may not be required;
(4) Notices must be located a minimum of 300 feet from the intersection or interchange leading to the activity;
(5) Notices must be a minimum of 300 feet from any other sign; and
(6) Only one notice may face each direction of travel.
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:17 - Eligibility criteria for official signs and notices

Current through Register Vol. 51, page 10, July 15, 2024
Public officers or public agencies may erect and maintain official signs and notices on territory within their jurisdiction pursuant to authority contained in federal, state, or local law for the purpose of carrying out an official duty or responsibility. Official signs and notices must meet the criteria in §
									70:04:03:04  and subdivisions 70:04:03:16(4), (5), and (6).
General Authority:
SDCL  31-29-80.3.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:03 - Signs and notices - Off right-of-way › Section 70:04:03:18 - Application for directional signs

Current through Register Vol. 51, page 10, July 15, 2024
A person shall apply for a directional sign to the department on forms provided by the department. Within 30 days after receipt of an application, the department must notify an applicant whether the application has been approved or denied.
General Authority:
SDCL  31-29-80.3,  31-29-80.4.
Law Implemented:
SDCL  31-29-63(1),  31-29-80.3,  31-29-80.4.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:04 - Junkyards › Section 70:04:04:01 - Unzoned industrial areas defined

Current through Register Vol. 51, page 10, July 15, 2024
The term "unzoned industrial area" means the land occupied by a regularly used building, parking lot, or storage or processing area of an industrial activity and that land within 1,000 feet which meets the following requirements:
(1) Is located on the same side of the highway as the principal part of the activity;
(2) Is not predominantly used for residential or commercial purposes; and
(3) Is not zoned by state or local law, regulation, or ordinance.
General Authority:
SDCL  31-30-3.
Law Implemented:
SDCL  31-30-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:04 - Junkyards › Section 70:04:04:02 - Industrial activities defined

Current through Register Vol. 51, page 10, July 15, 2024
The term "industrial activities" means those permitted only in industrial zones, or in less restrictive zones, by the nearest zoning authority within the state, or those prohibited by the authority but generally recognized as industrial by other zoning authorities within the state. None of the following are considered industrial activities:
(1) Outdoor advertising structures;
(2) Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands;
(3) Activities normally and regularly in operation less than three months of the year;
(4) Transient or temporary activities;
(5) Activities not visible from the traffic lanes of the main traveled way;
(6) Activities more than 300 feet from the nearest edge of the main traveled way;
(7) Activities conducted in a building principally used as a residence;
(8) Railroad tracks, minor sidings, and passenger depots; and
(9) Junkyards, as defined in 23 U.S.C. 136 (July 1, 1974).
General Authority:
SDCL  31-30-3.
Law Implemented:
SDCL  31-30-3.