reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:09 - Access management › Chapter 70:09:03 - Access permits › Section 70:09:03:09 - Department role in access maintenance

Current through Register Vol. 51, page 10, July 15, 2024
The department may not maintain any access permitted under this chapter unless:
(1) The department determines that modification of the access point is necessary to meet adjacent highway reconstruction;
(2) The department performs similar type maintenance on the highway at the access;
(3) The maintenance of a new approach is required for construction under SDCL  31-24-1 and  31-24-2;
(4) The maintenance consists of culvert cleaning in an unincorporated area; or
(5) The maintenance consists of repair and replacement of culverts larger than 36" diameter in an unincorporated area.
If the permittee fails to maintain an access point, the department, upon notice to the permittee, may correct any maintenance deficiency at cost 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 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:01 - 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) "Commission," the South Dakota Transportation Commission;
(3) "Department," the South Dakota Department of Transportation;
(4) "Permittee," an owner of utility lines or facilities possessing a utility corridor permit approved by the department;
(5) "Utility corridor," a real property easement or fee interest that the department has acquired for the purpose of providing a suitable location for the relocation of any utility line or facility displaced as a result of a highway construction project.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:02 - Permits required

Current through Register Vol. 51, page 10, July 15, 2024
No person may construct any utility line or facility within any utility corridor without a utility corridor permit issued by the department. The utility owner shall remove and pay for removal of any utility line or facility installed without a valid permit. Each utility corridor permit shall be issued in compliance with this chapter.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:03 - Applications shall be submitted to the department

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall submit an application for a utility corridor permit to the department.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:04 - Deadline for submission of applications

Current through Register Vol. 51, page 10, July 15, 2024
The department shall set deadlines for submission of utility corridor permit applications for each of the three categories of utilities identified in §
									70:10:01:07. The department shall send written notification of the deadlines, at least thirty days prior to the expiration of the deadlines, to any utility that meets the requirements of subdivisions 70:10:01:07(1) and (2).
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:05 - Contents of application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall submit a utility corridor permit application on a form approved by the department. The application shall include the following:
(1) The name and address of the applicant;
(2) The description of the location of the utility corridor where the utility line or facility will be relocated or installed;
(3) The type of utility installation requested;
(4) Whether the utility line or facility has been displaced as a result of a highway construction project and, if so, the project that caused the displacement and the location of the utility line or facility prior to the displacement;
(5) The name and address of the person to whom any notice required by these rules shall be given;
(6) A proposed utility corridor installation plan or design;
(7) Proof of liability insurance which is adequate for the liabilities presented; and
(8) The signature of the applicant.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:06 - Completed application

Current through Register Vol. 51, page 10, July 15, 2024
An application is complete when the department has received all information and documents by the deadline set pursuant to §
									70:09:01:04.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:07 - Priority for consideration of application approval

Current through Register Vol. 51, page 10, July 15, 2024
In determining whether to grant or deny a permit application, the department shall consider applications in the following order:
(1) From any utility whose facilities are not located over, under, or along any public ground, street, alley, or highway under the jurisdiction of the department but are displaced as a result of a highway construction project;
(2) From any utility whose facilities are located over, under, or along any public ground, street, alley, or highway under the jurisdiction of the department, and are displaced as a result of a highway construction project; and
(3) From any other utility.
The department shall approve or deny all timely applications submitted by utilities that satisfy the requirements of subdivision (1) prior to considering any applications from utilities that meet the requirements of subdivision (2). The department shall approve or deny all timely applications submitted by utilities that satisfy the requirements of subdivision (2) prior to considering any applications that meet the requirements of subdivision (3).
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:08 - Criteria for application approval

Current through Register Vol. 51, page 10, July 15, 2024
In determining whether to grant or deny a permit application, the department may consider the size and location of the utility corridor, the availability of other locations for utility relocation or installation, the nature and extent of the proposed occupancy of the corridor, the ability to accommodate other utilities, and the effect on other permittees.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:09 - Process for application approval

Current through Register Vol. 51, page 10, July 15, 2024
Prior to approving a permit, the department shall send a copy of the complete permit application to all other permittees of the utility corridor. The department shall accept written comments concerning the approval or denial of the permit application for thirty days thereafter.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:10 - Unreasonable interference prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No permit may be granted unless the department has determined that doing so will not unreasonably interfere with any current permittee's authorized use of the corridor.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:11 - 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 or continuation. The stipulations shall indicate any improvement or operating condition necessary to protect public health, safety, and welfare, and may include reference to applicable construction and property maintenance standards.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:12 - Appeals

Current through Register Vol. 51, page 10, July 15, 2024
Any person aggrieved by a decision of the department on a utility corridor permit application may appeal in writing to the commission within 20 days after the date of the decision. Within 30 days after receipt of the appeal, the commission 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 applicant and any other permittee of the corridor 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  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:01 - Application and process › Section 70:10:01:13 - Relocation costs

Current through Register Vol. 51, page 10, July 15, 2024
If, due to highway construction, it becomes necessary to relocate all or part of a utility facility from the utility corridor, the department shall only be responsible for the actual, reasonable, and necessary costs of relocating those facilities which qualified for first consideration for placement in the corridor pursuant to subdivision 70:10:01:07(1).
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:02 - Utility corridor permits › Section 70:10:02:01 - Permit expiration and extension

Current through Register Vol. 51, page 10, July 15, 2024
A utility corridor permit is expired if the utility line or facility has not been installed 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 complete installation within one year after the permit issue date. Only one extension may be granted. Any request for an extension shall 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 permit. Any extension approval shall be in writing. Any person wishing to reestablish a permit that has expired shall submit a new permit application.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:02 - Utility corridor permits › Section 70:10:02:02 - Nonconforming use of utility corridor

Current through Register Vol. 51, page 10, July 15, 2024
The department may find use of a utility corridor to be out of conformance with these rules if:
(1) The use of the utility corridor was not authorized in accordance with §
									70:10:01:02;
(2) The permittee did not comply with stipulations attached to the permit in accordance with §
									70:10:01:10; or
(3) The permittee has not maintained adequate liability coverage.
If such a finding is made, the department may order correction of the nonconformity, require the permittee to submit a new utility corridor application, or suspend or revoke the permit and order the removal of the utility line or facility. The permittee shall be responsible for all costs of the removal.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:02 - Utility corridor permits › Section 70:10:02:03 - Notification of installation and time period to complete construction

Current through Register Vol. 51, page 10, July 15, 2024
The permittee shall notify the department at least ten working days prior to any construction within the utility corridor. Installation of the utility line or facility may not proceed until the utility corridor permit is issued. The installation of the utility line or facility shall be completed in an expeditious and safe manner and shall be finished within the time stated in the permit. The applicant shall notify the area engineer at least two days prior to substantial completion of the utility installation.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:10 - Utility corridor management › Chapter 70:10:02 - Utility corridor permits › Section 70:10:02:04 - Inspection of installation

Current through Register Vol. 51, page 10, July 15, 2024
The department may inspect the installation at any time to verify that all terms and conditions of the permit are met.
General Authority:
SDCL  31-19-1.1.
Law Implemented:
SDCL  31-19-1.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:01 - Application and permit process › Section 70:11:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The following terms used in this chapter, chapter 70:11:02, and chapter 70:11:03 mean:
(1) "Department," the South Dakota Department of Transportation;
(2) "Device" or "vending device," a commercially manufactured newspaper vending machine vending newspapers only;
(3) "Permit," a newspaper vending device permit issued by the department in accordance with the provisions of this article.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:01 - Application and permit process › Section 70:11:01:02 - Newspaper vending devices authorized

Current through Register Vol. 51, page 10, July 15, 2024
The department may issue a permit to allow a vending device vending newspapers only, at an interstate rest area or information center in a location designated by the department. No newspaper vending device is allowed at an interstate rest area or information center unless a permit has been issued pursuant to this chapter.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:01 - Application and permit process › Section 70:11:01:03 - Number of devices allowed

Current through Register Vol. 51, page 10, July 15, 2024
The maximum number of newspaper vending devices permitted at each interstate rest area or information center is six.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:01 - Application and permit process › Section 70:11:01:04 - Application

Current through Register Vol. 51, page 10, July 15, 2024
An application for a newspaper vending device permit is required for each vending device at each interstate rest area or information center. Each application shall be submitted to the department region engineer for review and consideration.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:01 - Application and permit process › Section 70:11:01:05 - Contents of application

Current through Register Vol. 51, page 10, July 15, 2024
Each application for a permit shall include the following information.
(1) The name and mailing address of the owner of the device, and the location of the interstate rest area or information center for which the permit is requested;
(2) The name, address, and daytime telephone number of the person responsible on a daily basis for the operation and maintenance of the device;
(3) The name of the publication being vended; and
(4) Whether the publication is daily, weekly, monthly or other publishing cycle.
No application may be considered for approval until the application meets the requirements of this section.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:01 - Application and permit process › Section 70:11:01:06 - Approval of application

Current through Register Vol. 51, page 10, July 15, 2024
The completed application shall be reviewed by the region engineer and, if all requirements are met, the region engineer shall issue a permit to the applicant within 30 days after submission.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:01 - Application and permit process › Section 70:11:01:07 - Issuance of permit

Current through Register Vol. 51, page 10, July 15, 2024
Permits will be issued on a first-come, first-served basis. A permit is valid for as long as all the conditions of this article are being complied with, or until the device is removed by the owner or by the department. However a permit terminates if the newspaper vending device is not installed within 60 days after the permit is issued. No permit may be granted for more than the maximum number of newspaper vending devices allowed at an interstate rest area or information center. Only one publication is permitted per device. No permit may be transferred.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:01 - Application and permit process › Section 70:11:01:08 - Indemnification

Current through Register Vol. 51, page 10, July 15, 2024
The owner of the newspaper vending device, upon placement of that device at an interstate rest area or information center assumes the unconditional obligation and thereby agrees to defend, indemnify, and save harmless the state of South Dakota and the South Dakota department, its officers, agents, and employees from all suits, claims, or actions of any kind or character arising out of the placement, use, or maintenance of the vending device. This indemnification provision shall be included in any permit issued in accordance with this chapter.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:02 - Operation and maintenance of newspaper vending devices › Section 70:11:02:01 - Newspaper vending devices allowed

Current through Register Vol. 51, page 10, July 15, 2024
A newspaper vending device shall be a commercially manufactured newspaper vending device in good working condition with all structural parts intact. Each device shall be maintained in an aesthetically pleasing condition free from sharp edges, broken glass, or other features that create a safety concern. Each device shall be maintained so it is reasonably free of dirt and grease; chipped, faded, peeling, and cracked paint; rust; and corrosion. No newspaper vending device may exceed five feet in height, 36 inches in width, or 30 inches in depth.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:02 - Operation and maintenance of newspaper vending devices › Section 70:11:02:02 - Location of devices

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine the location at each interstate rest area or information center where the devices may be located. The location shall be designated in the permit. No location other than that designated in the permit is allowed, except with the prior express written permission from the department. Each location shall be selected so as to not impede or interfere with the use of the interstate rest area or information center by the traveling public, yet be readily visible to and accessible by the traveling public. Each vending device shall be securely placed so as to reasonably prevent personal injury or property damage due to tilting, tipping, or overturning.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:02 - Operation and maintenance of newspaper vending devices › Section 70:11:02:03 - Identification of responsible person

Current through Register Vol. 51, page 10, July 15, 2024
The name, mailing address, and telephone number of the person identified in the application as the person responsible for refunds and for the day-to-day operation and maintenance of the newspaper vending device shall be clearly visible on each newspaper vending device. The newspaper vending device shall also display a clearly visible statement that rest area personnel are not responsible for refunds. The information displayed on the newspaper vending device shall be kept current at all times by the owner of the device.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:02 - Operation and maintenance of newspaper vending devices › Section 70:11:02:04 - Publications

Current through Register Vol. 51, page 10, July 15, 2024
Each newspaper vending device shall be filled with the current issue of the designated publication a minimum of once per publication cycle, or monthly, whichever time period is less. No unsold newspaper may be disposed of at an interstate rest area or information center or within a highway right-of-way,
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:02 - Operation and maintenance of newspaper vending devices › Section 70:11:02:05 - Department not responsible for damage

Current through Register Vol. 51, page 10, July 15, 2024
The department is not responsible for any damage caused to a newspaper vending device while located at an interstate rest area or information center, except any damage as may be caused by the sole negligence of the department, its agents, or employees.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:03 - Revocation of permit › Section 70:11:03:01 - Grounds for revocation of permit

Current through Register Vol. 51, page 10, July 15, 2024
Noncompliance with any requirement or other provision of chapters 70:11:01 or 70:11:02 authorizes the department to revoke a permit issued in accordance with §
									70:11:01:05  and to cause the removal of the newspaper vending device from the interstate rest area or information center.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:03 - Revocation of permit › Section 70:11:03:02 - Notice of revocation

Current through Register Vol. 51, page 10, July 15, 2024
Upon learning of a condition authorizing the revocation of a permit issued in accordance with §
									70:11:01:05, the department shall notify the person responsible for the day-to-day operation and maintenance of the newspaper vending device by first-class mail at the address provided to remove the device by a date certain. The department may take any action intended to alleviate the effects of a condition of noncompliance immediately, including the removal of the newspaper vending device from the interstate rest area or information center without a requirement to first provide actual notice to the responsible person. In such a case, the written notice required by this section shall include information on where the device is located and may be retrieved.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:03 - Revocation of permit › Section 70:11:03:03 - Removal of newspaper vending device

Current through Register Vol. 51, page 10, July 15, 2024
Upon notification of a condition of noncompliance as provided by §
									70:11:03:02, the owner of the newspaper vending device shall have 14 days from the date of notification to remove the newspaper vending device from the interstate rest area or information center. If the newspaper vending device has not been removed from the interstate rest area or information center within 14 days after the date of the notice required by §
									70:11:03:02, the department may remove and dispose of the device as abandoned property, without liability or payment to the owner.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:11 - Rest area newspaper vending devices › Chapter 70:11:03 - Revocation of permit › Section 70:11:03:04 - Reapplication for a permit after revocation - Revocation of all permits

Current through Register Vol. 51, page 10, July 15, 2024
No applicant whose permit has been revoked may reapply for a permit for a newspaper vending device at any interstate rest area or information center for a minimum period of 90 days following revocation. If an applicant has a permit revoked three time within a five-year period, the applicant is no longer eligible for a permit, and all permits previously issued and held by applicant are deemed revoked.
General Authority:
SDCL  31-29-83.
Law Implemented:
SDCL  31-29-83.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:01 - General provisions › Section 70:12:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "ADT," average daily traffic;
(2) "Bridge," as defined in SDCL  31-14-1, a structure, including supports, erected over a depression or an obstruction, as water, highway, or railway, the structure having a length measured along the center of the roadway of more than twenty feet between undercopings of abutments or extreme ends of openings for multiple boxes and pipes where the clear distance between openings is less than half of the smaller contiguous opening;
(3) "Commission," the South Dakota Transportation Commission;
(4) "Condition rating," an engineering analysis of the structural components of a bridge pursuant to bridge inspection guidelines;
(5) "Culvert," any structure not classified as a bridge that provides an opening under the roadway;
(6) "Department," the South Dakota Department of Transportation;
(7) "Roadway classification," the process by which streets and highways are grouped into classes or systems according to the character of traffic service, functions or purposes they are intended to provide;
(8) "Secretary," the secretary of the South Dakota Department of Transportation; and
General Authority:
SDCL  1-44-7.5.
Law Implemented:
SDCL  1-44-7.5.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:01 - Eligibility for bridge improvement grant fund

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible to receive a grant from the bridge improvement grant fund established by SDCL  32-11-38, a county shall submit to the department a county highway and bridge improvement plan and updates to that plan in accordance with the provisions of this chapter. The county shall include with the plan and each update, a written certification of adoption of the plan subscribed by the chairperson of the board of county commissioners. The format for a county highway and bridge improvement plan and updates shall substantially conform to the department's guidelines. The county may submit the highway and bridge improvement plan and updates to the department in an electronic format acceptable to the department or by hard copy.
General Authority:
SDCL  1-44-7.5,  32-11-39.
Law Implemented:
SDCL  1-44-7.5,  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:02 - Inventory of roads

Current through Register Vol. 51, page 10, July 15, 2024
A county highway and bridge improvement plan shall include an inventory of all roads that are part of the county highway system and all secondary roads within the county as provided in SDCL  31-12-26,  31-12-48 and  31-12-46 including:
(1) The roadway classification of each road;
(2) The ADT of each road, if that information is available to the county;
(3) The surface type, dirt, gravel, bituminous, or concrete, and surface width of each road;
(4) The surface thickness and base thickness of each road, if that information is available to the county;
(5) The year each road was constructed, the last year each road was improved, and the type of improvement, if that information is available to the county;
(6) The shoulder type and shoulder width of each road, if that information is available to the county; and
(7) The location and size of any culverts in each road, if that information is available to the county.
General Authority:
SDCL  1-44-7.5.
Law Implemented:
SDCL  1-44-7.5,  32-11-38.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:03 - Inventory of bridges

Current through Register Vol. 51, page 10, July 15, 2024
A county highway and bridge improvement plan shall include a county map showing the location of each bridge. The map shall be accompanied by an inventory of the bridges the county is responsible for under SDCL  31-14-2, including:
(1) The structure number, location, type, width and length of each bridge;
(2) The condition rating of each bridge;
(3) Whether the bridge is posted for load capacity, and if so, what the posted limit is; and
(4) The year each bridge was built, the year last improved, and the type of improvement, if that information is available.
General Authority:
SDCL  1-44-7.5.
Law Implemented:
SDCL  1-44-7.5,  32-11-38.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:04 - Maps

Current through Register Vol. 51, page 10, July 15, 2024
A county highway and bridge improvement plan shall include one or more maps showing the location of all public roads within the county. The federal functional classification map maintained by the department may be used for that purpose.
General Authority:
SDCL  1-44-7.5.
Law Implemented:
SDCL  1-44-7.5,  32-11-38.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:05 - Statement of financial resources

Current through Register Vol. 51, page 10, July 15, 2024
The county highway and bridge improvement plan shall include a statement identifying the annual sources of revenue available to the county for highway and bridge work and the projected revenue amounts from each source for the next five years. The source of funding may include funds that are being or have been applied for, but have not yet been received.
General Authority:
SDCL  1-44-7.5.
Law Implemented:
SDCL  1-44-7.5,  32-11-38.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:06 - Five-year project list

Current through Register Vol. 51, page 10, July 15, 2024
The county highway and bridge improvement plan or plan update shall include a list of the projects proposed to be undertaken by the county over the next five years . A bridge project shall appear on the project list to be eligible for a bridge improvement grant. Project information shall include:
(1) The location of the project;
(2) The type of project improvement;
(3) Each source of available funding for the project;
(4) The estimate of the cost of the project; and
(5) The year the project is proposed to be built.
General Authority:
SDCL  1-44-7.5,  32-11-39.
Law Implemented:
SDCL  1-44-7.5,  32-11-38,  32-11-39
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:07 - Current project status list

Current through Register Vol. 51, page 10, July 15, 2024
The update of a county highway and bridge improvement plan shall include the five-year project list from the previous county highway and bridge improvement plan or update with a brief description of the status of each project, any revision of a project, and the cost estimate for each project.
General Authority:
SDCL  1-44-7.5.
Law Implemented:
SDCL  1-44-7.5,  32-11-38.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:08 - Time of submission of plan

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible to receive a grant award from the bridge improvement grant fund established by SDCL  32-11-38, a county shall submit a county highway and bridge improvement plan or update to the secretary by October 15 of the calendar year preceding the grant application deadline.
General Authority:
SDCL  1-44-7.5,  32-11-39.
Law Implemented:
SDCL  1-44-7.5,  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:09 - Annual plan updates and plan amendments

Current through Register Vol. 51, page 10, July 15, 2024
A county receiving a grant from the bridge improvement grant fund established by SDCL  32-11-38 shall update the highway and bridge improvement plan annually and submit the plan update to the secretary by October 15 of each year. In addition to plan updates, a county may make amendments to its highway bridge improvement plan at any time, including but not limited to adding, deleting or revising proposed highway or bridge projects.
General Authority:
SDCL  1-44-7.5.
Law Implemented:
SDCL  1-44-7.5,  32-11-38.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:10 - Revision of plan upon request of department

Current through Register Vol. 51, page 10, July 15, 2024
The department may reject a highway and bridge improvement plan or plan update that does not meet the requirements of this chapter. The department shall advise the county in writing of the necessary revisions needed to comply with those requirements.
General Authority:
SDCL  1-44-7.5.
Law Implemented:
SDCL  1-44-7.5,  32-11-38.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:11 - Review and acceptance of plan

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a county highway and bridge improvement plan or a plan update, the department shall review the plan or plan update for compliance with the provisions of this chapter. The department shall accept a plan or plan update determined to be in compliance. The department shall send a written notification of acceptance to the county. A county whose plan or plan update has been accepted, and otherwise meets the requirements of law, is eligible to receive a local bridge improvement grant in accordance with the provisions of SDCL  32-11-38.
General Authority:
SDCL  1-44-7.5,  32-11-39.
Law Implemented:
SDCL  1-44-7.5, 34-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:12 - COUNTY HIGHWAY AND BRIDGE IMPROVEMENT PLAN › Chapter 70:12:02 - Highway and bridge improvement plan requirements › Section 70:12:02:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  1-44-7.5,  32-11-39.
Law Implemented:
SDCL  1-44-7.5,  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "ADT," average daily traffic;
(2) "BIG," bridge improvement grant;
(3) "Bridge," as defined in SDCL  31-14-1, a structure, including supports, erected over a depression or an obstruction, as water, highway, or railway, the structure having a length measured along the center of the roadway of more than twenty feet between undercopings of abutments or extreme ends of openings for multiple boxes and pipes where the clear distance between openings is less than half of the smaller contiguous opening;
(4) "Commission," the South Dakota Transportation Commission;
(5) "Condition rating," an engineering analysis of the structural components of a bridge pursuant to national bridge inspection guidelines;
(6) "Department," the South Dakota Department of Transportation;
(7) "LPA," any local public agency authorized by statute to own, maintain, and govern the use of a bridge;
(8) "Preliminary Engineering," evaluation of topography and legal survey, possible repair and replacement options, and hydraulic analyses, and the determination of the structure type, size, and location;
(9) "Procedures," comprehensive program procedures approved by the commission pursuant to 70:13:01:06;
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:02 - Eligibility and compliance

Current through Register Vol. 51, page 10, July 15, 2024
Any LPA of this state may apply for a BIG pursuant to this chapter for the purposes described in SDCL  32-11-38. To be eligible to apply to the department and to receive a grant from the BIG fund, a county shall have a wheel tax and a department accepted county highway and bridge improvement plan as specified in chapter 70:12:02.
The LPA shall file the application with the department as required by §§
									70:13:01:03  and 70:13:01:04  and shall comply with the procedures, requirements, conditions, restrictions, and limitations referred to in this chapter.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:03 - Application

Current through Register Vol. 51, page 10, July 15, 2024
Each application shall be submitted on the forms provided by the department and must be accompanied by a resolution from the governing body of the LPA. The resolution must authorize the application and any funding commitments made by the LPA.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:04 - Application and approval periods

Current through Register Vol. 51, page 10, July 15, 2024
An LPA shall submit any applications for bridge preservation, rehabilitation, and replacement grants no later than January 2 of each year, and the commission shall consider those applications by April 30 of each year. An LPA shall submit any applications for preliminary engineering grants no later than August 1 of each year, and the commission shall consider those applications by October 30 of each year.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:05 - Bridge improvement grant award

Current through Register Vol. 51, page 10, July 15, 2024
The commission may award a BIG based on the criteria set forth in this chapter.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:06 - Criteria

Current through Register Vol. 51, page 10, July 15, 2024
When considering an application, the commission shall receive recommendations from the department based on an engineering analysis.
At least annually, the department shall propose comprehensive program procedures for commission approval. These procedures shall include, but are not limited to, application requirements, minimum qualifications, objective scoring criteria, and project development and construction management procedures. Factors to be considered in the scoring criteria shall include bridge condition, user impact, and local participation. Bridge condition shall include whether the bridge is posted for load capacity, the condition rating, the box culvert condition, and whether the bridge is fracture critical or scour critical. User impact shall include the amount of traffic the bridge carries and the detour length needed if the bridge is closed. Local participation may include points for the amount of wheel tax, any increase in local financial obligations beyond the program requirements, and plans that are complete for preservation, rehabilitation and replacement projects.
The department shall report its scoring calculations to the commission. The department shall also make recommendations regarding project feasibility and constructability and whether the proposed project addresses the deficiencies of the bridge.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:07 - Conditions of bridge improvement grants

Current through Register Vol. 51, page 10, July 15, 2024
The department may recommend and the commission may place conditions on any BIG award.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:08 - Project agreement

Current through Register Vol. 51, page 10, July 15, 2024
The department shall enter into a project agreement with the LPA that details eligible expenses, conditions, and responsibilities for any BIG.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:09 - Delegation of administrative functions

Current through Register Vol. 51, page 10, July 15, 2024
The department shall perform the administrative functions of developing the BIG application forms and processing and reviewing BIG applications; processing and reviewing documentation necessary to show compliance with the terms, conditions, and legal requirements of the BIG; disbursing BIG funds in accordance with conditions imposed on the BIG; and other tasks necessary to expedite and assist the commission.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:13 - Local bridge improvement grant fund › Chapter 70:13:01 - Local bridge improvement grant requirements › Section 70:13:01:10 - Project requirements

Current through Register Vol. 51, page 10, July 15, 2024
For preservation, rehabilitation and replacement projects, the department shall review plans and provide letting authorization prior to bid letting. For preservation, rehabilitation, and replacement grants, all eligible expenses shall be incurred within four years from the date of notice of BIG award. For preliminary engineering grants, all eligible expenses shall be incurred within three years from the date of notice of BIG award. The department may extend the deadline for any BIG, before or after the expiration of the deadline.
General Authority:
SDCL  32-11-39.
Law Implemented:
SDCL  32-11-38,  32-11-39.