South Dakota Administrative Code

Rule 70:04:05:08.02 Specific criteria for power and communication lines. 70:04:05:08.02. Specific criteria for power and communication lines. The criteria for considering permit application for power and communication lines are as follows: (1) Electric power and communication lin…

Rule 70:04:05:08.03 Utility accommodation on new bridge or highway structure design. 70:04:05:08.03. Utility accommodation on new bridge or highway structure design. If the department plans to construct a new bridge structure, the design of the structure may, upon request of a ut…

Rule 70:04:05:09 Criteria for protecting and enhancing the environment. 70:04:05:09. Criteria for protecting and enhancing the environment. Designated areas including scenic strips, overlooks, rest areas, recreation areas, public parks, and historic sites are subject to limited u…

Rule 70:04:05:10 Transferred. 70:04:05:10. Transferred to § 70:04:05.01:01.

70:04:05:11. Construction, relocation, and maintenance -- Traffic control. Utilities shall plan construction, relocation, and maintenance activities to minimize hazards and inconvenience to the traveling public. Utilities shall provide traffic control and signing in accordance wi…

Rule 70:04:05:12 Construction, relocation, and maintenance -- Restoration. 70:04:05:12. Construction, relocation, and maintenance -- Restoration. Areas disturbed within the right-of-way due to construction, relocation, or maintenance activities shall be restored as nearly as poss…

Rule 70:04:05:13 Construction, relocation, and maintenance -- Vegetation. 70:04:05:13. Construction, relocation, and maintenance -- Vegetation. Utilities shall notify the department before spraying, cutting, or trimming vegetation in connection with construction, relocation, or m…

70:04:05:14. Application for utility permit. In order to install, relocate, or expand utility facilities on a state highway within the right-of-way, the utility owner must submit an application to the applicable regional engineer. Each permit application must contain a descriptio…

Rule 70:04:05:15 Approval of application and issuance of permit. 70:04:05:15. Approval of application and issuance of permit. The director of operations or a designated representative may approve applications and issue permits for utility facility occupation of state highway righ…

Rule 70:04:05:16 Permittees to indemnify department. 70:04:05:16. Permittees to indemnify department. A permittee shall indemnify the department and save it and its officers and employees harmless from any of the following: (1) All suits, actions, or claims of any kind brought be…

Rule 70:04:05:17 Wetlands drainage. 70:04:05:17. Wetland drainage. The installation of privately owned lines, open ditches, drainage tile, or conduits on state trunk highway rights-of-way for the purpose of draining adjacent wetlands onto the highway right-of-way is prohibited. S…

Rule 70:04:05.01:01 Construction and maintenance of utility facilities within the interstate right-of-way. 70:04:05.01:01. Construction and maintenance of utility facilities within interstate right-of-way. All longitudinal installations within the interstate right-of-way are proh…

70:04:05.01:02. Applicable standards. In addition to the requirements in § 70:04:05.01:01, the standards in §§ 70:04:05:01; 70:04:05:03; 70:04:05:08 to 70:04:05:08.03, inclusive; 70:04:05:09; 70:04:05:11 to 70:04:05:17, inclusive; and subdivisions 70:04:05:04(1) to (5), inclusive…

Rule 70:04:06:01 Definitions. 70:04:06:01. Definitions. Words used in this chapter have the following meanings: (1) "Owner," the person or persons entitled to the possession of real property abutting a state trunk or interstate highway; (2) "Abutting," any land which adjoins the …

Rule 70:04:06:02 Mowing permits or contracts required. 70:04:06:02. Mowing permits or contracts required. Except for department mowing operations, a person may not mow or remove any grass from the right-of-way unless the person has first been issued a permit or contract as provid…

Rule 70:04:06:03 Mowing permit application -- No fee. 70:04:06:03. Mowing permit application -- No fee. A mowing permit application is available from the department for mowing interstate highway rights-of-way, except medians. The person requesting the permit shall complete the fo…

Rule 70:04:06:03.01 Contract for median mowing - Bid proposal -- Minimum bid. 70:04:06:03.01. Contract for median mowing - Bid proposal -- Minimum bid. Mowing of a state highway median may only be done by the department or by a contractor under a contract with the department. The…

Rule 70:04:06:03.02 Awarding of mowing contracts. 70:04:06:03.02. Awarding of mowing contracts. Abutting landowners are given priority over other bidders for contract mowing of the area adjacent to their property. When two abutting landowners have submitted bids for the same area…

Rule 70:04:06:04 Department not required to issue permits or contracts. 70:04:06:04. Department not required to issue permits or contracts. The department reserves the right not to issue permits or contracts for mowing on any or all portions of the right-of-way. Source: 2 SDR 33,…

Rule 70:04:06:05 Application for permit by nonabutting person requires waiver. 70:04:06:05. Application for permit by nonabutting person requires waiver. If a nonabutting person who wishes to mow the interstate highway right-of-way applies for a permit, the application must be ac…

Rule 70:04:06:06 Start of mowing. 70:04:06:06. Start of mowing. No mowing of the right-of-way may begin in the west river counties of Dewey, Jones, Stanley, Gregory, Lyman, or Tripp before June 15 and east of the Missouri River before July 10. All mowing by permit must be complet…

Rule 70:04:06:07 Restrictions on mowing of newly constructed right-of-way. 70:04:06:07. Restrictions on mowing of newly constructed right-of-way. Except for department mowing operations to enhance safety, control noxious weeds, or promote grass growth, mowing on newly constructed…

Rule 70:04:06:08 Liability insurance required. 70:04:06:08. Liability insurance required. Each permittee or contractor mowing within the right-of-way must carry liability insurance in the minimum amount of $50,000 for property damage and $100,000 for personal liability. Source: 2…

Rule 70:04:06:09 Area of right-of-way which may be mowed. 70:04:06:09. Area of right-of-way which may be mowed. The area of the highway right-of-way which may be mowed by permit is limited to the area from the right-of-way line up to the nearest edge of the roadway shoulder and t…

Rule 70:04:06:10 Manner of mowing. 70:04:06:10. Manner of mowing. All mowing by permit or contract must be done in a workmanlike manner and the area must be left in a neat condition upon completion of the work. Contractors shall mow around signs, delineators, guiderails, improvem…

Rule 70:04:06:11 Removal of hay -- Restrictions on baled hay. 70:04:06:11. Removal of hay -- Restrictions on baled hay. All hay harvested under a permit must be removed from the right-of-way within 30 days after being processed or by October 1, whichever is earlier, unless an ext…

Rule 70:04:06:12 Access to work area. 70:04:06:12. Access to work area. Methods of obtaining access to the work area of a highway right-of-way are as follows: (1) For mowing by permit: (a) Access to the work area on interstate and controlled access highways is limited to the use …

Rule 70:04:06:13 Parking of haying equipment. 70:04:06:13. Parking of haying equipment. When haying equipment is not in use it must be parked near the right-of-way line. If equipment used for contract mowing is left overnight, it must be parked out of the median near the right-of…

Rule 70:04:06:14 Liability of permittee. 70:04:06:14. Liability of permittee. The permittee or contractor is responsible for any damage to fences, signs, landscape planting, or other highway features resulting from mowing and haying operations by the permittee or contractor. The …

Rule 70:04:07:01 Definitions. 70:04:07:01. Definitions. Terms defined in SDCL 31-29-62 have the same meaning when used in this chapter. In addition, terms used in this chapter have the following meaning: (1) "Tourist-oriented directional signing," signing installed and maintained…

Rule 70:04:07:02 General criteria. 70:04:07:02. General criteria. To be considered for tourist-oriented directional signing, a business shall meet the following criteria: (1) The business shall be a rural business and a tourist-oriented business; (2) The business shall comply wit…

Rule 70:04:07:03 Restrictions 70:04:07:03. Restrictions. The following restrictions apply to tourist-oriented directional signing: (1) Each tourist-oriented business is limited to signing at one intersection on the highway nearest the business. The tourist-oriented directional si…

Rule 70:04:07:04 Trailblazing. 70:04:07:04. Trailblazing. If supplemental signing is necessary on roads not operated by the department in order to reach the tourist-oriented business, signing on these roads is the responsibility of the tourist-oriented business and shall be in pl…

Rule 70:04:07:05 Advance signing. 70:04:07:05. Advance signing. Advance signing may be installed at the discretion of the department and is limited to those situations where sight distance, intersection vehicle maneuvers, or other vehicle operating characteristics require advance…

Rule 70:04:07:06 Repealed. 70:04:07:06. Arrangement and size of signs. Repealed. Source: 20 SDR 96, effective December 29, 1993; repealed, 39 SDR 120, effective January 9, 2013.

70:04:07:07. Specific requirements for signs. The design, style, and size of lettering; arrangement and size of signs; advance signing; and sign locations must conform to requirements in Part 2 of the Manual on Uniform Traffic Control Devices for Streets and Highways, Eleventh Ed…

Rule 70:04:07:08 Application procedure. 70:04:07:08. Application procedure. The application procedure for a tourist-oriented directional sign permit is as follows: (1) Application must be made to the department on forms furnished by the department; (2) All applications must be ac…

Rule 70:04:07:09 Contract for manufacture and administration. 70:04:07:09. Contract for manufacture and administration. The Department of Transportation may contract with private industry or another agency of the state for the installation or manufacture of tourist-oriented direc…

70:04:07:10. Symbols on tourist-oriented directional signs. A tourist-oriented business may request a symbol to be placed on the sign depicting the type of business advertised by the sign. Any symbol must be generic in nature and may not contain the logo of specific businesses. G…

Rule 70:04:07:11 Non-conforming signs. 70:04:07:11. Non-conforming signs. The department shall not renew the permit for any sign not in conformance with these rules. Any non-conforming sign that is damaged or destroyed shall not be repaired or replaced, and shall be removed by th…

70:05:01:01. Terms. Terms used in this article mean: (1) "Board" the South Dakota State Railroad Board; and (2) "Department" the South Dakota Department of Transportation. Source: 8 SDR 35, effective October 4, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 49 SDR 47, effe…

70:05:01:02. Meetings and quorum. Repealed. Source: 8 SDR 35, effective October 4, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 49 SDR 47, effective November 21, 2022.

70:05:01:03. Declaratory rulings. A person may petition the board to issue a decision on the applicability of any statute, rule, or order pertaining to railroad matters under its jurisdiction by filing a written request with the secretary of the department. The board shall send a…

70:05:01:04. Approval of division action. Repealed. Source: 8 SDR 35, effective October 4, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 49 SDR 47, effective November 21, 2022.

70:05:01:05. Adoption of guidelines for property management -- Notice required. Repealed. Source: 8 SDR 174, effective July 1, 1982; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 49 SDR 47, effective November 21, 2022.

Rule 70:05:02:01 Repealed. CHAPTER 70:05:02 70:05:02:01. Application for license and permit -- Form and fee.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 10 SDR 107, April 11, 1984.

Rule 70:05:02:02 Repealed. CHAPTER 70:05:02 70:05:02:02. Criteria for approval.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 10 SDR 107, April 11, 1984.

Rule 70:05:02:03 Reserved. CHAPTER 70:05:02 70:05:02:03. Reserved.

Rule 70:05:02:04 Repealed. CHAPTER 70:05:02 70:05:02:04. Application for a haying permit -- Form and fee.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 10 SDR 107, April 11, 1984.

Rule 70:05:02:05 Repealed. CHAPTER 70:05:02 70:05:02:05. Haying permit -- Criteria for approval and fee.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 10 SDR 107, April 11, 1984.