South Dakota Administrative Code

Rule 70:08:01:03 Information to be included in application. 70:08:01:03. Information to be included in application. The application required by § 70:08:01:02 shall include the following: (1) The applicant's name, state of incorporation, principal place of business, and telephone,…

Rule 70:08:01:04 Procedure. 70:08:01:04. Procedure. Upon receipt of an application submitted pursuant to § 70:08:01:02, a hearing on the application shall be scheduled and conducted in accordance with SDCL chapter 1-26 to determine whether the railroad's exercise of the right of …

70:09:01:01. Definitions. Terms used in this article mean: (1) "Area engineer," the department engineer exercising administrative supervision over a geographical region of the state in accordance with the organizational structure of the department; (2) "Department," the South Dak…

Rule 70:09:01:02 Permits required. ARTICLE 70:09 70:09:01:02. Permits required. No person may construct any access providing direct vehicle movement between any state highway and any property adjoining a state highway without an access permit issued by the department. The propert…

Rule 70:09:01:03 Applications shall be submitted to the area engineer. ARTICLE 70:09 70:09:01:03. Applications shall be submitted to the area engineer. An applicant shall submit one application for each access location on state highways to the area engineer with jurisdiction over…

Rule 70:09:01:04 Contents of application. ARTICLE 70:09 70:09:01:04. Contents of application. An applicant shall submit an access application on a form approved by the department. The application shall include the following: (1) The name and address of the applicant; (2) The name…

Rule 70:09:01:05 Additional application information. ARTICLE 70:09 70:09:01:05. Additional application information. The department may also require the application to contain the following information: (1) A proposed access approach design; (2) A vicinity map indicating access lo…

Rule 70:09:01:06 Completed application. ARTICLE 70:09 70:09:01:06. Completed application. An application is complete when the area engineer has received all documents required pursuant to §§ 70:09:01:04 and 70:09:01:05. Source: 29 SDR 66, effective November 18, 2002. General Auth…

70:09:01:07. Traffic impact study requirement. The area engineer may require a traffic impact study with any application for access to a property that will generate one hundred or more peak hour trips. A peak hour trip means the movement of one vehicle to or from a point during t…

Rule 70:09:01:08 Local government consultation. ARTICLE 70:09 70:09:01:08. Local government consultation. The department shall provide a copy of any completed access permit to any local unit of government affected by the proposed access. The area engineer may require the applican…

Rule 70:09:01:09 Time period for application review. ARTICLE 70:09 70:09:01:09. Time period for application review. The department shall advise an applicant of the status of the application within 30 days of receipt of a complete application. Any access application not acted upon…

Rule 70:09:01:10 Conditional application approval. ARTICLE 70:09 70:09:01:10. Conditional application approval. The department may attach reasonable and prudent stipulations as a condition of application approval. The stipulations shall indicate any access improvement or operatin…

Rule 70:09:01:11 Appeals. ARTICLE 70:09 70:09:01:11. Appeals. Any person aggrieved by a decision of the department on an access permit application may appeal in writing to the secretary within 20 days after the date of the decision. Within 15 days after receipt of the appeal, the…

Rule 70:09:02:01 Access-location criteria. ARTICLE 70:09 70:09:02:01. Access-location criteria. The highway classifications and access location criteria displayed in the table in Appendix A, South Dakota Access-Location Criteria, shall be used to determine whether or not an acces…

Rule 70:09:02:02 Variance from access-location criteria. ARTICLE 70:09 70:09:02:02. Variance from access-location criteria. The area engineer may grant a variance from the access-location criteria in § 70:09:02:01. The granting of the variance shall be in harmony with the purpose…

Rule 70:09:02:03 Coordinated access planning. ARTICLE 70:09 70:09:02:03. Access planning. Any access point on a state highway in or adjacent to an urban area may be determined by access planning. The department or any unit of local government may initiate an access plan. A local …

Rule 70:09:03:01 Permit expiration and extension. 70:09:03:01. Permit expiration and extension. A permit is expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. The permittee may request a o…

Rule 70:09:03:02 Permit continuity. 70:09:03:02. Permit continuity. The landowner and the landowner's heirs, successors-in-interest, and assigns of property shall be responsible for meeting the terms and conditions of an approved access permit. Source: 29 SDR 66, effective Novemb…

Rule 70:09:03:03 Permittee to notify the department of changes in traffic characteristics. 70:09:03:03. Permittee to notify the department of changes in traffic characteristics. The permittee shall contact the department to determine if a new access permit and modifications to th…

Rule 70:09:03:04 Nonconforming approach. 70:09:03:04. Nonconforming approach. The department may find an access not in conformance with these rules if: (1) The access was not authorized in accordance with § 70:09:01:02; (2) The permittee did not notify the department of changes i…

Rule 70:09:03:05 Permittee is responsible for certain costs. 70:09:03:05. Permittee is responsible for certain costs. The permittee is responsible for the costs of construction, maintenance, and removal (if necessary) of the access. The permittee is also responsible for any risk …

Rule 70:09:03:06 Notification of construction work and time period to complete construction. 70:09:03:06. Notification of construction work and time period to complete construction. The permittee shall notify the department at least two working days prior to any construction with…

Rule 70:09:03:07 Inspection of access construction. 70:09:03:07. Inspection of access construction. The department shall inspect the access to verify that all terms and conditions of the permit are met. Source: 29 SDR 66, effective November 18, 2002. General Authority: SDCL 11-3-…

Rule 70:09:03:08 Permittee is responsible for maintenance of the access. 70:09:03:08. Permittee responsible for maintenance of the access. The permittee is responsible for the repair and maintenance of the access beyond the edge of the roadway including: (1) Surfacing; (2) Curb a…

Rule 70:09:03:09 Department role in access maintenance. 70:09:03:09. Department role in access maintenance. 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 adj…

Rule 70:10:01:01 Definitions. 70:10:01:01. Definitions. 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)…

Rule 70:10:01:02 Permits required. 70:10:01:02. Permits required. 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…

Rule 70:10:01:03 Applications shall be submitted to the department. 70:10:01:03. Applications shall be submitted to the department. An applicant shall submit an application for a utility corridor permit to the department. Source: 32 SDR 32, effective August 30, 2005. General Auth…

Rule 70:10:01:04 Deadline for submission of applications. 70:10:01:04. Deadline for submission of applications. 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…

Rule 70:10:01:05 Contents of application. 70:10:01:05. Contents of application. 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 de…

Rule 70:10:01:06 Completed application. 70:10:01:06. Completed application. An application is complete when the department has received all information and documents by the deadline set pursuant to § 70:09:01:04. Source: 32 SDR 32, effective August 30, 2005. General Authority: SD…

Rule 70:10:01:07 Priority for application approval. 70:10:01:07. Priority for consideration of application approval. In determining whether to grant or deny a permit application, the department shall consider applications in the following order: (1) From any utility whose facilit…

Rule 70:10:01:08 Criteria for application approval. 70:10:01:08. Criteria for application approval. 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 uti…

Rule 70:10:01:09 Process for application approval. 70:10:01:09. Process for application approval. 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 …

Rule 70:10:01:10 Unreasonable interference prohibited. 70:10:01:10. Unreasonable interference prohibited. 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. Sourc…

Rule 70:10:01:11 Conditional application approval. 70:10:01:11. Conditional application approval. The department may attach reasonable and prudent stipulations as a condition of application approval or continuation. The stipulations shall indicate any improvement or operating con…

Rule 70:10:01:12 Appeals. 70:10:01:12. Appeals. 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 com…

Rule 70:10:01:13 Relocation costs. 70:10:01:13. Relocation costs. 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 cost…

Rule 70:10:02:01 Permit expiration and extension. 70:10:02:01. Permit expiration and extension. 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 extensio…

Rule 70:10:02:02 Nonconforming use of utility corridor. 70:10:02:02. Nonconforming use of utility corridor. 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 § …

Rule 70:10:02:03 Notification of installation and time period to complete construction. 70:10:02:03. Notification of installation and time period to complete construction. The permittee shall notify the department at least ten working days prior to any construction within the uti…

Rule 70:10:02:04 Inspection of installation. 70:10:02:04. Inspection of installation. The department may inspect the installation at any time to verify that all terms and conditions of the permit are met. Source: 32 SDR 32, effective August 30, 2005. General Authority: SDCL 31-19…

Rule 70:11:01:01 Definitions. 70:11:01:01. Definitions. 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 …

Rule 70:11:01:02 Newspaper vending devices authorized. 70:11:01:02. Newspaper vending devices authorized. 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 departme…

Rule 70:11:01:03 Number of devices allowed. 70:11:01:03. Number of devices allowed. The maximum number of newspaper vending devices permitted at each interstate rest area or information center is six. Source: 41 SDR 53, effective October 7, 2014. General Authority: SDCL 31-29-83.…

Rule 70:11:01:04 Application. 70:11:01:04. Application. 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 an…

Rule 70:11:01:05 Contents of application. 70:11:01:05. Contents of application. 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 f…

Rule 70:11:01:06 Approval of application. 70:11:01:06. Approval of application. 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. Source: …

Rule 70:11:01:07 Issuance of permit. 70:11:01:07. Issuance of permit. 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 dep…

Rule 70:11:01:08 Indemnification. 70:11:01:08. Indemnification. 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 harmles…