South Dakota Administrative Code

Rule 70:11:02:01 Newspaper vending devices allowed. 70:11:02:01. Newspaper vending devices allowed. 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…

Rule 70:11:02:02 Location of devices. 70:11:02:02. Location of devices. 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 des…

Rule 70:11:02:03 Identification of responsible individual or entity. 70:11:02:03. Identification of responsible individual or entity. The name, mailing address, and telephone number of the individual or entity responsible for refunds and for the day-to-day operation and maintenan…

Rule 70:11:02:04 Publications. 70:11:02:04. Publications. 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 …

Rule 70:11:02:05 Department not responsible for damage. 70:11:02:05. Department not responsible for damage. 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 m…

Rule 70:11:03:01 Grounds for revocation of permit. 70:11:03:01. Grounds for revocation of permit. 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 cau…

Rule 70:11:03:02 Notice of revocation. 70:11:03:02. Notice of revocation. 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 o…

Rule 70:11:03:03 Removal of newspaper vending device. 70:11:03:03. Removal of newspaper vending device. 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 re…

Rule 70:11:03:04 Reapplication for a permit after revocation -- Revocation of all permits. 70:11:03.04. Reapplication for a permit after revocation -- Revocation of all permits. No applicant whose permit has been revoked may reapply for a permit for a newspaper vending device at …

Rule 70:12:01:01 Definitions. 70:12:01:01. Definitions. 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 st…

Rule 70:12:02:01 Eligibility for bridge improvement grant fund. 70:12:02:01. Eligibility for bridge improvement grant fund. 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 high…

Rule 70:12:02:02 Inventory of roads. 70:12:02:02. Inventory of roads. 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 a…

Rule 70:12:02:03 Inventory of bridges. 70:12:02:03. Inventory of bridges. 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 S…

Rule 70:12:02:04 Maps. 70:12:02:04. Maps. 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. S…

Rule 70:12:02:05 Statement of financial resources. 70:12:02:05. Statement of financial resources. 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 project…

Rule 70:12:02:06 Five-year project list. 70:12:02:06. Five-year project list. 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 …

Rule 70:12:02:07 Current project status list. 70:12:02:07. Current project status list. 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 descript…

Rule 70:12:02:08 Time of submission of plan. 70:12:02:08. Time of submission of plan. 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 s…

Rule 70:12:02:09 Annual plan updates and plan amendments. 70:12:02:09. Annual plan updates and plan amendments. 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 …

Rule 70:12:02:10 Revision of plan uppon request of department. 70:12:02:10. Revision of plan upon request of department. 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…

70:12:02:11. Review and acceptance of plan. 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 det…

Rule 70:12:02:12 Repealed. 70:12:02:12. Emergency declaration. Repealed. Source: 42 SDR 52, effective October 13, 2015; 44 SDR 42, effective September 11, 2017.

Rule 70:13:01:01 Definitions. 70:13:01:01. Definitions. 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, …

Rule 70:13:01:02 Eligibility and compliance. 70:13:01:02. Eligibility and compliance. 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…

Rule 70:13:01:03 Application. 70:13:01:03. Application. 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 shall authorize the application and any funding commitmen…

Rule 70:13:01:04 Application and approval periods. 70:13:01:04. Application and approval periods. 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 app…

Rule 70:13:01:05 Bridge improvement grant award. 70:13:01:05. Bridge improvement grant award. The commission may award a BIG based on the criteria set forth in this chapter. Source: 42 SDR 52, effective October 13, 2015. General Authority: SDCL 32-11-39. Law Implemented: SDCL 32-…

Rule 70:13:01:06 Criteria. 70:13:01:06. Criteria. 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 ap…

Rule 70:13:01:07 Conditions of bridge improvement grant. 70:13:01:07. Conditions of bridge improvement grants. The department may recommend and the commission may place conditions on any BIG award. Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 20…

Rule 70:13:01:08 Project agreement. 70:13:01:08. Project agreement. The department shall enter into a project agreement with the LPA that details eligible expenses, conditions, and responsibilities for any BIG. Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective O…

Rule 70:13:01:09 Delegation of administrative functions. 70:13:01:09. Delegation of administrative functions. The department shall perform the administrative functions of developing the BIG application forms and processing and reviewing BIG applications; processing and reviewing …

70:13:01:10. Project requirements. 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 incurre…

Rule 70:13:01:11 Access and reporting. 70:13:01:11. Access and reporting. The LPA shall provide the department with access to the project and the LPA's records. The LPA shall provide information, documentation, and reports that the department requires to determine compliance with…

Rule 70:13:01:12 BIG default. 70:13:01:12. BIG default. The commission may determine an LPA to be in default under the BIG conditions or requirements. The department will notify an LPA at least fifteen calendar days prior to the commission's consideration of default by the LPA, a…

Rule 70:13:01:13 Remedies. 70:13:01:13. Remedies. If the commission determines a LPA is in default pursuant to § 70:13:01:12, the department shall provide written notice of the default to the LPA. The LPA shall repay all the BIG funds disbursed by the department for that grant. S…

Rule 70:14:01:01 Definitions. 70:14:01:01. Definitions. Terms used in this chapter mean: (1) "Commission," the South Dakota Transportation Commission; (2) "Department," the South Dakota Department of Transportation; (3) "Highway," every way or place of whatever nature that is ope…

Rule 70:14:01:02 Eligibility. 70:14:01:02. Eligibility. Any local government may apply for a loan pursuant to this chapter to fund a project for a highway under its jurisdiction and control. The local government shall file the application with the department as required by §§ 70:…

Rule 70:14:01:03 Application. 70:14:01:03. Application. Each application must be submitted on forms provided by the department and must be accompanied by a resolution from the governing body of the local government. The resolution must authorize the application and any funding or…

Rule 70:14:01:04 Factors for award. 70:14:01:04. Factors for award. In determining whether to award a loan, the commission shall consider the following factors: (1) The availability of other funding for the proposed project; (2) The likelihood the proposed project will foster and…

Rule 70:14:01:05 Interest rate and repayment schedule. 70:14:01:05. Interest rate and repayment schedule. The commission shall set the interest rate and the repayment schedule for each loan. Source: 45 SDR 128, effective April 22, 2019. General Authority: SDCL 31-5-8. Law Impleme…

Rule 70:14:01:06 Additional conditions. 70:14:01:06. Additional conditions. The commission may impose additional terms and conditions on the award and disbursement of any loan. The local government shall comply with all terms and conditions imposed by the commission. Source: 45 S…

Rule 70:14:01:07 Loan agreement. 70:14:01:07. Loan agreement. If awarded a loan, the local government shall enter into an agreement with the department concerning the terms and conditions of the loan. Source: 45 SDR 128, effective April 22, 2019. General Authority: SDCL 31-5-8. L…

Rule 70:14:01:08 Project plans. 70:14:01:08. Project plans. After execution of the loan agreement, the local government shall submit to the department a project cost estimate and project plans prepared by a professional engineer. The project plans must be stamped by the professio…

Rule 70:14:01:09 Bid letting. 70:14:01:09. Bid letting. The local government shall award a contract for the project within two years of the date of the commission's loan award. Source: 45 SDR 128, effective April 22, 2019. General Authority: SDCL 31-5-8. Law Implemented: SDCL 31-…

Rule 70:14:01:10 Compliance. 70:14:01:10. Compliance. The department shall monitor compliance with the terms and conditions of the loan agreement and shall disburse loan funds in accordance with the agreement. The department shall perform other tasks necessary to expedite and ass…

Rule 70:14:01:11 Loan disbursements. 70:14:01:11. Loan disbursements. The local government shall submit loan disbursement requests based on detailed statements of project expenses incurred by the local government. Source: 45 SDR 128, effective April 22, 2019. General Authority: S…

Rule 70:14:01:12 Access and reporting. 70:14:01:12. Access and reporting. The local government shall provide the department with access to the project and the local government's records relating to the project. The local government shall provide all information, documentation, an…

Rule 70:14:01:13 Default. 70:14:01:13. Default. The commission may determine a local government to be in default if the local government fails to comply with the requirements of the loan agreement or this chapter. The department will notify a local government at least fifteen cal…

Rule 70:15:01:01 Definitions. 70:15:01:01. Definitions. As used in this chapter: (1) "Crash" means any vehicle accident that triggers an obligation to provide information or make a report to law enforcement under SDCL 32-34-3, 32-34-3.1, 32-34-4, 32-34-6 or 32-34-7; (2) "Departme…

Rule 70:15:01:02 Permit application. 70:15:01:02. Permit application. A permit is required to test or operate platoons. Applications for authorization to test or operate platoons must be submitted to the department on a form and in a manner approved by the department. Source: 46 …