Title 31 — HIGHWAYS AND BRIDGES

Source: SL 1941, ch 137 ; SDC Supp 1960, § 28.0916; SL 1984, ch 211 , § 3; SL 1986, ch 237 , § 3; SL 1989, ch 21 , § 153; SL 2010, ch 145 , § 175; SL 2013, ch 129 , § 3.

Every person who intentionally digs up, removes, displaces, breaks, or otherwise injures or destroys any public highway or bridge, or any private way laid out by authority of law, or bridge upon such way, is guilty of a Class 6 felony. Source: PenC 1877, § 686; CL 1887, § 6875; R…

If any highway, culvert, or bridge is damaged by flood, fire or other cause, to the extent that it endangers the safety of public travel, the governing body responsible for the maintenance of such highway, culvert, or bridge, shall within forty - eight hours of receiving notice o…

31-32-13 Business requiring use of highway by customers as misdemeanor--Exceptions. 31-32-14 Approved ingress and egress excepted from highway use restriction. 31-32-15 Unlawful use of right-of-way as public nuisance. 31-32-16 Objects likely to fall on highway as public nuisance.…

Nothing in § 31-32-10 may be construed as imposing any liability upon the county for any injury sustained by reason of any violation of § 46-8-16 relating to bridges over ditches and canals. Source: SDC 1939, § 28.0913 as added by SL 1951, ch 140 ; SL 2021, ch 128 , § 9.

It is a Class 2 misdemeanor for any person to conduct an establishment or maintain a business the nature of which requires the use by patrons or customers of any part of the right-of-way of a state trunk highway while the patron or customer is receiving or discharging any merchan…

The provisions of § 31-32-13 do not, in any way, interfere with the rights of any person to use such means of ingress or egress to a place of business as are approved as to safety and design by the Department of Transportation and as are reasonably useful for the business conduct…

The conducting of an establishment or maintaining of a business in violation of § 31-32-13 constitutes a public nuisance and the department may bring an action to abate the nuisance or may fence the right-of-way of the state trunk highway to prevent the unlawful use. Source: SL 1…

Any tree, structure, or other object, that, because of its location and because of its age, infirmity, angle of stance, or other condition, is likely to fall, in whole or in part, upon any public highway within the State of South Dakota, so that any person using the highway at th…

If it appears to the satisfaction of any department, board, or governing body charged with the duty of the maintenance of any highway in this state, that a nuisance as defined by § 31-32-16 exists along any highway in respect to which highway the department, board, or governing b…

If the owner of the property referred to in § 31-32-17 or of the nuisance refuses or fails to voluntarily abate the nuisance within a reasonable time, the department, board, or governing body, shall bring a civil action on behalf of the public, in the proper court, to abate the n…

No person except as provided in § 31-32-3.2 may intentionally dump any load of any material or cargo on or within the highway right - of - way. A violation of this section is a Class 1 misdemeanor. Source: SL 1987, ch 212 , § 1.

Any governmental employee or person involved in the construction or maintenance of public highway right - of - way or any person authorized by permit or contract with the governmental entity with jurisdiction over the highway right - of - way may dump a load of highway constructi…

Every person who intentionally injures or destroys any tollhouse or turnpike gate is guilty of a Class 6 felony. Source: PenC 1877, § 688; CL 1887, § 6877; RPenC 1903, § 706; RC 1919, § 4310; SDC 1939, § 13.4517.

Any person who shall place a barbed wire fence across any traveled road, whether the same be or be not a public highway, without at the same time building an obstruction across said road outside of and not farther away from said fence than two rods, consisting of at least two boa…

It shall be the duty of every person who so injures or obstructs any bridge or highway as to render the same unsafe immediately to put up a danger sign and use diligence to notify one or more of the members of the board or commissioners having jurisdiction or supervision over suc…

No unauthorized person may injure any highway by removing, destroying, or otherwise altering the grade constructed for such highway or by filling, obstructing, or otherwise altering the ditch which drains the grade of such highway or otherwise injures such highway in any manner. …

Any person violating the provisions of § 31-32-3.1 , 31-32-6 , or 31-32-7 , in addition to the judgments authorized by those sections, shall also be liable in a civil action to the township, county, municipality, or other public corporation to which the highway, highway right-of-…

The governing body or board having charge of any street, road, or highway shall cause rock, stone, glass, or other obstruction placed in the street, road, or highway, to be removed, or in the event that the same is flooded by irrigation water, the street, road, or highway shall b…