Title 31 — HIGHWAYS AND BRIDGES

Before any change is made in the state trunk highway system, the Transportation Commission shall fix a time and place for hearing, and give notice of the hearing in all legal weekly newspapers in each of the counties in which any part or portion of the change, addition, relocatio…

The department may reroute portions of the state trunk highway system onto the national system of interstate highways. The department may delete portions of the state trunk highway system if they have been rerouted onto the national system of interstate highways if feasible and i…

The Department of Transportation shall maintain, and keep in repair, all highways or portions of highways, including the bridges and culverts, on the state trunk highway system. Source: SL 1923, ch 285 ; SDC 1939, § 28.0211; SL 1965, ch 132 ; SL 1984, ch 207 , § 24; SL 2010, ch 1…

For a highway improvement on the trunk highway system, the work contemplated shall be delivered to contract by one of the following methods, in accordance with the provisions of this chapter: (1) Design-bid-build; (2) Indefinite delivery and indefinite quantity; or (3) Emergency …

If construction plans and specifications for a highway improvement project have been completed by the Department of Transportation, the project may be advertised for bids and awarded to the bidder with the lowest responsive bid unless the bid is rejected by the Transportation Com…

For a potential future highway improvement or repair involving an indefinite quantity of a service for a fixed time, the department may contract for the service using indefinite delivery and indefinite quantity contracting if the following conditions are met: (1) The request for …

The department may contract for a highway improvement service by emergency procurement without advertising the procurement if there exists a threat to public health, welfare, or safety or for any other urgent and compelling reason. Failure to abide by the bid provisions of this c…

Payments from all funds made available for road and bridge construction contracts for the trunk highway system shall be made from time to time by the state treasurer upon estimates approved by the department. Upon partial payments made upon signed contracts, the approval of the d…

Repealed by SL 1985, ch 33 , § 11 31-5-17

31-5-18

31-5-20 Interstate agreements for rest and recreation areas. 31-5-21 Mowing of ditches on state trunk highway--Rules--Priority to abutting landowner. 31-5-22 Violation of rules authorizing mowing of ditches as misdemeanor. 31-5-23 Consultation with first and second class municipa…

To more effectually preserve the historical, archaeological, and paleontological remains of the state, the department may enter into agreements with the appropriate agencies of the state charged with preserving historical, archaeological, and paleontological remains to have these…

The Department of Transportation may enter into cost - sharing agreements with adjacent states for the land acquisition, construction, and operation of rest and recreation areas and rest and recreation facilities on or near state lines. Source: SL 1971, ch 180 .

The Transportation Commission may, by rules promulgated pursuant to chapter 1-26 , authorize the mowing of ditches on the state trunk highway system. The rules shall establish when mowing may be done, by whom mowing may be done, how and where mowing may be done, and the time limi…

Any person who violates any of the rules authorized pursuant to § 31-5-21 is guilty of a Class 2 misdemeanor. Source: SL 1975, ch 192 , § 2; SL 2004, ch 192 , § 2.

Before funds authorized by the Legislature for the construction or acquisition of district highway maintenance facilities are used, the Department of Transportation shall meet with the local governing bodies of the counties and first and second class municipalities where highway …

Written agreements as provided in § 1-24-3 , between the Department of Transportation and the local governing bodies shall be executed before joint use is initiated, and shall specify the joint use areas and how the costs are to be shared. Source: SL 1981, ch 224 , § 2.

Expenditures authorized by the Legislature for construction or acquisition of district highway maintenance facilities shall be contingent upon completing the procedure described in §

The design and construction of a joint facility is under the supervision of the state engineer, as provided in § 5-14-2 , is subject to the approval of the Transportation Commission and the governing body of the involved unit of government. Source: SL 1981, ch 224 , § 4.

The department may enter into an agreement with any county to provide that each may perform work or submit monetary contributions for the completion or improvement of a certain part of the state trunk highway within the county. Source: SL 1923, ch 285 ; SDC 1939, § 28.0211; SL 19…

Repealed by SL 1984, ch 207 , § 26 31-5-7

31-5-8 Moneys to be expended on highways and expenses of commission--Loans to local government highway jurisdictions. 31-5-8.1 Expenditures for roads in state parks and recreation areas. 31-5-8.2

All moneys levied and collected by the state by general state taxation for state highway purposes, or received from the sale of bonds, or appropriated for state highway purposes, shall be expended only in the laying out, marking, constructing, reconstructing, or maintaining publi…

To facilitate the use of areas with scenic, historical, and recreational values by our citizens and visitors to the state, the Transportation Commission may expend funds for roads in state parks and recreational areas under the jurisdiction of the Department of Game, Fish and Par…

31-5-8.4

The State Transportation Commission shall each year establish a winter safe highway maintenance plan. The plan shall provide for the snow removal, sanding, and deicing of the state trunk highway system to provide safe highways during cold weather months. Source: SL 1988, ch 233 ,…

31-5-9

31-5-10 Improvements to trunk system--Manner of advertising for bids--Letting of contract--Rules. 31-5-10.1 Design-bid-build. 31-5-10.2 Indefinite delivery and indefinite quantity. 31-5-10.3 Emergency procurement. 31-5-11 Improvements to trunk system--Payments upon estimates appr…

Terms used in this chapter mean: (1) "National system of interstate highways," includes all highways that have been or may become eligible for development with funds provided by federal highway acts for use on the interstate system; (2) "Control areas," a control area is a metrop…

The department may use such state highway funds as are required by federal highway acts for matching federal funds allocated for construction on the interstate system. Source: SL 1955, ch 104 , § 5; SDC Supp 1960, § 28.0235; SL 1963, ch 163 ; SL 2010, ch 145 , § 57.

Maintenance expense of the interstate system shall be from state highway funds. However, highway funds of counties, townships, and municipalities may be used in the maintenance of local service roads, overpasses, and underpasses constructed in connection with the interstate syste…

The Department of Transportation shall segregate in its annual report all expenditures related to the construction and maintenance of the interstate system. Source: SL 1955, ch 104 , § 5; SDC Supp 1960, § 28.0235; SL 1963, ch 163 .

Counties, townships, and municipalities may expend highway funds for the maintenance of local service roads, overpasses, and underpasses constructed in connection with the interstate highway system upon assuming maintenance obligations by agreement with the department. Source: SD…

The provisions of this chapter do not alter the duties of the department in laying out, constructing, or maintaining the state trunk highway system, nor do they prohibit or require that the interstate system follow or cease to follow any of the designated portions of the state tr…

No person may camp at any rest area established by the department within and adjacent to the national system of interstate highways in South Dakota. A violation of this section is a petty offense. Source: SL 1973, ch 193 , § 1; SL 2010, ch 145 , § 61.

For the purposes of § 31-7-15 , camping is defined as temporary lodging out - of - doors and presupposes the occupancy of a shelter, including any vehicle, designed or used for such purposes. A camper is defined as an occupant of any such shelter. Source: SL 1973, ch 193 , § 2.

No person temporarily resting in any vehicle is in violation of the provisions of §

Any person violating the provisions of § 31-7-15 , in addition to the penalty provided by § 22-6-7 , may be fined an amount as determined by the court which may be necessary to reimburse the department for the expense of repairing any damage to such rest area resulting from such …

The department may employ such assistants, agents, engineers, and engineering consultants and to enter into such contractual relations in behalf of the state and to do and perform all such acts as are necessary for the public good agreeable to the provisions of this chapter. Sour…

The department, in cooperation with the Federal Highway Administration of the United States Department of Transportation, or other agencies of the United States government, may locate and construct the South Dakota sections of the National System of Interstate Highways according …

The department may determine the location of toll-free highways along alignments consistent with interstate highway standards. Source: SL 1955, ch 104 , § 3; SDC Supp 1960, § 28.0233 (1); SL 2010, ch 145 , § 51.

The department may acquire right-of-way, borrow pits, and other land and materials under the provisions of §§ 31-19-1 to 31-19-19 , inclusive. Source: SL 1955, ch 104 , § 3; SDC Supp 1960, § 28.0233 (2); SL 2010, ch 145 , § 52.

The department may designate locations and establish, limit, and control points of ingress and egress to ensure proper operation of highways of the national system of interstate highways and prohibit entrance to or egress from the highways at points not so designated. Source: SL …

The department may construct grade separations at intersections with other public roads and to adjust the lines and grades of such other roads so as to accommodate the design of toll-free roads of the national system of interstate highways. Source: SL 1955, ch 104 , § 3; SDC Supp…

The department, in cooperation with the United States government and adjacent states, may establish control areas and control points between control areas as set forth in this chapter and program the construction on the interstate system in a manner that will permit use of new co…

The department may mark the highways with the names or numbers that are selected for use as identification of the highways by the states through which the interstate routes pass. Source: SL 1955, ch 104 , § 4; SDC Supp 1960, § 28.0234; SL 2010, ch 145 , § 56.

For the purposes of this chapter, a controlled - access facility is defined as a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or ea…

The highway authority of the state, county, or municipality may designate and establish any controlled-access highway as a new and additional facility or may designate and establish an existing street or highway as included within a controlled-access facility. Source: SL 1953, ch…

The state or any of its subdivisions may provide for the elimination of intersections at grade of controlled-access facilities with existing state and county roads, and city or town streets, by grade separation or service road, or by closing off the roads and streets at the right…

No municipal street, county or state highway, or other public way may be opened into or connected with any controlled-access facility without the consent and previous approval of the highway authority in the state, county, or municipality having jurisdiction over the controlled-a…