Title 31, HIGHWAYS AND BRIDGES

No person temporarily resting in any vehicle is in violation of the provisions of § 31-7-15 . For purposes of this section, temporarily resting means stopping, parking, or otherwise keeping or occupying any vehicle in a rest area, or any portion thereof not officially designated …

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…

The highway authorities of the state, counties, or municipalities may enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of a controlled-access facility o…

In connection with the development of any controlled-access facility the state, county, or municipal highway authorities may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or designate as local service roads and str…

It is a Class 2 misdemeanor for any person: (1) To drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled - access facilities; (2) To make a left turn or semicircular or U - turn except through an opening provi…

For the purposes of §§ 31-8-15 to 31-8-15.2 , inclusive, a recovery vehicle is a motor vehicle which is specially equipped with a boom, winch, or wheel lift to tow, haul, or push a disabled motor vehicle. The recovery vehicle shall have amber beacon or flashing warning lights whi…

A recovery vehicle may not cross the median of a divided highway when the towed vehicle has more than three axles. A violation of this section is a Class 2 misdemeanor. Source: SL 1988, ch 234 , § 3.

No automotive service station or other commercial establishment for serving motor vehicle users may be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for or in connection with, a controlled-access highway. This sec…

No vending facility may be licensed pursuant to the provisions of §§ 31-8-16 , 31-29-83 , and 31-32-13 unless the contract provides that ten percent of the gross receipts from the concession be paid to the Department of Transportation to defray the cost of trash collection. Sourc…

Any highway or street constituting a controlled-access facility may be a freeway open to use by all customary forms of street and highway traffic or the highway or street may be a parkway from which trucks, buses, and other commercial vehicles are excluded. Source: SL 1953, ch 15…

The highway authorities of the state, counties, and municipalities, acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, may plan, designate, …

Highway authorities of the state, counties, and municipalities may regulate, restrict, or prohibit the use of controlled - access facilities by the various classes of vehicles or traffic in a manner consistent with §§ 31-8-1 and 31-8-2 . Source: SL 1953, ch 155 , § 3; SDC Supp 19…

The highway authorities of the state, counties, and municipalities may design any controlled-access facility and regulate, restrict, or prohibit access as to best serve the traffic for which the facility is intended. In this connection the highway authorities may divide and separ…

No person has any right of ingress or egress to, from or across any controlled-access facility to or from any abutting land, except at any designated point at which access may be permitted. Source: SL 1953, ch 155 , § 4; SDC Supp 1960, § 28.09A04; SL 2010, ch 145 , § 67.

For the purposes of this chapter, the highway authorities of the state, counties, or municipalities may acquire private or public property rights for any controlled-access facility and service road, including rights of access, air, view, and light, by gift, devise, purchase, or c…

In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or service road in connection therewith, the state, county, city, or town highway authority may acquire an entire lot, block, or tract of land, if, by so doing…

Any court proceeding necessary to acquire property or property rights for purposes of this chapter may take precedence over all other causes not involving the public interest in all courts, to the end that the provision of controlled-access facilities may be expedited. Source: SL…

The Department of Transportation and the board of county commissioners of an affected county, may relinquish to the United States for use and construction and control of highways by the secretary of interior, acting through the national park service, all of the interest of the st…

The board of county commissioners may enter into cooperative agreements with the Forest Service of the United States Department of Agriculture for the joint construction, maintenance, and use of roads located within the boundaries of the county, where such roads are used by the F…

Terms used in this chapter mean: (1) "Bridge," a structure, including supports, erected over a depression or an obstruction, as water, highway, or railway, the structure having a length measured along the center of the roadway of more than twenty feet between undercopings of abut…

The State of South Dakota is under no obligation to make any payments on account of any agreement entered into under §§ 31-10-2 to 31-10-11 , inclusive, out of any fund other than the state highway fund. Source: SL 1947, ch 132 , § 6; SDC Supp 1960, § 28.1430; SL 2010, ch 145 , §…

Before the department enters into any contract for the purchase of any bridge, under the provisions of §§ 31-10-2 to 31-10-11 , inclusive, an appraisal shall be made of the bridge and its approaches, or the portion of the bridge and approach thereto situate in this state. No cont…

The State of South Dakota, by and through the department, may accept title to and responsibility for the repair, maintenance, and ownership of that portion of any existing toll bridge situated within the boundaries of the State of South Dakota, if: (1) That portion of the bridge …

Subsequent to the acceptance of title to and responsibility for that portion of any bridge, in the manner set forth in § 31-10-12 , the department may operate the bridge, in conjunction with the proper governmental authority of an adjoining state, free of tolls. Source: SL 1953, …

The department shall repair and maintain and assume ownership of that part of any bridge situated within the State of South Dakota after acceptance as provided in § 31-10-12 . Source: SL 1953, ch 320 , § 3; SDC Supp 1960, § 28.1444; SL 2010, ch 145 , § 91.

The cost of operation and maintenance of that part of any bridge situated within the State of South Dakota after acceptance, as provided in § 31-10-12 , shall be paid by the department out of the state highway fund. Source: SL 1953, ch 320 , § 4; SDC Supp 1960, § 28.1445; SL 2010…

The department may enter into a reciprocity agreement and any other agreement with the proper governmental authorities of an adjoining state for the sharing of the cost of joint operation, repair, and maintenance pursuant to § 31-10-13 . Source: SL 1953, ch 320 , § 4; SDC Supp 19…

For the purposes of §§ 31-10-2 to 31-10-11 , inclusive, the following terms mean: (1) "Boundary state highway bridge," a highway bridge over a stream, river, or lake on the boundary line between the State of South Dakota and an adjoining state, which bridge is located or to be lo…

The department may acquire by purchase or condemnation, construct, and maintain boundary state highway bridges. Source: SL 1947, ch 132 , § 2; SDC Supp 1960, § 28.1426; SL 2010, ch 145 , § 82.

In the purchase, acquisition, construction, or maintenance under §§ 31-10-2 to 31-10-11 , inclusive, of any boundary state highway bridge or approaches thereto, the department may purchase, or institute and maintain proceedings for the condemnation of the necessary right-of-way t…

The Department of Transportation may enter into agreements or contracts with the proper authorities of the states which adjoin the State of South Dakota, subdivisions of such states, or companies, corporations, or persons relative to the purchase or condemnation, construction, or…

The department may not purchase, acquire by condemnation, or construct any bridge under the provisions of §§ 31-10-2 to 31-10-11 , inclusive, until such time as the adjoining and contracting state furnishes its proportionate share of the purchase price or cost of construction, or…

All expenditures under and by virtue of the provisions of §§ 31-10-2 to 31-10-11 , inclusive, shall be paid out of the funds of the Department of Transportation. Source: SL 1947, ch 132 , § 4; SDC Supp 1960, § 28.1428.

Any bridge purchased or constructed under §§ 31-10-2 to 31-10-11 , inclusive, shall be free from tolls. However, tolls may be collected on the traffic crossing the bridge until such time as the net sum of tolls so collected plus funds paid as provided in §§ 31-10-6 and 31-10-7 , …