Title 31 — HIGHWAYS AND BRIDGES

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

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 §

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 §

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 , …

Any agreement entered into under §§ 31-10-2 to 31-10-11 , inclusive, by the department, for the purchase or construction of any bridge, may provide for one or more annual payments, but not exceeding ten. A reasonable rate of interest may be paid on deferred installments to be pai…

The board of county commissioners at its discretion may employ a county highway superintendent, the salary and expenses to be fixed and allowed by the board of county commissioners, to be paid out of the motor vehicle fund of the county. No member of the board of county commissio…

The board of supervisors of any township or a board of county commissioners may lease to a contractor any scraper, grader, or other road tools or machinery belonging to the township or county. Source: SL 1911, ch 221 , § 20; RC 1919, § 8566; SDC 1939, § 28.0118. 31-11-29 to 31-11…

The county superintendent of highways shall perform all duties imposed upon him by the county commissioners and shall comply with all regulations and requirements of the county commissioners. Source: SL 1919, ch 333 , § 19; SDC 1939, § 28.0305; SL 1953, ch 145 .

In cases where the county superintendent of highways is not an engineer he shall have power and authority with the approval of the county commissioners to employ an engineer whenever necessary to survey and to do other engineering work. Source: SL 1919, ch 333 , § 19; SDC 1939, §…

Any resident of a county may petition the board of county commissioners to hold a public hearing on whether the county should contract with owners of private roads within the county for the county to provide maintenance on private roads. Source: SL 1994, ch 238 , § 1.

If the board of county commissioners receives a petition pursuant to § 31-11-41 , the board shall schedule a public hearing to be held within thirty days of receipt of such petition. The board of county commissioners shall publish a notice of such hearing once a week for two succ…

At a hearing held pursuant to §§ 31-11-42 and 31-11-44 , the board of county commissioners shall take public testimony on the question of whether the county should contract with the owners of private roads within the county for the county to provide maintenance on such roads. If,…

The board of county commissioners shall annually hold a public hearing on the continuance of the maintenance of private roads by the county. Such hearing shall be published pursuant to §

If the board of county commissioners agrees to maintain private roads pursuant to §§ 31-11-41 to 31-11-44 , inclusive, the board may establish a maximum number of hours of maintenance, or miles of road that the board will authorize. Source: SL 1994, ch 238 , § 4A.

The county highway superintendent shall keep a detailed record of the cost of any work on any section of the highway, bridge, tile, or culvert construction, repair work, or materials therefor done under his supervision by the county, by day labor and shall immediately upon the co…

The county highway superintendent shall prepare and file with the county auditor not later than the fifth of January of each year a true and correct inventory of all road building equipment, supplies, and materials on hand together with his estimate of its present value. However,…

The county highway system as heretofore designated and established in each organized county of the state is hereby perpetuated. Source: SL 1919, ch 333 , § 10; SDC 1939, § 28.0301.

31-12-11 Commencement of construction work. 31-12-12 Small projects--Advertising, private contract, or county work permitted. 31-12-13 Large projects--Advertising for bids or built by day labor--Rejection of bids. 31-12-14 Deadline for bids--Advertisement--Rejection of bids. 31-1…

After the survey and plan for each section of the county highway system has been prepared by or for the county highway superintendent, and specifications and an estimate of the cost therefor also prepared and approved by the board of county commissioners, such board of county com…

Any road, tile, or culvert construction, repair work, or materials upon the county highway system, for which the county highway superintendent's estimated cost equals or is less than the amount provided for in § 5-18A-14 , may be advertised and let at a public letting by the boar…

Any road, tile, or culvert construction, repair work, or materials on the county highway system, for which the county highway superintendent's estimated cost exceeds the amount provided in § 5-18A-14 , shall be advertised and let at a public letting by the board of county commiss…

If the cost of any road, bridge, tile, or culvert construction, repair work, or materials upon a county highway system or secondary roads exceeds the amount provided for in § 5-18A-14 or any less amount for which work bids are to be called for, and after plans and specifications …