Title 31, HIGHWAYS AND BRIDGES

The township snow removal reserve fund after the creation thereof shall be used as provided by §§ 31-13-26 to 31-13-28 , inclusive, and for these purposes only. Source: SL 1953, ch 480 , § 2; SL 1955, ch 427 ; SDC Supp 1960, § 58.0512; SL 1969, ch 278 , § 1.

After establishment of a township snow removal reserve fund, the board of township supervisors is hereby authorized to contract for the removal of snow on township roads, to purchase equipment for the removal of snow or repair the same, and to repair damages to township roads res…

If the projected total cost of a contract for winter road maintenance under § 31-13-26 is less than ten thousand dollars, the township supervisors are not required to advertise for bids for the contract. If the township supervisors anticipate that snow removal or road repair cost…

In the event that in the judgment of the board of township supervisors a disaster exists resulting from snow and that the public peace and the health or safety of the people or their property is in jeopardy, the board of township supervisors may by resolution declare that an emer…

Any unexpended balance remaining in the township snow removal reserve fund shall be allowed to accumulate as a reserve fund and available for future use as set forth under §§ 31-13-26 and 31-13-27 . No part of the fund created in § 31-13-22 shall revert to the general funds of th…

When any highway within any township is regularly traveled by a bus or other motor vehicle used for free transportation of school children, the township board may, in its discretion, open snowbound roads and keep them passable for such vehicles. Such expense shall be paid from th…

The township supervisors may hire such help as may be necessary by the hour at such rates as may be agreed upon by the township board of supervisors. Source: SL 1911, ch 221 , § 4; SL 1913, ch 232 , § 2; SL 1917, ch 369 , § 1; RC 1919, § 8552; SDC 1939, § 28.0405; SL 1953, ch 146…

The township board of supervisors may establish a secondary road capital improvement fund for the purpose of constructing, reconstructing, repairing, and maintaining secondary roads, bridges, and culverts under the jurisdiction of the township board of supervisors. Source: SL 201…

Whenever any unincorporated town which is laid out into streets is included in the limits of an organized civil township, the township supervisors may cause improvements to be made in said streets. Source: SL 1872-3, ch 51 , § 49; PolC 1877, ch 23, § 33; SL 1883, ch 112 , ch 1, §…

All contracts or agreements of supervisors of organized civil townships, entered into between such supervisors and residents or landowners of such township, whereby such residents or landowners were to perform work, furnish equipment and material in the construction or repair of …

For the purposes of §§ 31-13-32 to 31-13-54 , inclusive, subdivision means the division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development. For the purposes of §§ 31-13-32 to…

Whenever the board of supervisors of any township deem it necessary to open, widen, extend, grade, gravel, surface with oil or other bituminous material, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in, curb, gutter, drain, or otherw…

The improvement of more than one street may be embraced in one proposed resolution if the improvement is substantially uniform as to all streets embraced therein. Minor variations in the amount of earth work, drainage, or labor or other minor variations in the construction expens…

If the improvements are not substantially uniform, then the improvement of two or more streets or portions of the same on which the improvements are not uniform may be included in one resolution, if the nature of the improvement or its estimated cost per linear foot on each porti…

If it is deemed expedient for the township to assume and pay any portion of the cost of the improvement, the resolution may so provide, or the portion to be assumed may be provided by a subsequent resolution, subject to the right of referendum on such resolution, pursuant to the …

The resolution required by § 31-13-33 shall be published once in the official newspapers of the county, with an appended notice stating the place and time, at least two weeks after such publication, at which the board of supervisors will meet for the consideration of the adoption…

If the improvement is petitioned for by the owners of more than fifty - five percent of the frontage of the property to be assessed therefor, it may be provided for by resolution without publication. Source: SL 1979, ch 197 , § 5.

In addition to the published notice required by § 31-13-37 , the board of supervisors, at least fifteen days prior to the hearing on the adoption of the resolution, shall cause personal notice to be sent by first class, registered, or certified mail to each person owning property…

Plans and specifications for contracts let by the board of township supervisors shall provide that all highway grades shall be not less than twenty feet in width. Source: SL 1911, ch 221 , § 5; RC 1919, § 8554; repealed SL 1919, ch 333 , § 69; re - enacted SDC 1939, § 28.0402.

At the time of the meeting referred to in § 31-13-37 or at any adjournment thereof the governing body shall consider any objections to such proposed resolution and may adopt such resolution, with or without amendment as it may deem proper. No amendment shall be made affecting pro…

After twenty days from the adoption and publication of the resolution referred to in § 31-13-40 , unless the referendum be invoked, pursuant to § 31-3-14 , or unless a written protest has been filed with the township clerk and signed by the owners of more than fifty - five percen…

In the circumstances mentioned in §§ 31-13-33 to 31-13-41 , inclusive, the benefits shall be apportioned in the manner prescribed by § 31-13-43 . Source: SL 1979, ch 197 , § 10.

If the board of supervisors by resolution so provides, any portion of the cost may be paid by the township out of its general funds appropriated for that purpose and the proper deduction shall be made of the cost to be so paid before the cost to be assessed is distributed to the …

The cost of the improvement, except the cost of street intersections, may be assessed to the property fronting or abutting on the improvement. The cost of each portion of the project on which the construction is by resolution substantially uniform shall be divided by the number o…

The cost of each street intersection may be assessed to all lots according to area so as to include one - half of the property between the street improved and the next street, whether the property abuts the street. In no case may the property situated more than three hundred feet…

In lieu of the method of apportionment prescribed in §§ 31-13-44 and 31-13-45 , it may be provided in and by the resolution determining the necessity of any street improvement that the cost shall be assessed against all assessable lots and tracts of land fronting or abutting ther…

In the resolution of necessity it may be provided that the township will pay any definite, specified portion or all of the cost of the improvements in street intersections. Source: SL 1979, ch 197 , § 15.

In the resolution of necessity it may be provided that the township will pay any definite, specified portion or all of the cost of street improvements fronting or abutting on the long side of a corner lot, or it may be provided by a resolution that such portion of the cost may be…

In the resolution of necessity it may be provided that the township will pay any portion or all of the cost of resurfacing, rebuilding, or repaving the portion of any street in which pavement has previously been placed or which has been previously constructed within the township.…

Notwithstanding the provisions of chapter 8-11 , the board of supervisors of a township may use, as a method for the financing or repayment for the improvement, the provisions of chapter 9-43 . Source: SL 1979, ch 197 , § 19; SL 1981, ch 225 .

The township board of supervisors or, if a township is no longer organized, the board of county commissioners, prior to the assessment of real property within the township, or unorganized township, for the next fiscal year, may levy annually for the purpose of maintaining, repair…

The township board of supervisors prior to the assessment of real property may, by resolution, designate the real property, the lot, or the portion of lots or real property against which the assessment is to be levied, the amount of the assessment against the real property, lot, …

The township clerk shall keep on file a record of all proceedings taken in the matter of opening, altering, vacating, paving, or otherwise improving any street, and after the confirmation of any report in such matters he shall record all the proceedings taken in relation to the i…

No contract made or assessment levied for any such improvement shall be void by reason of any defect or irregularity in the resolution or notice or in the publication thereof. The determination of the board of supervisors as to the sufficiency or insufficiency of protests thereto…

An organized township may require any person performing construction or survey work within any township road right - of - way which may damage such right - of - way to furnish an indemnity bond in a reasonable amount as determined by the township board to indemnify the township f…

If the right - of - way of a township road has been mowed and the cut foliage has been baled or stacked in the right - of - way, the person owning the baled or stacked foliage shall remove the bales or stacks from the right - of - way by the first day of November. A violation of …

If any landowner fails to prevent damage to a township road caused by severe and persistent wind or water erosion on the landowner's property, the township may repair the damage and assess the cost of the repairs against the landowner. If the landowner fails to pay the cost of th…

No operations to repair erosion damage pursuant to § 31-13-57 may be undertaken by the township unless the conservation district in which the land is located has by resolution approved such action and until a notice that the erosion on the lands constitutes a nuisance has been gi…

Contracts let by the board of township supervisors without advertising for bids shall also be in writing specifying the work to be done, the time in which it is to be completed, and the amount to be paid, and the board may require the contractor to furnish a bond with approved su…

All work done under any contract let by the supervisors of any township shall be paid by the township treasurer out of the highway fund in his hands belonging to the township in which such work is done, on an order of the board of supervisors of such township certifying the amoun…

In no case shall more than seventy - five percent of the contract price be paid on any contract let by a board of township supervisors until the work is completed and accepted by the board and so certified by it, except as provided in this title for payment upon estimates prepare…

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…

Promptly at the hour specified, the board of county commissioners in open session shall proceed to examine all sealed bids and notify the successful bidder that the bid has been accepted. Upon being so notified, the successful bidder shall enter into a contract with the county in…

At the time of entering into a contract under § 31-14-11 , the contractor shall execute to the county a satisfactory bond with sufficient surety, to be approved by the board of county commissioners, or a certified check in the total sum of the contract, conditioned that the contr…

If any bidder fails or refuses, for a period of ten days after notice pursuant to § 31-14-11 , to enter into the contract, the board of county commissioners may award the contract in the same manner to the next lowest responsible bidder or may reject all bids and rebid the contra…

After the execution of all contracts under § 31-14-11 , the board of county commissioners shall promptly return to all bidders the certified checks accompanying their sealed bids. Source: SL 1919, ch 333 , § 33; SL 1920 (SS), ch 89 ; SL 1925, ch 187 ; SDC 1939, § 28.1406; SL 2018…