Title 31 — HIGHWAYS AND BRIDGES
36 chapters · 798 sections in this title.
SDCL § 31-3-37 Expenses of survey--Payment by person seeking location of highway
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If a survey of the highway mentioned in § 31-3-36 is necessary, the board of county commissioners before ordering such survey shall require the persons asking for the location of such highway to pay the expenses of such survey. Source: SL 1883, ch 67 , § 2; CL 1887, § 1220; RPolC…
SDCL § 31-3-38 Repealed by SL 2018, ch 168 , § 4
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31-3-39 Field notes--Furnishing to board of supervisors of township. 31-3-40 Field notes--Recording in township highway record. 31-3-41 Relocation of highways--Contract of political subdivision with United States--Reimbursement. 31-3-42 Change in location of highway by political …
SDCL § 31-3-39 Field notes--Furnishing to board of supervisors of township
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Upon the written request of the board of supervisors of any township, the county auditor shall furnish a copy of the description, field notes, and plat, if any, of each highway running into or through such township, as appears by the description, field notes, and plat on file or …
SDCL § 31-3-4 Location on boundary line--Half of highway taken from each side
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When a public highway is laid out and located upon a line dividing the land of two individuals, but not on the section line, one - half of the same must be taken, if practicable, from the land of each, provided whenever the taking of more land from one individual than the other w…
SDCL § 31-3-40 Field notes--Recording in township highway record
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Upon the filing of such copy in the township clerk's office, the township clerk shall record the same in the highway record book of the township and such record shall be prima facie evidence of the existence of such highway according to the description and plat so on file. Source…
SDCL § 31-3-41 Relocation of highways--Contract of political subdivision with United States--Reimbursement
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The legally constituted authorities of any county, township, or municipality in the State of South Dakota are hereby authorized and empowered to enter into contracts with the United States of America fixing the terms and conditions under which the part of any highway or system of…
SDCL § 31-3-42 Change in location of highway by political subdivision contracting with the United States
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The legally constituted authorities of any county, township, or municipality, in order to expeditiously carry out the terms of any contract or contracts entered into pursuant to § 31-3-41 , are authorized by resolution to make changes in the location of any part of the said highw…
SDCL § 31-3-43 Notice of proposed change--Publication
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No changes in the location of any highway or part of a highway or system of highways as contemplated, shall be entered into pursuant to § 31-3-41 until notice of the proposed changes of such highways shall have been published in the legal newspaper of the county in which said pro…
SDCL § 31-3-44 Highways within extraterritorial area of municipality
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Any resolution and order of the township board of supervisors or the board of county commissioners to vacate, change, or locate a highway within a township or within a county and within the extraterritorial area of a municipality as defined in § 11-6-10 shall be subject to the ap…
SDCL § 31-3-45 Rights of utilities and rural water systems unaffected
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No vacation, change, or relocation of any highway as provided under this chapter, nor any no maintenance designation of a highway as provided under chapter 31-12 , diminishes any existing right of use enjoyed by any utility, municipally owned utility, rural water system, or coope…
SDCL § 31-3-46 Procedures for highway appeals from township board of supervisors
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Upon the filing of a notice of appeal pursuant to § 31-3-14 and unless a petition or motion is filed with circuit court, the question shall be submitted to a vote of the voters at the next regular or special township meeting of the voters. The township clerk shall in the notice o…
SDCL § 31-3-5 Damages assessed--Payment before use of road
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No public highway shall be opened, worked, or used until the damages assessed therefor shall be paid to the persons entitled thereto or deposited in the county treasury for their use, or they shall give their consent thereto in writing filed with the county auditor. Source: SL 18…
SDCL § 31-3-6 Petition to locate, change, or vacate a highway
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Upon receiving a petition signed by two or more voters of an organized civil township, the board of supervisors, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7 , and after consideration of all information, opinions, and arguments presented, may, …
SDCL § 31-3-6.1 Access to public lands or public waters
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Notwithstanding any other provisions of this chapter, no county or township may vacate a highway which provides access to public lands or public waters embracing an area of not less than forty acres. Source: SL 1989, ch 253 , § 1; SL 2012, ch 154 , § 1; SL 2018, ch 170 , § 1.
SDCL § 31-3-7 Public hearing--Notice--Affirmative resolution of board--Order
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In case of the filing of a petition described in § 31-3-6 , the board shall, after giving notice of a public hearing, hold a public hearing called for the purpose of receiving public testimony about the action proposed by the petition. The board shall give notice of the public he…
SDCL § 31-3-8 Resolution and order of board--Description of land--Map maintained by county auditor--Recording
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The resolution and order provided for in § 31-3-7 shall describe the highway vacated, changed, or located in general language by description of the land across which the highway extends, or by landmarks or survey designate the particular highway intended. The county auditor shall…
SDCL § 31-3-9 Resolution and order--Entry in minutes--Publication
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Such resolution and order shall be printed in the minutes of the meeting of the board and the resolution shall be published in the official newspaper of said township, if any, otherwise in the nearest legal newspaper to said highway, once each week for at least two consecutive we…
SDCL § 31-4-1 State trunk highway system designated by Legislature--Primary factors to be considered--Limitation on removal from state trunk highway system
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The state trunk highway system shall be as designated by the Legislature in statute. In designating the state trunk highway system, the Legislature shall consider, but not be limited to, the following primary factors: (1) Highways which are functionally classified as arterials as…
SDCL § 31-4-13 Official map of system--Alterations or additions
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The Department of Transportation shall prepare and maintain in its offices at Pierre an official map of the State of South Dakota showing the exact location of the state trunk highway system as created in this chapter. Any alteration or addition to the system shall be entered upo…
SDCL § 31-4-130 State Highway 10 from Pollock to Minnesota
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The state trunk highway system includes the following in Campbell, McPherson, Brown, Marshall, and Roberts counties: (1) From a point on State Highway 1804 near the north line of section twenty - one, township one hundred twenty - eight north, range seventy - eight west, thence n…
SDCL § 31-4-131 State Highway 11 from Elk Point to Minnesota
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The state trunk highway system includes the following in Union, Lincoln, and Minnehaha counties: (1) From a point on Franklin Street near Elk Point near Interstate Highway 29 Business Loop, thence northerly via Elk Point to State Highway 50 north of Elk Point; (2) From a point on…
SDCL § 31-4-132 U.S
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Highway 12 from North Dakota to Minnesota. The state trunk highway system includes the following in Perkins, Corson, Walworth, Edmunds, Brown, Day, Roberts, and Grant counties: From the North Dakota state line on the north line of section twenty - one, township twenty - three nor…
SDCL § 31-4-133 State Highway 13 from State Highway 34 to U.S
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Highway 14. The state trunk highway system includes the following in Moody and Brookings counties: From a point on State Highway 34 south of Flandreau near the southwest corner of section three, township one hundred six north, range forty - eight west, thence northerly via Flandr…
SDCL § 31-4-134 U.S
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Highway 14 from Interstate Highway 90 to Minnesota. The state trunk highway system includes the following in Pennington, Jackson, Haakon, Stanley, Hughes, Hyde, Hand, Beadle, Kingsbury, and Brookings counties: From a point on Interstate Highway 90 east of Wall near the center of …
SDCL § 31-4-135 U.S
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Highway 14 Alternate from Interstate Highway 90 at Spearfish via Lead-Deadwood to Interstate Highway 90 at Sturgis. The state trunk highway system includes the following in Lawrence and Meade counties: From a point on Interstate Highway 90 in the southeast quarter of section thir…
SDCL § 31-4-136 U.S
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Highway 14 bypass at Brookings. The state trunk highway system includes a highway in Brookings County stretching from a point on U.S. Highway 14 west of the city of Brookings, thence easterly via Brookings to U.S. Highway 14 east of Brookings. Source: SL 1984, ch 209 , § 9; SL 20…
SDCL § 31-4-137 State Highway 15 from State Highway 28 to Interstate Highway 29
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The state trunk highway system includes the following in Deuel, Grant, and Roberts counties: (1) From a point on State Highway 28 west of Toronto near the southwest corner of section twenty - three, township one hundred thirteen north, range forty - nine west, thence north via Cl…
SDCL § 31-4-138 U.S
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Highway 16 from Wyoming to Interstate Highway 190. The state trunk highway system includes the following in Custer and Pennington counties: From a point on the Wyoming state line on the west line of section thirty, township three south, range one east, thence easterly and northea…
SDCL § 31-4-139 U.S
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Highway 16 Alternate from U.S. Highway 16 at Custer via Keystone to U.S. Highway 16. The state trunk highway system includes the following in Custer and Pennington counties: From a point on U.S. Highway 16 in Custer near the northeast corner of section twenty - six, township thre…
SDCL § 31-4-139.1 U.S
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Highway 16B from U.S. Highway 16 to Interstate Highway 90. The state trunk highway system includes the following in Pennington County: From a point on U.S. Highway 16 near the east - west quarter line of section twenty - six, township one north, range seven east, thence east and …
SDCL § 31-4-14 Control and supervision of system by department
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All marking, surveying, construction, repairing, and maintenance of the state trunk highway system is under the control and supervision of the department. The department shall administer the laws relative thereto. Source: SL 1919, ch 333 , § 51; SDC 1939, § 28.0211; SL 1957, ch 1…
SDCL § 31-4-14.1 Restriction or closing of highway by secretary of transportation and secretary of public safety due to inclement weather
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The secretary of transportation and the secretary of public safety may restrict the use of any state trunk highway if they agree the restriction of use or closing is necessary for the protection and safety of the public due to inclement weather. Source: SL 1980, ch 208 , § 1; SL …
SDCL § 31-4-14.2 Notice of closure or use restriction
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Notice to the public that a state trunk highway is closed or its use is restricted shall be given in one or more of the following forms: (1) Erection of suitable barriers upon the highway to restrict or prohibit travel; (2) Issue warning and notice of the condition of the highway…
SDCL § 31-4-14.3 Failure to observe notice of closure or use restriction as misdemeanor--Violators subject to action for civil penalty and cost of rescue
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Any person who fails to observe any sign, marker, warning, notice or direction, or barrier placed or given under § 31-4-14.2 is guilty of a Class 2 misdemeanor. Any unauthorized presence on a closed highway is evidence of a violation of this section. If, as a result of a knowing …
SDCL § 31-4-14.4 Restriction of use of state trunk highways through highway work zones
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The secretary of the Department of Transportation, after consultation with the secretary of the Department of Public Safety, may restrict the use of any state trunk highway through a highway work zone by any vehicle or class of vehicle, if the restriction is necessary for the pro…
SDCL § 31-4-14.5 Minimum maintenance road designation--Opportunity for public input--Maintenance level required
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The Transportation Commission may designate, by rules promulgated pursuant to chapter 1-26 , a segment of the state trunk highway system as a minimum maintenance road if the commission determines that the segment is used only occasionally or intermittently for passenger or commer…
SDCL § 31-4-14.6 Signs required on minimum maintenance roads--Travel at driver's risk--Sign as evidence of adequate notice
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The Department of Transportation shall post signs on a minimum maintenance segment of road to notify motor vehicle drivers that it is a minimum maintenance segment and that travel on the road is at the driver's own risk. The signs shall be posted at the entry points to and at reg…
SDCL § 31-4-140 State Highway 17 from State Highway 44 to 278th Street in Lincoln County
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The state trunk highway system includes the following in Lincoln County: From a point on State Highway 44 at Lennox near the southwest corner of section thirty-three, township ninety-nine north, range fifty-one west, thence north via Lennox to a point fifty feet south of the cent…
SDCL § 31-4-141 U.S
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Highway 18 from Wyoming to Iowa. The state trunk highway system includes the following in Fall River, Oglala Lakota, Bennett, Todd, Tripp, Gregory, Charles Mix, Douglas, Hutchinson, Turner, and Lincoln counties: (1) From a point on the Wyoming state line near the northwest corner…
SDCL § 31-4-142 Repealed
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Source: SL 1984, ch 209 , § 15; SL 2021, ch 123 , § 3.
SDCL § 31-4-143 State Highway 19 from Nebraska to State Highway 34
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The state trunk highway system includes the following in Clay, Turner, Minnehaha, and Lake counties: (1) From a point on the Nebraska state line south of Vermillion, thence northerly via Vermillion to State Highway 46 south of Centerville; (2) From a point on State Highway 46 eas…
SDCL § 31-4-144 State Highway 19 Alternate from State Highway 46 via Centerville to State Highway 19
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The state trunk highway system includes the following in Turner County: From a point on State Highway 46 south of Centerville near the southwest corner of section thirty - five, township ninety - six north, range fifty - two west, thence north and west via Centerville to State Hi…
SDCL § 31-4-145 State Highway 20 from Montana to Minnesota
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The state trunk highway system includes the following in Harding, Perkins, Ziebach, Dewey, Corson, Walworth, Potter, Faulk, Spink, Clark, Codington, and Grant counties: (1) From a point on the Montana state line southwest of Camp Crook in section seven, township eighteen north, r…
SDCL § 31-4-146 State Highway 21 from State Highway 28 to U.S
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Highway 81. The state trunk highway system includes the following in Hamlin County: From a point on State Highway 28 at Lake Norden near the south line of section seventeen, township one hundred thirteen north, range fifty - three west, thence northerly and east via Hayti to U.S.…
SDCL § 31-4-147 State Highway 22 from U.S
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Highway 212 to Minnesota. The state trunk highway system includes the following in Hamlin and Deuel counties: (1) From Hazel to U.S. Highway 81 south of Watertown near the northeast corner of section nineteen, township one hundred fifteen north, range fifty - two west; (2) From a…
SDCL § 31-4-148 State Highway 25 from State Highway 50 to North Dakota
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The state trunk highway system includes the following in Bon Homme, Hutchinson, Hanson, Miner, Kingsbury, Clark, Day, Marshall, and Roberts counties: (1) From a point on State Highway 50 east of Tyndall thence north via Scotland to U.S. Highway 18; (2) From a point on State Highw…
SDCL § 31-4-149 State Highway 26 from State Highway 47 to U.S
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Highway 281. The state trunk highway system includes the following in Sully, Hyde, Hand, and Spink counties: (1) From a point on State Highway 47 north of Highmore near the northwest corner of section thirteen, township one hundred fifteen north, range seventy - two west, thence …
SDCL § 31-4-15 Repealed by SL 2010, ch 145 , § 24
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31-4-15.1 Fishing, jumping, or diving from bridge prohibited--Violation as misdemeanor. 31-4-15.2 Fishing from bridge--Signs. 31-4-16 31-4-16 to 31-4-129. Repealed by SL 1968, ch 123 , § 2; SL 1982, ch 220 , § 1; SL 1983, ch 225 , §§ 2-4 , 6-8 , 10, 14, 15, 18, 19, 25-29, 31, 32,…
SDCL § 31-4-15.1 Fishing, jumping, or diving from bridge prohibited--Violation as misdemeanor
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No person may fish, jump, or dive from a bridge on the state trunk highway system except as provided in §
SDCL § 31-4-15.2 Fishing from bridge--Signs
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The Transportation Commission may by rules promulgated pursuant to chapter 1-26 allow persons to fish from a bridge on the state trunk highway system. If such a rule is promulgated the bridge shall be signed to indicate that fishing is allowed from the bridge. Source: SL 1987, ch…