Title 31, HIGHWAYS AND BRIDGES

All signs, displays, or devices legally erected and maintained within the control zones established pursuant to this chapter and those signs, displays, or devices that are nonconforming to the controls established pursuant to this chapter may not be maintained unless a permit is …

Any application for the permit required by § 31-29-71 shall be accompanied by the fee specified by the following schedule: (1) If the advertising area does not exceed one hundred square feet, the fee is sixteen dollars; (2) If the area exceeds one hundred square feet but does not…

Any zoned commercial or industrial area in a quadrant of an interstate interchange which has service road access within two thousand five hundred feet of the interstate or has an existing commercial or industrial activity in that quadrant is acceptable for outdoor advertising pur…

Any zoned commercial or industrial area adjacent to the interstate within an incorporated municipality or further than one mile from an interstate interchange is acceptable for outdoor advertising purposes to the extent it is lawfully enacted by the local governmental unit and it…

Any zoned commercial or industrial area adjacent to the primary system is acceptable for outdoor advertising purposes to the extent it is lawfully enacted by the local governmental unit and it is within one mile of an incorporated municipality or within one mile of a commercial o…

For the purposes of this chapter, a "commercial or industrial activity" is an activity generally recognized as commercial or industrial by zoning authorities in the state except outdoor advertising structures; agricultural use including forestry, ranching, grazing, and farming; w…

Any applications for permits provided by § 31-29-71 shall be submitted on forms provided by the department. The department may require, with the application, supporting information such as, but not limited to, proof of ownership or proof of legal erection. Source: SL 1986, ch 240…

A permit obtained pursuant to § 31-29-71 shall be issued for one year with an effective date from October first through September thirtieth of the following year and shall be renewed annually upon the payment of the fee specified in § 31-29-71.1 without the necessity of a new app…

The funds collected under § 31-29-71.1 shall be placed in the state highway fund. Source: SL 1985, ch 236 , § 5.

Any sign, display, or device lawfully erected and maintained pursuant to the provisions of this chapter and included in the exceptions defined in subdivision 31-29-63(1), (2), (3), (6), (7), (8), (9), or (10) is exempt from the requirements of § 31-29-71 . Source: SL 1986, ch 240…

Any sign, display, or device located within the corporate limits of a municipality is exempt from the requirements of § 31-29-71 . Source: SL 1986, ch 240 , § 3.

The department may issue a conforming permit for a sign, display, or device erected within a zoned commercial or industrial area acceptable for outdoor advertising purposes as provided in §§ 31-29-71.8 to 31-29-71.12 , inclusive, or within an "unzoned commercial or industrial are…

The department may issue a nonconforming permit for a sign, display, or device lawfully erected and maintained prior to October 1, 1985, within a zoned commercial or industrial area not acceptable for outdoor advertising purposes as provided in §§ 31-29-71.8 to 31-29-71.12 , incl…

Any zoned commercial or industrial area adjacent to the interstate system that is located within one mile from an interstate interchange with a crossroad that is not part of the interstate system and that is outside an incorporated municipality is acceptable for outdoor advertisi…

Any zoned commercial or industrial area in a quadrant of an interstate interchange which has no service road access within two thousand five hundred feet of the interstate or no existing commercial or industrial activity in that quadrant is acceptable for outdoor advertising purp…

The Department of Transportation may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of signs, displays, and devices made nonconforming by the terms of §§ 31-29-61 to 31-29-83 , inclusive, which and insofar as their removal is required…

The secretary of the Department of Transportation shall establish a priority list to be followed in the removal of outdoor advertising pursuant to this chapter. The removal of directional information in the interest of the traveling public shall be the lowest priority on this lis…

Just compensation shall be paid under § 31-29-72 for the following: (1) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device, and severance damages as provided by § 31-29-72 ; and (2) The taking f…

The state highway fund may be used to pay just compensation as required pursuant to § 31-29-72 for outdoor advertising signs removed pursuant to this chapter. Source: SL 1979, ch 202 , § 11; SL 1985, ch 237 .

No outdoor advertising sign, display, or device may be removed by an amortization schedule, nor may its value be so determined, and the owners thereof and the owners of the real property on which the same are situated shall be guaranteed just compensation, including through conde…

The transportation commission shall promulgate rules, pursuant to chapter 1-26 , to provide for a directional sign program to provide directional information on the right-of-way on the interstate and primary highway system for any business establishment, including any attraction,…

The Department of Transportation may use federal aid interstate and primary funds and state highway funds to participate in the cost and erection of such signs. The department may also receive and expend money furnished by the firm whose name or logo is displayed on the sign to c…

The secretary of the Department of Transportation shall submit standards to the United States Department of Transportation for allowing off of the right - of - way directional and official signs as authorized pursuant to 23 U.S.C. § 131(c)(1) and 23 CFR, Part 750, Subpart (B). Th…

The secretary of the Department of Transportation shall establish a program whereby an individual who qualifies for the sign authorized pursuant to § 31-29-80.3 may petition for a location and be given clearance to erect a sign that conforms to the national standards for directio…

For the purposes of § 31-29-80.1 , the term, attraction, means a business establishment of regional significance with the primary purpose of providing amusement, historical, cultural, or leisure activity to the public and has restroom facilities and drinking water and adequate pa…

A sign, display, or device not required to be removed, or until the time of actual removal, may be used and may be repaired if the expense of ordinary and customary maintenance, does not exceed fifty percent of the depreciated value of the sign or if the same has not been damaged…

Nothing in §§ 31-29-61 to 31-29-83 , inclusive, authorizes the state or any political subdivision to operate or maintain, directly or indirectly, any commercial activity in any safety rest area or information center. This section does not apply to any commercial advertising or me…

For the purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the …

The department may expend funds for the purposes of regulation and control of junk yards adjacent to the interstate and primary systems in South Dakota from any highway funds under the jurisdiction of the department. Source: SL 1966, ch 88 , § 1; SL 1973, ch 192 , § 10; SL 2010, …

The department may enter into agreements with the United States secretary of transportation as provided by Title 23, United States Code, relating to the control of junk yards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to c…

Nothing in this chapter abrogates or affects the provisions of any lawful ordinance, regulation, or resolution, which is more restrictive than the provisions of this chapter. Source: SL 1966, ch 86 , § 10; SL 2010, ch 145 , § 171.

Terms in this chapter mean: (1) "Junk," old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material; (2) "Automobile grav…

No person may establish, operate, or maintain a junk yard, any portion of which is within one thousand feet of the nearest edge of the right - of - way of any interstate or primary highway, except the following: (1) Those which are screened by natural objects, plantings, fences, …

Any junk yard lawfully in existence on February 14, 1966, which is within one thousand feet of the nearest edge of the right - of - way and visible from the main - traveled way of any highway on the interstate or primary system, shall be screened, if feasible, by the Department o…

The Transportation Commission may adopt rules, pursuant to chapter 1-26 , governing the location, planting, construction, and maintenance, including the materials used in screening or fencing required by this chapter. Source: SL 1966, ch 86 , § 6; SL 1987, ch 210 , § 22.

If the department determines that the topography of the land adjoining the highway does not permit adequate screening of a junk yard or the screening of the junk yard would not be economically feasible, the department may acquire by gift, purchase, exchange, or condemnation in th…

If the department determines that it is in the best interest of the state, the department may acquire any land, or interests in land, as may be necessary to provide adequate screening of a junk yard. Source: SL 1966, ch 86 , § 7; SL 2010, ch 145 , § 166.

The department may acquire by gift, purchase, exchange, or condemnation from the owner, interest in any land necessary to secure the relocation, removal, or disposal of the following junk yards if it determines that the topography of the land adjoining the highway does not permit…

The department may apply for an injunction to abate any nuisance arising from a violation of the provisions of this chapter. Source: SL 1966, ch 86 , § 9; SL 2010, ch 145 , § 168.

The Department of Transportation and board of county commissioners of the various counties shall cut or remove, or cause to be cut or removed, grass, weeds, and brush growing within the right - of - way of all public highways within their respective jurisdiction and over which su…

The owner or occupant of any land abutting or adjoining upon township roads shall cut, remove, or destroy or cause to be cut, removed, or destroyed, grass, weeds, trees, crops, and brush growing on or in the right - of - way of such roads, provided that such roads are left in suc…

Grass, weeds, trees, crops, or brush referred to in §§ 31-31-1 and 31-31-2 must be cut, removed, or destroyed between the first day of September and the first day of October of each year, or between dates annually fixed by the board of supervisors. Source: SDC 1939, § 62.0201; SL…

The Department of Transportation and any board of county commissioners may employ the necessary assistance to carry out the necessary provisions of this chapter or may have the work done by the employees regularly employed by the department or the board. The department and the bo…

If the owner or occupant of land abutting upon or adjoining township roads does not cut, remove, or destroy, or cause to be cut, removed, or destroyed, the grass, weeds, trees, crops, or brush in the right - of - way of such roads between the first day of September and the first …

The voters at each annual township election shall by majority vote determine whether the amount paid for the cleanup of township roads pursuant to 31-31-5 must be paid for by the landowner or the township. If the vote is to have the landowner pay, the amount must be certified by …

Every person who intentionally digs up, removes, displaces, breaks, or otherwise injures or destroys any public highway or bridge, or any private way laid out by authority of law, or bridge upon such way, is guilty of a Class 6 felony. Source: PenC 1877, § 686; CL 1887, § 6875; R…