Title 31 — HIGHWAYS AND BRIDGES

The following are not on - premise signs: (1) A sale or lease sign which also advertises any product or service not located upon or unrelated to the business of selling or leasing the land on which the sign is located; or (2) A sign located upon any land which is not an integral …

On interstate highways or limited access primary highways outside municipalities, no outdoor advertising device may be located adjacent to or within five hundred feet of an interchange, intersection at grade or safety rest area. Such five hundred feet shall be measured along such…

The standards and criteria for size of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are: (1) The maximum area of any one sign facing any one direction shall be…

The standards and criteria for lighting of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are: (1) No revolving or rotating beam of light simulating an official …

The standards and criteria for spacing of outdoor advertising authorized to be erected and maintained in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are: (1) Within municipalities signs shall conform to any applicable bui…

All signs subject to provisions of this chapter shall be maintained structurally safe, clean, and in good repair by the sign owner. Violations are subject to the provisions of this chapter. Source: SL 1991, ch 235 , § 4.

If a local zoning authority recognized in Title 11 has made a determination of customary use, concerning the size, lighting, and spacing considerations, the determination shall be in lieu of controls in §§ 31-29-65 to 31-29-67 , inclusive. Source: SL 1977, ch 246 , § 6; SL 2010, …

Nothing in §§ 31-29-61 to 31-29-83 , inclusive, authorizes any local authority to prohibit outdoor advertising throughout its jurisdiction. However, any such regulation and control shall be reasonable and reasonably related to the needs of the business community to adequately and…

An "unzoned commercial or industrial area," in consideration of the advertising needs of remote rural businesses located outside of municipal corporate limits, shall mean the areas adjacent to an interstate or primary highway within this state which are not zoned by state or loca…

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 §

Any sign, display, or device located within the corporate limits of a municipality is exempt from the requirements of §

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…

31-29-72.2 Priority in removal of advertising. 31-29-73 Takings requiring compensation. 31-29-73.1 Highway fund used to pay for signs removed. 31-29-74

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 . 31-29-74. Repealed by SL 1979, ch 202 , §§ 12, 20

31-29-76 31-29-76 to 31-29-79. Repealed by SL 1979, ch 202 , § 20 31-29-80

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…

31-29-9 31-29-9 to 31-29-11. Repealed by SL 1979, ch 202 , § 20 31-29-12 Rest areas and facilities--Commercial accommodations prohibited. 31-29-13 Interest in land acquired--Acquisition by gift, purchase, exchange, or condemnation. 31-29-14

31-29-80.1 Directional sign program. 31-29-80.2 Funding of directional sign program. 31-29-80.3 Standards for directional signs submitted to federal government--Rules. 31-29-80.4 Procedure for authorizing directional signs--Compliance with rules. 31-29-80.5 Attraction defined. 31…

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…

31-29-83 Commercial activities in rest areas or information centers prohibited--Exceptions. 31-29-84 31-29-84 to 31-29-87. Repealed by SL 1991, ch 235 , §§ 6 to 9

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…

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. 31-30-13, 31-30-14. Repealed by SL 2010, ch 145 ,…

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.