31-5-1. Duty of department to maintain and repair state highways. The Department of Transportation shall maintain, and keep in repair, all highways or portions of highways, including the bridges and culverts, on the state trunk highway system. Source: SL 1923, ch 285; SDC 1939, §28.0211; SL 1965, ch 132; SL 1984, ch 207, §24; SL […]
31-5-10. Improvements to trunk system–Manner of advertising for bids–Letting of contract–Rules. For a highway improvement on the trunk highway system, the work contemplated shall be delivered to contract by one of the following methods, in accordance with the provisions of this chapter: (1)Design-bid-build; (2)Indefinite delivery and indefinite quantity; or (3)Emergency procurement. Contracts for all road […]
31-5-10.1. Design-bid-build. If construction plans and specifications for a highway improvement project have been completed by the Department of Transportation, the project may be advertised for bids and awarded to the bidder with the lowest responsive bid unless the bid is rejected by the Transportation Commission. Source: SL 2021, ch 124, § 2.
31-5-10.2. Indefinite delivery and indefinite quantity. For a potential future highway improvement or repair involving an indefinite quantity of a service for a fixed time, the department may contract for the service using indefinite delivery and indefinite quantity contracting if the following conditions are met: (1)The request for proposals for the contract includes: (a)The scope […]
31-5-10.3. Emergency procurement. The department may contract for a highway improvement service by emergency procurement without advertising the procurement if there exists a threat to public health, welfare, or safety or for any other urgent and compelling reason. Failure to abide by the bid provisions of this chapter in a timely manner is not an […]
31-5-11. Improvements to trunk system–Payments upon estimates approved by department–Vouchers. Payments from all funds made available for road and bridge construction contracts for the trunk highway system shall be made from time to time by the state treasurer upon estimates approved by the department. Upon partial payments made upon signed contracts, the approval of the […]
31-5-19. Historic and prehistoric remains of state–Contract for preservation. To more effectually preserve the historical, archaeological, and paleontological remains of the state, the department may enter into agreements with the appropriate agencies of the state charged with preserving historical, archaeological, and paleontological remains to have these agencies remove and preserve such remains disturbed or to […]
31-5-20. Interstate agreements for rest and recreation areas. The Department of Transportation may enter into cost-sharing agreements with adjacent states for the land acquisition, construction, and operation of rest and recreation areas and rest and recreation facilities on or near state lines. Source: SL 1971, ch 180.
31-5-21. Mowing of ditches on state trunk highway–Rules–Priority to abutting landowner. The Transportation Commission may, by rules promulgated pursuant to chapter 1-26, authorize the mowing of ditches on the state trunk highway system. The rules shall establish when mowing may be done, by whom mowing may be done, how and where mowing may be done, […]
31-5-22. Violation of rules authorizing mowing of ditches as misdemeanor. Any person who violates any of the rules authorized pursuant to §31-5-21 is guilty of a Class 2 misdemeanor. Source: SL 1975, ch 192, §2; SL 2004, ch 192, §2.
31-5-23. Consultation with first and second class municipalities and counties on construction or conversion of maintenance facilities–Sharing facilities. Before funds authorized by the Legislature for the construction or acquisition of district highway maintenance facilities are used, the Department of Transportation shall meet with the local governing bodies of the counties and first and second class […]
31-5-24. Written agreements required for joint use of maintenance facilities. Written agreements as provided in §1-24-3, between the Department of Transportation and the local governing bodies shall be executed before joint use is initiated, and shall specify the joint use areas and how the costs are to be shared. Source: SL 1981, ch 224, §2.
31-5-25. Consultation prerequisite to construction or acquisition of facilities. Expenditures authorized by the Legislature for construction or acquisition of district highway maintenance facilities shall be contingent upon completing the procedure described in §31-5-23. However, nothing in §§31-5-23 to 31-5-26, inclusive, prohibits the Department of Transportation from constructing highway maintenance shops if the negotiations with the […]
31-5-26. Supervision of design and construction of joint facilities. The design and construction of a joint facility is under the supervision of the state engineer, as provided in §5-14-2, is subject to the approval of the Transportation Commission and the governing body of the involved unit of government. Source: SL 1981, ch 224, §4.
31-5-5. Contracts with counties for completion and improvement of trunk highways. The department may enter into an agreement with any county to provide that each may perform work or submit monetary contributions for the completion or improvement of a certain part of the state trunk highway within the county. Source: SL 1923, ch 285; SDC […]
31-5-8. Moneys to be expended on highways and expenses of commission–Loans to local government highway jurisdictions. All moneys levied and collected by the state by general state taxation for state highway purposes, or received from the sale of bonds, or appropriated for state highway purposes, shall be expended only in the laying out, marking, constructing, […]
31-5-8.1. Expenditures for roads in state parks and recreation areas. To facilitate the use of areas with scenic, historical, and recreational values by our citizens and visitors to the state, the Transportation Commission may expend funds for roads in state parks and recreational areas under the jurisdiction of the Department of Game, Fish and Parks […]
31-5-8.3. Annual winter safe highway maintenance plan. The State Transportation Commission shall each year establish a winter safe highway maintenance plan. The plan shall provide for the snow removal, sanding, and deicing of the state trunk highway system to provide safe highways during cold weather months. Source: SL 1988, ch 233, §3; SL 1989, ch […]
