49-32-1. Right-of-way over or under public grounds–Control by public authorities–Acquisition of right-of-way. The owners of any telecommunications facilities operated in this state are granted the right-of-way over or under lands and real property belonging to the state and the right to use public grounds, streets, alleys and highways in this state, subject to the control […]
49-32-10. Overhead high voltage line safety–Definition of terms. Terms as used in §§49-32-10 to 49-32-16, inclusive, unless the context otherwise requires, mean: (1)”High voltage,” a voltage in excess of seven hundred fifty volts between conductors or between any single conductor and the ground; (2)”Overhead lines or overhead conductors,” all bare or insulated electrical conductors installed […]
49-32-11. Activities bringing persons or equipment in proximity to high voltage lines prohibited–Violation as misdemeanor. No person may, individually or through an agent or employee, and no person as an agent or employee of another person, may perform or permit another to perform any function or activity if it is probable that during the performance […]
49-32-12. Storage or maintenance of equipment or structure in proximity to high voltage line prohibited–Violation as misdemeanor. No person may, individually or through an agent or employee, and no person as an agent or employee of another person, may store, operate, erect, maintain, move or transport any tools, machinery, equipment, supplies, materials, apparatus, house or […]
49-32-13. Warning signs to be posted on cranes and hoisting equipment–Violation as misdemeanor–Separate offenses. No person may, individually or through an agent or employee or as an agent or employee, operate a crane, derrick, power shovel, drilling rig, hoisting equipment or similar apparatus, any part of which is capable of lateral or swinging motion, unless […]
49-32-14. Notice to utility of necessary work in proximity to high voltage line–Protective measures–Violation as misdemeanor. If a person desires to carry on a function, activity, work or operation in closer proximity to a high voltage line or conductor than is permitted by §§49-32-11 and 49-32-12, or in such proximity that a function could reasonably […]
49-32-16. Activities exempt from high voltage safety requirements. Sections 49-32-10 to 49-32-14, inclusive, shall not be construed as applying to, nor shall they apply to: (1)Construction, reconstruction, operation, or maintenance of any high voltage overhead conductor, supporting structure or appurtenances for the support or operation of a high voltage conductor by persons authorized by the […]
49-32-17. Liability of violator. If a violation of this chapter results in physical or electrical contact with any high voltage line, the violator is liable to the owner or operator of such high voltage line for all damage to such facilities and for any liability incurred by such owner or operator as a result of […]
49-32-18. Electric transmission line defined. For the purposes of §§49-32-19 and 49-32-20, the term, electric transmission line, means any line connecting to existing electric transmission network facilities for conducting electric energy at a design voltage of one hundred fifteen kilovolts or greater phase to phase, other than a line solely for connecting an electric generation […]
49-32-19. Incumbent electric transmission owner defined. For the purposes of §49-32-20, the term, incumbent electric transmission owner, means an electric utility or public utility furnishing electric service in this state or wholesale rural electric cooperative whose owners furnish electric service in this state or a municipal power agency or a consumers power district organized pursuant […]
49-32-2. Malicious destruction of equipment–Misdemeanor–Civil liability. It is a Class 2 misdemeanor for any person to maliciously destroy, injure, disconnect, cut, break, ground, or in any manner interfere with telecommunications facilities, a pole, cable, or wire legally erected or strung, or with an underground conduit, subway, or cable or an electrical or other apparatus, appliance, […]
49-32-20. Right of incumbent electric transmission owner to construct and own electric transmission line to electric facilities–Notice–Permit application. Any incumbent electric transmission owner may construct, own, and maintain an electric transmission line that connects to facilities owned by the incumbent electric transmission owner. The right to construct, own, and maintain an electric transmission line that […]
49-32-3. Moving structures across or under utility’s lines–Notice to utility–Deposit for costs. Section 49-32-2 does not apply to the lawful moving of any structure along or across any public highway by a person who has used all necessary means to prevent injury to a utility’s lines and who: (1)Provides no less than forty-eight hours notice, […]
49-32-3.1. Required notice to telecommunications company–Planning meeting required. Any person, any political subdivision of this state, or any other public or private entity, however organized, that constructs, maintains, or operates a wind collector system for the purpose of producing electric energy shall, prior to the conclusion of planning for construction of any such project, notify […]
49-32-3.2.”Wind collector system” defined. As used in §§49-32-3.1 and 49-32-3.2, the term, wind collector system, means all power lines and associated equipment located between the first substation and the wind turbines that collect electricity and transmit it from the wind turbines to the first substation. Source: SL 2003, ch 239, §1.
49-32-4. Municipal regulation of movement of buildings or location of equipment. Nothing in §49-32-2 or 49-32-3 may be construed to deprive municipalities of the right to regulate by ordinance the moving of buildings, or the location of telecommunications facilities or electric lines or wires within their respective limits. Source: SDC 1939, §13.4520; SL 1987, ch […]
49-32-5. Minimum height of telecommunications facilities or wires–Violation as petty offense. It is a petty offense for a person owning or operating telecommunications facilities or electric lines, or any part of such facilities or lines in this state to intentionally extend telecommunications facilities or electric wires, any part of which is less than eighteen feet […]
49-32-6. Damages not collectible for destruction of facilities or wires under minimum height. No person owning or operating any telecommunications facilities or electric lines, or any part of such facilities or lines in this state, may collect damages from any person who cuts, breaks, removes, or otherwise destroys any such telecommunications facilities, or electric wires […]
49-32-8. Liability for negligence unaffected. Nothing contained in §§49-32-5 and 49-32-6 may be construed to exempt anyone owning or operating any telecommunications facilities, or electric lines in this state from liability for any damage or injury which anyone may sustain by reason of the faulty or negligent construction or maintenance of such telecommunications facilities, or […]
