S.D. Admin. R. 70:04:05.01:01 - Construction and maintenance of utility facilities within the interstate right-of-way

All longitudinal installations within the interstate right-of-way are prohibited except for longitudinal installations of fiber-optic telecommunications cable if the facility is located as near the right-of-way line as practicable. However, the department may approve longitudinal utility attachments to structures over major bodies of water where other utility crossings are impractical, result in excessive costs, or are otherwise unique and unusual. The department may also approve longitudinal installations if the permittee is a governmental entity, the utility facility is a gravity flow sewer line or a water line, and other locations would result in excessive costs or are impractical as determined by the region engineer.

No access from the main roadway of the interstate highway is permitted for construction or maintenance of utility facilities in the interstate right-of-way except as follows:

(1) Motor vehicles and equipment may use frontage roads and the unsurfaced portions of the right-of-way to construct and maintain utility facilities provided they obtain ingress and egress from other than the main roadway of the interstate highway;

(2) In time of disaster or emergency, where ingress or egress as described in subdivision (1) of this section is temporarily impossible, the surfaced area of the right-of-way may be used to approach the distressed facilities and the surfaced shoulder may be used for temporary parking, provided the region engineer receives prior notification and provisions for the safety of the general traveling public are made;

(3) Where damaged utility lines or facilities are a danger to the life or property of the general traveling public, access to them may be had by the most expeditious route. The repair must be done in a manner that will provide the traveling public with maximum possible safety. The utility shall give notice of the situation to the highway patrol and the region engineer as soon as possible under the circumstances.

Notes

S.D. Admin. R. 70:04:05.01:01

SL 1975, ch 16, § 1; 11 SDR 22, effective 8/12/1984; transferred from § 70:01:08:18, 11 SDR 112, effective 2/25/1985; transferred from § 70:01:08:31, effective 11/1/1986; 13 SDR 129, 13 SDR 134, effective 7/1/1987; transferred from § 70:04:05:10, 15 SDR 185, effective 6/4/1989; 21 SDR 61, effective 9/19/1994; 23 SDR 180, effective 5/1/1997; 24 SDR 24, effective 9/3/1997.

General Authority: SDCL 31-26-22.

Law Implemented: SDCL 31-26-3, 31-26-22.