31-12-48. Designation of no maintenance highway--Removal of manmade obstruction.
For any highway or segment of a highway the board of county commissioners determines, after public notice, is used less than is required for designation as a minimum maintenance highway under §31-12-46, the board may designate the highway as a no maintenance highway. The board shall, by resolution, identify the beginning and end point of the highway or segment of a highway designated as no maintenance. The board does not have any responsibility or duty of care on a no maintenance highway designated under this section, except upon knowledge of a manmade obstruction, to require removal or remediation of the manmade obstruction if needed, to maintain public access.
Source: SL 2018, ch 172, §1; SL 2019, ch 128, §1.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 12 - County Highway Systems
Section 31-12-1 - Established highway systems perpetuated.
Section 31-12-2 - Change of county highway system--Order of Department of Transportation.
Section 31-12-5 - Supervision of construction, improvement, maintenance, and repair of system.
Section 31-12-6 - County system at expense of entire county--Tax levy.
Section 31-12-7 - Division of system into sections--Recording in county road book or database.
Section 31-12-8 - Survey and report by superintendent on condition of system and structures.
Section 31-12-9 - Survey, plans, specifications, and estimates for permanent improvements.
Section 31-12-11 - Commencement of construction work.
Section 31-12-12 - Small projects--Advertising, private contract, or county work permitted.
Section 31-12-13 - Large projects--Advertising for bids or built by day labor--Rejection of bids.
Section 31-12-14 - Deadline for bids--Advertisement--Rejection of bids.
Section 31-12-15 - Written contract--Performance bond.
Section 31-12-16 - Progress payments permitted.
Section 31-12-17 - Superintendent's approval of bills before payment.
Section 31-12-18 - Width of culverts.
Section 31-12-25 - Establishment of witness corners required--Violation as petty offense.
Section 31-12-26 - Responsibility for secondary roads in unorganized territory.
Section 31-12-27 - Tax levy for secondary roads in unorganized territory.
Section 31-12-41 - Contracts for county maintenance of streets and alleys in municipalities.
Section 31-12-42 - Vehicle license collections to be used outside municipalities.
Section 31-12-43 - Indemnity required for construction or survey work within road right-of-way.
Section 31-12-44 - Repairs for wind and water erosion assessed to private landowner.
Section 31-12-46 - Minimum maintenance roads established.
Section 31-12-47 - Posting notification of minimum maintenance road.
Section 31-12-48 - Designation of no maintenance highway--Removal of manmade obstruction.
Section 31-12-49 - Posting of signs along no maintenance highway.
Section 31-12-50 - No maintenance highway open to public access--No duty to maintain or improve.