South Dakota Codified Laws
Chapter 26 - Utility Lines Along And Across Highways
Section 31-26-22 - Electrical lines, pipelines, communication lines and other utilities--Permits--Rules--Compliance with National Electrical Safety Code establishes due care in negligence claim.

31-26-22. Electrical lines, pipelines, communication lines and other utilities--Permits--Rules--Compliance with National Electrical Safety Code establishes due care in negligence claim.
The Transportation Commission may promulgate rules and the Department of Transportation may issue permits, to allow electrical lines, pipelines, communication lines and other utilities, including rural water service pipelines, whether above or below ground, to operate the facilities over, under, or along public grounds, streets, alleys and highways under its jurisdiction in this state. Any rule promulgated pursuant to this section shall set forth application and issuance of permit criteria and installation standards necessary to preserve a safe traffic environment, the appearance of the highway, and the efficiency and economy of highway maintenance and shall be promulgated pursuant to chapter 1-26. Proof of compliance with the requirements of the applicable National Electrical Safety Code standard establishes due care in the defense of a negligence claim alleging a violation of that standard.

Source: SL 1970, ch 166, §1; SL 1979, ch 199, §3; SL 1984, ch 207, §65; SL 1987, ch 210, §13; SL 2007, ch 261, §3.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 31 - Highways and Bridges

Chapter 26 - Utility Lines Along And Across Highways

Section 31-26-1 - Application to board of county commissioners to erect poles and wires or to bury cable for electricity and telephone--Period covered by application--Regulation by Legislature.

Section 31-26-2 - Exclusive grant prohibited.

Section 31-26-3 - Location of poles, fixtures or underground cable--Appeal to commission and circuit court--Procedure.

Section 31-26-4 - Change of line upon change of highway--Notice.

Section 31-26-5 - Lines or cable maintained in accordance with National Electrical Safety Code--Compliance establishes due care in negligence claim.

Section 31-26-6 - Negligent construction of lines--Inductive interference--Expense of correction--Burden of proof--Liability in absence of negligence--Lines properly constructed.

Section 31-26-7 - Telephone lines--Compliance with other statutes.

Section 31-26-8 - "Person" including other entities.

Section 31-26-9 - Noncompliance with requirements as petty offense.

Section 31-26-10 - Application to county auditor--Telephone lines excepted.

Section 31-26-11 - Contents of application--Central plant location--Route--Telephone lines.

Section 31-26-12 - Rural electrification lines throughout county--Definition of rural electrification.

Section 31-26-13 - Application presented to board of county commissioners--Notice of hearing.

Section 31-26-14 - Action by board--Period of delay.

Section 31-26-15 - Application granted--Adjustment with other utilities--Apportionment of costs--Telephone companies.

Section 31-26-16 - Conformity to public utilities commission order.

Section 31-26-17 - Appeal by aggrieved parties--Trial de novo--Appeal during vacation.

Section 31-26-18 - Change of route--Change by county board--Appeal--Procedure.

Section 31-26-19 - Minimum height of utility lines--Liability for damage to lines below minimum height.

Section 31-26-20 - Cost of adjusting lines to minimum height--Acquisition of new highway right-of-way--Items excluded from cost.

Section 31-26-21 - Liability for damage for negligent construction or maintenance of line.

Section 31-26-22 - Electrical lines, pipelines, communication lines and other utilities--Permits--Rules--Compliance with National Electrical Safety Code establishes due care in negligence claim.

Section 31-26-23 - Relocation or removal of electrical lines, communication lines, and pipelines--Procedural requirements.

Section 31-26-23.1 - Agreements with owners of utility lines and facilities for future relocation--Limitation.

Section 31-26-24 - Rural water pipelines covered by chapter.

Section 31-26-25 - Application for construction of rural water pipeline over, across, or under public highways--Countywide authorization.

Section 31-26-26 - Relocation of pipeline not required by highway change if owner and county board agree.

Section 31-26-27 - Municipal utility lines--Provisions applicable.