31-29-62. Definition of terms.
Terms used in this chapter mean:
(1)"Abandoned sign," a sign or sign structure that is blank, obliterated or displays obsolete advertising material for a period in excess of twelve continuous months;
(2)"Advertising area," the area of the sign face including border and trim, but not supports or aprons;
(3)"Blank sign," a sign that is void of advertising material;
(4)"Department," the South Dakota State Department of Transportation;
(5)"Directional information," route markers, mileage markers, directions to on-site location and information sufficient to guide a traveling motorist to a specific facility;
(6)"Directional sign," a sign designated, described and authorized by 23 U.S.C. §131(c)(1) and the rules and regulations promulgated thereunder as of July 1, 1979;
(7)"Information center," an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the Department of Tourism may consider desirable;
(8)"Interstate system," that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, by the state Department of Transportation and approved by the United States secretary of transportation, pursuant to the provisions of Title 23, United States Code;
(9)"Obliterated sign," a sign that is totally or partially painted out so as not to identify a particular product, service or facility;
(10)"Obsolete advertising material," material advertising a product or service no longer in use or available;
(11)"On-premise sign," a sign identifying an establishment's activities, products or services conducted or available on the property upon which it is located and signs advertising the sale or lease of the property upon which they are located;
(12)"Outdoor advertising," any outdoor sign, display, device, light, figure, drawing, painting, message, plaque, poster, or billboard, which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary systems;
(13)"Primary system," that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the state department of transportation, and approved by the United States secretary of transportation, pursuant to the provisions of Title 23, United States Code;
(14)"Quadrant of an interstate interchange," one of the four quarters created by the intersection of an interstate highway and a crossroad that is not part of the interstate system;
(15)"Safety rest area," an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public;
(16)"Service road," a graded and surfaced road providing public access to property within two thousand five hundred feet of an interstate highway centerline;
(17)"Specific or defined area," an economic area that would suffer substantial economic hardship by the removal of any directional sign, display, or device, providing directional information about goods and services in the interest of the traveling public;
(18)"Tourist oriented directional sign, display or device providing directional information about goods and services in the interest of the traveling public," any sign, display, or device giving directional information pertaining to rest stops, food services, lodging, campgrounds, gasoline and automotive services, and natively produced handicraft goods, and informing the traveling public of highway route mileage and site location and reference. Such directional information shall be in existence on such signs as of May 5, 1976;
(19)"Urban area," as defined by 23 U.S.C. §101; and
(20)"Zoned commercial or industrial areas," those areas which are zoned commercial or industrial pursuant to Title 11.
Source: SL 1977, ch 246, §2; SL 1979, ch 202, §6; SL 1986, ch 240, §1; SL 1991, ch 235, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §59; SL 2011, ch 1 (Ex. Ord. 11-1), §91, eff. Apr. 12, 2011; SL 2018, ch 169, §3; SL 2021, ch 128, § 7.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 29 - Highway Beautification And Regulation Of Advertising
Section 31-29-1 - Billboards near cemetery--Violation as misdemeanor.
Section 31-29-2 - Obstruction of highway or to vision--Violation as misdemeanor.
Section 31-29-12 - Rest areas and facilities--Commercial accommodations prohibited.
Section 31-29-60 - Compensation for removal of nonconforming signs--Federal contributions.
Section 31-29-61 - Legislative policy on outdoor advertising along interstate and primary highways.
Section 31-29-62 - Definition of terms.
Section 31-29-63.2 - Abandoned sign--Determination.
Section 31-29-63.3 - "Available for lease" and public service messages.
Section 31-29-63.4 - On-premise signs.
Section 31-29-65 - Size standards and criteria.
Section 31-29-66 - Lighting standards and criteria.
Section 31-29-67 - Spacing standards and criteria.
Section 31-29-67.1 - Maintenance of signs.
Section 31-29-69 - Blanket prohibition by local authority not authorized--Reasonableness required.
Section 31-29-71 - Permit required to maintain sign--Sign without permit as nuisance--Abatement.
Section 31-29-71.1 - Fee for permit--Exception.
Section 31-29-71.2 - Duration of permit--Renewal--Fee in lieu of property tax.
Section 31-29-71.3 - Disposition of fee revenue.
Section 31-29-71.4 - Certain signs exempt from permit requirement.
Section 31-29-71.5 - Municipal signs exempt from permit requirement.
Section 31-29-71.6 - Conforming permit.
Section 31-29-71.7 - Nonconforming permit.
Section 31-29-71.12 - Criteria for outdoor advertising--Zoned commercial adjacent to primary system.
Section 31-29-71.13 - Commercial or industrial activity.
Section 31-29-71.14 - Applications for permits--Forms provided.
Section 31-29-72.2 - Priority in removal of advertising.
Section 31-29-73 - Takings requiring compensation.
Section 31-29-73.1 - Highway fund used to pay for signs removed.
Section 31-29-80.1 - Directional sign program.
Section 31-29-80.2 - Funding of directional sign program.
Section 31-29-80.3 - Standards for directional signs submitted to federal government--Rules.
Section 31-29-80.4 - Procedure for authorizing directional signs--Compliance with rules.
Section 31-29-80.5 - Attraction defined.
Section 31-29-82 - Repair of sign permitted until actual removal--Maximum expenditure.