31-29-63. Advertising prohibited within specified distances of main-traveled way--Exceptions.
No outdoor advertising may be erected within six hundred sixty feet of the nearest edge of the right-of-way and visible from the main-traveled way or beyond six hundred sixty feet of the nearest edge of the right-of-way visible from the main-traveled way, located outside an urban area and erected with the purpose of its message being read from the main-traveled way of the interstate or primary systems except the following:
(1)Directional and official signs and notices, as defined by subdivision 31-29-62(6);
(2)Signs, displays, and devices advertising the sale or lease of property upon which they are located;
(3)Signs, displays, and devices advertising activities conducted on the property upon which they are located;
(4)Signs, displays, and devices located in areas which are designated industrial or commercial by local authority as provided by Title 11 and within six hundred sixty feet of an interstate or primary highway;
(5)Signs, displays, and devices located in unzoned industrial or commercial areas as provided by this chapter and within six hundred sixty feet of an interstate or primary highway;
(6)Signs, including both official public, and private business signs, for which the department shall make a uniform charge, giving specific information in the interest of the traveling public located within the rights-of-way of the interstate and primary systems in areas at appropriate distances from interchanges or intersections on such systems, the location of which shall be determined by the department, any provision of chapter 31-28 or of this chapter to the contrary notwithstanding;
(7)Signs lawfully in existence on October 22, 1965, determined by the State Transportation Commission to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this chapter;
(8)Warning signs placed by public utilities for the protection of underground utility cables; or
(9)Signs, displays, and devices advertising the distribution of nonprofit organizations of free coffee to individuals traveling on the interstate system or the primary system. For the purposes of this subdivision, the term, free coffee, includes coffee for which a donation may be made, but is not required.
Source: SL 1966, ch 87, §3; SL 1967, ch 118, §3; SDCL §31-29-19; SL 1973, ch 192, §4; SL 1975, ch 195, §2; SL 1977, ch 246, §3; SL 1979, ch 202, §8; SL 2010, ch 145, §156; SL 2021, ch 128, § 8.
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.