State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
SENATE BILL NO. 116
Introduced by: Senators Fryslie, Begalka, Frerichs, Hansen (Tom), Hundstad, and Vehle and
Representatives Rozum, Hickey, Kirkeby, Rausch, Scott, Sigdestad, and
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the township road
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-13-1 be amended to read as follows:
31-13-1. The board of township supervisors shall construct, repair, and maintain all of the
roads within the township.
The board shall, at its annual meeting, designate
which secondary roads are full maintenance roads and which are minimum maintenance roads.
The board of township supervisors shall publish any resolution designating a secondary road as
minimum maintenance if such road is a school route. The designation shall be final, after a lapse
of thirty days, unless appealed as provided in chapter 31-3. The township road system consists
of section line roads, judicially declared roads, and any other public roads designated by
resolution of the board as being on the township road system. A road may only be vacated
through the process specified in chapter 31-3. Before a road may be added to the township road
system, it shall meet the minimum requirements specified in §§ 31-18-2 and 31-13-4, unless the
board, by resolution, waives this requirement.
Section 2. That § 31-13-1.1 be amended to read as follows:
31-13-1.1. The board of township supervisors may designate a
secondary township road
within the township as a minimum maintenance road if the board determines that the road or
a segment of the road is used only occasionally or intermittently for passenger and commercial
travel. The board shall identify the beginning and end points of the road designated as minimum
maintenance. A minimum maintenance road may be maintained at a level less than the
minimum standards for full maintenance roads, but shall be maintained at the level required to
serve the occasional or intermittent traffic.
Section 3. That chapter 31-13 be amended by adding thereto a NEW SECTION to read as
The board shall, at its annual meeting, designate which township roads are full maintenance
roads and which are minimum maintenance roads. The board of township supervisors shall
publish any resolution designating a township road as minimum maintenance if the road is a
school route. The designation is final, after a lapse of thirty days, unless appealed as provided
in chapter 31-3. Following its annual meeting, the board shall submit to the county auditor an
official map showing each road on the township road system, including any road designated as
a minimum maintenance road.
Section 4. That § 31-13-13 be amended to read as follows:
31-13-13. The board of supervisors of any township may jointly contract with the county of
township is a part, and also with any municipality within or adjoining
township, for the laying out, construction, graveling, hard surfacing, or maintenance of
designated township roads. The agreement shall designate the governing board to be charged
with contracting for performance of the work, provide for supervision of the work and allocate
the costs between the units of government participating. The board of township supervisors may
also contract with any other political subdivision, homeowners' association, or rural subdivision
developer to perform maintenance work on any road that is not on the township road system.
Maintenance work performed on a road under contract does not imply dedication or acceptance
of the road to the township road system.