FOR AN ACT ENTITLED, An Act to clarify the maintenance responsibilities on unimproved
section lines.
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
township roads within the township
except for section lines designated as no maintenance
section lines pursuant to section 6 of this Act. The township road system consists of section line
roads; judicially declared roads; roads impliedly accepted by the township through routine
performance of certain maintenance activities, such as grading, graveling and snow removal,
and accepting funds from the county pursuant to §§ 32-11-4.1, 32-11-6, and 32-22-35 for a
period of at least fifteen years; and any other 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 the road 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 chapter 31-13 be amended by adding thereto a NEW SECTION to read as
follows:
The board of township supervisors may designate an unimproved section line not maintained
for vehicle travel as a no maintenance section line. The board shall identify the beginning and
end point of the section line designated as no maintenance. The board does not have any
responsibility on a no maintenance section line except to require removal or remediation of a
manmade obstruction, if needed, to maintain the public access.
Section 3. That chapter 31-13 be amended by adding thereto a NEW SECTION to read as
follows:
The board of township supervisors shall post signs on a no maintenance section line to
notify the motoring public that it is a no maintenance section line and that the public travels on
the section line at its own risk. The signs shall be posted at each entry point and at regular
intervals along a no maintenance section line. A properly posted sign is prima facie evidence
that adequate notice of a no maintenance section line has been given to the motoring public.