(House Bill 1156)
An Act to revise provisions regarding weed removal along highways.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 31-31-2 be AMENDED:
31-31-2. The owner or occupant of any land abutting or adjoining upon township roads shall cut, remove, or destroy or cause to be cut, removed, or destroyed, grass, weeds, trees, crops, and brush growing on or in the right‑of‑way of such roads, provided that such roads are left in such condition that any and all undergrowth thereby or thereon can be cut with a mower. A violation of this section is a petty offense.
Section 2. That § 31-31-3 be AMENDED:
crops, or brush
referred to in §§ 31-31-1
must be cut,
removed, or destroyed between the first day of September and the
first day of October of each year, or between dates annually fixed by
the board of supervisors.
Section 3. That § 31-31-5 be AMENDED:
31-31-5. If the owner or occupant of land abutting upon or adjoining township roads does not cut, remove, or destroy, or cause to be cut, removed, or destroyed, the grass, weeds, trees, crops, or brush in the right‑of‑way of such roads between the first day of September and the first day of October, or between the dates annually fixed by the board, the board of supervisors of the township in which the land is located may employ a person or persons to immediately cut and remove the grass, weeds, trees, crops, and brush on or in the right‑of‑way of such township roads with compensation at a rate to be fixed and paid by the board.
Section 4. That § 31-31-6 be AMENDED:
The voters at each
annual township election shall by majority vote determine whether the
amount paid for the cleanup of township roads pursuant to 31-31-5
must be paid
for by the landowner or the township. If the vote is to have the
landowner pay, the amount
certified by the township clerk to the county auditor not later than
November first of the same year. The amount
extended on the tax list in a separate column headed "Removal or
destruction of grass, weeds, crops,
and brush on
must become a
tax on the land adjoining the highway where the grass, weeds, crops,
and brush were
cut or removed and
collected as other taxes. If the vote is to have the township pay,
the cost of cutting and removal of grass, weeds, crops,
must be paid
out of township funds without extending such cutting and removal
costs on the tax lists as tax on the land of the adjoining township
Signed March 24, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.