S.D. Admin. R. 70:04:01:05

Current through Register Vol. 51, page 67, December 16, 2024

Section 70:04:01:05 - Facility criteria

The following are the criteria for facilities applying for a sign:

(1) Airports must have scheduled commercial service and must be within ten miles of the interchange serving the facility;

(2) Higher education facilities must be two-year or more degree-granting institutions and must be within 50 miles of the interchange serving the facility; however, those with an enrollment greater than 2,000 may be up to 75 miles from the interstate;

(3) Military bases must have a minimum of 5,000 employees and permanently assigned personnel and must be within three miles of the interchange serving the facility;

(4) Arenas and auditoriums must have a minimum of 9,000 seating capacity;

(5) Convention halls or Missouri River dams must have a minimum of 200 parking stalls;

(6) Fairgrounds, national historical sites, national parks, zoos, and stadiums must have a minimum annual attendance of 50,000 people; an additional 5,000 attendance per mile up to five miles from an interstate; an additional 10,000 attendance per mile from six to ten miles from an interstate; and an additional 50,000 attendance per mile for each mile over ten from an interstate;

(7) A highway patrol district office may not be located more than five miles from an interstate;

(8) Pari-mutuel race tracks must be licensed by the South Dakota commission on gaming to conduct dog or horse races for a minimum of 90 days annually and must be within five miles of the interchange serving the facility;

(9) Recreation areas, nature areas, and state parks must have a minimum annual attendance of 10,000 people and an additional 1,000 attendance per mile for each mile up to a maximum of 40 miles from an interstate. Parks and recreation areas must have camping and picnic areas available with drinking water and toilets;

(10) A fish hatchery must be state or federally operated and must be within 15 miles of the interchange serving the facility;

(11) Museums must be nonprofit as defined in 26 U.S.C.S. §§ 115 and 501(c) with a national, regional, or statewide significance; have a minimum annual attendance of 10,000 people; be located within 15 miles of the interstate; and be open year-round on a regular schedule, including weekends, no less than 45 hours a week;

(12) Tribal headquarters of a legally organized tribal government must be within 55 miles of the interchange serving the facility and must be open year-round, Monday through Friday, no less than 40 hours a week; and an Indian reservation boundary line must be within 25 miles of an interchange;

(13) State government cultural heritage complexes must be within 50 miles of the interchange serving the facility;

(14) State historic sites must be special local historical attractions open to the public that include historical plays or pageants associated with a historically significant person or event, be listed on the national and state registers of historic places, have a minimum annual attendance of 25,000, and be located within 55 miles of the interchange serving the facility;

(15) Cultural or religious sites must have cultural or religious significance that is portrayed by stage presentation, must be within two miles of the interchange serving the facility, must have a minimum of 6,000 seating capacity, and must have a minimum annual attendance of 70,000 people. The dominant attraction at such sites must be the edification and enjoyment of the traveling public and not tourist-oriented business;

(16) Veterans Administration hospitals must be located within 10 miles of an interchange serving the facility; and

(17) Geographical significant site reference centers must be for sites of national or state significance, must have public parking and restroom facilities, must be open to the public Monday through Friday for no less than 40 hours per week, and must be located within 50 miles of the interchange serving the center.

S.D. Admin. R. 70:04:01:05

6 SDR 50, effective 11/21/1979; 13 SDR 21, effective 8/27/1986; 13 SDR 26, effective 9/7/1986; transferred from

General Authority: SDCL 31-28-10.1.

Law Implemented: SDCL 31-28-10.1 to 31-28-10.3.