S.D. Admin. R. 70:04:05:09

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

Section 70:04:05:09 - Criteria for protecting and enhancing the environment

Designated areas including scenic strips, overlooks, rest areas, recreation areas, public parks, and historic sites are subject to limited utility installations as follows:

(1) New underground utility installations may be permitted within the kinds of lands listed at the beginning of this section if they do not require extensive removal or alteration of trees or other natural features visible to the highway user and do not impair the visual quality of the lands being traversed;

(2) New aerial installations may be permitted by the region engineer at such locations only under the following circumstances:

(a) Other locations are unusually costly;

(b) Other locations are less desirable from the standpoint of visual quality;

(c) Undergrounding is not technically feasible or is unreasonably costly; and

(d) The proposed installation can be made visually pleasing.

S.D. Admin. R. 70:04:05:09

SL 1975, ch 16, § 1; 11 SDR 22, effective 8/12/1984; transferred from § 70:01:08:17, 11 SDR 112, effective 2/25/1985; transferred from § 70:01:08:30, effective 11/1/1986; 13 SDR 129, 13 SDR 134, effective 7/1/1987; 15 SDR 185, effective 6/4/1989.

General Authority: SDCL 31-26-22.

Law Implemented: SDCL 31-26-3, 31-26-22.