S.D. Admin. R. 70:09:02:02

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

Section 70:09:02:02 - Variance from access-location criteria

The area engineer may grant a variance from the access-location criteria in § 70:09:02:01. The granting of the variance shall be in harmony with the purpose and intent of this chapter. No variance may be considered until other feasible options for meeting access-location criteria are explored. Any applicant for a variance from these criteria shall provide proof of unique or special conditions that make strict application of the provisions impractical. This shall include proof that:

(1) Reasonably convenient access cannot otherwise be obtained;

(2) No feasible engineering or construction solutions can be applied to mitigate the condition; and

(3) No alternative access is available from a street other than the primary roadway.

No variance may be granted, unless a strict application of access-location criteria would deny reasonably convenient access or would endanger public health, welfare, and safety. A variance from local access-location criteria must be granted by the local jurisdiction prior to the department's consideration of the variance if the department has deferred to more stringent local criteria. This section does not apply if the department has acquired access rights through gift, purchase, or condemnation.

S.D. Admin. R. 70:09:02:02

29 SDR 66, effective 11/18/2002.

General Authority: SDCL 11-3-12.2.

Law Implemented: SDCL 11-3-12.2.