NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Lincoln County Board of Commissioners will hold a public hearing during a regular meeting on Tuesday, December 14, 2021, between 8:35 a.m. and adjournment at 104 North Main Street, Canton, to consider the adoption of an Ordinance of Lincoln County, SD, titled: An Ordinance to Establish Access Permit Fees for Accesses Abutting a Lincoln County, South Dakota, Road Under the Jurisdiction of the Lincoln County Highway Superintendent. The public hearing is open to all interested parties. Anyone unable to attend the public hearing may submit written comments to the Lincoln County Auditor at 104 N. Main, Ste. 110, Canton, SD 57013. Written comments will be reported to the County Commission on the date of the hearing. Individuals needing special accommodations are asked to contract the Lincoln County Auditor at least 48 hours prior to the hearing.
Lincoln County Auditor
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ORDINANCE NO. __________________
AN ORDINANCE TO ESTABLISH ACCESS PERMIT FEES FOR ACCESSES ABUTTING A LINCOLN COUNTY, SOUTH DAKOTA ROAD UNDER THE JUSRISDICTION OF THE LINCOLN COUNTY HIGHWAY SUPERINTENDENT. BE IT ORDAINED BY LINCOLN COUNTY, SOUTH DAKOTA:
ARTICLE I. NEW ACCESS AND EXISTING ACCESS MODIFICATIONS PROHIBITED
No one may construct or modify an access abutting a Lincoln County road unless the landowner has first obtained an approved access permit from the Lincoln County Highway Superintendent.
ARTICLE II. NEW ACCESS AND EXISTING ACCESS PERMITS AUTHORIZED
The Lincoln County Highway Superintendent may issue and approve an access permit abutting a Lincoln County road. The permit is only valid for Lincoln County roads under the authority of the Lincoln County Highway Superintendent. An application for a permit must be made at least two-weeks in advance. Incomplete applications will not be approved. The permit shall be issued by email and will expire within 180 days of approval. The permit may be suspended, revised, and/or revoked at any time at the discretion of the Lincoln County Highway Superintendent.
ARTICLE III. PERMIT FEES
Permit fees shall accompany the permit application or be submitted within forty-eight (48) hours of receiving the approved permit. Failure to pay the permit fee will result in revocation of the permit. Refunds will not be issued for expired permits. Permit fees will be deposited to the Lincoln County Road and Bridge Fund.
ARTICLE IV. ACCESS OBSTRUCTION TO DRAINAGE
No entrance may be so constructed pursuant to SDCL 31-24-6 as to interfere with the proper and necessary drainage of the highway. No portion of the right-of-way of the highway other than that necessary for the entrance shall be occupied or used for business purposes.
ARTICLE V. MAINTENANCE ACCORDING TO TERMS OF THE PERMIT
The maintenance of an access in violation of the terms of the permit shall render the permit void except as to the permit holder's liability for damages and indemnification.
ARTICLE VI. CONSTRUCTION ACCORDING TO THE TERMS OF THE PERMIT
The construction of an access in violation of the terms of the permit shall render the permit void except as to the permit holder's liability for damages and indemnification.
ARTICLE VII. POSSESSION OF PERMIT DURING CONSTRUCTION
The issued permit, including a permit issued by way of email, or a copy thereof, must be in the possession of those utilizing the permit during all periods of construction.
ARTICLE VIII. MAXIMUM PENALTIES FOR UNAUTHORIZED CONSTRUCTION
The construction of an access without a permit, or if the permit holder is in violation of the specific terms of a permit, is punishable by a maximum fine of five hundred dollars ($500.00), in addition to any other civil or criminal penalties provided by law.
ARTICLE IX. LIABILITY
The possession of an access permit shall not relieve the applicant of civil liability and responsibility for personal injury or property damage which may occur in connection with the construction or modification of the new or existing access, including the liability for damage to roads, bridges, signs, or other road structures.
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ARTICLE X. ADMINISTRATION
The issuance of permits shall be administered and supervised by the Lincoln County Highway Superintendent who shall have authority to adopt and/or revise fees, rules, and regulations for the issuance and use of such permits, of which rules and regulations shall be approved by the Lincoln County Commission. FIRST READING ___________________________________________ SECOND READING_________________________________________ ADOPTED this ______day of ________________________, 20 _____ ______________________________________________ Chairperson, Lincoln County _______________________ Lincoln County Board of Commissioners______________ ATTEST ___________________________________________ Lincoln County Auditor