NOTICE OF ADOPTION
FIRST READING: December 9, 2021
SECOND READING/PUBLIC HEARING: December 14, 2021
ADOPTED: December 14, 2021
EFFECTIVE: January 20, 2022
AN ORDINANCE TO ESTABLISH OVERWEIGHT-OVERSIZE PERMIT FEES FOR ROADS IN LINCOLN COUNTY, SOUTH DAKOTA UNDER THE JUSRISDICTION OF THE LINCOLN COUNTY HIGHWAY SUPERINTENDENT.
BE IT ORDAINED BY LINCOLN COUNTY, SOUTH DAKOTA:
Article I. Overweight–oversize Vehicles Prohibited
No one may operate a motor vehicle on Lincoln County roads that exceed the maximum weight or size set by state law in SDCL Chapter 32-22 unless the operator has first obtained an approved overweight-oversize permit from the Lincoln County Highway Superintendent and/or their designee.
Article II. Single and Annual Overweight-Oversize Permits Authorized
The Lincoln County Highway Superintendent and/or their designee may issue a single trip permit or an annual trip permit to allow the operation of a motor vehicle on Lincoln County roads exceeding the maximum weight or size set by state law in SDCL Chapter 32-22. The permit is only valid for Lincoln County roads under the authority of the Lincoln County Highway Superintendent. The permit does not supersede bridge weight restrictions.
An application for a permit must be made at least forty-eight (48) hours in advance. Incomplete applications will not be approved. The permit shall be issued email. The permit may be suspended and/or revoked at any time at the discretion of the Lincoln County Highway Superintendent and/or their designee.
Article III. Grounds for Permit
The Lincoln County Highway Superintendent and/or their designee shall follow SDCL Chapter 32-22 in deciding whether to issue a permit to the operator of a motor vehicle to exceed the maximum vehicle weight limit or size.
Article IV. 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 and no other permit will be issued until payment is received. Permit fees will be deposited to the Lincoln County Road and Bridge Fund. Gross vehicle weight shall be used to determine the fee for single trip and annual permits. Entities and/or individuals applying for annual permits shall use the heaviest gross vehicle weight in their fleet.
Article V. Permit Not Authorized During Seasonal Load Limits
Permits are not authorized during seasonal load limits. Under the authority of SDCL 32-22-24, the Lincoln County Superintendent may restrict loads and/or limit weights on Lincoln County roads from February 15 to April 30, or longer if conditions warrant, to protect county roads from break-up during the spring thaw. The Lincoln County Commissioners may waive this restriction if they deem it necessary for the protection of public safety, health, or welfare.
Article VI. Penalties For Unauthorized Operation
The transportation of overweight and/or oversize load without a permit or 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 VII. Operation According to the Terms of the Permit
The transportation of overweight and/or oversize loads 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 VIII. Possession of Permit During Operation
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 operation.
Article IX. Liability
The possession of an overweight/oversize permit shall not relieve the permit holder of civil liability and responsibility for personal injury or property damage which may occur in connection with the movement of the permitted vehicle, including the liability for damage to roads, bridges, signs, or other road structures.
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.
MOTION by Jibben and second by Schmidt. Arends: “Aye” Jibben: “Aye” Schmidt: “Aye” Landeen: “Aye”. Motion carried.
A RESOLUTION TO ESTABLISH OVERWEIGHT-OVERSIZE PERMIT FEES
WHEREAS, it is in the best interest of the County to develop and preserve Lincoln County roads and bridges by assuring that standard guidelines and permitting processes for Overweight-Oversize Permits are in place; and,
WHEREAS, Lincoln County Ordinance 2112-17, permits the Lincoln County Highway Superintendent to promulgate fees, rules, and regulations for the permitting of vehicles and equipment exceeding the maximum weight or size set by state law in SDCL Chapter 32-22 on Lincoln County roads under his jurisdiction; and,
WHEREAS, the Lincoln County Board of Commissioners, in accordance with Lincoln County Ordinance 2112-17, seeks to adopt said fees, rules, and regulations for enforcement as contemplated by the ordinance; now,
THEREFORE BE IT RESOLVED by the Lincoln County Board of Commissioners that the Lincoln County Highway Department is hereby authorized to charge the following fees:
Single Trip Permits
Overweight: 80,000 – 100,000lbs________________ $125.00
Overweight: 100,001 – 149,999lbs_______________ $175.00
Overweight: 150,000lbs and over________________ $225.00
Overweight: 80,000 – 100,000lbs________________ $300.00
Overweight: 100,001 – 149,999lbs_______________ $450.00
Overweight: 150,000lbs and over________________ $650.00
All fees collected shall be deposited to the Lincoln County Road & Bridge Fund.
MOTION by Schmidt and second by Arends. Arends: “Aye” Jibben: “Aye” Schmidt: “Aye” Landeen: “Aye”. Motion carried.
ADOPTED this 14th day of December, 2021
Chairperson, Lincoln County
Lincoln County Board of Commissioners
Lincoln County Auditor
Published once the week of December 20, 2021, at the approximate cost of $___________.