NOTICE OF ADOPTION
FIRST READING: December 9, 2021
SECOND READING/PUBLIC HEARING: December 14, 2021
ADOPTED: December 14, 2021
EFFECTIVE: January 20, 2022
ORDINANCE #2112-19
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.
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 Arends and second by Jibben. Arends: “Aye” Jibben: “Aye” Schmidt: “Aye” Landeen: “Aye”. Motion carried.
RESOLUTION #2112-20
A RESOLUTION TO ESTABLISH ACCESS PERMIT FEES
WHEREAS, it is in the best interest of the County to develop and preserve Lincoln County right-of-ways, drainage, and roads by assuring that standard guidelines and permitting processes for Access Permits are in place; and,
WHEREAS, Lincoln County Ordinance 2112-19, permits the Lincoln County Highway Superintendent to promulgate fees, rules, and regulations for the permitting of accesses abutting a Lincoln County road under his jurisdiction; and,
WHEREAS, the Lincoln County Board of Commissioners, in accordance with Lincoln County Ordinance 2112-19, 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:
Residence Access Permit $80.00
Field/Farm Permit $55.00
Commercial Permit $175.00
Improvement to Existing Access Permit $25.00
Temporary Access Permit $25.00
All fees collected shall be deposited to the Lincoln County Road & Bridge Fund.
MOTION by Arends and second by Schmidt. Arends: “Aye” Jibben: “Aye” Schmidt: “Aye” Landeen: “Aye”. Motion carried.
Approved this14th day of December, 2021.
/s/______________________________________________
Chairperson, Lincoln County
Lincoln County Board of Commissioners
ATTEST
/s/__________________________________________
Lincoln County Auditor
Published once the week of December 20, 2021, at the approximate cost of $___________.