An Act to establish dates for the mowing of ditches on the state trunk highway system.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 31-5-21 be AMENDED:
31-5-21. State trunk highway system--Rules--Limitations.
The Transportation Commission may, by shall
promulgate rules promulgated, pursuant to
chapter 1-26,
authorize regarding the mowing of ditches on
the state trunk highway system. The rules shall establish
when :
(1) The time and dates within which mowing may be done,
by undertaken, subject to the following:
(a) No person, including a landowner, contractor, permittee, or department personnel may mow the right-of-way or the median in the counties of Dewey, Gregory, Jones, Lyman, or Stanley, or Tripp, prior to June fifteenth of each year; and
(b) No person, including a landowner, contractor, permittee, or department personnel may mow the right-of-way or the median in any county east of the Missouri River, prior to July tenth of each year;
(2) By whom mowing may be done, how
undertaken, provided
that the original owner or assignee of land abutting the ditches on
the state trunk highway system is given priority for mowing;
and
(3) How and where mowing may be done
undertaken, and the time limit for removal of hay, if
mowing is done undertaken for hay production.
However, the rules shall provide that the original owner or
assigns of land abutting the ditches on the state trunk highway
system shall be given priority for mowing.
Rules promulgated in accordance with this section may not preclude department personnel from mowing the first eight feet of any ditch abutting the state trunk highway system.
Rules promulgated in accordance with this section may not restrict mowing along the portion of a state trunk highway system that lies within the boundaries of a municipality.