Split Rock Township Road Access Permit
General Provisions
On March 25, 2025, the Township Supervisors approved Resolution 25-1 authorizing the
Township to issue permits to access Township highway right-of way (a/k/a Township roads) and
to impose conditions related thereto. The granting of a permit is not permanent and changes in
access and approach use as well as a later complete revocation of the permit may occur. These
General Provisions comply with SDCL Chapter 31-24: Highway Intersections and Private
Entrances.
A. EXPIRATION:
A Permit shall be considered expired if the construction is not completed within access is not
under construction within 90 days of approval of the initial application or is not completed to the
satisfaction of the Township within one year. When the Permittee is unable to commence
construction within said timeframe, the Permittee may request an extension. Only one extension
will be granted before the Applicant must reapply. A request for an extension must be in writing
and submitted to the Township before the above stated timeframes expire. The request should
state the reasons why the extension is necessary and when construction is anticipated. Extension
approvals, if granted, will be provided in writing.
A Permit may also expire upon any terms and conditions set forth in the Permit approval and/or
failure of the Permittee to comply with any terms or conditions required by the Township as set
forth in the Permit approval.
B. CONSTRUCTION REQUIREMENTS:
1. The construction of the access and its appurtenances as required by the terms and conditions
of the Permit shall be completed at the expense of the Permittee. All materials used in the
construction of the access within the highway right-of-way or on permanent easements, become
public property. Any materials removed from the highway right-of-way will be disposed of only
as directed by the Township. Only clean fill material may be used for construction. Rubble and
organic materials are prohibited.
2. Any damage to Township property including pavement, signs, and existing culverts will be
repaired at the expense of the Permittee. Damage to private property such as existing culverts,
mailboxes, signs, existing utilities, etc., shall be repaired at the expense of the Permittee.
3. South Dakota One Call must be contacted prior to construction by dialing “811.”
4. Permittee is responsible for salvaging and replacing topsoil, erosion control and revegetation.
5. The Permittee shall notify the Township Supervisor Chair at least two working days prior to
any construction within highway right-of-way. Construction of the access shall not proceed until
the access Permit is preliminarily issued, meaning that the preliminary review has been
conducted by the Township designee and such person has notified the Permittee of preliminary
acceptance contingent upon a Final Review which will be conducted after the access has been
installed the project is complete. The access shall be completed in an expeditious and safe
manner. The Permittee shall also notify the Township Supervisor Chair two working days prior
to completion of the access construction.
6. A separate Utility Permit shall be obtained for any utility work within highway right-of-way.
Where necessary to remove, relocate, or repair any traffic control device or public or private
utility for the construction of a permitted access, the relocation, removal or repair shall be
accomplished by the Permittee without cost to the Township, and at the direction of the
Township or utility company. Any damage to the Township highway or other public right-of-
way beyond that which is allowed in the Permit shall be repaired immediately. The Permittee is
responsible for the repair of any utility damaged in the course of access construction,
reconstruction or repair. Utility Companies are responsible for salvaging and replacing topsoil
and must have an approved revegetation plan. A final inspection must be held with the Utility
Company at the completion of the work
7. The Township may inspect the access during construction and upon completion of the access
to determine that all terms and conditions of the Permit are met. Inspectors are authorized to
enforce the conditions of the Permit during and after construction and to halt any activities
within right-of-way that do not comply with the provisions of the Permit, that conflict with
concurrent highway construction or maintenance work, that endanger Township property, natural
or cultural resources protected by law, or the health and safety of workers or the public.
8. Prior to using the access, the Permittee is required to complete the construction according to
the terms and conditions of the Permit. Failure by the Permittee to abide by all Permit terms and
conditions shall be sufficient cause for the Township to initiate action to suspend or revoke the
Permit and close the access. If in the determination of the Township, the failure to comply with
or complete the construction requirements of the Permit create a safety hazard, such shall be
sufficient cause for the suspension of the Permit. If the Permittee wishes to use the access prior
to completion, arrangements must be approved, and this shall be included in the Permit by the
Permittee. The Township Supervisor Chair may order a halt to any unauthorized use of the
access pursuant to the conditions of the Permit. Reconstruction or improvement of the access
may be required when the Permittee has failed to meet required specifications of design or
materials.
9. The Permittee shall provide construction traffic control devices during access construction.
10. In the event it becomes necessary to remove any right-of-way fence, the posts on either side
of the access shall be securely braced with an approved end post before the fence is cut to
prevent any slacking of the remaining fence. All fencing shall be replaced in kind by the
Permittee to the satisfaction of all the owners involved.
11. Each access shall be constructed in a manner that shall not cause water to enter onto the
roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-
way or any adopted drainage system and drainage plan. Each access shall be constructed in
compliance with all terms and conditions placed by the Township.
12. Permission is needed to landscape on Township/section line roads.
C. FEE REQUIREMENTS (ACCESS ROAD TO A DEVELOPMENT):
1. A condition of the Permit for access to a Development road includes that the Permittee pay
the Township an initial fee, an annual fee, and/or a lump sum fee to be used to maintain, repair
and/or reconstruct the Development road to which the Permittee has been granted access.
2. Initial Fee: The initial fee will be set considering non-exclusive factors such as: (a) the
number of feet on the Development road from the access point to a collector street that is located
outside of the Development; (b) the number of feet the Permittee’s property is adjacent to the
Development road; (c) the number of feet the Permittee’s house faces the Development road to
which the access road connects; (d) the minimum, maximum and average SDCL 31-13-51 front
footage fees the residents of the Development pay each year; (e) the amount of money (aside
from SDCL 31-13-51 fees) the Development residents and/or the Permittee paid in a lump sum
for the improvement of the Development roads; and (f) if the Permittee had been accessing the
Development road without a permit then the amounts the Development residents paid in SDCL
31-13-51 fees for the year(s) in which the Permittee accessed the Development road without a
permit.
3. Annual Fee: The annual fee and payment date thereafter will be set at the Township’s annual
meeting (the first Tuesday of March at 7:00 p.m.). The annual fee will be set by the Supervisors
consistent with the SDCL 31-13-51 assessments for the Development to which the access road
connects. The annual fee will take into consideration factors listed in section C (2).
4. Lump Sum Fee: If after the Permit was issued any or all of the Development residents pay a
lump sum (other than the SDCL 31-13-51 assessment) for maintenance, repair and/or
reconstruction of the Development road to which the access road is authorized, then Permittee
shall also pay a lump sum fee consistent with the amount the Development residents pay/paid.
5. Failure to pay any of the fee as required will be cause for the Permit to be revoked and further
access to the Development road denied.
D. MAINTENANCE REQUIREMENTS:
The Permittee shall be responsible for the repair and maintenance of the access beyond the edge
of the roadway including: (1) Surfacing; (2) Curb and gutter, if any; (3) Cattle guard and gate, if
any; (4) Vegetation controls; (5) Removal or clearance of snow or ice upon the access even
though deposited on the access in the course of department snow removal operations, including
snow or ice; (6) Repair and replacement of any access-related culverts of 36-inch diameter or
smaller within the right-of-way; (7) Obtaining Township approval for all culvert repairs,
drainage repairs, resurfacing, and changes in access design or configuration; and (8) All other
maintenance required for continued safe and satisfactory operation of the access point.
The Township shall perform no maintenance of access points, except: (1) Modification of access
point as necessary to meet adjacent highway reconstruction; (2) Access surface maintenance only
when the Township performs similar type maintenance on the highway; (3) Maintenance of new
accesses required for construction at the Township’s discretion; and (4) Culvert cleaning in
unincorporated areas.
E. INDEMNIFICATION, DEFENSE & HOLD HARMLESS:
By accepting the Permit, Permittee agrees to save, indemnify, defend and hold harmless to
the extent allowed by law, Township, its officers, and employees from suits, actions, claims
of any type or character brought because of injuries or damage sustained by any person
resulting from anyone’s use of the access Permit during construction of the access and/or
thereafter.