41 : 04 : 06 : 06 . Transportation lane petition. Upon receipt of a petition to establish a transportation lane, the commission shall, at the next regularly scheduled commission meeting, consider the request and either deny, grant, or modify the petition. The department shall notify any landowner that may be affected by the proposed transportation lane. If the commission grants or modifies a petition, the commission shall initiate the rule making procedure established by SDCL chapter 1-26. The petitioner shall demonstrate the necessity of a transportation lane by meeting the conditions laid out in SDCL 41-23-16.

Source: 47 SDR 110, effective April 29, 2021.

General Authority: SDCL 41-23-16.

Law Implemented: SDCL 41-23-16 .