The department may not maintain any access permitted under this chapter unless:

1. (1) The department determines that modification of the access point is necessary to meet adjacent highway reconstruction;
2. (2) The department performs similar type maintenance on the highway at the access;
3. (3) The maintenance of a new approach is required for construction under SDCL 31-24-1 and 31-24-2;
4. (4) The maintenance consists of culvert cleaning in an unincorporated area; or

5. (5) The maintenance consists of repair and replacement of culverts larger than 36" diameter in an unincorporated area.

   If the permittee fails to maintain an access point, the department, upon notice to the permittee, may correct any maintenance deficiency at cost to the permittee.

Source: 29 SDR 66, effective November 18, 2002.

General Authority: SDCL 11-3-12.2.

Law Implemented: SDCL 11-3-12.2.