In a recent opinion issued by South Dakota Attorney General Marty Jackley, clarity has been brought to the jurisdiction of road districts over construction, modification, and excavation activities within public rights of way.

Request for Clarity

The opinion was prompted by a request from Dale Ruzicka, who serves as the president of the Saddleback Road District located near Hermosa. Ruzicka sought to understand the specific powers that road districts hold in regulating activities on their roads.

Key Findings of the Opinion

According to Attorney General Jackley’s findings:

• Road districts are permitted to create ordinances that govern road construction and excavation efforts.
• They can require permits for such activities and impose associated fees.
• Road districts also have the right to assess costs related to maintenance as necessary.
• Additionally, the authority extends to inspecting roads within their jurisdictions.

Significance of the Opinion

Jackley emphasized that road districts not only have the authority but also the responsibility to oversee and inspect their roads, which is crucial in safeguarding infrastructure from unauthorized construction or excavation actions.

State officials believe this opinion enhances guidance for road districts in managing local road systems effectively and addressing projects that could impact public infrastructure.

Implications for Road District Leaders

With this clarification, road district leaders are expected to gain a better understanding of their regulatory powers and responsibilities, aiding them in their ongoing efforts to manage local roadways efficiently.