PIERRE, S.D. – South Dakota Attorney General Marty Jackley has issued an official opinion outlining the authority road districts have over construction, modification, and excavation projects within public rights of way.
The opinion was requested by Dale Ruzicka, president of the Saddleback Road District near Hermosa, who sought clarification on what powers road districts possess when regulating work performed on district roads.
According to Jackley’s opinion, state law allows road districts to establish ordinances governing road construction and excavation activities, require permits for such work, charge permit fees, and assess maintenance-related costs when necessary. The opinion also confirms that road districts have the authority to inspect roads within their boundaries.
Jackley noted that road districts retain both the responsibility and authority to oversee and inspect their roads, helping ensure infrastructure is protected from unauthorized construction or excavation activities.
State officials say the opinion provides additional guidance for road districts as they work to maintain local road systems and address projects that could affect public infrastructure.
The clarification is expected to help road district leaders better understand their regulatory authority and responsibilities moving forward.
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