RAPID/Roadmap/3-SD-b

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South Dakota State Land Access Overview (3-SD-b)

In South Dakota, a developer may need to obtain several permits and/or licenses in order to obtain permission to construct a project across state lands. If a project needs access across state lands, the developer must obtain a state land right-of-way certificate from the South Dakota Department of School and Public Lands. If a project encroaches on a state railroad’s right-of-way, the developer must obtain a Utility Crossing License from the South Dakota Department of Transportation (SDDOT) Office of Railroads.


State Land Access Overview Process

3-SD-b.1 to 3-SD-b.2 – Will the Activity Cross School or Public Lands?

In South Dakota, a developer must obtain a state land right-of-way certificate from the South Dakota Department of School and Public Lands for projects proposed across any school or public lands. 49 S.D. § 32-1; 49 S.D. § 7-16. For more information, see:

State Land Right-of-Way:
3-SD-d

3-SD-b.3 to 3-SD-b.5 – Will the Activity Encroach on a State Railroad’s Right-of-Way?

A developer in South Dakota may need to obtain a Utility Crossing License from SDDOT’s Office of Railroads for transmission projects that have above ground transmission lines that cross or encroach on a South Dakota state railroad’s right-of-way. S.D. Codified Laws §49-16A-100.3. For more information, see:

Utility Crossing License:
3-SD-e




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