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Posted on: December 16, 2019

REMINDER: Detrimental Use of Rights-of-Way Along County Highways is Illegal

Instances have come to the attention of the Brookings County Highway Department of violations of South Dakota Codified Law 31-32-3.1, entitled INTENTIONAL DUMPING ON HIGHWAY RIGHT OF WAY PROHIBITED.  This statute applies to all public highway, all County Highways, and Township Roads.  The piling of snow on County Highways, or within the Right-of-Way thereof, causes a serious hazard to the traveling public and constitutes a Class 1 misdemeanor.  These piles of snow can cause serious injuries to fatalities if struck by a vehicle.  They also cost the County funds to remove or push back.  Because the piles of snow can become very solid, and at times contain debris, serious damage to County snow removal equipment can occur.  

The County can recover the cost of equipment damage from the individual responsible for the snow piles, SDCL 31-32-9.  In addition, the person performing this misdemeanor also may be legally liable in the event of a vehicle accident.  Please remove or flatten any piles you may have placed on public highways, as well as refrain from piling snow in the future.  


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