Minnehaha County requires a driveway/approach permit from the Highway Department before constructing a new access onto any county road. Permit standards govern sight distance, culvert sizing, and surfacing. State law (SDCL 31-32) prohibits obstructions in the public right-of-way, which includes blocking your own driveway access in a way that pushes vehicles into the road.
Under SDCL Chapter 31-12 the county Highway Department has authority over county roads and their rights-of-way. Minnehaha County requires an access permit (driveway approach permit) issued by the Highway Department before construction of any new driveway connection to a county-maintained road. Typical permit conditions include minimum sight distance based on posted speed, installation of a properly sized culvert (commonly 15-inch minimum diameter) where ditch drainage exists, gravel or paved surfacing within the right-of-way, and a maximum driveway grade at the connection point. SDCL 31-32-1 makes it unlawful to obstruct any highway or to place any material in the right-of-way without authority. Within incorporated municipalities, the city's engineering or public works department issues driveway permits — Minnehaha County does not regulate driveways inside Sioux Falls, Brandon, Hartford, Dell Rapids, Crooks, Garretson, Humboldt, Valley Springs, or Sherman.
Constructing a driveway without a Highway Department permit may result in stop-work orders and an order to remove or modify the connection. Obstructions in the right-of-way under SDCL 31-32-1 are misdemeanors. Property owners may be billed for any county work to correct improperly built approaches.
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