Lincoln County, SD Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 92.02, ACCESS PERMITS AUTHORIZED, is Lincoln County's mechanism for letting a private landowner encroach on a county road right-of-way to build or modify an access. Division (A) gives the county's Highway Superintendent authority to issue and approve the permit, but limits it to county roads under the Superintendent's own jurisdiction, not state or township roads. Division (B) sets the procedure: the application must be filed at least two weeks before work begins, and an incomplete application will not be approved; once approved, the permit is issued by email and automatically expires within 180 days, and the Superintendent may suspend, revise, or revoke it at any time at their discretion.

The fee for that permit is fixed by § 92.03, from $25 for a temporary or improvement permit up to $175 for a commercial access, and must be paid with the application or within 48 hours of approval, with unpaid fees voiding the permit and no refunds on an expired one. Section 92.06 requires the permit, or a copy of it, to be kept on site during construction, and § 92.07 makes clear that holding the permit does not excuse the applicant from civil liability for injury or property damage caused by the work, including damage to roads, bridges, or signs. Section 92.08 puts the Highway Superintendent in charge of administering the permit program, subject to rules the Board of County Commissioners approves.