South Dakota Political Sign Right-of-Way Rules

Under SDCL 31-29-66 and related provisions, advertising signs are prohibited within state highway right-of-way except as permitted by the Department of Transportation. Political signs placed in right-of-way may be removed without notice. Federal Reed v. Town of Gilbert (2015) and Supreme Court precedent prohibit content-based sign regulations, meaning municipalities cannot single out political signs for stricter treatment than other temporary signs. SDCL 12-26 governs election conduct but does not separately regulate yard signs on private property. Property owners generally have broad rights to display political signs subject to neutral size and setback rules.

Signs in state right-of-way are subject to removal by SDDOT without compensation under SDCL 31-29; civil penalties up to $100 per occurrence may apply.