49-16A-84. Authority to change grade of highway–Particular highways–Maintenance of highway–Maximum grade
A railroad may raise or lower any public highway, not within the limits a municipality, for a railroad crossing, by petitioning the board of county commissioners, if the place is not a part of the state highway system, or by petition to the Department of Transportation if it is a part of the state system, but must guarantee to place and keep it in as good repair and condition as before the alteration was made, at its own expense. The grade approaching the crossing shall not exceed ten percent at any point thereof.
S.D. Codified Laws § 49-16A-84
49-16A-85. Temporary routes during change of grade construction
A railroad, while raising or lowering a public highway, or while making any other alterations which obstruct a public highway, shall provide and keep suitable temporary ways in good order to enable traffic to avoid or pass the obstruction.
S.D. Codified Laws § 49-16A-85
31-28-17. Hazardous intersections–Railroad crossings–Warning signs–Violation as misdemeanor
Except within the limits of a municipality, the department and county commissioners may designate any hazardous intersection as a stop intersection, and designate any railroad crossing as a stop crossing. The intersections and railroad crossings shall be designated by placing a stop sign at the point of stop. The sign to be preceded by a warning sign so as to give warning of stop. Failure to stop at the point of stop of such intersections and railroad crossings is a Class 2 misdemeanor.
S.D. Codified Laws § 31-28-17
31-27-19.1. Cost of repair and maintenance of railroad and highway crossings apportioned on basis of benefit
The expense of repairing, replacing, and maintaining all “railroad and highway crossings,” as defined by § 31-27-21, and all protection and safety devices shall be determined by the Department of Transportation on the basis of the proportion of benefit, if any, derived by railroad companies, and the benefit, if any, to the public authority at interest.
S.D. Codified Laws § 31-27-19.1
9-35-9. Maintenance by railroads of safety devices at crossings–Grade changes–Fencing of right-of-way
Every first or second class municipality shall have power to require railroad companies to keep flagmen and maintain lights at railroad crossings of streets and provide for the safety of persons and property; to compel them to construct, maintain, and operate gates at railroad crossings of streets when the keeping of a flagman is not sufficient protection; to compel them to raise or lower their tracks to conform to any grade which may be established by the municipality and to keep such tracks on the level with the street or highway surface, so that such tracks may be crossed at any place on such street or highway; to require them to fence their railroads and construct and repair cattle guards, viaducts, or overhead crossings, and to provide for and change the location, grade, and crossing of any railroad; all subject to the powers vested in the Public Utilities Commission.
S.D. Codified Laws § 9-35-9
9-35-8. Maintenance of railroad crossings and drainage works
Every municipality shall have power to require railroad companies to make, keep open, and repair their crossings of streets and public roads, and to require them to make, keep open, and repair ditches, drains, sewers, and culverts along and under their tracks, so that drainage of adjacent property shall not be impeded and the right-of-way shall be properly drained.
S.D. Codified Laws § 9-35-8
Blocked Crossings
State Laws, Regulations, and Penalties
49-16A-119. Trains prohibited from blocking streets, roads or highways during emergency–Violation as misdemeanor
A standing railroad engine or car may not occupy or block any street, road, or highway grade crossing for more than twenty consecutive minutes, if the path of any emergency vehicle making an emergency trip is blocked by the railroad engine or car, unless it is disabled, by accident or otherwise and cannot be moved without striking any object or person on track. A violation of this section by a railroad corporation is a Class 2 misdemeanor.
S.D. Codified Laws § 49-16A-119
49-16A-94. Blocking of highway crossings–Employees not liable where blocking necessary under state or federal rules
No railroad employee shall be held liable for any railroad engine or cars occupying or blocking any street, road, or highway grade crossing where such occupying or blocking is necessitated or required in order to comply with a rule, regulation or order issued by any state or federal regulatory body.
S.D. Codified Laws § 49-16A-94
Warning Devices-Passive
State Laws and Regulations
31-28-17. Hazardous intersections–Railroad crossings–Warning signs–Violation as misdemeanor
Except within the limits of a municipality, the department and county commissioners may designate any hazardous intersection as a stop intersection, and designate any railroad crossing as a stop crossing. The intersections and railroad crossings shall be designated by placing a stop sign at the point of stop. The sign to be preceded by a warning sign so as to give warning of stop. Failure to stop at the point of stop of such intersections and railroad crossings is a Class 2 misdemeanor.
S.D. Codified Laws § 31-28-17
49-16A-87. Crossing standards–Warning sign
Each railroad shall construct at all points where its road crosses any public road, good, sufficient, and safe crossings and shall erect at such points, at a sufficient elevation from the road to admit free passage of vehicles of every kind, a sign with large and distinct letters giving notice of the proximity of the road and warning persons of the necessity for looking out for trains.
S.D. Codified Laws § 49-16A-87
31-28-7. Railway crossing signs–Maintenance–Violation as misdemeanor
The public board or officer whose duty it is to repair or maintain any public highway shall erect and maintain at points in conformity with standard uniform traffic control practices on each side of the place at which a highway crosses an operational railway track or right-of-way, except within the limits of municipalities, a standard railroad advance warning sign. The sign shall be on the right-hand side of the highway approaching such crossing and at a distance from the crossing as the department or other controlling body shall direct. Any legally abandoned or nonoperational track which is crossed by a public highway and at which the crossing has been properly marked as a railway grade crossing may be marked with a supplemental sign, meeting uniform traffic control practices, to inform drivers of vehicles identified in § 32-29-5 that a stop is not required at that crossing. Failure to comply with the provisions of this section is a Class 1 misdemeanor.
S.D. Codified Laws § 31-28-7
Warning Devices- Train Borne
State Laws, Regulations, and Penalties
No applicable statute relating to this topic.
Warning Devices- Active
State Laws and Regulations
31-27-2. Power of Department of Transportation respecting details of grade crossing–Approval of plans and specifications–Separation of grade–Watchmen and safety systems
The Department of Transportation may determine, order, and prescribe in accordance with the plans and specifications to be approved by it, the reasonable manner, including the particular point of crossing, at which the tracks or other facilities of any line of railroad may be constructed across the tracks or any other facilities of any other line of railroad, or of any street, or highway, at grade, or above or below grade, or at the same or different levels, or at which the tracks or other facilities of any railroad company or companies may be constructed across the track or facilities of any other railroad company, or across any public highway, street at grade, or above or below grade, or at which any public highway may be constructed across the tracks or other facilities of any railroad company at grade or above or below grade; and may determine, order, and prescribe the terms and conditions of installation and operation, maintenance, and protection of all such crossings, which may be constructed, including any watchman thereat, or the installation and regulation of lights, blocks, interlocking, or other systems, or devices of signaling, safety appliance devices, or such other means or instrumentalities as the department determines reasonable and necessary to the end, intent, and purpose that accidents may be prevented and the safety of the public promoted.
S.D. Codified Laws § 31-27-2
9-35-9. Maintenance by railroads of safety devices at crossings–Grade changes–Fencing of right-of-way
Every first or second class municipality shall have power to require railroad companies to keep flagmen and maintain lights at railroad crossings of streets and provide for the safety of persons and property; to compel them to construct, maintain, and operate gates at railroad crossings of streets when the keeping of a flagman is not sufficient protection; to compel them to raise or lower their tracks to conform to any grade which may be established by the municipality and to keep such tracks on the level with the street or highway surface, so that such tracks may be crossed at any place on such street or highway; to require them to fence their railroads and construct and repair cattle guards, viaducts, or overhead crossings, and to provide for and change the location, grade, and crossing of any railroad; all subject to the powers vested in the Public Utilities Commission.
S.D. Codified Laws § 9-35-9
49-16A-89. Crossings–Erection of lighting or alarms at order of department
If, in the opinion of the Department of Transportation, it is necessary for the safety and protection of the public that street crossings over railroad tracks be lighted or street crossing alarms be installed to notify the public of approaching trains, the department shall order the railroad over whose road such street crosses to install crossing alarms or order the crossings to be lighted, or order both alarms and lighting by the railroad in a manner and method as, in the opinion of the department, will be the most suitable for the protection of the public.
S.D. Codified Laws § 49-16A-89
49-16A-89.2. Alarm or lighting device required where railroad crosses state trunk highway system
Any railroad tracks over which an operating train travels which crosses a portion of the state trunk highway system, as defined in chapter 31-4, shall have a crossing alarm or a lighting device, or both, to alert the public of approaching trains and to notify the public of trains crossing the highway. The crossing alarm or lighting device shall be in place by December 31, 1998. The Department of Transportation shall decide the method which is most suitable for the protection of the public. The Department of Transportation shall use any federal highway safety funds to pay for the crossing alarms and lighting devices. However, if federal highway safety funds are not available, the railroad owning or operating the tracks is liable for the expenses of the crossing alarm or lighting device.
S.D. Codified Laws § 49-16A-89.2
Private Crossings
State Laws and Regulations
49-16A-86. Private farm crossings–Cattle guards–Duty to keep gates closed–Liability of railroad
A railroad owning or operating a road in this state, which is constructed across the land of any person leaving a portion of the premises on each side of its right-of-way, shall, when ordered to by the Department of Transportation, make and keep in good repair a private farm crossing or other causeway over its right-of-way, and upon like order shall construct and maintain safe and adequate cattle guards and wing fences for the private farm crossings. The owner or lessee of the land shall keep the gates for such private farm crossing closed except when in actual use. A railroad is not liable to the owner or lessee of such land for any loss or damage sustained to his property by reason of a failure to keep the gates closed.
S.D. Codified Laws § 49-16A-86
Vegetation Clearance
State Laws, Regulations, and Penalties
No applicable statute related to this topic.
