South Dakota road districts may regulate construction, modification, or excavation of public rights of way within their boundaries by ordinance, require permits, impose certain charges, and inspect district roads, according to an October 8, 2026, statement from Attorney General Marty Jackley’s office. The opinion was requested by Dale Ruzicka, president of the Saddleback Road District in Hermosa.
What the opinion says road districts may do
The state release summarizes the opinion as recognizing four types of authority over public roads within a district’s boundaries:
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- Regulate road work: Establish ordinances governing construction, modification, or excavation.
- Require permits: Make a permit process mandatory for covered work.
- Impose charges: Charge permit fees and issue special assessments, levies, and special maintenance fees. The release says a board may enforce collection through a lawsuit or by certifying delinquent charges.
- Inspect roads: Inspect public roads within district boundaries.
Jackley’s office quoted him as saying that a district board “retains both the responsibility and authority to inspect district roads, as no other governmental entity holds that power within district boundaries.” The release also quotes him describing the statutes as a framework for safeguarding roads and preventing unauthorized excavation or construction.
What this means for construction or excavation
For contractors, utilities, property owners, and others planning work in a public right of way inside a South Dakota road district, the release indicates that the district may require a permit and regulate the work through an ordinance. It also indicates that a district may apply the specified fees or assessments and inspect roads within its boundaries.
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The release does not explain which projects require permits, how to apply, what charges may be assessed in a particular case, or how inspections are conducted. Those details cannot be determined from its summary alone. Anyone planning work should contact the relevant road district for its current ordinance, permit requirements, fee schedule, and process before starting.
What the state release does not establish
The release links to the full Attorney General’s opinion, but the opinion text was not available from the material reviewed. Accordingly, the detailed statutory analysis, statutory citations, opinion number and date, and any legal qualifications are not established here. The listed powers are presented as the state release’s summary of Jackley’s opinion, not as a complete account of its reasoning or limits.
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Source: South Dakota Attorney General’s Office press releases, October 8, 2026.
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