(A) Any person requesting an excavation permit as described in § 151.087 of this chapter who is excavating within an area determined by the Director of Public Works or his or her designee to be within the public right-of-way shall, before obtaining a permit, notify the abutting landowner of such excavation and gain permission from the abutting landowner for said excavation. Permission and written authorization from the abutting landowner must be presented to the Director of Public Works or his or her designee by the proposed excavator before any such excavation permit will be granted. If permission is not granted by the abutting landowner and the Director of Public Works or his or her designee deems the excavation to be considered an emergency, the Director of Public Works or his or her designee, at his or her discretion, may allow the permit to be granted.
(B) Whenever it may be necessary for the permittee to trench through any lawn area or any portion of the public right-of-way behind the curb, lawn sprinkler systems shall be repaired if damaged and the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this subchapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property, the Director of Public Works or his or her designee.
(Prior Code, § K-5-8) Penalty, see § 151.999
Statutory reference:
Related provisions, see SDCL §§ 9-29-1, 9-33-4, 9-45-1, 43-16-2 and 49-7A-14