(A) Overweight–oversize vehicles prohibited. No one may operate a motor vehicle on county roads that exceed the maximum weight or size set by state law in SDCL Chapter 32-22 unless the operator has first obtained an approved overweight-oversize permit from the county’s Highway Superintendent and/or his or her designee.
(B) Single and annual overweight-oversize permits authorized.
(1) The county’s Highway Superintendent and/or his or her designee may issue a single trip permit or an annual trip permit to allow the operation of a motor vehicle on county roads exceeding the maximum weight or size set by state law in SDCL Chapter 32-22. The permit is only valid for county roads under the authority of the county’s Highway Superintendent. The permit does not supersede bridge weight restrictions.
(2) An application for a permit must be made at least 48 hours in advance. Incomplete applications will not be approved. The permit shall be issued via email. The permit may be suspended and/or revoked at any time at the discretion of the county’s Highway Superintendent and/or his or her designee.
(C) Grounds for permit. The county’s Highway Superintendent and/or his or her designee shall follow SDCL Chapter 32-22 in deciding whether to issue a permit to the operator of a motor vehicle to exceed the maximum vehicle weight or size limit.
(D) Permit fee regulations.
(1) Permit fees shall accompany the permit application or be submitted within 48 hours of receiving the approved permit.
(2) Failure to pay the permit fee will result in revocation of the permit and no other permit will be issued until payment is received.
(3) Permit fees will be deposited to the County Road and Bridge Fund. Gross vehicle weight shall be used to determine the fee for single trip and annual permits.
(4) Entities and/or individuals applying for annual permits shall use the heaviest gross vehicle weight in his, her, or their fleet.
(E) Permit not authorized during seasonal load limits. Permits are not authorized during seasonal load limits. Under the authority of SDCL § 32-22-24, the county’s Highway Superintendent may restrict loads and/or limit weights on county roads from February 15 to April 30, or longer, if conditions warrant, to protect county roads from break-up during the spring thaw. The Board of County Commissioners may waive this restriction if it deems it necessary for the protection of public safety, health, or welfare.
(F) Operation according to the terms of the permit. The transportation of overweight and/or oversize loads in violation of the terms of the permit shall render the permit void except as to the permit holder’s liability for damages and indemnification.
(G) Possession of permit during operation. The issued permit, including a permit issued by way of email, or a copy thereof, must be in the possession of those utilizing the permit during all periods of operation.
(H) Liability. The possession of an overweight/oversize permit shall not relieve the permit holder of civil liability and responsibility for personal injury or property damage which may occur in connection with the movement of the permitted vehicle, including the liability for damage to roads, bridges, signs, or other road structures.
(I) Administration. The issuance of permits shall be administered and supervised by the county’s Highway Superintendent, who shall have authority to adopt and/or revise fees, rules, and regulations for the issuance and use of such permits, of which rules and regulations shall be approved by the Board of County Commissioners.
(J) Permit fees.
(1) The county’s Highway Department is hereby authorized to charge the following fees:
Annual Permits | Fees |
Oversize | $100 |
Overweight by 80,000 to 100,000 pounds | $300 |
Overweight by 100,001 to 149,999 pounds | $450 |
Overweight by 150,000 pounds and over | 4650 |
Single Trip Permits | Fees |
Oversize | $50 |
Overweight by 80,000 to 100,000 pounds | $125 |
Overweight by 100,001 to 149,999 pounds | $175 |
Overweight by 150,000 pounds and over | $225 |
(2) All fees collected shall be deposited to the County Road and Bridge Fund.
(Ord. 2112-17, passed 12-14-2021; Res. 2112-18, passed 12-14-2021) Penalty, see § 70.99