Attorney General Jackley Issues Official Opinion on Construction Work in Public Rights of Way Within Road District Boundaries

FOR IMMEDIATE RELEASE: Thursday, Oct. 8, 2026

Contact: Tony Mangan, Communications Director, 605-773-6878 

Pierre, S.D. – South Dakota Attorney General Marty Jackley announces his office has issued an official opinion clarifying the construction, modification or excavation of public rights of way within road district boundaries.

The official opinion was requested by Dale Ruzicka, President of the Saddleback Road District in Hermosa. He sought clarification on the authority road districts have in regulating, permitting and inspecting such projects.

Attorney General Jackley wrote in his opinion that state law allows road districts to:

1. Establish ordinances regulating the construction, modification, or excavation of roads inside the district’s boundaries.
2. Require a mandatory permitting process.
3. Charge a permit fee and issue special assessments, levies, and special maintenance fees. The board can also enforce the collection of the same through its power to sue or certify delinquent charges.
4. Inspect public roads within the district’s boundaries.

“The board also retains both the responsibility and authority to inspect district roads, as no other governmental entity holds that power within district boundaries,” wrote Attorney General Jackley. “Taken together, these statutes provide a framework for the district to safeguard its roads and prevent unauthorized excavation or construction moving forward.”

Attorney General Jackley’s opinion can be read here: https://atg.sd.gov/OurOffice/OfficialOpinions/opinionhtml.aspx?id=1778#gsc.tab=0

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