Deer Mountain Road District.
New Construction & Fees
Regulation 07-1: Road Fees Assessment/Multi-Unit Housing
Road fees, at the annual amount determined by the District, shall be applicable to all single family lots and to any multi-unit lots individually. Therefore, assessments shall apply to each individual housing unit on a particular lot, including but not limited to each apartment or condominium unit, fully and equally as it applies to a single family housing on an individual lot. The policy behind this regulation is to ensure that the cost of road maintenance be reasonably commensurate with expected usage and the Board finds that lots with multiple units are subject to potential use of the roads at a greater frequency than a single family lot. This regulation shall become effective immediately.
Affidavit's will be reimbursed for that tax year until September 1 of each year.
Any affidavits received after September 1st of each year will not have the reduced tax rate on their annual assessment per Lawrence County Auditor deadline for submission. To find your parcel ID as required on the affidavit, please contact the Lawrence County Auditor’s office (605) 578-1941.
Affidavit’s MUST be printed on one page, front/back and will only be accepted if you rent less than 14 days/year.
TAX REFUND AFFIDAVIT
Mail to:
Deer Mountain Road District
c/o Sandy Ruvolo, Treasurer
PO Box 637
Lead, SD 57754
Regulation 07-2: New Construction Fee Assessments
The District shall assess a $1,000.00 minimum construction fee for all new construction starts within the existing Road District boundaries. The fee shall be assessed at the same time that a building permit is issued. This regulation shall become effective immediately. Limitations of driveways accessing District Roads shall not exceed 20 feet in width. None of the language of this regulation removes any other federal, state, county or road district, rule, regulation, ordinance or statutory requirements concerning district road access, boundary expansion or District policy concerning additional development.
Deer Mountain Road District Access Application
Resolution of the Deer Mountain Road District Board of Trustees.
The Board of Trustees is empowered to adopt rules, in accordance with state law, governing the granting or denial of written approval for access to the roads within the Deer Mountain Road District boundaries. (See SDCL 11-3-12.2.)
The following regulations are promulgated in part through review of Title 70 of the South Dakota Department of Transportation, Article 9 Access Management.
Regulation 08-1
No person may construct any access providing direct vehicle movement between any road of the Deer Mountain road district and any property adjoining said road without an access permit issued by the Road District. The property owner shall remove and pay for removal of an access point installed without a valid permit. Access permits shall be issued in compliance with Regulations 08-2 through 08-13.
Regulation 08-2
An applicant shall submit one application for each access location on an existing Deer Mountain district road to the Board of Trustees with jurisdiction over the access location. ROAD DISTRICT APPLICATION
Regulation 08-3
An applicant shall submit an access application in a form approved by the Board of Trustees. The application shall include the following:
(1) The name and address of the applicant;
(2) The name and address of the property owner(s) (if different from the applicant);
(3) The legal description of the property to be served by the access;
(4) The name of the road and the location of the area to be accessed;
(5) The land use of the property to be served by the access;
(6) The type of access requested;
(7) The estimated date of access construction;
(8) The signature of the applicant and, if different from the applicant, of the property owner; and
The Board of Trustees may also require the application to contain the following information:
(9) A proposed access approach design;
(10) A vicinity map indicating access location;
(11) The estimated daily traffic volumes to and from the site;
(12) The estimated daily traffic volumes to and from the access;
(13) Three copies of a site plan showing the design details of the proposed access;
(14) A construction traffic control plan;
(15) Proof of liability insurance;
(16) A detailed development plan;
(17) A drainage plan;
(18) A traffic impact study;
(19) A revegetation plan;
(20) A description of the type and weights of vehicles to be used through the access
and the estimated, itemized costs of road repair and construction and
construction costs and estimated time of construction completion on the land to
be accessed; and
(21) Any other information deemed relevant and necessary by the Board of Trustees.
Regulation 08-4
The Board shall advise an applicant of the status of the application within 60 days of receipt of a complete application. Any access application not acted upon by the Board within 60 days is denied.
Regulation 08-5
The Board may attach reasonable and prudent stipulations as a condition of application approval. The stipulations shall indicate any access improvement or operating condition necessary to protect public health, safety, and welfare, including reference to applicable design standards. The stipulations may also include requirements for bonding of the applicant and/or construction contracts prior to approval of the application. Nothing in these regulations shall limit the consideration by the Board of any additional relevant factors in deciding whether to approve or deny a request for access.
Regulation 08-6
Construction of the access may not proceed until the access permit is issued. The access shall be completed in an expeditious and safe manner and shall be finished within the time stated in the permit. A permit is expired if the access is not under construction within the time limit approved by the Board or before the expiration of any authorized extension. The permittee may request up to a one-year extension from the Board if the permittee is unable to commence construction within the time limit approved by the Board after the permit issue date. Any request for an extension must be in writing and submitted to the Board before the permit expires. The request shall state the reasons why the extension is necessary and when construction is anticipated. The request shall include a copy of the access permit. Any extension approval shall be in writing. Any person wishing to seek approval for the reestablishment of an access permit that has expired shall submit a new permit application.
Regulation 08-7
The landowner and the landowner's heirs, successors-in-interest, and assigns of property shall be responsible for meeting the terms and conditions of an approved access permit.
Regulation 08-8
The permittee shall contact the Board to determine if a new access permit and modifications to the access are required if the land use served by the access changes. The Board may, without receiving notice from the permittee, initiate such a review and determination, with notice to the permittee.
Regulation 08-9
The Board may find an access not in conformance with these rules if:
(1) The access was not authorized in accordance with Deer Mountain Road District Regulations and Board decisions;
(2) The permittee did not notify the Board of changes in land use characteristics in accordance with Regulation 08-8;
(3) The access is used in violation of the permit; or
(4) The property served by the access has been platted without the approval of the Board.
If such a finding, the Board may order correction of the nonconformity, require the permittee to submit a new access application, or suspend or revoke the access permit and/or order the closure and removal of the access.
Regulation 08-10
The permittee is responsible for the costs of construction, maintenance, and removal (if necessary) of the access. The permittee is also responsible for any risk and liability for any accident and damage that may occur to a person or property from the work performed under an access permit. The Board may bring action to recover any cost incurred to correct any deficiency, as specified in Regulation 08-13. The permittee is also responsible for the cost of designing and constructing any turn lane, traffic signal, and other roadway improvement recommended in a traffic impact study as necessary to mitigate any impact of development. The Board may participate in funding any improvements at any access/road district intersection. Any improvement must be approved by the Board and comply with Board approved professional design standards.
Regulation 08-11
The Board may inspect the access to verify that all terms and conditions of the permit are met.
Regulation 08-12
The permittee is responsible for the repair and maintenance of the access beyond the edge of the roadway including:
(1) Surfacing;
(2) Curb and gutter;
(3) Cattle guard and gate;
(4) Vegetation control;
(5) Removal or clearance of snow or ice upon the access even though deposited on the access in the course of Deer Mountain Road District snow removal operations;
(6) Repair and replacement of any access-related culverts;
(7) Obtaining Board approval for all culvert repairs, drainage repairs, resurfacing, and changes in access design or configuration; and
(8) Any other maintenance required for continued safe and satisfactory operation of the access point.
Regulation 08-13
The Board will not maintain any access permitted under these regulations unless the Board determines that modification of the access point is necessary to meet adjacent road reconstruction or is necessary for the safety of the related roadways. If the permittee fails to maintain an access point, the Board, upon notice to the permittee, may correct any maintenance deficiency at cost to the permittee.
Road fees, at the annual amount determined by the District, shall be applicable to all single family lots and to any multi-unit lots individually. Therefore, assessments shall apply to each individual housing unit on a particular lot, including but not limited to each apartment or condominium unit, fully and equally as it applies to a single family housing on an individual lot. The policy behind this regulation is to ensure that the cost of road maintenance be reasonably commensurate with expected usage and the Board finds that lots with multiple units are subject to potential use of the roads at a greater frequency than a single family lot. This regulation shall become effective immediately.
Affidavit's will be reimbursed for that tax year until September 1 of each year.
Any affidavits received after September 1st of each year will not have the reduced tax rate on their annual assessment per Lawrence County Auditor deadline for submission. To find your parcel ID as required on the affidavit, please contact the Lawrence County Auditor’s office (605) 578-1941.
Affidavit’s MUST be printed on one page, front/back and will only be accepted if you rent less than 14 days/year.
TAX REFUND AFFIDAVIT
Mail to:
Deer Mountain Road District
c/o Sandy Ruvolo, Treasurer
PO Box 637
Lead, SD 57754
Regulation 07-2: New Construction Fee Assessments
The District shall assess a $1,000.00 minimum construction fee for all new construction starts within the existing Road District boundaries. The fee shall be assessed at the same time that a building permit is issued. This regulation shall become effective immediately. Limitations of driveways accessing District Roads shall not exceed 20 feet in width. None of the language of this regulation removes any other federal, state, county or road district, rule, regulation, ordinance or statutory requirements concerning district road access, boundary expansion or District policy concerning additional development.
Deer Mountain Road District Access Application
Resolution of the Deer Mountain Road District Board of Trustees.
The Board of Trustees is empowered to adopt rules, in accordance with state law, governing the granting or denial of written approval for access to the roads within the Deer Mountain Road District boundaries. (See SDCL 11-3-12.2.)
The following regulations are promulgated in part through review of Title 70 of the South Dakota Department of Transportation, Article 9 Access Management.
Regulation 08-1
No person may construct any access providing direct vehicle movement between any road of the Deer Mountain road district and any property adjoining said road without an access permit issued by the Road District. The property owner shall remove and pay for removal of an access point installed without a valid permit. Access permits shall be issued in compliance with Regulations 08-2 through 08-13.
Regulation 08-2
An applicant shall submit one application for each access location on an existing Deer Mountain district road to the Board of Trustees with jurisdiction over the access location. ROAD DISTRICT APPLICATION
Regulation 08-3
An applicant shall submit an access application in a form approved by the Board of Trustees. The application shall include the following:
(1) The name and address of the applicant;
(2) The name and address of the property owner(s) (if different from the applicant);
(3) The legal description of the property to be served by the access;
(4) The name of the road and the location of the area to be accessed;
(5) The land use of the property to be served by the access;
(6) The type of access requested;
(7) The estimated date of access construction;
(8) The signature of the applicant and, if different from the applicant, of the property owner; and
The Board of Trustees may also require the application to contain the following information:
(9) A proposed access approach design;
(10) A vicinity map indicating access location;
(11) The estimated daily traffic volumes to and from the site;
(12) The estimated daily traffic volumes to and from the access;
(13) Three copies of a site plan showing the design details of the proposed access;
(14) A construction traffic control plan;
(15) Proof of liability insurance;
(16) A detailed development plan;
(17) A drainage plan;
(18) A traffic impact study;
(19) A revegetation plan;
(20) A description of the type and weights of vehicles to be used through the access
and the estimated, itemized costs of road repair and construction and
construction costs and estimated time of construction completion on the land to
be accessed; and
(21) Any other information deemed relevant and necessary by the Board of Trustees.
Regulation 08-4
The Board shall advise an applicant of the status of the application within 60 days of receipt of a complete application. Any access application not acted upon by the Board within 60 days is denied.
Regulation 08-5
The Board may attach reasonable and prudent stipulations as a condition of application approval. The stipulations shall indicate any access improvement or operating condition necessary to protect public health, safety, and welfare, including reference to applicable design standards. The stipulations may also include requirements for bonding of the applicant and/or construction contracts prior to approval of the application. Nothing in these regulations shall limit the consideration by the Board of any additional relevant factors in deciding whether to approve or deny a request for access.
Regulation 08-6
Construction of the access may not proceed until the access permit is issued. The access shall be completed in an expeditious and safe manner and shall be finished within the time stated in the permit. A permit is expired if the access is not under construction within the time limit approved by the Board or before the expiration of any authorized extension. The permittee may request up to a one-year extension from the Board if the permittee is unable to commence construction within the time limit approved by the Board after the permit issue date. Any request for an extension must be in writing and submitted to the Board before the permit expires. The request shall state the reasons why the extension is necessary and when construction is anticipated. The request shall include a copy of the access permit. Any extension approval shall be in writing. Any person wishing to seek approval for the reestablishment of an access permit that has expired shall submit a new permit application.
Regulation 08-7
The landowner and the landowner's heirs, successors-in-interest, and assigns of property shall be responsible for meeting the terms and conditions of an approved access permit.
Regulation 08-8
The permittee shall contact the Board to determine if a new access permit and modifications to the access are required if the land use served by the access changes. The Board may, without receiving notice from the permittee, initiate such a review and determination, with notice to the permittee.
Regulation 08-9
The Board may find an access not in conformance with these rules if:
(1) The access was not authorized in accordance with Deer Mountain Road District Regulations and Board decisions;
(2) The permittee did not notify the Board of changes in land use characteristics in accordance with Regulation 08-8;
(3) The access is used in violation of the permit; or
(4) The property served by the access has been platted without the approval of the Board.
If such a finding, the Board may order correction of the nonconformity, require the permittee to submit a new access application, or suspend or revoke the access permit and/or order the closure and removal of the access.
Regulation 08-10
The permittee is responsible for the costs of construction, maintenance, and removal (if necessary) of the access. The permittee is also responsible for any risk and liability for any accident and damage that may occur to a person or property from the work performed under an access permit. The Board may bring action to recover any cost incurred to correct any deficiency, as specified in Regulation 08-13. The permittee is also responsible for the cost of designing and constructing any turn lane, traffic signal, and other roadway improvement recommended in a traffic impact study as necessary to mitigate any impact of development. The Board may participate in funding any improvements at any access/road district intersection. Any improvement must be approved by the Board and comply with Board approved professional design standards.
Regulation 08-11
The Board may inspect the access to verify that all terms and conditions of the permit are met.
Regulation 08-12
The permittee is responsible for the repair and maintenance of the access beyond the edge of the roadway including:
(1) Surfacing;
(2) Curb and gutter;
(3) Cattle guard and gate;
(4) Vegetation control;
(5) Removal or clearance of snow or ice upon the access even though deposited on the access in the course of Deer Mountain Road District snow removal operations;
(6) Repair and replacement of any access-related culverts;
(7) Obtaining Board approval for all culvert repairs, drainage repairs, resurfacing, and changes in access design or configuration; and
(8) Any other maintenance required for continued safe and satisfactory operation of the access point.
Regulation 08-13
The Board will not maintain any access permitted under these regulations unless the Board determines that modification of the access point is necessary to meet adjacent road reconstruction or is necessary for the safety of the related roadways. If the permittee fails to maintain an access point, the Board, upon notice to the permittee, may correct any maintenance deficiency at cost to the permittee.