31-26-22. Electrical lines, pipelines, communication lines and other utilities--Permits--Rules--Compliance with National Electrical Safety Code establishes due care in negligence claim.The Transportation Commission may promulgate rules and the Department of Transportation may issue permits, to allow electrical lines, pipelines, communication lines and other utilities, including rural water service pipelines, whether above or below ground, to operate the facilities over, under, or along public grounds, streets, alleys and highways under its jurisdiction in this state. Any rule promulgated pursuant to this section shall set forth application and issuance of permit criteria and installation standards necessary to preserve a safe traffic environment, the appearance of the highway, and the efficiency and economy of highway maintenance and shall be promulgated pursuant to chapter 1-26. Proof of compliance with the requirements of the applicable National Electrical Safety Code standard establishes due care in the defense of a negligence claim alleging a violation of that standard. Source: SL 1970, ch 166, §1; SL 1979, ch 199, §3; SL 1984, ch 207, §65; SL 1987, ch 210, §13; SL 2007, ch ablishes due care in the defense of a negligence claim alleging a violation of that standard. Source: SL 1970, ch 166, §1; SL 1979, ch 199, §3; SL 1984, ch 207, §65; SL 1987, ch 210, §13; SL 2007, ch 261, §3.
South Dakota Legal Code