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Public Utilities Within SDDOT’s Highway Right of Way

Utilities located within or near the highway right of way (ROW), whether existing or planned, pose significant challenges for the South Dakota Department of Transportation (SDDOT). These challenges include managing and documenting final utility placement and minimizing conflicts with future construction. A lack of planning and coordination often results in insufficient space for additional utilities and complicates future infrastructure projects. Permitting practices across SDDOT vary significantly, particularly for non-traditional or private utility installations such as drain tile, methane lines, and private water systems. This inconsistency is exacerbated by outdated South Dakota Administrative Rules, which do not reflect modern installation methods, materials, or industry standards. For example, current rules still require steel casing under roadways, even though modern alternative materials like polyethylene meet structural requirements and are commonly used in other states. While SDDOT does allow alternative materials if they meet Load and Resistance Factor Design (LRFD) criteria, this requirement can be burdensome for smaller utility providers who may lack the resources to hire engineers for custom casing designs. The lack of standardized, pre-approved casing options further complicates permitting process and installation practices. Additionally, the rules provide little to no guidance on modern installation practices such as horizontal direction boring, which has largely replaced trenching in many contexts due to its lower surface disruption and environmental impact. These regulatory gaps contribute to permitting delays, inconsistent enforcement, and increased costs for both the Department and utility owners. After utility permits are issued and work is completed, the submission of as-built documentation is often inconsistent and lacks standardization. This makes it difficult to accurately verify the depth and location of installed utilities. Submissions can vary widely – from detailed Computer Aided Design (CAD) files to hand-drawn sketches--resulting in uncertainty and inefficiencies during future planning, maintenance, and construction activities. Utility coordination in developed areas remains a significant challenge due to the absence of a unified, enforceable framework. In many cases, coordination among utility providers is nearly nonexistent, resulting in inefficient use of limited ROW space. This lack of coordination has led to overlapping installations, redundant infrastructure—such as multiple dark fiber lines—and increased risk during construction or maintenance activities. Compounding the issue is the absence of a clear process for managing abandoned utilities or maintaining an accurate inventory of existing infrastructure. Without reliable data, future planning becomes more complex and costly. Federal regulations, including 23 CFR Part 645 Subpart C, require state DOTs to designate broadband utility coordinators and establish a process for registering and notifying broadband providers about planned projects. These rules are intended to reduce redundant installations and promote early coordination. However, SDDOT has faced limited engagement from broadband providers, making compliance difficult and undermining efforts to streamline utility planning. The growing presence of Intelligent Transportation Systems (ITS) infrastructure—such as fiber-optic lines, sensors, and communication equipment—adds another layer of complexity. ITS systems require secure, uninterrupted access and are particularly vulnerable to damage or interference from uncoordinated utility work. Protecting ITS infrastructure is critical to maintaining traffic safety and operational efficiency. Although South Dakota Administrative Rules reference utility corridors, there is no consistent enforcement mechanism or incentive structure to encourage shared use or coordinated planning. This approach increases the likelihood of project delays, cost overruns, and safety hazards during construction. To address these challenges, a comprehensive evaluation of current utility coordination practices is needed, including a SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis. This would identify gaps, assess risks, and provide practical, policy-driven improvements aligned with both state and federal expectations.