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Posted on: April 30, 2021

Please keep public rights-of-way, roadways clear

Encroachment

SPEARFISH, SD – The City of Spearfish is kindly reminding individuals, businesses, and contractors not to place or store items – especially vehicles, equipment, and construction/landscaping materials – in public rights-of-way or roadways.

“Not only does this issue create a public safety hazard by adding obstacles that impede visibility and block the flow of traffic, but it also creates an environmental impact when rocks, soil, grass clippings, branches, and other debris are washed down – and have the possibility of plugging – our storm drains,” Public Works Director Brandy Kean said. “We are asking all citizens to help prevent these issues by keeping the roadways and rights-of-way clear, as required by City Code.”

Spearfish City Code states that it is unlawful for any person to erect, construct, install, place, maintain/allow to remain, or to permit the erection, construction, installation, placing, maintenance of/remaining of any encroachment upon or above the right-of-way or City property unless permitted by an encroachment agreement with the City.

The Spearfish City Council recently updated the ordinance regarding obstructions and encroachments on public rights-of-way and City property. The updates, effective April 30, stipulate that obstructions and encroachments can be permitted with an encroachment agreement, approved by the City; outline noticing procedures for violations; and assign financial responsibility for removal/any post-enforcement costs to the owner of the encroachment, their agent, or the adjacent property owner. 

If an encroachment exists that is in violation of City Code, the City will issue notice requiring the removal of the encroachments. If the person responsible fails/refuses to remove it within the timeframe provided in the notice, the City shall cause the encroachment to be removed, with the person responsible billed for the costs of removal.

Contractors are reminded that the conditions of the ordinance apply to rights-of-way and roadways adjacent to construction projects, including homes under construction. 

Those wishing to apply for an encroachment agreement will find the application at https://www.cityofspearfish.com/FormCenter/Planning-and-Zoning-17/Encroachment-Agreement-Application-86.

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