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SDDOT INTERSTATE HIGHWAY RIGHT OF WAY MOWING PERMIT

(Describe the area by its legal description or describe by highway number, side of highway, and beginning & ending mile reference markers.)

The Permittee the owner or tenant of the land abutting the area described above. (Select correct reply)

The South Dakota Department of Transportation (DOT) grants the Permittee permission to harvest hay within the interstate highway right-of-way (ROW) in the area described above subject to the following conditions:
  1. A permit must be issued before a Permittee can begin mowing operations.
  2. The area described above must abut land under the control of the Permittee, or the Permittee must have obtained a written waiver which transfers the hay harvesting rights to Permittee from the individual or company which controls the abutting land.
  3. At minimum, the Permittee must have liability insurance in the amount of $50,000 property damage and $100,000 personal liability to cover any and all claims, which may arise from their hay harvesting operation.
  4. Mowing is limited to the following dates:
    In Tripp, Lyman and Gregory County – June 15 through September 1.
    East of the Missouri River – July 10 through September 1
  5. Except as noted below, hay harvesting is allowed on all grassed areas within the highway ROW.
    A. Hay harvesting of divided highway medians is not allowed.
    B. Hay harvesting of areas inside interchanges is only allowed when access to the areas can be made from other than the main highway.
  6. All hay shall be removed from the ROW within 30 days after being processed or by October 1st, whichever comes first. Hay not removed within this time limit may be removed and disposed of by DOT at its discretion.
  7. Access to haying areas along interstate highways shall be made only through gates provided in the ROW fence. If no gate exists, the Permittee may install a gate, which meets DOT standards at a location designated by the DOT. The gate becomes the property of the DOT after it is built. Gates will be open only when Permittee is entering or leaving the ROW. Under no condition shall it be permissible to enter or leave the haying area by using the interstate highway. The DOT shall not be responsible for providing access roads outside the ROW line.
  8. Equipment shall be parked behind or near the ROW line when not in use.
  9. All mowing shall be performed to minimize skips and areas not mowed. The harvested area shall be left in neat condition upon completion of the haying operation.
  10. Bales and stacks shall be left no closer than 30 feet from the edge of the traveled way.
  11. The Permittee shall be held responsible for any damage to fences, signs, landscape plantings or other highway features resulting from the haying operation.
  12. The Permittee further agrees to hold the DOT, its officers or employees harmless from any claims or actions brought by any person against the DOT, its officers or employees as a result of the negligence of the Permittee or their agents or employees.
WARNING: The DOT applies various herbicides with the ROW to control weeds. Hay removed from areas treated with certain herbicides can be toxic to animals. As a condition of this permit, it is the responsibility of the Permittee to contact the local DOT Lead worker prior to beginning any haying operation to determine what chemicals have been used. It is the Permittee’s responsibility to determine if or when to remove any herbicide treated hay. The DOT is not liable for any incident arising from its use of herbicides.

I Declare And Affirm Under The Penalties Of Perjury
That I Will Abide By All Conditions Of This Permit.
Issuance Of This Permit Is Authorized By:

Permittee:Signature:
Date:Title:Date:
PERMIT EXPIRES: October 1 ,___________ (Year Issued)

PENALTY FOR VIOLATION: Any person who violates any of the terms or conditions of this permit shall be guilty of a Class 2 misdemeanor (SDCL 31-5-22).

NOTICE: Any applicant may be refused a permit if they did not comply with the terms of a previously issued permit.