Is It An Improvement?

Under SDCL Chapter 31-12A, road districts are generally limited to construction, maintenance, and repair activities. South Dakota Attorney General opinions have clarified that certain projects commonly considered “improvements” fall outside the scope of a 31-12A road district’s authority. 

Activities that are considered unlawful “improvements” for a road district using its funds include:

• Paving a gravel road: This is explicitly defined by the South Dakota Attorney General as an improvement and is not a legal use of road district funds.
• Widening a road.
• Adding guardrails. 

Road districts are authorized to perform activities that constitute routine maintenance or repair, which include examples such as: 

• Grading roads.
• Filling potholes with gravel. 

The intent of SDCL 31-12A is to provide for the upkeep of roads in their existing condition or basic construction of new roads, not to fundamentally upgrade the road system in a way that constitutes a permanent improvement with an indefinite end. Special assessments for more significant improvements like paving or installing street lighting are generally handled under different chapters of South Dakota law, such as those governing improvement districts (SDCL 7-25A) or certain municipal powers