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Permit bond

South Dakota Right-of-Way Bond

SDDOT's utility permit rules for state highway right of way (ARSD 70:04:05) require the permittee to indemnify the department but do not require a bond. Cities set their own right-of-way bonds; for example, Sioux Falls requires right-of-way bonds filed with the City Engineer before a permit is issued, under § 96.241 of its city code.

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Bond at a glance
South Dakota Right-of-Way BondPermit bond
Set by cities and counties
State highwaysARSD 70:04:05:16 requires indemnity, not a bond
Example (Sioux Falls)Right-of-way bond under § 96.241, Code of Ordinances of Sioux Falls
Sioux Falls cancellation ruleSurety may not cancel until 30 days after construction is complete, with 30 days' written notice
Required byThe city or county that owns the street
How it works

Three steps to your bond.

  1. 01Apply onceTell us about your business and what the bond is for. One application covers most contractor bonds.
  2. 02The surety reviews itPropeller Bonds, our surety partner, reviews your application and sets the terms. We show you the terms before you commit.
  3. 03Sign and fileSign the bond and file it with whoever requires it: the project owner, agency or court. We help with the filing.
About this bond

What a right-of-way bond is

Work in a public street, sidewalk or highway usually needs an encroachment or right-of-way permit, and many agencies require a bond with it. The bond guarantees you'll follow the permit conditions and restore the right of way when you're done.

In South Dakota

SDDOT's utility permit rules for state highway right of way (ARSD 70:04:05) require the permittee to indemnify the department but do not require a bond. Cities set their own right-of-way bonds; for example, Sioux Falls requires right-of-way bonds filed with the City Engineer before a permit is issued, under § 96.241 of its city code.

You need this bond if you're

  • Utility, fiber and telecom contractors
  • Contractors cutting curbs or building driveways
  • Sewer and water lateral contractors
  • Anyone placing equipment or materials in a public street

What the surety looks at

Basic business details and credit. Large or long-term permits can need more.

FAQs

Common questions.

Who requires a right-of-way bond in South Dakota?

The agency that owns the road: the state transportation department for state highways, and the city or county for local streets. See the facts above.

Can one bond cover many permits?

Some agencies accept a blanket or annual bond that covers all your permits for the year. Ask the agency.

What does it cost?

You pay a premium, not the bond amount. The surety sets the premium after it reviews your application, usually as a percentage of the bond amount. We show you the terms before you commit.

How do I get one through BLDAssure?

Apply once with us. We collect the details the surety needs, Propeller Bonds (our surety partner) reviews the application and issues the bond, and we help you file it with whoever requires it.

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Some states, and many cities and counties, make contractors post a bond to get or renew a license.

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By state

Right-of-way & encroachment bonds in other states.

Alabama right-of-way bondAlaska right-of-way bondArizona right-of-way bondArkansas right-of-way bondCalifornia right-of-way bondColorado right-of-way bondConnecticut right-of-way bondDelaware right-of-way bondDistrict of Columbia right-of-way bondFlorida right-of-way bondGeorgia right-of-way bondHawaii right-of-way bondIdaho right-of-way bondIllinois right-of-way bondIndiana right-of-way bondIowa right-of-way bondKansas right-of-way bondKentucky right-of-way bondLouisiana right-of-way bondMaine right-of-way bondMaryland right-of-way bondMassachusetts right-of-way bondMichigan right-of-way bondMinnesota right-of-way bondMississippi right-of-way bondMissouri right-of-way bondMontana right-of-way bondNebraska right-of-way bondNevada right-of-way bondNew Hampshire right-of-way bondNew Jersey right-of-way bondNew Mexico right-of-way bondNew York right-of-way bondNorth Carolina right-of-way bondNorth Dakota right-of-way bondOhio right-of-way bondOklahoma right-of-way bondOregon right-of-way bondPennsylvania right-of-way bondRhode Island right-of-way bondSouth Carolina right-of-way bondTennessee right-of-way bondTexas right-of-way bondUtah right-of-way bondVermont right-of-way bondVirginia right-of-way bondWashington right-of-way bondWest Virginia right-of-way bondWisconsin right-of-way bondWyoming right-of-way bond

Sources

  1. ARSD 70:04:05:16, permittees to indemnify department
  2. City of Sioux Falls Engineering Design Standards, Chapter 3 Permit Procedures and Requirements

General information, not legal advice. Rules change; confirm the current requirement with the agency or owner that asks for the bond. Facts checked Oct 23, 2026.

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