Section Lines

January 2026 | Eric Jennings, Lawrence County Commissioner Opinion Editorial, Black Hills Pioneer

Even though they are not nearly as noticeable in Lawrence County as they are east river, we do in fact have section lines.  Section lines were created to organize settlement and facilitate land transfer with the Land Ordinance of 1785 which created the Public Land Survey System. Obviously, they weren’t drawn in South Dakota then, but mapping them began in our state in the 1850’s. They were formally established in 1889 along with statehood. Section lines are still widely used for road placement and surveying property lines. There are several state statutes pertaining to section lines that establish such things as public access and right away width. State statute also gives the county commissions the opportunity to vacate section lines and we are occasionally asked to do so. There are a variety of reasons a landowner may wish to vacate a section line on his or her property. The most common reasons we deal with are concerns about public access and conflicts with building placement.  

Because state statute grants public access on section lines, Off Highway Vehicle(OHV) recreationalists occasionally will traverse on them to access public land. While it has always been an issue, conflicts happen more often now with the increased OHV use and maps that can be accessed from our phones showing where the section lines are. Vacating a section line takes it off of the map and gives the landowner an opportunity to limit access to their property. 

Occasionally a section line will interfere with a prospective building site. Along with section lines having a 66 feet right-of-away, Lawrence County prohibits building a structure within 25 feet of a right-of-way. Due to the topography in parts of our county limiting building sites, the desired view of a prospective homeowner or even flood plain issues, sometimes vacating the section line is deemed the best solution to the challenge presented.  

Vacating a section line involves a trip to the county Auditors office to get a petition to vacate. The petition needs to be signed by all affected landowners and when completed and turned into the Auditor, a public hearing is scheduled at a commission meeting. The public hearing gives an opportunity for the applicants to explain why they are pursuing the vacation and for people other than the landowners to be heard whether they are for or against the vacation. As commissioners, we look at the reasoning behind the action and determine if it is a legitimate concern and more importantly, if access to other parcels of land would be denied by the vacation. State statute guarantees access to land “not less than 40 acres”. If the section line is the only reasonable access route to either private or public property, we can not legally vacate it. Nor are we legally able to vacate a section line that is used as an improved road. It is important to remember that when we vacate a section line it is only for the identified portion on the petition, often only a few hundred feet. Even if the commission vacates a section line, it can be re-established in the future, or simply moved and redrawn in its new location.   

Maybe vacating section isn’t the vacation you have in mind this year, but for some, it can be just as satisfying.