Title 45 — MINING, OIL AND GAS

Terms used in §§ 45-6-64 to 45-6-77 , inclusive, mean: (1) "Affected land," land from which overburden is to be or has been removed and land upon which overburden or waste rock is to be or has been deposited; land which is disturbed by the building of access roads, railroad loops…

An operator shall obtain a license to mine: (1) Sand; (2) Gravel; (3) Rock to be crushed and used in construction; (4) Pegmatite minerals; (5) Limestone; and (6) Iron ore, gypsum, shale, pozzolan, and other materials used in the process of making cement or lime. The operator shal…

No fee or surety may be required of units of state government or political subdivisions of state government. Source: SL 1983, ch 308 , § 4.

An operator shall comply with the following operating and reclamation standards: (1) Surface mined areas shall be reclaimed and shaped to control erosion and eliminate hazards to domestic animals and wildlife, to protect public health and safety and the environment and to provide…

Any reclamation provided for in § 45-6-67 shall be carried to completion by the operator with all reasonable diligence, and final reclamation shall be completed within three years after all mining under the license has ceased operation, unless such period is extended by the Board…

The operator shall publish notice of each mine operation once in a newspaper of general circulation in the locality of the operation at least fourteen days before the commencement of mining. The notice shall contain the identity and address of the operator and resident agent, the…

The operator shall submit notification, consisting of a map of the affected area and the information required in the newspaper notice to the South Dakota Department of Agriculture and Natural Resources, the South Dakota Department of Game, Fish and Parks, the South Dakota Departm…

When an emergency situation exists and when in the public interest, the secretary of agriculture and natural resources may waive the minimum fourteen - day advertising requirements and thirty - day notice requirement of §§ 45-6-68 and

Prior to the commencement of mining, an operator shall submit a surety to the department, to be held under the authority of the board. If a mining operation was licensed prior to July 1, 2024, the surety required by this section must, through June 30, 2026, be in the amount of fi…

A political subdivision may, in order to avoid the imposition of duplicate surety requirements, enter into a joint powers agreement with the board, provided the political subdivision has established requirements pertaining to reclamation after the mining of any material listed in…

Together with the annual license fee, the operator shall submit the following information for each location mined during the previous year: the tonnage of material removed, a map showing the areas mined, the areas reclaimed, and the acreage of each. Source: SL 1983, ch 308 , § 10…

An operator who operates a mine for the extraction of sand, gravel, or rock to be crushed and used in construction without a valid license obtained pursuant to the provisions of §§ 45-6-64 to 45-6-77 , inclusive, is guilty of a Class 1 misdemeanor. Source: SL 1983, ch 308 , § 11.

The secretary of agriculture and natural resources may revoke the license of any operator found to be in violation of any provision of §§ 45-6-64 to 45-6-77 , inclusive. The revocation shall occur pursuant to the provisions of chapter 1-26 . Source: SL 1983, ch 308 , § 12; SL 202…

An operator may appeal a decision of the secretary of agriculture and natural resources to deny or rescind a mining license to the Board of Minerals and Environment. After providing the operator the opportunity for hearing, the board shall either confirm the secretary's decision …

It is a violation of the terms and conditions of an operator's license to refuse entry or access to any authorized representative of the Board of Minerals and Environment who, after presenting appropriate credentials, requests entry for the purpose of inspection under §§ 45-6-64 …

The provisions of §§ 45-6-64 to 45-6-76 , inclusive, do not apply to extraction of sand, gravel, or rock to be crushed and used in construction by an individual for personal use. Source: SL 1983, ch 308 , § 17.

Any mining operator may request from the department a temporary cessation of the license to mine for a period of no more than three years. A temporary cessation may be requested if no mining has occurred within the past one hundred days. A mining license is not in a state of temp…

Any operator who desires to cease mining temporarily shall file a request for temporary cessation with the department. The request shall contain the following information: (1) The operator's name and license number; (2) The date of cessation of mining at each licensed site; (3) R…