Title 45 — MINING, OIL AND GAS

This chapter may be cited as the "South Dakota Mined Land Reclamation Act." Source: SL 1982, ch 305 , § 1.

The accurate map of the affected area shall: (1) Identify the area which corresponds with the application; (2) Show adjoining surface owners of record; (3) Be drawn to a scale of not more than one to twenty - five thousand. A standard agricultural stabilization and conservation s…

The board may issue no new permit for any surface mining operation on private land in Spearfish Canyon. Source: SL 1995, ch 249 , § 1.

For the purposes of § 45-6B-104 , Spearfish Canyon is the area located within Lawrence County that is described as follows: Quarter Section(s) Section Township Range N1/2NE1/4, SW1/4NE1/4, W1/2SE1/4NE1/4, N1/2NW1/4SE1/4, N1/2SE1/4NW1/4SE1/4, SW1/4NW1/4SE1/4, NW1/4SW1/4SE1/4, SW1/…

An operator shall obtain a license to conduct lake dredging activities in accordance with the provisions of chapter 45-6 , if soils, sediments, or organic materials are to be extracted for sale or for processing for sale as potting soil, soil material, soil amendment, or soil con…

Within ten days of its receipt of a mining operation permit application, the Department of Agriculture and Natural Resources shall send copies of the reclamation plan to the Department of Education and the Department of Game, Fish and Parks. Within thirty days of their receipt, t…

Before conducting a mining operation in the permit area, the applicant shall submit to the Board of Minerals and Environment an instrument of consultation from the surface landowner of the permit area, if different from the owner of the mineral interest. The instrument of consult…

If the instrument of consultation required by § 45-6B-12 cannot be obtained, the operator may request a hearing before the Board of Minerals and Environment. The board shall issue an order in lieu of the instrument of consultation if it finds: (1) That the operating and reclamati…

The application fee of one thousand dollars shall accompany the application. However, the application fee shall be fifty thousand dollars for a new large scale precious metal, coal, or uranium mine permit. The application fee for an amendment to an existing large scale precious m…

Upon the filing of an application for a mining permit with the Board of Minerals and Environment, the applicant shall place a copy of such application for public inspection at the office of the Department of Agriculture and Natural Resources and at the office of the register of d…

If the department and applicant are unable to reach agreement on an extension, the board shall determine if an extension should be granted. Prior to the holding of any such hearing, the board shall provide notice to any person previously filing a protest or petition for a hearing…

In addition to the notice requirement of § 45-6B-16 , the applicant shall mail a copy of such notice immediately after first publication to all owners and lessees of the surface rights of the affected land if other than the mineral owner. Proof of such notice and mailing, such as…

Prior to approving any new reclamation plan or approving a substantial change in any existing reclamation plan as provided in § 45-6B-18 , the board shall confer with the landowner, if possible, the local board of county commissioners, the board of supervisors of the local conser…

Information provided to the state agencies in an application for a mining permit relating to the geologic data, size, extent, and economic value of a mineral deposit and information that may affect the competitive position of the applicant and marked confidential by the applicant…

The relatively unknown and as yet largely undeveloped mineral resources of this state consist in major proportion of minerals below the surface. The development and extraction of these minerals by means of entry through the surface and the processing of such ores are necessary fo…

Prior to the issuance of a mining permit the Board of Minerals and Environment shall cause an inspection to be made of the proposed mine site. Based upon this inspection, the criteria established in § 45-6B-21 , and the submitted reclamation plan, the board shall set the level of…

45-6B-22 Surety bond--Surety other than bond--Considerations by board. 45-6B-23 Cash or securities in lieu of surety. 45-6B-24 Surety payable to state--Conditions required. 45-6B-25 Surety liability continues until released. 45-6B-26 Surety penalty--Amount. 45-6B-27 Surety penalt…

Time for filing under

In determining the amount and duration of the surety to be required, the Board of Minerals and Environment shall consider factual information as to the magnitude, type, and costs of reclamation activities planned for the affected land and the nature, extent, and duration of the m…

In determining whether the surety of an operator shall be guaranteed by a corporate surety bond and in determining the form of surety to be provided by the operator if other than a bond, the Board of Minerals and Environment shall consider, with respect to the operator, such fact…

In lieu of the required surety, the operator may deposit cash or government securities with the Board of Minerals and Environment in an amount equal to that of the required surety on the conditions prescribed in §

The surety required by § 45-6B-20 shall be payable to the State of South Dakota and conditioned upon the operator's faithful performance of all requirements of this chapter and compliance with the terms of the operating and reclamation plans approved by the Board of Minerals and …

Liability of an operator under surety provisions shall continue until such time as released in part or in its entirety by the Board of Minerals and Environment. The surety may not be held more than twelve months after completion of reclamation. Source: SL 1982, ch 305 , § 25.

The penalty of the required surety shall be in an amount sufficient to cover the cost of reclamation as determined pursuant to §

The penalty of the surety shall from time to time be increased or reduced by the Board of Minerals and Environment so that the bond covers the cost of reclamation which would accrue to the state, if the state were required to reclaim the affected areas within the permit or in acc…

Any person may file written objections to or statements in support of an application for a mining permit with the Board of Minerals and Environment. Such material shall be filed with the board not more than twenty days after the date of last publication of notice pursuant to §

The board of county commissioners of a county containing affected land may request that a hearing on the application for a mining permit be held in that county. Such request shall be filed with the Board of Minerals and Environment not more than twenty days after the date of last…

Terms used in this chapter mean: (1) "Abandoned mined lands," lands that were mined for noncoal minerals and materials and for which there is no continuing reclamation responsibility or responsibility for other remedial action under state or federal laws; (2) "Affected land," lan…

Upon receipt of an application for a mining operation permit and all fees due from the applicant, the Board of Minerals and Environment shall set a date for the hearing on such application not more than ninety days after the date of filing. However, the board, on request of the a…

Prior to the date set for the hearing on the application the applicant may, at the request of the Department of Agriculture and Natural Resources, modify the application or correct any errors. Source: SL 1982, ch 305 , § 31; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 202…

The Board of Minerals and Environment shall grant a permit to an operator if the application complies with the requirements of this chapter and all applicable local, state, and federal laws. The board may not deny a permit, except for one or more of the following reasons: (1) The…

No permit may be issued for a mining operation proposed on unsuitable land. Land is unsuitable if the following conditions cannot be satisfactorily mitigated: (1) Reclamation of the affected land pursuant to the requirements of this chapter is not physically or economically feasi…

Before making a determination pursuant to subdivision 45-6B-33(6), the board shall require the applicant to submit a socioeconomic impact study. The socioeconomic impact study shall be prepared at the operator's expense by a contractor approved by the board. An applicant may requ…

The provisions of § 45-6B-33.1 do not apply to any permit application for a small - scale mining operation. For purposes of this section, a small - scale mining operation is an operation which satisfies the criteria or definition of small - scale operation as set forth in any app…

For the purposes of § 45-6B-33 , land is special, exceptional, critical, or unique if it possesses one or more of the following characteristics: (1) The land is so ecologically fragile that, once it is adversely affected, it could not return to its former ecological role in the r…

The board, after consultation with other concerned state agencies, shall establish a preliminary list of special, exceptional, critical, or unique lands in accordance with the provisions of §§ 45-6B-33 and

If land proposed to be affected by a mining operation includes land that is special, exceptional, critical, or unique and any adverse effects on such lands from the proposed mining operations cannot be satisfactorily mitigated, the board may find such land unsuitable for mining o…

Upon notification by any person contemplating the establishment of a mining operation, the department shall examine the lands to be affected by the proposed mining operation and determine whether such lands constitute special, exceptional, critical, or unique lands as defined in …

The applicant may appeal a determination under § 45-6B-33.6 to the board by filing a petition for a contested case hearing pursuant to board rules promulgated pursuant to chapter 1-26 within seven days of receipt of the determination. The hearing on the appeal shall be confined t…

Underground mining and associated nondegrading surface disturbances may be allowed within and beneath land determined to be special, exceptional, critical, or unique provided the design and operating plans include provisions that eliminate any major surface disturbance that would…

The Board of Minerals and Environment shall transmit notice of the approval or denial of a new mining operation permit or the amendment of a mining operation permit to the appropriate board of county commissioners within thirty days of final board action. Source: SL 1982, ch 305 …

Every operator to whom a permit is issued pursuant to the provisions of this chapter may engage in the mining operation upon the affected lands described in the permit, upon the performance of and subject to §§ 45-6B-36 to 45-6B-46 , inclusive, with respect to such lands. Source:…

Within sixty days prior to the anniversary date of the permit each year, the operator shall submit a map on the scale provided for by subdivision 45-6B-10(3) showing the reclamation accomplished and any deviations from the originally approved operating and reclamation plans. Exce…

Grading shall be carried on so as to create a final topography appropriate to the final land use selected in accordance with §

All refuse from the mining operation shall be disposed of in a manner so as to create the least amount of unsightliness and unproductive areas, and will not pollute surface or groundwater. Source: SL 1982, ch 305 , § 38.

In those areas where revegetation is part of the reclamation plan, land shall be revegetated in such a way as agreed upon by the operator, the local conservation district and the landowner which establishes a diverse, effective, and long - lasting vegetative cover that is capable…

Any county or first or second class municipality which has adopted a comprehensive plan and zoning ordinances may adopt ordinances or requirements governing mining operations which are not inconsistent or in conflict with applicable state laws or administrative rules. However, su…

If it is necessary to remove overburden in order to mine the mineral, topsoil shall be removed from the affected land and segregated from other spoil. If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, vegetative c…

Any disturbance to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems both during and after the mining operation and during reclamation shall be minimized. Source: SL 1982,…

Any area outside of the affected land shall be protected from slides, subsidence, or damage occurring during the mining operation and reclamation. All high walls shall be reduced to a slope not greater than the angle of repose upon abandonment of the mining operation, unless such…