Title 45 — MINING, OIL AND GAS

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…

All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion and attendant air and water pollution. Noxious weeds infestations shall be controlled during all phases of the mining operation and reclamation. S…

A proposed reclamation plan filed pursuant to § 45-6B-5 or any substantial amendment to an existing reclamation shall be developed by the operator, the department, and the landowner. This plan shall determine which parts of the affected land shall be reclaimed for forest, range, …

Depending on the reclamation plan approved by the board, the operator shall meet the following requirements: (1) If the choice of reclamation is forest planting, the operator may, with the approval of the Board of Minerals and Environment, select the type of trees to be planted. …

All reclamation provided for in § 45-6B-45 shall be carried to completion by the operator with all reasonable diligence, and each phase of reclamation shall be completed within five years, unless such period is extended by the Board of Minerals and Environment upon a finding that…

Any mining operation permit may be transferred. If one operator succeeds another at any uncompleted operation, the successor operator shall make application for a transfer to the Board of Minerals and Environment. The board may not deny a transfer unless the operation is not in c…

If the secretary of agriculture and natural resources has reason to believe that a violation of an order, permit, notice of intent, or rule issued under the authority of this chapter has occurred, written notice shall be given to the operator of the alleged violation. The notice …

If the secretary of agriculture and natural resources determines that any violation of any provisions of this chapter or of any notice, permit, or rule issued or promulgated under authority of this chapter exists, the board, not less than forty - eight hours after service of the …

Any person desiring to engage in a mining operation shall make written application to the Board of Minerals and Environment for a permit for each mining operation on forms furnished by the board. The permit, if approved, authorizes the operator to engage in the mining operation o…

The Board of Minerals and Environment may require the alleged violator to appear before the board no sooner than twenty days after the issuance of such cease and desist order; except that an earlier date for hearing may be requested by the alleged violator. If a hearing is held p…

Upon a determination, after hearing, that a violation of a permit provision has occurred, the Board of Minerals and Environment may modify, suspend, or revoke the pertinent permit. If the board suspends or revokes the permit of an operator, the operator may continue mining operat…

The Board of Minerals and Environment may request the attorney general to bring suit for a temporary restraining order, a preliminary injunction or a permanent injunction to prevent any further or continued violation of this chapter. Any suit under this section shall be brought i…

Any mining operation, other than an in situ mining operation or a mining operation that employs a cyanide leaching or other chemical or biological leaching process to extract minerals from ore, which affects less than ten acres, excluding access roads, and extracts less than twen…

The operator shall obtain a permit from the Board of Minerals and Environment by filing an application with the board that shall set forth the following information: (1) The address of the general office and the local address or addresses of the operator; (2) The name of the owne…

The application must be accompanied by: (1) A nonrefundable fee of one hundred dollars; and (2) A surety, in an amount determined sufficient by the board to cover the cost of reclamation, but not exceeding thirty-eight thousand five hundred dollars. Source: SL 1982, ch 305 , § 55…

Except as provided in subsection 45-6B-3(6)(b), the operator shall annually file on the anniversary date of the permit a notice of intent to continue mining operations. The notice of intent shall contain an annual fee of fifty dollars and comply with the reporting requirements of…

The operator, at any time after the completion of reclamation, may notify the Board of Minerals and Environment that the land has been reclaimed. Upon receipt of the notice that the affected land or a portion of it has been reclaimed, the board shall cause the land to be inspecte…

45-6B-59 Laws applicable to processing and action on applications. 45-6B-60 Small-scale operation--Conversion of permit to larger operation. 45-6B-61 Small-scale operation--Conversion of permit--Time for action on application. 45-6B-62 Small-scale operation--Conversion of permit-…

Applications for permits under § 45-6B-53 shall be processed and final action taken thereon within forty - five days of the filing thereof. The provisions of §§ 45-6B-16 , 45-6B-17 , and 45-6B-28 concerning publication, notice, written objections, petitions, and supporting docume…

The application form shall contain the following information: (1) The legal description and area of affected land; (2) The owner of the surface of the area of the affected land; (3) The owner of the substance to be mined; (4) The source of the applicant's legal right to enter and…

Any operator conducting an operation under a permit issued under § 45-6B-59 , who has held the permit for two consecutive years or more, and who subsequently desires to expand it to a size in excess of the limitation set forth in § 45-6B-53 , may request the conversion of his per…

Applications for conversion of a permit under § 45-6B-60 shall be processed and final action taken thereon within ninety days of the complete filing thereof. Source: SL 1982, ch 305 , § 61.

The provisions of §§ 45-6B-16 , 45-6B-17 , and 45-6B-28 , concerning publication, notice, written objections, petitions, and supporting documents shall, so far as practicable, apply to application pursuant to § 45-6B-60 ; but the Board of Minerals and Environment shall, by rule, …

The Board of Minerals and Environment may not deny the conversion of a permit issued pursuant to § 45-6B-53 for any reason other than those set forth in §

The attorney general, upon request of the Board of Minerals and Environment, shall institute proceedings to have the surety of the operator forfeited for violation by the operator of an order entered pursuant to §

The attorney general, upon request of and on behalf of the Board of Minerals and Environment, may foreclose upon all real estate provided as surety. The board may dispose of such real estate and apply the proceeds of the disposed real estate to the reclamation of lands not reclai…

The Board of Minerals and Environment shall reclaim, in accordance with the provisions of this chapter, any affected land with respect to which a surety has been forfeited. Source: SL 1982, ch 305 , § 67.

All application fees and renewal fees received by the Board of Minerals and Environment shall be deposited by the board in the environment and natural resources fee fund established pursuant to §