Title 45 — MINING, OIL AND GAS

The provisions of §§ 45-5A-5 to 45-5A-5.2 , inclusive, do not apply if the mineral developer and surface owner or surface lessee have an existing use agreement or contract regarding the property at issue. Source: SL 2013, ch 226 , § 3.

The mineral developer is responsible for all damages to property, real or personal, resulting from the lack of ordinary care by the mineral developer. The mineral developer is also responsible for all damages to property, real or personal, resulting from an interference caused by…

The affected surface owner, to receive compensation, pursuant to §§ 45-5A-8 and 45-5A-9 , shall notify the mineral developer, in writing, of the damages sustained by the affected surface owner within two years after the injury becomes apparent or should have become apparent to a …

Unless both parties provide otherwise by written agreement, within sixty days after the mineral developer receives notice of damages the mineral developer shall make a written offer of settlement to the person seeking compensation for the damages. The person seeking compensation …

If the person seeking compensation receives a written rejection, rejects the offer of the mineral developer, or receives no reply, that person may bring an action for compensation in the court of proper jurisdiction. Source: SL 1982, ch 304 , § 9.

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…

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…