S.D. Codified Laws § 45-6D-42 — SD Code / Title 45 / Chapter 6D / Section 45-6D-42
Geological conditions reports confidential--Violation as misdemeanor
Status: in_force

Information contained in the reports required by § 45-6D-41 that may damage the operator's competitive position if made public shall be held confidential. Such information shall be designated confidential by the operator. Any person who knowingly violates the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1982, ch 307, § 42.
S.D. Codified Laws § 45-6C-51 — SD Code / Title 45 / Chapter 6C / Section 45-6C-51
Exemption of educational and recreational activities
Status: in_force

Any person engaged in recreational, hobby, amateur, or field activities independently or sponsored by educational institutions or by organizations involved in earth science activities including geology, mineralogy, paleontology, treasure hunting, gold panning, archaeology, and noncommercial agate and gem hunting and using hand-held tools and equipment is exempt from the provisions of this chapter.

Source: SL 1983, ch 309, § 3; SL 2011, ch 165, § 215.
S.D. Codified Laws § 45-9-51 — SD Code / Title 45 / Chapter 9 / Section 45-9-51
Rights of owners within unit area to property acquired in conduct of unit operation
Status: in_force

All property, whether real or personal, that may be acquired in the conduct of unit operations hereunder shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charged.

Source: SDC Supp 1960, § 42.0710 (11) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6D-20 — SD Code / Title 45 / Chapter 6D / Section 45-6D-20
Criteria for determining amount of surety
Status: in_force

Criteria which shall be considered to determine the amount of surety necessary to guarantee the costs of reclamation of affected public and private lands and facilities include:

(1) Potential damages to unique and natural historical sites, springs, natural or man made water storage and transport facilities, domestic and public water wells and water supply, waste water transport, storage and treatment facilities or crops;

(2) Topography;

(3) Climatic, soil, and vegetative conditions;

(4) Estimated costs per test hole site to reclaim disturbed surface areas; and

(5) Estimated cost per test hole site to plug each test hole.

Source: SL 1982, ch 307, § 20; SL 2011, ch 165, § 217.
S.D. Codified Laws § 45-6C-40 — SD Code / Title 45 / Chapter 6C / Section 45-6C-40
Violation--Action for temporary restraining order or injunction
Status: in_force

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. Suits under this section shall be brought in the circuit court for the county where the alleged violation occurs.

Source: SL 1982, ch 306, § 40.
S.D. Codified Laws § 45-9-60 — SD Code / Title 45 / Chapter 9 / Section 45-9-60
Noncompliance with subpoena--Refusal of witness to testify--Court order--Contempt
Status: in_force

If any person refuses to comply with the subpoena issued by the Board of Minerals and Environment, or if any witness refuses to testify to any matter on which the witness may be interrogated and which is pertinent to the hearing or investigation, any circuit court in the state, upon the application of the board, may in term time or vacation issue an attachment for the person and compel the person to comply with the subpoena, and to appear before the board and produce such records, books, and documents for examination, and to give testimony. The court may punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify in the case.

Source: SL 1943, ch 153, § 8; SDC Supp 1960, § 42.0708 (2); SDC Supp 1960, § 42.0713 (2) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 250.
S.D. Codified Laws § 45-9-68 — SD Code / Title 45 / Chapter 9 / Section 45-9-68
Violation of law, rule, regulation, or order--Civil penalty--Liability for damages to environment
Status: in_force

Any person who violates any provision of this chapter, or any rule, regulation, or order of the Board of Minerals and Environment is subject to a civil penalty of not more than five hundred dollars for each act of violation and for each day that such violation continues, or is liable for damages to the environment of this state, or both.

Source: SDC Supp 1960, § 42.0714 (1) as enacted by SL 1961, ch 211, § 1; SL 1988, ch 291, § 24.
S.D. Codified Laws § 45-9-19 — SD Code / Title 45 / Chapter 9 / Section 45-9-19
False representations as perjury--Drilling without permit as misdemeanor
Status: in_force

Any person:

(1) Who intentionally falsely swears or affirms to a matter when an oath or affirmation is required by this chapter or by a rule or order of the Department of Water and Natural Resources authorized by this chapter;

(2) Who, for the purpose of evading a rule or order authorized by this chapter, intentionally makes or causes to be made a false entry or statement of fact in a report required to be made by this chapter, or by a rule or order authorized by this chapter; or

(3) Who makes or causes to be made a false entry in an account, record, or memorandum required to be kept by this chapter or a rule or order authorized by this chapter;

Any person who commences an operation for the drilling of a well for oil or gas without filing with the Department of Agriculture and Natural Resources an application to drill, and without obtaining a permit from the department to drill, is guilty of a Class 1 misdemeanor.

Source: SL 1943, ch 153, § 14; SDC Supp 1960, § 42.9908; SL 1961, ch 211, § 2; SL 1983, ch 15, § 23; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-63 — SD Code / Title 45 / Chapter 6D / Section 45-6D-63
Jurisdiction and authority of board--Employment of personnel--Legal services provided by attorney general
Status: in_force

The Board of Minerals and Environment shall carry out and administer the provisions of this chapter. The board has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter. The Department of Agriculture and Natural Resources may employ agents, employees, and consultants, permanent and temporary, as it may require and shall determine their qualifications, duties, and compensation. The board may call upon the attorney general of the state for such legal services as it may require.

Source: SL 1982, ch 307, § 63; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-39 — SD Code / Title 45 / Chapter 9 / Section 45-9-39
Order of board for unit operation of a pool--Terms and conditions--Prescribing plan of operation--Essential elements of plan
Status: in_force

The order for unit operation shall be upon terms and conditions that are just and reasonable and shall prescribe a plan for unit operations that shall include:

(1) A description of the pool or pools or parts thereof to be so operated, termed the unit area;

(2) A statement of the nature of the operations contemplated;

(3) An allocation to the separately owned tracts in the unit area of the oil and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost. The allocation shall be in accord with the agreement, if any, of the interested parties. If there is no such agreement, the Board of Minerals and Environment shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations, and the production allocated to each tract shall be the proportion that the relative values of each tract so determined bears to the relative value of all tracts in the unit area;

(4) A provision for the credits and charges to be made in the adjustment among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributions to the unit operations;

(5) A provision providing how the costs of unit operations, including capital investments, shall be determined and charged to the separately owned tracts and how said costs shall be paid, including a provision when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interest of such owner, may be sold and the proceeds applied to the payment of such costs;

(6) A provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charge for such service payable out of such person's share of the production;

(7) A provision for the supervision and conduct of the unit operations in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of such person;

(8) The time when the unit operations shall commence, and the manner in which, and the circumstances under which, the unit operations shall terminate; and

(9) Such additional provisions that are found to be appropriate for carrying on the unit operations, and for the protection of correlative rights.

Source: SDC Supp 1960, § 42.0710 (3) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-9-18 — SD Code / Title 45 / Chapter 9 / Section 45-9-18
Mechanical well logs, surveys and reports on well location, drilling, and production--Samples, core chips, and complete cores--Filing--Exploratory wells
Status: in_force

Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the filing of all mechanical well logs, directional surveys, and reports on well location, drilling, and production with the secretary within thirty days after the completion or abandonment of the well. The board may also require the filing free of charge of samples and core chips and of complete cores, if taken, and if requested, with the secretary within six months after the completion or abandonment of the well. However, the log and samples and cores of an exploratory or wildcat well may, upon written request by the operator, be held confidential until six months after the completion of the well.

Source: SL 1925, ch 250, § 2; SDC 1939, § 42.0603; SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3); SDC Supp 1960, § 42.0706 (4) (a) (2) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 235; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6B-33.6 — SD Code / Title 45 / Chapter 6B / Section 45-6B-33.6
Determination of classification--Notice and grounds
Status: in_force

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 § 45-6B-33.3 . If the department determines that the lands meet one or more of the characteristics in § 45-6B-33.3 it shall notify the applicant in writing of the determination and the grounds for the determination.

Source: SL 1989, ch 381, § 6.
S.D. Codified Laws § 45-9-50 — SD Code / Title 45 / Chapter 9 / Section 45-9-50
Contract for sale or purchase of production from separately owned tract not terminated
Status: in_force

No division order or other contract relating to the sale or purchase of production from a separately owned tract may be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to the tract until terminated in accordance with the provisions of the order or contract.

Source: SDC Supp 1960, § 42.0710 (10) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 246.
S.D. Codified Laws § 45-6B-106 — SD Code / Title 45 / Chapter 6B / Section 45-6B-106
Lake dredging activities license
Status: in_force

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 conditioner. If licensed under chapter 45-6 , such activities do not require permitting under chapter 45-6B .

Source: SL 1996, ch 262, § 1.
S.D. Codified Laws § 45-6D-53 — SD Code / Title 45 / Chapter 6D / Section 45-6D-53
Violation--Hearing
Status: in_force

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 pursuant to the provisions of this section, it shall be open to the public and conducted in accordance with the provisions of chapter 1-26 . The board shall permit all parties to respond to the notice served, to present evidence and arguments on all issues, and to conduct cross - examination required for a full disclosure of the facts.

Source: SL 1982, ch 307, § 53.
S.D. Codified Laws § 45-5A-11 — SD Code / Title 45 / Chapter 5A / Section 45-5A-11
Motor vehicle operation excluded from chapter
Status: in_force

This chapter does not apply to the operation, maintenance, or use of a motor vehicle upon the highways of this state.

Source: SL 1982, ch 304, § 11.
S.D. Codified Laws § 45-2-4.2 — SD Code / Title 45 / Chapter 2 / Section 45-2-4.2
Continuation of geological survey--Purposes
Status: in_force

The state geologist shall continue the making of the actual geological survey of the lands, and earth, and the area beneath the surface of the lands of this state as provided by this chapter.

The survey is for the purpose of discovery, or aiding in the discovery, development, and industrial exploitation of such natural products, consisting of minerals, oil, gas, or other substances or commodities, among the natural and physical resources of the state, and of all by-products in connection with each of the natural products of the state.

Source: SL 1939, ch 166, §§ 1, 2; SDC Supp 1960, §§ 42.0601, 42.0602; SL 1970, ch 252; SL 2011, ch 165, § 164.
S.D. Codified Laws § 45-6B-70 — SD Code / Title 45 / Chapter 6B / Section 45-6B-70
Violation of permit--Civil penalty--Liability for damages to environment
Status: in_force

Any person who violates any provision of any permit issued under this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day during which such violation occurs, for damages to the environment of this state, or both; except that any operator who operates under a permit issued under §§ 45-6B-54 to 45-6B-59 , inclusive, is subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day for each day during which such violation occurs, or is liable for damages to the environment of this state, or both. This penalty may be in addition to any other penalties authorized.

Source: SL 1982, ch 305, § 69; SL 1988, ch 291, § 21.
S.D. Codified Laws § 45-5-1 — SD Code / Title 45 / Chapter 5 / Section 45-5-1
Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut, flume, shaft, or tunnel--Eminent domain for pollution control measures
Status: in_force

If a mine or mining claim patented under the laws of the United States or held under the local laws and customs of this state is so situated that it cannot be conveniently worked without a road providing access; without a ditch, cut, or flume to convey water to the mining claim or water and tailings from the mining claim; or without a connecting shaft or tunnel; and if the road, ditch, cut, flume, shaft, or tunnel would necessarily pass over, under, through, or across any lands or mining claims owned or occupied by others under a patent from the United States or otherwise, the owner of the mine or mining claim is entitled to a right-of-way for the road, ditch, cut, flume, shaft, or tunnel over, under, through, and across the other lands or mining claims upon compliance with the provisions of this chapter. If the mine or mining claim cannot be conveniently worked without the necessary construction on property owned either in total or in part by others of devices, treatment and tailings ponds, or other installations for treatment of air or water pollution in order to comply with state or federal air and water pollution statutes, rules, or regulations, the owner of the mine or mining claim may exercise the power of eminent domain as to the surface estate only. In the exercise of eminent domain, the owner may proceed as condemnation proceedings are conducted by the state Department of Transportation pursuant to chapter 31-19 , or as may otherwise be provided.

Source: SL 1881, ch 97, §§ 1, 2; CL 1887, §§ 2016, 2017; RPolC 1903, §§ 2550, 2551; RC 1919, §§ 8744, 8745; SDC 1939, § 42.0201; SL 1976, ch 269; SL 2011, ch 165, § 183.
S.D. Codified Laws § 45-6D-36 — SD Code / Title 45 / Chapter 6D / Section 45-6D-36
Test holes converted to water wells
Status: in_force

If any test holes drilled are to be ultimately used or are to be converted to water wells, the user shall comply with the provisions of chapter 46-6 .

Source: SL 1982, ch 307, § 36.
S.D. Codified Laws § 45-6C-21 — SD Code / Title 45 / Chapter 6C / Section 45-6C-21
Surety bond--Surety other than bond--Considerations by board
Status: in_force

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 factors as the operator's financial status, assets within the state, past performance on contractual agreements, and facilities available to carry out the planned work. The operator shall supply evidence of financial responsibility for all surety other than a bond.

Source: SL 1982, ch 306, § 21; SL 2011, ch 165, § 212.
S.D. Codified Laws § 45-6D-45 — SD Code / Title 45 / Chapter 6D / Section 45-6D-45
Renewal of permit--Confidentiality of required information
Status: in_force

Information required by § 45-6D-43 is subject to the same confidentiality as provided for original applications in § 45-6D-15 .

Source: SL 1982, ch 307, § 45.
S.D. Codified Laws § 45-6B-14 — SD Code / Title 45 / Chapter 6B / Section 45-6B-14
Fee for application
Status: in_force

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 metal, coal, or uranium mine permit shall be five thousand dollars.

Source: SL 1982, ch 305, § 14; SL 2009, ch 13, § 4; SL 2012, ch 211, § 1.
S.D. Codified Laws § 45-6D-25 — SD Code / Title 45 / Chapter 6D / Section 45-6D-25
Surety penalty--Amount
Status: in_force

The penalty of the required surety shall be in an amount sufficient to cover the cost of plugging all of the proposed test holes and reclamation as determined pursuant to § 45-6D-19 .

Source: SL 1982, ch 307, § 25; SL 2006, ch 224, § 2.
S.D. Codified Laws § 45-6B-33 — SD Code / Title 45 / Chapter 6B / Section 45-6B-33
Unsuitable land--No permit issued
Status: in_force

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 feasible;

(2) Substantial disposition of sediment in stream or lake beds, landslides, or water pollution cannot feasibly be prevented;

(3) The land to be affected by a proposed mining operation includes land that is special, exceptional, critical, or unique as defined in § 45-6B-33.3 and satisfactory mitigation is not possible;

(4) The proposed mining operation will result in the loss or reduction of long - range productivity of aquifer, public and domestic water wells, watershed lands, aquifer recharge areas, or significant agricultural areas;

(5) The biological productivity of the land is such that the loss would jeopardize threatened or endangered species of wildlife indigenous to the area; or

(6) The board finds that any probable adverse socioeconomic impacts of the proposed mining operation outweigh the probable beneficial impacts of the operation.

Source: SL 1982, ch 305, § 33; SL 1987, ch 320, § 1; SL 1989, ch 381, § 1.
S.D. Codified Laws § 45-7-3 — SD Code / Title 45 / Chapter 7 / Section 45-7-3
Expiration or forfeiture of lease--Release of record
Status: in_force

When an oil, gas, or other mineral lease heretofore or hereafter given on lands situated in any county of South Dakota and recorded therein shall expire or become forfeited, it shall be the duty of the record owner of the lease, within fifteen days after the date of the forfeiture or expiration of any lease, to have such lease surrendered in writing, such surrender to be signed by the party making the same, acknowledged and placed of record in the county where the leased land is situated, without cost to the landowner or the owner of the mineral rights.

Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.
S.D. Codified Laws § 45-6B-48 — SD Code / Title 45 / Chapter 6B / Section 45-6B-48
Violation--Notice to operator
Status: in_force

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 shall be served personally or by registered mail upon the alleged violator or the alleged violator's agent for service of process. The notice shall state the provision alleged to be violated and the facts alleged to constitute the violation and shall recommend possible corrective action.

Source: SL 1982, ch 305, § 48; SL 1991, ch 17 (Ex. Ord. 91-4), § 21; SL 1993, ch 256, § 41; SL 2011, ch 165, § 206; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6C-12 — SD Code / Title 45 / Chapter 6C / Section 45-6C-12
Water rights or water pollution control restrictions
Status: in_force

The operator shall abide by any restrictions regarding water rights or water pollution control as notified, in writing, by the Department of Agriculture and Natural Resources within thirty days of the filing of the notice.

Source: SL 1982, ch 306, § 12; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-52 — SD Code / Title 45 / Chapter 6D / Section 45-6D-52
Violation--Cease and desist order
Status: in_force

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 notice required by § 45-6D-51 , may issue a cease and desist order. The order shall set forth the provisions alleged to be violated, the facts alleged to constitute the violation, and the time by which the acts or practices complained of shall be terminated and shall recommend possible corrective action. The order shall be served personally or by registered mail upon the alleged violator or the alleged violator's agent for service of process.

Source: SL 1982, ch 307, § 52; SL 1991, ch 17 (Ex. Ord. 91-4), § 21; SL 1993, ch 256, § 44; SL 2011, ch 165, § 221; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-17 — SD Code / Title 45 / Chapter 9 / Section 45-9-17
Reports or plats--Filing with board
Status: in_force

Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the filing with the board of reports or plats that it may prescribe.

Source: SDC Supp 1960, § 42.0706 (4) (a) (10) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 234; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6B-36 — SD Code / Title 45 / Chapter 6B / Section 45-6B-36
Annual filing of map and fee
Status: in_force

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. Except for operators which are units of state or local government, the operator shall submit, in addition to the map, an annual fee of one hundred dollars or an annual fee of fifty thousand dollars if the operation is a large scale precious metal, coal, or uranium mine that was permitted after January 1, 2009. The annual fee for any large scale coal or uranium mine permit shall be reduced by any tax paid in accordance with chapter 10-39B during the year preceding the date the annual fee is due.

Source: SL 1982, ch 305, § 36; SL 2009, ch 13, § 5.
S.D. Codified Laws § 45-6B-49 — SD Code / Title 45 / Chapter 6B / Section 45-6B-49
Violation--Cease and desist order
Status: in_force

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 notice required by § 45-6B-48 , may issue a cease and desist order. The order shall set forth the provisions alleged to be violated, the facts alleged to constitute the violation, and the time by which the acts or practices complained of shall be terminated and shall recommend possible corrective action. The order shall be served personally or by registered mail upon the alleged violator or his agent for service of process.

Source: SL 1982, ch 305, § 49; SL 1991, ch 17 (Ex. Ord. 91-4), § 21; SL 1993, ch 256, § 42; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-4-7 — SD Code / Title 45 / Chapter 4 / Section 45-4-7
Fee for recording and certification of location certificate--Certified copy
Status: in_force

The register of deeds may receive the fee as established by subdivisions 7-9-15(1) and (2) for each location certificate recorded and certified by the register of deeds and shall furnish the locators with a certified copy of the certificate if demanded.

Source: PolC 1877, ch 31, § 18; CL 1887, § 2012; RPolC 1903, § 2547; RC 1919, § 8741; SDC 1939, § 42.0105; SL 1976, ch 268, § 2; SL 2011, ch 165, § 172.
S.D. Codified Laws § 45-6B-93 — SD Code / Title 45 / Chapter 6B / Section 45-6B-93
Annual report on large-scale gold or silver surface mining operation--Information to be included
Status: in_force

Any operator of a large-scale gold or silver surface mining operation shall submit an annual report by January first of each year including an oral presentation to the Board of Minerals and Environment explaining the information in the written annual report. The annual report shall include the following information:

(1) The total and previous year's amount of affected land;

(2) The total and previous year's amount of surface mining disturbed land;

(3) The total and previous year's amount of land that has undergone interim reclamation;

(4) The total and previous year's amount of land that has undergone final reclamation and which meets the required post-mining land use;

(5) The total and previous year's amount of land that has undergone final reclamation but which does not meet the required post-mining land use;

(6) The total amount of groundwater withdrawn during the previous year;

(7) The total amount of surface water withdrawn during the previous year;

(8) The total amount of ore mined during the previous year;

(9) The total amount of ore processed during the previous year;

(10) The total amount of waste rock mined during the previous year;

(11) The total amount of gold and silver produced during the previous year;

(12) The total amount of cyanide used during the previous year; and

(13) A brief discussion of the coming year's operational plans including any anticipated revisions that might require department or board approval.

Source: SL 1992, ch 254, § 5; SL 2013, ch 166, § 103.
S.D. Codified Laws § 45-6B-2 — SD Code / Title 45 / Chapter 6B / Section 45-6B-2
Legislative findings and policy
Status: in_force

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 for the economic development of the state and nation. Every effort should be used to promote and encourage the development of mining as an industry, but to prevent the waste and spoilage of the land and the improper disposal of tailings which would deny its future use and productivity. Proper safeguards must be provided by the state to ensure that the health and safety of the people are not endangered and that upon depletion of the mineral resources and after disposal of tailings the affected land is usable and productive to the extent possible for agricultural or recreational pursuits or future resource development; that water and other natural resources are not endangered; and that aesthetics and a tax base are maintained, all for the health, safety and general welfare of the people of the state. The Legislature finds that an increase in the level of activity in the large - scale gold and silver mining industry in the Black Hills may cause or have the potential to cause impacts of unknown scope to competing land uses, the environment and other natural resources. The Legislature further finds that, due to the unknown consequences of such an increase in activity, additional information on the cumulative impacts of mining is needed for making decisions on future permits or amended permits for large - scale gold or silver mining operations and is necessary prior to the time the board takes any action on such permits for acres in excess of the limits established by § 45-6B-83.

Source: SL 1982, ch 305, § 2; SL 1989, ch 306, § 49A.
S.D. Codified Laws § 45-7-4 — SD Code / Title 45 / Chapter 7 / Section 45-7-4
Demand for release--Service upon lease owner of record--Form
Status: in_force

If the record owner of the lease shall fail or neglect to execute and record such surrender within the time provided for, then the owner of said land or mineral rights may serve upon the lease owner of record in person, or by registered or certified letter mailed to his address as disclosed by the lease or assignment under which he holds, or in the absence thereof, by publication for two consecutive weeks in a newspaper of general circulation in the county where the land is situated, a notice in writing in substantially the following form:

To __________:

I, the undersigned owner of the following described land situated in ____ county, South Dakota, to wit:

upon which a lease dated ____ day of ____, 20__, was given to: ____, do hereby notify you that said lease has expired or has become forfeited and that I hereby elect to declare, and do declare, the said lease forfeited and void, and that unless, within thirty days from the date of service, mailing or first publication of this notice, you notify the register of deeds of said county as provided by law that said lease has not been forfeited or has not expired, I will file with the said register of deeds an affidavit of forfeiture as provided by law; and I hereby demand that you execute, or have executed, a proper surrender of said lease and that you put the same of record in the office of the register of deeds of said county within said thirty - day period.

Dated this ____ day of ____, 20__.

Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.
S.D. Codified Laws § 45-6-72 — SD Code / Title 45 / Chapter 6 / Section 45-6-72
Annual fee and report
Status: in_force

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; SL 2011, ch 165, § 196.
S.D. Codified Laws § 45-6B-44 — SD Code / Title 45 / Chapter 6B / Section 45-6B-44
Proposed reclamation plan--Copy to adjacent landowner--Approval of plan--Consultation with landowner and local authorities--Reclamation of all affected land
Status: in_force

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, crop, horticultural, homesite, recreational, industrial, or other uses, including food, shelter, and ground cover for wildlife. Industrial or other uses may not be construed to include future mineral exploration or development unless the Board of Minerals and Environment, operator, landowner, and local board of county commissioners agree that reclamation for future mineral exploration and development will result in a beneficial use of the affected land. If possible, adjacent landowners shall be consulted during development of the reclamation plan. The operator, upon written request of an adjacent landowner, shall provide each a copy of the proposed reclamation plan or substantial amendment to a reclamation plan pursuant to § 45-6B-5 or 45-6B-18 . The board, after hearing recommendations made jointly or severally, shall approve, disapprove, or approve with reasonable modifications any proposed reclamation plan or proposed amendment to a reclamation plan prior to the granting of a mining permit or an amendment to a permit. 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 conservation district if the mining operation is within the boundaries of a conservation district and the Department of Game, Fish and Parks. Reclamation is required on all the affected land.

Source: SL 1982, ch 305, § 44; SL 1987, ch 321, § 1.
S.D. Codified Laws § 45-5A-5.1 — SD Code / Title 45 / Chapter 5A / Section 45-5A-5.1
Notice to surface owner and surface lessee prior to entry on land for mineral exploration activities
Status: in_force

A mineral developer shall provide the surface owner, and surface lessee, if any, with at least seven days notice by registered mail to the address shown by the records of the county treasurer at the time the notice is given or by hand delivery prior to entry on the land for mineral exploration activities that do not disturb the surface such as surveying and well staking. This notice shall include:

(1) The name, address, and telephone number of the mineral developer or the mineral developer's designee;

(2) An offer to discuss the proposed exploration plan with the surface owner, and surface lessee if any, before the exploration operations begin; and

(3) A diagram of the approximate location or the proposed drilling site.

The notice required by this section is deemed to be received by the surface owner and surface lessee immediately, if hand delivered, and seven days after mailing if sent by registered mail.

The notice required by this section is in addition to the notice required by § 45-5A-5 .

Source: SL 2013, ch 226, § 1.
S.D. Codified Laws § 45-5A-8 — SD Code / Title 45 / Chapter 5A / Section 45-5A-8
Offer of settlement by developer
Status: in_force

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 may accept or reject any offer so made within sixty days of receipt.

Source: SL 1982, ch 304, § 8.
S.D. Codified Laws § 45-6C-27 — SD Code / Title 45 / Chapter 6C / Section 45-6C-27
Explosives
Status: in_force

No exploration operations involving the use of explosives may be conducted within one - quarter mile of a flowing water well or a domestic water well unless permission is granted, in writing, by the owner of such well. An operator violating this section is strictly liable for any damage to such water well. The owner of the water well is responsible for establishing the volumetric production and water quality of the well prior to the violation.

Source: SL 1982, ch 306, § 27.
S.D. Codified Laws § 45-6C-16 — SD Code / Title 45 / Chapter 6C / Section 45-6C-16
Consultation with surface owner--Preferences for reclamation and travel restrictions
Status: in_force

Before the operator may enter upon the surface of land proposed to be explored, the operator shall consult with the surface owner and person in possession of the surface, if other than the owner, and provide such persons with the opportunity to designate, in writing, preferences for the reclamation of the affected land. A copy of such preferences shall be filed by the operator with the Department of Agriculture and Natural Resources and considered by the applicant. The owner may also specify, in writing, reasonable restrictions regarding travel areas on the property and further specify that travel under extreme moisture conditions will be avoided. A copy of such reasonable restrictions shall be filed by the operator with the department and are binding on the operator. Such consultations may be conducted prior to commencing the exploration operation or during various phases of the exploration operation.

Source: SL 1982, ch 306, § 16; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-26 — SD Code / Title 45 / Chapter 6D / Section 45-6D-26
Objections--Statements in support of application--Notice and hearing
Status: in_force

Any person may file written objections to or statements in support of an application for a uranium exploration operation permit with the Board of Minerals and Environment. The material for intervention shall be filed with the board not more than twenty days after the date of last publication of notice pursuant to § 45-6D-12 . The board shall hold a hearing pursuant to § 45-6D-28 on the question of whether the permit should be granted. The applicant shall be notified by the board or Department of Agriculture and Natural Resources within five days of receipt of any objections to the application and shall be provided a copy of the written objections.

Source: SL 1982, ch 307, § 26; SL 2011, ch 165, § 219; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6B-35 — SD Code / Title 45 / Chapter 6B / Section 45-6B-35
Mining operations--Applicable law
Status: in_force

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: SL 1982, ch 305, § 35.
S.D. Codified Laws § 45-6B-33.5 — SD Code / Title 45 / Chapter 6B / Section 45-6B-33.5
Alternative restrictions and limitations by board on special, exceptional, critical, or unique land
Status: in_force

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 or may do one or more of the following:

(1) Restrict the extent of the land to be affected at any one time to that which would not compromise those attributes of the area that qualify it as special, exceptional, critical, or unique;

(2) Impose limitations on the type of activity allowed and the amount of time the land may be affected; or

(3) Impose limitations that minimize visual impacts and reduce conflicts with scenic and recreational uses.

Source: SL 1989, ch 381, § 5.
S.D. Codified Laws § 45-6B-18 — SD Code / Title 45 / Chapter 6B / Section 45-6B-18
Amendment of permit and modifications of operating or reclamation plans--Application fees
Status: in_force

At the request of the operator, the Board of Minerals and Environment may issue an amendment to the original permit covering additional contiguous land or making minor modifications of the terms and conditions of the operating or reclamation plans. An application to amend a large scale permit shall include the application fee provided by § 45-6B-14 . An application to amend a small scale permit shall include the application fee provided by § 45-6B-55 .

Source: SL 1982, ch 305, § 18; SL 1988, ch 360, § 1.
S.D. Codified Laws § 45-9-70 — SD Code / Title 45 / Chapter 9 / Section 45-9-70
Shutting down and sealing property or equipment by secretary for violation--Cancelation of lease or bond forfeiture
Status: in_force

The secretary of agriculture and natural resources, acting for the Board of Minerals and Environment, may shut down any operation and place under seal any property or equipment for failure to comply with the oil and gas law or rules, may enter upon any land and perform any operation that the operator fails to perform if ordered to do so in writing, and may recommend cancellation of any state lease and forfeiture under the bond for noncompliance with the applicable law, lease terms, and rules.

Source: SDC Supp 1960, § 42.0715 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 251; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-50 — SD Code / Title 45 / Chapter 6D / Section 45-6D-50
Renewal of permit--Grounds for denial
Status: in_force

The Board of Minerals and Environment shall renew an exploration operation permit if the application complies with the requirements of this chapter. The board may not deny a permit renewal except for one or more of the following reasons:

(1) The renewal application is incomplete or the surety has not been posted;

(2) The operator has not paid the required renewal fee;

(3) The operator has not complied with the terms and conditions of the original exploration operation permit;

(4) The operator has failed to provide the reports required by § 45-6D-39 .

Source: SL 1982, ch 307, § 50.
S.D. Codified Laws § 45-5A-4.1 — SD Code / Title 45 / Chapter 5A / Section 45-5A-4.1
Treble damages for failure to negotiate in good faith
Status: in_force

If any mineral developer fails or refuses to conduct good faith negotiations with the surface owner to determine damages pursuant to § 45-5A-4 , whether or not arising out of an existing contract or lease, the court, in any subsequent litigation arising out of the mineral developer's failure or refusal to negotiate in good faith, may, at its discretion, award treble damages on all or part of any recovery by the surface owner.

Source: SL 2013, ch 225, § 1.
S.D. Codified Laws § 45-6C-11 — SD Code / Title 45 / Chapter 6C / Section 45-6C-11
Notice to state archaeologist--Restrictions concerning site disturbances
Status: in_force

Upon receipt of a notice of intent to conduct an exploration operation, the Department of Agriculture and Natural Resources shall notify the state archaeologist of the Department of Education of the area proposed for the exploration operation. The operator shall abide by any restrictions concerning site disturbances as notified, in writing, by the state archaeologist within thirty days of the filing of the notice. A copy of any such restrictions shall be filed with the department by the state archaeologist.

Source: SL 1982, ch 306, § 11; SL 2003, ch 272, § 63; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-4-2 — SD Code / Title 45 / Chapter 4 / Section 45-4-2
Conditions precedent to filing of location certificate
Status: in_force

Before filing a location certificate pursuant to § 45-4-4 , the discoverer shall locate the claim:

(1) By erecting a monument at the place of discovery and posting on the monument a plain sign or notice containing the name of the lode, the name of any locator, the date of discovery, the number of feet claimed in length on either side of the discovery, and the number of feet in width claimed on each side of the lode; and

(2) By marking the surface boundaries of the claim.

Source: PolC 1877, ch 31, § 5; SL 1881, ch 96, § 3; CL 1887, § 2001; SL 1899, ch 115, § 2; RPolC 1903, § 2536; RC 1919, § 8730; SDC 1939, § 42.0107; SL 1955, ch 152, § 2; SL 2011, ch 165, § 167.
S.D. Codified Laws § 45-4-19 — SD Code / Title 45 / Chapter 4 / Section 45-4-19
Order for removal of obstacles in drifts or shafts
Status: in_force

The court may also cause the removal of any rock, debris, or other obstacle in any of the drifts or shafts of the property if removal is shown to be necessary to a just determination of the question involved.

Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, § 179.
S.D. Codified Laws § 45-6D-11 — SD Code / Title 45 / Chapter 6D / Section 45-6D-11
Copy of application filed with register of deeds--Public inspection
Status: in_force

The applicant shall file a copy of the application required by § 45-6D-6 with the register of deeds in each county within which the uranium exploration operation is intended to be located. The register of deeds shall make the application available to public inspection for seventy - five days after filing. At the completion of such time, the application may be returned to the applicant or destroyed. Confidential information exempted by § 45-6D-15 shall be deleted by the applicant from all copies available for public inspection.

Source: SL 1982, ch 307, § 11.
S.D. Codified Laws § 45-6C-14 — SD Code / Title 45 / Chapter 6C / Section 45-6C-14
Confidential information and notice of intent protected--Violation as misdemeanor
Status: in_force

Information provided to the state agencies in the notice of intent to conduct an exploration shall be public information, except that the tentative test hole locations required by § 45-6C-9 and the location of completed test holes are confidential for two years after the completion of the exploration operation. A person who knowingly violates the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1982, ch 306, § 14.
S.D. Codified Laws § 45-9-15.2 — SD Code / Title 45 / Chapter 9 / Section 45-9-15.2
Application date of bond requirements
Status: in_force

The bond requirements in § 45-9-15 do not apply to any wells permitted or drilled prior to July 1, 2013, unless the well is sold or transferred after July 1, 2013.

Source: SL 2013, ch 227, § 3.
S.D. Codified Laws § 45-9-2 — SD Code / Title 45 / Chapter 9 / Section 45-9-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Board," the Board of Minerals and Environment;

(2) "Condensate," liquid hydrocarbons that were originally in the gaseous phase in the reservoir;

(3) "Developed area," a spacing unit on which a well has been completed that is capable of producing oil or gas, or the acreage that is otherwise attributed to a well by the board for allowable purposes;

(4) "Field," the general area underlaid by one or more pools;

(5) "Gas," all natural gas and all other fluid hydrocarbons not defined in subdivision (7) as oil, including condensate because it originally was in the gaseous phase in the reservoir;

(6) "Just and equitable share of the production," as to each person, that part of the authorized production from the pool that is substantially in the proportion that the amount of recoverable oil or gas or both in the developed area of the person's tract or tracts in the pool bears to the recoverable oil or gas or both in the total of the developed areas of the pool;

(7) "Oil," crude petroleum oil and other hydrocarbons regardless of gravity that are produced at the wellhead in liquid form, but not liquid hydrocarbons that were originally in a gaseous phase in the reservoir;

(8) "Owner," the person who has the right to drill into and produce from a pool and to appropriate the oil or gas the person produces from the pool;

(9) "Person," any natural person, corporation, limited liability company, association, partnership, receiver, trustee, personal representative, guardian, fiduciary, or other representative of any kind, including any department, agency, or instrumentality of the state or of any governmental subdivision of the state;

(10) "Pool," an underground reservoir containing a common accumulation of oil or gas or both; each zone of a structure that is completely separated from any other zone in the same structure is a pool;

(11) "Premises," the surface property of the landowner or lessee, both real and personal, and the ingress to and the egress from the real property;

(12) "Producer," the owner of a well or wells capable of producing oil or gas or both;

(13) "Product," any commodity made from oil or gas, including refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, gas oil, residuum, casinghead gasoline, natural gas, gasoline, kerosene, benzene, wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas;

(14) "Protect correlative rights," the action or regulation by the board affords a reasonable opportunity to each person so entitled to recover or receive the oil or gas in the person's tract or tracts or the equivalent, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent;

(15) "Waste,":

(a) Physical waste, as that term is generally understood in the oil and gas industry;

(b) The inefficient, excessive, or improper use of, or the unnecessary dissipation of reservoir energy;

(c) The inefficient storing of oil or gas;

(d) The drilling of unnecessary wells;

(e) The locating, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner that causes, or tends to cause, reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas;

(f) The underground or above ground waste in the production or storage of oil or gas, however caused, and whether or not defined in other subdivisions of this section.

Source: SL 1943, ch 153, § 4; SL 1951, ch 221, § 1; SDC Supp 1960, § 42.0704; SL 1961, ch 211, § 1; SL 1983, ch 13, § 25; SL 1994, ch 351, § 110; SL 1995, ch 167, § 188.
S.D. Codified Laws § 45-6-71 — SD Code / Title 45 / Chapter 6 / Section 45-6-71
Security required--Amount--Conditions--Alternatives
Status: in_force

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 five hundred dollars per acre of affected land or twenty thousand dollars for the statewide mining of any material listed in § 45-6-65 .

Beginning July 1, 2026, and continuing through June 30, 2027, the surety for a mining operation that was licensed prior to July 1, 2024, must be in the amount of one thousand five hundred dollars per acre of affected land or one hundred thousand dollars for the statewide mining of any material listed in § 45-6-65 .

Beginning July 1, 2027, and continuing through June 30, 2029, the surety for a mining operation that was licensed prior to July 1, 2024, must be in the amount of two thousand seven hundred and fifty dollars per acre of affected land or two hundred thousand dollars for the statewide mining of any material listed in § 45-6-65 .

Beginning July 1, 2029, the surety for a mining operation that was licensed prior to July 1, 2024, must be in the amount of three thousand eight hundred and fifty dollars per acre of affected land or three hundred thousand dollars for the statewide mining of any material listed in § 45-6-65 .

If a mining operation is licensed on or after July 1, 2024, the surety required by this section must be in the amount of three thousand eight hundred and fifty dollars per acre of affected land or three hundred thousand dollars for the statewide mining of any material listed in § 45-6-65 .

If a corporate surety bond is required, the bond must be signed by the operator, as principal, and by a surety insurer certified under chapter 58-21 .

In lieu of the required surety, the operator may provide to the department, to be held under the authority of the board:

(1) An irrevocable letter of credit;

(2) A cash deposit;

(3) A certificate of deposit made payable to the board; or

(4) Government securities.

The surety must remain in effect until the affected land has been reclaimed, the reclamation is approved by the board, and the surety is released by the board.

Source: SL 1983, ch 308, § 9; SL 2024, ch 181, § 2.
S.D. Codified Laws § 45-6D-65 — SD Code / Title 45 / Chapter 6D / Section 45-6D-65
General powers of board
Status: in_force

The Board of Minerals and Environment has the following powers, duties, and functions:

(1) To administer oaths or affirmations, subpoena witnesses, and compel their attendance at a hearing;

(2) To accept gifts, contributions, federal grants - in - aid, or financial aid from any other source for accomplishing plugging and reclamation;

(3) To carry out plugging of test holes and reclamation of affected lands.

Source: SL 1982, ch 307, § 65.
S.D. Codified Laws § 45-5-9 — SD Code / Title 45 / Chapter 5 / Section 45-5-9
Appeal bond--Approval of sureties--Amount--Conditions
Status: in_force

The appellant shall file with the clerk of the court to which the appeal is taken a bond with sureties to be approved by the clerk in the amount of the assessment appealed from, conditioned that the appellant will pay any costs that may be awarded to the respondent and abide any judgment that may be rendered in the cause.

Source: SL 1881, ch 97, § 9; CL 1887, § 2024; RPolC 1903, § 2558; RC 1919, § 8752; SDC 1939, § 42.0208.
S.D. Codified Laws § 45-9-69 — SD Code / Title 45 / Chapter 9 / Section 45-9-69
Action by attorney general to recover civil penalties--Venue
Status: in_force

The penalties provided in § 45-9-68 shall be recoverable by suit filed by the attorney general in the name and on behalf of the State of South Dakota in the circuit court for the county in which the defendant resides, or if there be more than one defendant, in the circuit court for any county in which the violation occurred.

Source: SDC Supp 1960, § 42.0714 (2) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6B-5 — SD Code / Title 45 / Chapter 6B / Section 45-6B-5
Application for permit for mining operation
Status: in_force

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 on the affected lands described in the application for the life of the mine. The application shall consist of:

(1) One copy of the application pursuant to § 45-6B-6 ;

(2) A reclamation plan pursuant to § 45-6B-7 submitted with the application;

(3) An accurate map of the affected lands pursuant to § 45-6B-10 submitted with the application;

(4) The application fee pursuant to § 45-6B-14 ; and

(5) A post-closure plan for mine waste disposal facilities.

Source: SL 1982, ch 305, § 5; SL 1989, ch 306, § 52A; SL 2011, ch 165, § 199.
S.D. Codified Laws § 45-6C-37 — SD Code / Title 45 / Chapter 6C / Section 45-6C-37
Violation--Cease and desist order
Status: in_force

If the secretary of agriculture and natural resources determines that a violation of any provision of this chapter exists, the board, not less than forty - eight hours after service of the notice required by § 45-6C-36 , may issue a cease and desist order. Such order shall set forth the provisions alleged to be violated, the facts alleged to constitute the violation, and the time by which the acts or practices complained of must be terminated and shall recommend possible corrective action. Such order shall be served personally or by registered mail upon the alleged violator or his agent for service of process.

Source: SL 1982, ch 306, § 37; SL 1991, ch 17 (Ex. Ord. 91-4), § 21; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-7-8 — SD Code / Title 45 / Chapter 7 / Section 45-7-8
Action to obtain release--Damages--Attorney fees
Status: in_force

The owner of said land or the owner of the mineral rights may, after thirty days have expired from the time of the service of the demand as set forth in § 45-7-4 , in lieu of the filing of his affidavit, commence an action against the owner of such lease upon his neglect or refusal to execute a release as provided by this chapter in any court of competent jurisdiction, to obtain such release, and he may also recover in such action of the lessee, his successors, or assigns, together with court costs including a reasonable attorney's fee for preparing and prosecuting the suit, in addition to the damages suffered by him as the proximate result of such neglect or refusal to execute a release as herein provided.

Source: SDC Supp 1960, § 42.0812 as added by SL 1965, ch 176.
S.D. Codified Laws § 45-6B-24 — SD Code / Title 45 / Chapter 6B / Section 45-6B-24
Surety payable to state--Conditions required
Status: in_force

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 Environment. If a corporate surety bond is required, such bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21 . Such surety shall remain in effect until the affected land has been reclaimed, the reclamation is approved by the board and is released by the board.

Source: SL 1982, ch 305, § 24.
S.D. Codified Laws § 45-5-12 — SD Code / Title 45 / Chapter 5 / Section 45-5-12
Costs of appeal
Status: in_force

If the appellant recovers fifty dollars more damages than the commissioners have awarded or if the respondent offers to allow judgment against the respondent to be taken, the respondent shall pay the costs of the appeal; otherwise the appellant shall pay the costs.

Source: SL 1881, ch 97, § 12; CL 1887, § 2027; RPolC 1903, § 2561; RC 1919, § 8755; SDC 1939, § 42.0211; SL 2011, ch 165, § 190.
S.D. Codified Laws § 45-9-26 — SD Code / Title 45 / Chapter 9 / Section 45-9-26
Order establishing spacing units for a pool--Size and shape of each unit--Location of permitted well--Exception for wells drilled or drilling at time of application
Status: in_force

An order establishing spacing units for a pool shall specify the size and shape of each unit and the location of the permitted well thereon in accordance with a reasonable uniform spacing plan, with necessary exceptions for wells drilled or drilling at the time of the filing of the application.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (1); SDC Supp 1960, § 42.0708 (4) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6-66 — SD Code / Title 45 / Chapter 6 / Section 45-6-66
Governmental units exempt from fee and security requirements
Status: in_force

No fee or surety may be required of units of state government or political subdivisions of state government.

Source: SL 1983, ch 308, § 4.
S.D. Codified Laws § 45-6D-7 — SD Code / Title 45 / Chapter 6D / Section 45-6D-7
Application form--Contents
Status: in_force

The application form shall contain:

(1) The name of the operator who intends to conduct the uranium exploration operation;

(2) The operator's address and principle place of business;

(3) The name and address of the resident agent for the service of process on the operator;

(4) A statement that the uranium exploration operation will be conducted pursuant to the terms and conditions listed on the approved permit;

(5) A brief description of the type of uranium exploration operation to be conducted;

(6) The legal description of the land to be explored by section, township, and range;

(7) The approximate date upon which the uranium exploration operation will commence;

(8) A statement that the applicant has the authority to conduct a uranium operation on the lands described in the application;

(9) The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant such access to the Board of Minerals and Environment or its agents to the area under application from the date of the application and thereafter for such time as is necessary to assure compliance with all provisions of this chapter or any rule, order, or decision promulgated hereunder.

Source: SL 1982, ch 307, § 7.
S.D. Codified Laws § 45-6B-33.7 — SD Code / Title 45 / Chapter 6B / Section 45-6B-33.7
Appeal of determination--Hearing--Notice
Status: in_force

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 to the determination of the land as special, exceptional, critical, or unique and whether an environmental impact statement and socioeconomic impact study will be required. Issues concerning the reclamation requirements to be imposed upon such lands may not be heard at the hearing. Notice of an appeal and the hearing date shall be published pursuant to the publication requirements of § 45-6B-30 , and interested persons may intervene by filing a petition to intervene pursuant to the provisions of the board rules at least three days before the hearing date.

Source: SL 1989, ch 381, § 7; SL 1993, ch 256, § 40.
S.D. Codified Laws § 45-6B-104 — SD Code / Title 45 / Chapter 6B / Section 45-6B-104
New surface mining permits prohibited for private land in Spearfish Canyon
Status: in_force

The board may issue no new permit for any surface mining operation on private land in Spearfish Canyon.

Source: SL 1995, ch 249, § 1.
S.D. Codified Laws § 45-6C-28 — SD Code / Title 45 / Chapter 6C / Section 45-6C-28
Capping, sealing, and plugging of test holes--Temporary delay
Status: in_force

The operator shall cap, seal, and plug each test hole sunk for exploratory purposes on all public and private lands within the state immediately following the drilling and probing. An operator may apply, in writing, to the Board of Minerals and Environment for permission to temporarily keep the test hole open. The board may, in its discretion, allow the operator a temporary delay, if the test hole is securely covered in a manner which will prevent injury to persons or animals and marked in a manner approved by the board.

Source: SL 1982, ch 306, § 28; SL 1983, ch 311.
S.D. Codified Laws § 45-9-31 — SD Code / Title 45 / Chapter 9 / Section 45-9-31
Order pooling all interests in spacing unit--Application by interested person--Notice and hearing--Terms and conditions
Status: in_force

In the absence of voluntary pooling, the Board of Minerals and Environment or the secretary, as applicable, upon the application of any interested person, shall enter an order pooling all interests in the spacing unit for the development and operation of the spacing unit, and for the sharing of production from the spacing unit. Each such pooling order shall be made after notice and opportunity for hearing, and shall be upon terms and conditions that are just and reasonable, and that afford to the owner of each tract or interest in the spacing unit the opportunity to recover or receive without unnecessary expense, his or her just and equitable share.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (5); SDC Supp 1960, § 42.0709 (1) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 239; SL 2012, ch 212, § 1.
S.D. Codified Laws § 45-5-14 — SD Code / Title 45 / Chapter 5 / Section 45-5-14
Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed
Status: in_force

If the applicant, before the commencement of the proceeding, has tendered to the parties owning or occupying the lands or mining claims a sum equal to or more than the amount of damages assessed by the commissioners, all of the costs and expenses shall be paid by the party or parties owning the lands or claims affected by the right-of-way and who appeared and resisted the claim of the applicant.

Source: SL 1881, ch 97, § 13; CL 1887, § 2028; RPolC 1903, § 2562; RC 1919, § 8756; SDC 1939, § 42.0212; SL 2011, ch 165, § 192.
S.D. Codified Laws § 45-9-43 — SD Code / Title 45 / Chapter 9 / Section 45-9-43
Amendment of order for unit operations--Conditions
Status: in_force

An order providing for unit operations may be amended by an order made by the Board of Minerals and Environment in the same manner and subject to the same conditions as an original order providing for unit operations under the following conditions:

(1) If such an amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners is not required; and

(2) No such order of amendment may change the percentage for allocation of oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in the tract, or change the percentage for the allocation of cost as established for any separately owned tract by the original order, except with the consent of all owners in the tract.

Source: SDC Supp 1960, § 42.0710 (5) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 243.
S.D. Codified Laws § 45-6B-88 — SD Code / Title 45 / Chapter 6B / Section 45-6B-88
Procedures for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation
Status: in_force

The board, by rules adopted in compliance with chapter 1-26 , shall provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested case hearing by the board on its own motion or upon protest by the applicant or any person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with his recommendation.

Source: SL 1991, ch 288, § 11.
S.D. Codified Laws § 45-6C-48 — SD Code / Title 45 / Chapter 6C / Section 45-6C-48
Assistance provided by other departments and agencies
Status: in_force

The Department of Agriculture and Natural Resources, the Department of Game, Fish and Parks, the Department of Education, the commissioner of school and public lands, and local conservation districts shall furnish the Board of Minerals and Environment and its designees, as far as practicable, whatever data and technical assistance the board may request and deem necessary for the performance of total reclamation and enforcement duties.

Source: SL 1982, ch 306, § 48; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 51, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-67 — SD Code / Title 45 / Chapter 6D / Section 45-6D-67
Confidentiality period of certain mineral exploration reports
Status: in_force

Any written geologic report, aquifer penetration report, map, test hole log, or other information relative to the geologic data, size, extent, or economic value of a mineral deposit filed with the state by a person who conducted a mineral exploration operation which was initiated or permitted before July 1, 1982, is confidential for a period of six months following July 1, 2008. Any person who filed such reports or information may request the secretary of agriculture and natural resources, in writing, to extend the six month confidentiality period by up to five years. The information becomes public following the confidentiality period.

Source: SL 2008, ch 229, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-33 — SD Code / Title 45 / Chapter 6D / Section 45-6D-33
Capping, sealing, and plugging test holes--Temporary delay
Status: in_force

The operator shall cap, seal, and plug each test hole sunk for exploratory purposes on all public and private lands within the state immediately following the drilling and probing. An operator may apply, in writing, to the Board of Minerals and Environment for permission to temporarily keep the test hole open. The board may, in its discretion, allow the operator a temporary delay, if the test hole is securely covered in a manner which will prevent injury to persons or animals and marked with a sturdy steel fence post at a minimum height of forty - two inches above the ground surface.

Source: SL 1982, ch 307, § 33.
S.D. Codified Laws § 45-1-6 — SD Code / Title 45 / Chapter 1 / Section 45-1-6
Specimens are state property
Status: in_force

Any specimen of natural history, geology, or mineralogy, which is collected by the state geologist or any other person appointed by the state to investigate its natural and physical resources, or donated by any person, shall be the property of the state.

Source: SL 2017, ch 10, § 3.
S.D. Codified Laws § 45-6B-20.2 — SD Code / Title 45 / Chapter 6B / Section 45-6B-20.2
Time for filing under45-6B-20.1
Status: in_force

The operator of any existing mining operation that employs cyanide leaching or any other chemical or biological leaching process to extract minerals from ore shall, if required by the board, file or deposit the proof of financial assurance with the board pursuant to § 45-6B-20.1 within one hundred twenty days of the order of the board.

Source: SL 1989, ch 306, § 51.
S.D. Codified Laws § 45-9-30 — SD Code / Title 45 / Chapter 9 / Section 45-9-30
Two or more separately owned tracts or interests embraced within spacing unit--Pooling of interests
Status: in_force

When two or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of the spacing unit, then the owners and royalty owners thereof may pool their interests for the development and operation of the spacing unit.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (5); SDC Supp 1960, § 42.0709 (1) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6B-45 — SD Code / Title 45 / Chapter 6B / Section 45-6B-45
Choices of reclamation--Requirements for operator
Status: in_force

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. Planting methods and care of stock shall be governed by good planting practices. If the operator is unable to acquire sufficient planting stock of desired tree species from the state or elsewhere at a reasonable cost, the operator may defer planting until planting stock is available to plant such land as originally planned, or the operator may select an alternative method of reclamation;

(2) If the choice of reclamation is rangeland restoration, the affected land shall be restored to the satisfaction of the board to slopes commensurate with the proposed land use and shall not be too steep to be traversed by livestock. The legume seed shall be properly inoculated in all cases. The area may be seeded either by hand, or power or by the aerial method. The species of grasses and legumes and the rates of seeding to be used per acre shall be determined primarily by recommendations from the state agricultural experiment stations, and experienced reclamation personnel of the operator, after considering other research or successful experience with range seeding. No grazing may be permitted on reclaimed land until the planting is firmly established. The board, in consultation with the landowner and the local conservation district, if any, shall determine when grazing may start;

(3) If the choice of reclamation is for agricultural or horticultural crops which normally require the use of farm equipment, the operator shall grade so that the area can be traversed with farm machinery. Preparation for seeding or planting, fertilization and seeding, or planting rates shall be governed by general agricultural and horticultural practices, except where research or experience in such operations differs with these practices;

(4) If the choice of reclamation is for the development of the affected land for homesite, recreational, industrial, or other uses, including food, shelter, and ground cover for wildlife, the requirements necessary for such reclamation shall be agreed upon by the operator, landowner, and the board. The term, industrial or other uses, may not be construed to include future mineral exploration or development unless the board, operator, landowner, and local board of county commissioners agree that reclamation for future mineral exploration or development will result in a beneficial future use of the affected land.

The board may require reasonable modifications in the requirements necessary for reclamation before approving a reclamation plan under this chapter.

Source: SL 1982, ch 305, § 45; SL 1987, ch 321, § 2; SL 2011, ch 165, § 204.
S.D. Codified Laws § 45-6B-97 — SD Code / Title 45 / Chapter 6B / Section 45-6B-97
Reclamation--Qualifications for credit--Assignment
Status: in_force

New permits or amendments to existing permits for expanded acres of surface mining disturbed land for operations referred to in §§ 45-6B-95 and 45-6B-96 may be issued only if the applicant has performed reclamation on an equal number of acres of permitted affected land, or has agreed not to disturb an equal acreage of permitted affected land, or, with consent of the board, has performed or agrees to perform reclamation concurrently with disturbance of an equal number of acres of previously mined land inside or outside a permit area boundary. For purpose of §§ 45-6B-94 to 45-6B-99 , inclusive only, reclamation is performed when the operator completes required grading, topsoil replacement, erosion, and drainage control and any required planting and seeding that the department finds meets the requirements of the approved reclamation plan. To qualify for reclamation credit, reclamation activities shall have been conducted after the operator was granted the original large - scale gold or silver surface mining permit and surety for the reclaimed acres of affected land shall not have been released prior to November 19, 1992. With consent of the board, a large - scale gold or silver surface mining operator may assign reclamation credit acreage to another large - scale gold or silver surface mining operator.

Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
S.D. Codified Laws § 45-6B-105 — SD Code / Title 45 / Chapter 6B / Section 45-6B-105
Location of Spearfish Canyon
Status: in_force

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,

SW1/4, NE1/4NW1/4, S1/2NW1/4

27

6 NORTH

2 EAST

S1/2SE1/4, S1/2NE1/4SE1/4

28

6 NORTH

2 EAST

E1/2NE1/4, SE1/4, NE1/4NW1/4NE1/4,

E1/2SW1/4NE1/4, SW1/4SW1/4NE1/4,

SE1/4SE1/4NW1/4,

E1/2NE1/4SW1/4, E1/2SE1/4SW1/4

33

6 NORTH

2 EAST

N1/2NW1/4, W1/2SW1/4NW1/4,

SE1/4SW1/4NW1/4, NW1/4SW1/4,

N1/2SW1/4SW1/4

34

6 NORTH

2 EAST

NW1/4NW1/4, SW1/4NW1/4,

SW1/4NE1/4NW1/4 NW1/4SE1/4NW1/4

3

5 NORTH

2 EAST

NE1/4, N1/2SE1/4, SW1/4SE1/4,

W1/2SE1/4SE1/4, NE1/4SE1/4SE1/4,

NE1/4NE1/4NW1/4, S1/2SE1/4NW1/4, SW1/4

4

5 NORTH

2 EAST

E1/2, S1/2NE1/4NW1/4, NE1/4NE1/4NW1/4,

E1/2SE1/4SW1/4, E1/2NE1/4SW1/4,

E1/2SE1/4NW1/4

8

5 NORTH

2 EAST

NW1/4, NW1/4SW1/4, SW1/4SW1/4,

N1/2NE1/4SW1/4, SW1/4NE1/4SW1/4,

N1/2NE1/4, NW1/4SW1/4NE1/4

9

5 NORTH

2 EAST

NW1/4NW1/4, N1/2SW1/4NW1/4,

SW1/4SW1/4NW1/4, NW1/4NW1/4SW1/4

16

5 NORTH

2 EAST

NE1/4, E1/2NW1/4, SW1/4NW1/4,

S1/2NW1/4NW1/4, NE1/4NW1/4NW1/4,

N1/2SE1/4, N1/2SW1/4, SW1/4SW1/4,

N1/2SE1/4SW1/4, SW1/4SE1/4SW1/4

17

5 NORTH

2 EAST

E1/2SE1/4, NW1/4SE1/4, N1/2SW1/4SE1/4,

SE1/4SW1/4SE1/4, S1/2SE1/4NE1/4,

NW1/4SE1/4NE1/4, S1/2SW1/4NE1/4,

NE1/4SW1/4NE1/4

18

5 NORTH

2 EAST

SE1/4, N1/2NE1/4, SE1/4NE1/4,

N1/2SW1/4NE1/4, SE1/4SW1/4NE1/4,

S1/2SW1/4, SE1/4NE1/4SW1/4

19

5 NORTH

2 EAST

W1/2W1/2NW1/4, SE1/4NW1/4NW1/4,

W1/2E1/2SW1/4NW1/4, W1/2SW1/4SW1/4,

NW1/4NW1/4SW1/4, W1/2NE1/4NW1/4SW1/4,

W1/2SW1/4NW1/4SW1/4

20

5 NORTH

2 EAST

W1/2NW1/4NW1/4, S1/2SW1/4NW1/4,

NW1/4NW1/4SW1/4

29

5 NORTH

2 EAST

W1/2SE1/4SW1/4, N1/2SW1/4, SW1/4SW1/4,

NW1/4SE1/4, N1/2SW1/4SE1/4,

NW1/4, N1/2NE1/4, SW1/4NE1/4,

W1/2SE1/4NE1/4, SE1/4SE1/4NE1/4,

S1/2NE1/4SE1/4NE1/4

30

5 NORTH

2 EAST

N1/2SW1/4, SE1/4SW1/4, E1/2SW1/4SW1/4,

NW1/4SW1/4SW1/4, W1/2NW1/4, W1/2NE1/4NW1/4,

SW1/4SE1/4NW1/4, S1/2SE1/4SE1/4NW1/4,

NW1/4SE1/4SE1/4NW1/4, S1/2NW1/4SE1/4NW1/4,

NW1/4NW1/4SE1/4NW1/4, W1/2SW1/4SE1/4,

SW1/4NW1/4SE1/4, W1/2NW1/4NW1/4SE1/4

31

5 NORTH

2 EAST

SE1/4SE1/4, S1/2NE1/4SE1/4,

NE1/4NE1/4SE1/4

25

5 NORTH

1 EAST

S1/2SE1/4SE1/4, NE1/4SE1/4,SE1/4

35

5 NORTH

1 EAST

S1/2NE1/4NE1/4, NE1/4NE1/4NE1/4,

SE1/4NE1/4, NE1/4SE1/4, N1/2SE1/4SE1/4,

SW1/4SE1/4SE1/4, E1/2SW1/4SE1/4,

NW1/4SW1/4SE1/4, NW1/4SE1/4, S1/2SW1/4NE1/4,

NW1/4SW1/4NE1/4, S1/2SE1/4NW1/4,

NE1/4SE1/4NW1/4, NE1/4SW1/4, NW1/4SW1/4,

SE1/4SW1/4NW1/4, SW1/4SW1/4, N1/2SE1/4SW1/4,

SW1/4SE1/4SW1/4

36

5 NORTH

1 EAST

S1/2SE1/4, S1/2NW1/4SE1/4, SE1/4SW1/4,

SW1/4SW1/4, SW1/4NW1/4SW1/4,

SW1/4SW1/4NW1/4

4

4 NORTH

2 EAST

S1/2, W1/2NW1/4, S1/2SE1/4NW1/4,

NW1/4SE1/4NW1/4, NW1/4NE1/4NW1/4,

S1/2SE1/4NE1/4, SW1/4NE1/4NE1/4,

SE1/4NW1/4NE1/4, E1/2SW1/4NE1/4,

NW1/4SE1/4NE1/4

5

4 NORTH

2 EAST

N1/2NE1/4, SE1/4NE1/4, N1/2SW1/4NE1/4,

SE1/4SW1/4NE1/4, NE1/4SE1/4,

N1/2SE1/4SE1/4, SW1/4SE1/4SE1/4,

E1/2SW1/4SE1/4, E1/2NE1/4NW1/4,

NE1/4SE1/4NW1/4, NW1/4NW1/4NW1/4

6

4 NORTH

2 EAST

E1/2E1/2, NW1/4NE1/4, N1/2SW1/4NE1/4,

NE1/4NW1/4, N1/2SE1/4NW1/4,

SE1/4NW1/4SE1/4, E1/2SW1/4SE1/4

8

4 NORTH

2 EAST

W1/2W1/2, NE1/4NW1/4, W1/2SE1/4NW1/4,

NE1/4SE1/4NW1/4, W1/2NE1/4SW1/4,

SE1/4NE1/4SW1/4, SE1/4SW1/4, S1/2SE1/4,

S1/2NW1/4SE1/4, S1/2NE1/4SE1/4

9

4 NORTH

2 EAST

SW1/4SW1/4, S1/2NW1/4SW1/4,

SW1/4NE1/4SW1/4, NW1/4SE1/4SW1/4

10

4 NORTH

2 EAST

SW1/4, N1/2SE1/4, W1/2SW1/4SE1/4,

NE1/4SW1/4SE1/4, W1/2NW1/4,

SE1/4NW1/4, S1/2NE1/4NW1/4

15

4 NORTH

2 EAST

N1/2N1/2, SW1/4NW1/4, N1/2SE1/4NW1/4,

SW1/4SE1/4NW1/4, N1/2NW1/4SW1/4,

SE1/4NE1/4, NE1/4SE1/4, N1/2SW1/4NE1/4,

SE1/4SW1/4NE1/4, E1/2SE1/4,SE1/4

16

4 NORTH

2 EAST

NE1/4NE1/4

17

4 NORTH

2 EAST

S1/2SE1/4SW1/4,

SW1/4SW1/4SE1/4,

SE1/4SE1/4, E1/2NE1/4SE1/4,

SE1/4SE1/4NE1/4

20

4 NORTH

2 EAST

W1/2SW1/4, N1/2NE1/4SW1/4, N1/2N1/2SE1/4,

SE1/4NW1/4, E1/2SW1/4NW1/4, SW1/4SW1/4NW1/4,

SE1/4NE1/4NW1/4, S1/2NE1/4, S1/2NW1/4NE1/4,

S1/2NE1/4NE1/4, NE1/4NE1/4NE1/4

21

4 NORTH

2 EAST

W1/2, N1/2NE1/4, N1/2SW1/4NE1/4,

N1/2SE1/4NE1/4

22

4 NORTH

2 EAST

SW1/4, W1/2SW1/4SE1/4, NE1/4SW1/4SE1/4,

NW1/4SE1/4SE1/4, SW1/4NE1/4SE1/4,

S1/2NW1/4SE1/4, SE1/4NW1/4, E1/2SW1/4NW1/4

26

4 NORTH

2 EAST

S1/2, N1/2NW1/4, SE1/4NW1/4,

SW1/4NE1/4, W1/2SE1/4NE1/4

27

4 NORTH

W1/2NW1/4NW1/4, W1/2SW1/4NW1/4,

NW1/4NW1/4SW1/4

28

4 NORTH

2 EAST

NE1/4, SE1/4NW1/4, E1/2NE1/4NW1/4, W1/2SE1/4,

W1/2NE1/4SE1/4, NE1/4NE1/4SE1/4, W1/2SE1/4SE1/4,

S1/2SW1/4, NE1/4SW1/4, S1/2NW1/4SW1/4

29

4 NORTH

2 EAST

E1/2SE1/4SE1/4, SE1/4NE1/4SE1/4

30

4 NORTH

2 EAST

S1/2NE1/4, E1/2SE1/4, E1/2NW1/4SE1/4,

S1/2SW1/4SE1/4, NE1/4SW1/4SE1/4

31

4 NORTH

2 EAST

N1/2NW1/4, SW1/4NW1/4, W1/2SE1/4NW1/4,

SE1/4SE1/4NW1/4, NW1/4NW1/4SW1/4

32

4 NORTH

2 EAST

N1/2NE1/4NE1/4

34

4 NORTH

2 EAST

E1/2NW1/4NW1/4, E1/2SW1/4NW1/4,

E1/2NW1/4, W1/2NW1/4NE1/4,

W1/2SW1/4NE1/4, W1/2NW1/4SE1/4,

NE1/4SW1/4, NE1/4NW1/4SW1/4

35

4 NORTH

2 EAST

NE1/4NE1/4, N1/2NW1/4NE1/4,

SE1/4NW1/4NE1/4

6

3 NORTH

2 EAST

E1/2NE1/4NE1/4, N1/2NW1/4, NW1/4NW1/4NE1/4,

N1/2SW1/4NW1/4, W1/2SE1/4NW1/4

1

4 NORTH

1 EAST

NE1/4, N1/2NW1/4SE1/4, N1/2NE1/4SE1/4,

SW1/4NW1/4SE1/4, NW1/4SW1/4SE1/4, SE1/4NW1/4,

SE1/4SW1/4NW1/4, N1/2SW1/4, SW1/4SW1/4,

W1/2SE1/4SW1/4, NE1/4SE1/4SW1/4

2

4 NORTH

1 EAST

S1/2SE1/4, S1/2SE1/4SW1/4

3

4 NORTH

1 EAST

NE1/4NW1/4, W1/2NW1/4NE1/4,

NE1/4NW1/4NE1/4, N1/2NE1/4NE1/4

10

4 NORTH

1 EAST

N1/2NW1/4NW1/4

11

4 NORTH

1 EAST

Source: SL 1995, ch 249, § 2.
S.D. Codified Laws § 45-6B-20 — SD Code / Title 45 / Chapter 6B / Section 45-6B-20
Inspection of site prior to issuance of permit--Surety for reclamation costs required
Status: in_force

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 the surety necessary to guarantee the costs of reclamation of affected public and private lands. The surety shall be filed or deposited with the board before the issuance of the mining permit in such form as required by the board.

Source: SL 1982, ch 305, § 20.
S.D. Codified Laws § 45-6C-10 — SD Code / Title 45 / Chapter 6C / Section 45-6C-10
Notice to Department of Game, Fish and Parks--Restrictions concerning riparian habitat
Status: in_force

Upon receipt of a notice of intent to conduct an exploration operation, the Department of Agriculture and Natural Resources shall notify the Department of Game, Fish and Parks of the area proposed for the exploration operation. The operator shall abide by any reasonable restrictions subject to review and approval by the Board of Minerals and Environment at the request of the operator concerning riparian habitat or threatened or endangered species as notified, in writing, by that department within thirty days of the filing of the notice. Restriction concerning riparian habitat for exploration activities are limited to such habitat located within one hundred feet of each stream bank. Such restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area. Revegetation of the riparian habitat area shall be agreed upon by the Department of Game, Fish and Parks before notifying the operator. A copy of any such restrictions shall be filed with the department by the Department of Game, Fish and Parks.

Source: SL 1982, ch 306, § 10; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-29 — SD Code / Title 45 / Chapter 9 / Section 45-9-29
Order establishing spacing units--Modification to prevent waste, avoidance of unnecessary wells, or to protect correlative rights
Status: in_force

When found necessary for the preventing of waste or to avoid the drilling of unnecessary wells, or to protect correlative rights, an order establishing spacing units in a pool may be modified by the Board of Minerals and Environment to increase the size of spacing units in the pools or any zone thereof, or to permit the drilling of additional wells on a reasonably uniform pattern in the pool.

Source: SDC Supp 1960, § 42.0708 (5) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-9-21 — SD Code / Title 45 / Chapter 9 / Section 45-9-21
Spacing units for a pool--Size and shape, establishment by board, modifications and exceptions
Status: in_force

Except where circumstances reasonably require, spacing units shall be of approximately uniform size and shape for the entire pool. The Board of Minerals and Environment may establish spacing units of different sizes or shapes for different parts of a pool or may grant exceptions to the size or shape of any spacing unit or units or may change the size or shape of one or more existing spacing units.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o); SDC Supp 1960, § 42.0708 (3) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6B-17 — SD Code / Title 45 / Chapter 6B / Section 45-6B-17
Notice of application--Mailing to owners and lessees of surface rights
Status: in_force

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 certified mail with return receipt requested where possible, shall be provided the Board of Minerals and Environment and become part of the application.

Source: SL 1982, ch 305, § 17.
S.D. Codified Laws § 45-6C-31 — SD Code / Title 45 / Chapter 6C / Section 45-6C-31
Test holes used for water wells
Status: in_force

If any test holes drilled are to be ultimately used or are to be converted to water wells, the user shall comply with the provisions of chapter 46-6 .

Source: SL 1982, ch 306, § 31.
S.D. Codified Laws § 45-6B-1 — SD Code / Title 45 / Chapter 6B / Section 45-6B-1
Citation of chapter
Status: in_force

This chapter may be cited as the "South Dakota Mined Land Reclamation Act."

Source: SL 1982, ch 305, § 1.
S.D. Codified Laws § 45-6C-19 — SD Code / Title 45 / Chapter 6C / Section 45-6C-19
Inspection of area before exploration--Surety for costs of plugging test holes and reclamation
Status: in_force

The department may inspect the area proposed to be explored. Based upon this inspection, the criteria established in § 45-6C-20 , and the submitted reclamation plan, the department shall set the level of the surety necessary to guarantee the costs of plugging all the proposed test holes and reclamation of affected public and private lands.

The operator shall file or deposit the surety with the department, in a form required by the department, before commencing the exploration operation.

In lieu of filing or depositing a surety for each exploration operation, the operator may post a surety in the amount of one hundred thousand dollars for statewide exploration. If a statewide surety is posted, the person posting the surety must otherwise comply with the provisions of this chapter for every area to be explored.

Source: SL 1982, ch 306, § 19; SL 1987, ch 323, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2024, ch 181, § 7.
S.D. Codified Laws § 45-6D-9 — SD Code / Title 45 / Chapter 6D / Section 45-6D-9
Reclamation plan--Contents
Status: in_force

The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is mandatory on all affected lands. The reclamation plan shall include the following:

(1) A description of the type of reclamation the operator proposes to achieve in the reclamation of the affected land;

(2) A proposed timetable for seeding and replanting indicating when and how the reclamation plan will be implemented. Such timetable shall be developed after consulting the local conservation district as to the nature of the soils and native vegetation in the area of the proposed exploration operation. The recommendations of the local conservation district shall be followed if any are provided;

(3) A narrative description of how the reclamation plan will rehabilitate the affected land;

(4) A narrative description of the temporary and permanent plugging and capping procedure to be used;

(5) The estimated cost of implementing and completing the proposed reclamation and the estimated cost of plugging and sealing each test hole pursuant to the provisions of §§ 45-6D-33 and 45-6D-34 .

Source: SL 1982, ch 307, § 9.
S.D. Codified Laws § 45-6C-24 — SD Code / Title 45 / Chapter 6C / Section 45-6C-24
Surety liability continues until released
Status: in_force

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 306, § 24.
S.D. Codified Laws § 45-9-47 — SD Code / Title 45 / Chapter 9 / Section 45-9-47
Order of board for unit operation--Express or implied obligations of contract covering land in unit area, fulfillment by conducting operations under order
Status: in_force

Operations conducted pursuant to an order of the Board of Minerals and Environment providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the board.

Source: SDC Supp 1960, § 42.0710 (8) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6C-6 — SD Code / Title 45 / Chapter 6C / Section 45-6C-6
Notice of intent to conduct exploration operation--Items comprising notice
Status: in_force

Any person desiring to conduct an exploration operation shall file with the Department of Agriculture and Natural Resources a notice of intent to conduct an exploration operation on a form approved by the Board of Minerals and Environment. Each notice of intent shall be limited to sixteen contiguous townships.

The notice of intent shall include the following:

(1) A notice form pursuant to § 45-6C-7 ;

(2) A plan of reclamation pursuant to § 45-6C-8 ;

(3) A map pursuant to § 45-6C-9 ; and

(4) A fee pursuant to § 45-6C-17 .

Source: SL 1982, ch 306, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6C-9 — SD Code / Title 45 / Chapter 6C / Section 45-6C-9
Map of exploration area
Status: in_force

The applicant shall submit with the notice of intent a map, topographic map if available, of the proposed exploration area and of the adjacent one - half mile area surrounding the proposed exploration area. The map shall identify the location of all known natural springs, lakes, ponds, reservoirs, water pipelines, earthen dams, private and public water wells, buildings, proposed or existing roads or trails, and the tentative test hole locations within one - fourth of one - fourth of a section. Where closely placed test holes are anticipated, an outline of that area shall be indicated in lieu of identifying each test hole location. The scale of such map shall be not more than one to twenty - five thousand. Such map shall clearly present the required information. Submission of the most recent United States geological survey maps, if available, is adequate and the operator shall clearly identify the information required by this section on the map.

Source: SL 1982, ch 306, § 9.
S.D. Codified Laws § 45-6B-6 — SD Code / Title 45 / Chapter 6B / Section 45-6B-6
Application for permit--Contents
Status: in_force

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 initiate a mining operation on the affected land;

(5) The source of the applicant's legal right to dispose of tailings on the described affected land, if applicable;

(6) The address and telephone number of the general office and the local address and telephone number of the applicant;

(7) The mineral or minerals to be extracted or milled, or both;

(8) A description of the method of mining or milling to be employed which shall include, if applicable:

(a) A contour basis for the mining operation;

(b) The depth to which and the direction in which the mining operations are proposed to be conducted;

(c) The proposed disposition of mine spoil and tailings; and

(d) The method of blasting and control thereof;

(9) The size of the area to be worked at any one time;

(10) The timetable estimating the proposed duration of the mining operation; and

(11) The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant access to the Board of Minerals and Environment or its agents to the area under application from the date of the application and during the life of the permit as is necessary to assure compliance with the provisions of this chapter or any rule, order or decision promulgated hereunder.

Source: SL 1982, ch 305, § 6; SL 2021, ch 191, § 2.
S.D. Codified Laws § 45-6B-3 — SD Code / Title 45 / Chapter 6B / Section 45-6B-3
Definition of terms
Status: in_force

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," land from which overburden is to be or has been removed and land upon which overburden, waste rock, mine spoil, or mill tailings is to be or has been deposited; land which is disturbed by the building of access roads, railroad loops, warehouses, storage areas, or other support facilities for the purpose of mining or milling; and land affected by surface subsidence, unstable slopes, and other surface effects caused by underground mine workings;

(3) "Aquifer," a water - bearing bed or stratum of permeable rock, sand, or gravel capable of yielding usable quantities of water to wells or springs;

(4) "Black Hills," Lawrence County south of Interstate Highway 90, Meade County west and south of Interstate Highway 90 and Pennington and Custer Counties west of South Dakota Highway 79;

(5) "Board," the Board of Minerals and Environment;

(6) "Department," the Department of Agriculture and Natural Resources;

(7) "Development," the work performed in relation to a deposit, following the exploration required to prove minerals are in existence in commercial quantities but before production activities, aimed at preparing the site for mining, defining further the ore deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities;

(8) "Life of the mine permit," a permit to conduct a mining operation which is in effect if:

(a) An operator continues to engage in the extraction of minerals and complies with the provisions of this chapter;

(b) Mineral reserves are shown by the operator to remain in the mining operation and the operator plans to, or does, temporarily cease production for one hundred eighty days or more if the operator files a notice thereof with the board stating the reasons for nonproduction, a plan for ceasing production for one hundred eighty days or more if the operator files a notice thereof with the board stating the reasons for nonproduction, a plan for the resumption of production, and the measures taken to comply with reclamation and other necessary activities as established by the board to maintain the mine in a nonproducing state. The requirement of a notice of temporary cessation does not apply to operators who resume operating within one year and have included, in their permit applications, a statement following the exploration required to prove minerals are in existence in that the affected lands are to be used for less than one hundred eighty days per year;

(c) Production is resumed within five years of the date production ended, or the operator files a report requesting an extension of the period of temporary cessation of production with the board stating the reasons for the continuation of nonproduction and those factors necessary to, and the operator's plans for, resumption of production. A temporary cessation of production may not be continued for more than ten years without terminating the operation and fully complying with the reclamation requirements of this chapter.

A life of the mine permit includes that period of time after cessation of production necessary to complete reclamation of affected lands, until the board releases, in writing, the operator from further reclamation obligations regarding the affected land, declares the mining operation terminated, and releases the surety thereon;

(9) "Milling," the beneficiation of a mined material from its natural occurrence in ore;

(10) "Mineral," a substance with economic value, whether organic or inorganic, that can be extracted from the earth, other than the following: water, oil, gas, sand, gravel, or rock to be crushed and used in construction, pegmatite minerals, or limestone, sand, gypsum, shale, or iron ore used in the process of making cement;

(11) "Mining operation," the development or extraction of a mineral from its natural occurrence on affected land. The term includes surface mining and surface operation, in situ mining, the reprocessing of tailings piles, the disposal of refuse from underground mining, milling and processing located on the land described in the application for a mining permit, and stand-alone milling and processing facilities utilizing chemical or biological leaching agents. The term does not include extraction of sand, gravel, or rock to be crushed and used in construction, exploration activities, bulk sampling, the exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipe, borrow excavation for embankments, or the extraction of geothermal resources;

(12) "Operator," any person, firm, partnership, limited liability company, association, or corporation or any department, division or agency of federal, state, county, or municipal government engaged in or controlling a mining operation;

(13) "Overburden," all of the earth and other materials which are disturbed or removed, in the original state, or as it exists after removal from its natural state in the process of surface mining;

(14) "Reclamation," the employment during and after a mining operation of procedures reasonably designed to minimize as much as practicable the disruption from the mining operation and to provide for the rehabilitation of affected land through the rehabilitation of plant cover, soil stability, water resources, or other measures appropriate to the subsequent beneficial use of such mined and reclaimed lands;

(15) "Surface mining," the mining of minerals by removing the overburden lying above such deposits and mining directly from the deposits thereby exposed. The term includes mining directly from such deposits where there is no overburden and such practices as open cut mining, open pit mining, strip mining, placer mining, quarrying, and dredging;

(16) "Surface mining disturbed land," land from which overburden has been removed, land upon which overburden, waste rock, mine spoil, or mill tailings have been deposited, land mined which has no overburden, heap leach pads, and process ponds;

(17) "Tailings," the discharged valueless product of a beneficiation process.

Source: SL 1982, ch 305, § 3; SL 1983, ch 308, § 1; SL 1988, ch 357, § 1; SL 1988, ch 358, § 1; SL 1990, ch 353, § 5; SL 1990, ch 354, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1993, ch 332, § 1; SL 1994, ch 351, § 107; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021; SL 2021, ch 191, § 1.
S.D. Codified Laws § 45-6C-4 — SD Code / Title 45 / Chapter 6C / Section 45-6C-4
Permit or surety not required by governmental office or political subdivision of state
Status: in_force

No governmental office of any political subdivision of the state has the authority to require or issue a permit or to require any surety for exploration operations.

Source: SL 1982, ch 306, § 4.
S.D. Codified Laws § 45-6-76 — SD Code / Title 45 / Chapter 6 / Section 45-6-76
Refusing entry for inspection as violation of license--Obstructing inspection prohibited--Report of inspector to operator
Status: in_force

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 to 45-6-77 , inclusive. No operator may obstruct, hamper, or interfere with any such investigation. The operator of the mining site may request and shall receive a report within ten days after the inspection setting forth the observations made by the person making the inspection which relate to compliance with §§ 45-6-64 to 45-6-77 , inclusive.

Source: SL 1983, ch 308, § 14; SL 2011, ch 165, § 198.
S.D. Codified Laws § 45-4-4 — SD Code / Title 45 / Chapter 4 / Section 45-4-4
Location certificate--Recording of claim--Contents--Validity
Status: in_force

The discoverer of a lode shall within sixty days from the date of discovery record the claim in the office of the register of deeds of the county in which the lode is located by a location certificate which shall contain:

(1) The name of the lode;

(2) The name of the locator or locators;

(3) The date of location;

(4) If a lode claim, the number of linear feet in length claimed along the course of the vein each way from the point of discovery, with the width claimed on each side of the center of the vein; the general course of the vein or lode as near as may be; and a description of the claim located by reference to some natural object or permanent monument as will identify the claim.

Any location certificate of a lode claim that does not contain the information specified in this section is void.

Source: PolC 1877, ch 31, §§ 3, 4; SL 1881, ch 96, §§ 1, 2; CL 1887, §§ 1999, 2000; SL 1899, ch 113; RPolC 1903, §§ 2534, 2535; RC 1919, §§ 8728, 8729; SDC 1939, §§ 42.0103, 42.0104; SL 1955, ch 152, § 1; SL 2011, ch 165, § 169.
S.D. Codified Laws § 45-6B-30 — SD Code / Title 45 / Chapter 6B / Section 45-6B-30
Hearing on application--Time extension--Notice--Time for decision
Status: in_force

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 applicant, may extend this time limit as reasonably necessary to allow the preparation of a socioeconomic impact study required under § 45-6B-33.1 or for any other reason, except that any time extension exceeding forty - five days shall require the applicant to republish the notice prescribed by § 45-6B-16 . If the department determines additional time is needed to review the technical contents of a large scale mining operation permit application, the department and the applicant may negotiate a time extension, not to exceed forty - five days. 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 or statement in support of the application pursuant to § 45-6B-28 , and shall publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the locality of the proposed mining operation once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted pursuant to chapter 1-26 . A final decision on the application shall be made within one hundred twenty days of the receipt of the application unless a time extension occurs, in which case the decision shall be made within thirty days following the hearing. In the event of serious unforeseen circumstances or significant snow cover on the affected land that prevents a necessary on - site inspection, the board may reasonably extend the maximum time sixty days.

Source: SL 1982, ch 305, § 30; SL 1987, ch 320, § 3; SL 1988, ch 360, § 3.
S.D. Codified Laws § 45-6C-17 — SD Code / Title 45 / Chapter 6C / Section 45-6C-17
Fee for notice of intent
Status: in_force

A fee of two hundred fifty dollars shall accompany the notice of intent.

Source: SL 1982, ch 306, § 17.
S.D. Codified Laws § 45-6C-44 — SD Code / Title 45 / Chapter 6C / Section 45-6C-44
Operator currently in violation--Filing notice of intent prohibited
Status: in_force

Any operator who is currently found to be in violation of the provisions of this chapter with respect to any operation in this state may not file a notice of intent to conduct an exploration operation. The Department of Agriculture and Natural Resources shall return any such attempted filing. Such notice is null and void.

Source: SL 1982, ch 306, § 44; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-28 — SD Code / Title 45 / Chapter 9 / Section 45-9-28
Scope of order establishing spacing units for a pool--Modification--Inclusion of additional area--Exclusion of land not underlaid by pool
Status: in_force

An order establishing spacing units for a pool shall cover all lands determined or believed to be underlaid by such pool, and may be modified by the Board of Minerals and Environment from time to time to include additional areas determined to be underlaid by such pool, or to exclude lands determined not to be underlaid by such pool.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (3); SDC Supp 1960, § 42.0708 (5) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6C-49 — SD Code / Title 45 / Chapter 6C / Section 45-6C-49
General powers of board
Status: in_force

The Board of Minerals and Environment may:

(1) Administer oaths or affirmations, subpoena witnesses, and compel their attendance at a hearing;

(2) Accept gifts, contributions, federal grants - in - aid, or financial aid from any other source for accomplishing plugging and reclamation;

(3) Carry out plugging of test holes and reclamation of affected lands.

Source: SL 1982, ch 306, § 49.
S.D. Codified Laws § 45-6B-87 — SD Code / Title 45 / Chapter 6B / Section 45-6B-87
Large-scale gold or silver surface mining operations not exempt from federal laws
Status: in_force

Nothing in this chapter relieves the holder of any large-scale gold or silver surface mining permit from any of the requirements of the Clean Air Act of 1955, as amended to January 1, 2011, the Clean Water Act of 1977, as amended to January 1, 2011, the South Dakota Air Quality Act (chapter 34A-1 ), the Federal Water Pollution Control Act of 1972, as amended to January 1, 2011, the Safe Drinking Water Act (P.L. 93-523), as amended to January 1, 2011, the Mine Safety and Health Administration regulations (30 C.F.R. Part 3830), as amended to January 1, 2011, United States Forest Service surface mining and exploration reclamation requirements (43 C.F.R., page 228), as amended to January 1, 2011, Bureau of Land Management mining and exploration requirements (43 C.F.R. Part 3800), as amended to January 1, 2011, the Mined Land Reclamation Act (this chapter), the regulated substance discharges statutes in chapter 34A-12 , the Resource Conservation and Recovery Act of 1976, as amended to January 1, 2011, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (P.L. 95-510), as amended to January 1, 2011, the Toxic Substance Control Act of 1976 (P.L. 94-469), as amended to January 1, 2011, Lawrence County extractive industries ordinances, as amended to January 1, 2011, and all rules and regulations promulgated to implement existing statutes, including rules dealing with air pollution, control of visible emissions, open burning, control of particulate emissions, control of sulfur compound emissions, new source performance standards, standards of performance for storage vessels of petroleum liquids, air standards, spill control plans, buried tanks, water pollution, public water systems, and dredge and fill permit requirements.

Source: SL 1990, ch 353, § 7; SL 2011, ch 165, § 208.
S.D. Codified Laws § 45-6B-21 — SD Code / Title 45 / Chapter 6B / Section 45-6B-21
Criteria for determining amount and duration of surety
Status: in_force

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 mining operation. The board shall also consider any surety or cash bond for the proposed mining operation required by an agency of the federal government which surety is required for reclamation purposes. The amount of the surety shall be based on the cost of reclaiming only that portion of the affected lands to be disturbed and the extent of such disturbance at any one time during the various stages of the mining operation.

Source: SL 1982, ch 305, § 21.
S.D. Codified Laws § 45-5A-2 — SD Code / Title 45 / Chapter 5A / Section 45-5A-2
Purpose of chapter
Status: in_force

It is the purpose of this chapter to provide the maximum amount of constitutionally permissible protection to surface owners from the undesirable effects of mineral development. This chapter is to be interpreted to benefit surface owners, regardless of when the mineral estate was separated from the surface estate.

Source: SL 1982, ch 304, § 2.
S.D. Codified Laws § 45-6D-24 — SD Code / Title 45 / Chapter 6D / Section 45-6D-24
Surety liability continues until released
Status: in_force

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 307, § 24.
S.D. Codified Laws § 45-6D-32 — SD Code / Title 45 / Chapter 6D / Section 45-6D-32
Exploration operations--Applicable laws
Status: in_force

Every operator to whom a permit is issued pursuant to the provisions of this chapter may engage in the uranium exploration operation upon the affected lands described in the permit, upon the performance of and subject to §§ 45-6D-33 to 45-6D-39 , inclusive, with respect to such lands.

Source: SL 1982, ch 307, § 32.
S.D. Codified Laws § 45-6B-38 — SD Code / Title 45 / Chapter 6B / Section 45-6B-38
Disposal of refuse
Status: in_force

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.
S.D. Codified Laws § 45-6D-17 — SD Code / Title 45 / Chapter 6D / Section 45-6D-17
Domestic water wells--Information required of operator
Status: in_force

The Board of Minerals and Environment may require the operator, prior to commencing a uranium exploration operation, to provide water quality information concerning designated domestic water wells within the proposed permit area or within one - half mile of the proposed permit area. If the operator is refused access to any water well, the operator shall notify, in writing, the board of such refusal and may not be required thereafter to provide any information concerning such well.

Source: SL 1982, ch 307, § 17.
S.D. Codified Laws § 45-6D-66 — SD Code / Title 45 / Chapter 6D / Section 45-6D-66
Specifications regarding application of chapter to new and prior operations
Status: in_force

Permits for uranium exploration operations shall be obtained as specified below:

(1) After July 1, 1982, any operator proposing to engage in a new uranium exploration operation must first obtain a permit pursuant to the provisions of this chapter;

(2) Applications for exploration operation permits filed under the provisions of chapter 45-6A prior to and pending on July 1, 1982, shall be processed in accordance with the provisions of this chapter;

(3) Exploration permits granted under the provisions of chapter 45-6A prior to July 1, 1982, are valid permits for purposes of this chapter and are subject to the provisions of this chapter for the purpose of renewal.

Source: SL 1982, ch 307, § 66.
S.D. Codified Laws § 45-5-11 — SD Code / Title 45 / Chapter 5 / Section 45-5-11
Bond pending appeal
Status: in_force

The prosecution of any appeal may not hinder, delay, or prevent the respondent from exercising all the rights and privileges mentioned in § 45-5-6 , if the respondent files with the clerk of the court in which the appeal is pending a bond with sufficient sureties to be approved by the clerk in double the amount of the assessment appealed from, conditioned that the respondent will pay to the appellant whatever amount the appellant may recover in the action, not exceeding the amount of the bond.

Source: SL 1881, ch 97, § 11; CL 1887, § 2026; RPolC 1903, § 2560; RC 1919, § 8754; SDC 1939, § 42.0210; SL 2011, ch 165, § 189.
S.D. Codified Laws § 45-6B-26 — SD Code / Title 45 / Chapter 6B / Section 45-6B-26
Surety penalty--Amount
Status: in_force

The penalty of the required surety shall be in an amount sufficient to cover the cost of reclamation as determined pursuant to § 45-6B-21 .

Source: SL 1982, ch 305, § 26.
S.D. Codified Laws § 45-6-70 — SD Code / Title 45 / Chapter 6 / Section 45-6-70
Emergency waiver of notice requirements
Status: in_force

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 45-6-69 .

Source: SL 1983, ch 308, § 8; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6C-36 — SD Code / Title 45 / Chapter 6C / Section 45-6C-36
Violation--Notice to operator
Status: in_force

If the secretary of agriculture and natural resources has reason to believe that a violation of this chapter has occurred, written notice shall be given to the operator of the alleged violation. The notice shall be served personally or by registered mail upon the alleged violator or the alleged violator's agent for service of process. The notice shall state the provision alleged to be violated and the facts alleged to constitute the violation and shall recommend possible corrective action.

Source: SL 1982, ch 306, § 36; SL 1991, ch 17 (Ex. Ord. 91-4), § 21; SL 2011, ch 165, § 214; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6C-23 — SD Code / Title 45 / Chapter 6C / Section 45-6C-23
Surety payable to state--Conditions required
Status: in_force

The surety provided for by § 45-6C-19 shall be payable to the State of South Dakota and conditioned upon the operator's faithful performance of all requirements of this chapter. If a corporate surety bond is required, such bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21 . Such surety shall remain in effect until the test hole plugging and reclamation are approved by the Board of Minerals and Environment and the surety is released by the board. At least thirty days prior to the release of the surety, the Department of Agriculture and Natural Resources shall notify the board of county commissioners of the affected county and the surface owner or lessee of the affected land, if other than the mineral owner, of the proposed surety release.

Source: SL 1982, ch 306, § 23; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6C-46 — SD Code / Title 45 / Chapter 6C / Section 45-6C-46
Refusal of access or interference with inspection as violation
Status: in_force

It is a violation of this chapter 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 this chapter; nor shall any person obstruct, hamper, or interfere with any such investigation. If requested, the operator of the exploration site shall receive a report setting forth the observations made by the person making the inspection which relate to compliance with this chapter.

Source: SL 1982, ch 306, § 46.
S.D. Codified Laws § 45-6B-41 — SD Code / Title 45 / Chapter 6B / Section 45-6B-41
Disturbance to hydrologic balance
Status: in_force

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, ch 305, § 41.
S.D. Codified Laws § 45-6C-53 — SD Code / Title 45 / Chapter 6C / Section 45-6C-53
Transfer of notice of intent
Status: in_force

Any exploration notice of intent may be transferred. If one operator succeeds another at any uncompleted exploration 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 compliance or cannot be brought into compliance, with all applicable local, state, and federal laws pertaining to the operation before the transfer, or unless the successor operator is in violation of state statutes, rules, notice restrictions, mining permit conditions, or requirements with respect to any exploration or mining operation in the state. The board shall release the first operator from reclamation liability as to that particular exploration operation and shall release the first operator's surety posted to cover the costs of reclamation if the successor operator assumes, as part of the successor operator's obligation under this chapter, all liability for the reclamation of the affected land not completed by the first operator and reclamation of any additional lands affected under the notice. The obligation to complete this reclamation shall be covered by an appropriate surety. The successor may only conduct exploration work authorized in the notice and shall comply with the terms and conditions established when the original notice was issued. Notice of a transfer shall be given to the board and shall be accompanied by a two hundred fifty dollar transfer fee.

Source: SL 1993, ch 333, § 1; SL 2011, ch 165, § 216.
S.D. Codified Laws § 45-6C-26 — SD Code / Title 45 / Chapter 6C / Section 45-6C-26
Exploration operations--Applicable laws
Status: in_force

Every operator who files notice of intent to conduct an exploration operation may engage in the exploration operation upon the affected lands described in the notice of intent to conduct an exploration operation, upon the performance of and subject to §§ 45-6C-27 to 45-6C-34 , inclusive, with respect to such lands.

Source: SL 1982, ch 306, § 26.
S.D. Codified Laws § 45-6B-79 — SD Code / Title 45 / Chapter 6B / Section 45-6B-79
Use of reclamation fund
Status: in_force

The Board of Minerals and Environment may allocate funds from the reclamation fund created by section 30 of chapter 251 of the 1971 Session Laws. These funds may be used for the reclamation of previously affected lands.

Source: SL 1983, ch 310.
S.D. Codified Laws § 45-6C-42 — SD Code / Title 45 / Chapter 6C / Section 45-6C-42
Violation--Forfeiture of surety--Reclamation of land by board
Status: in_force

The Board of Minerals and Environment shall plug and 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 306, § 42.
S.D. Codified Laws § 45-6-64 — SD Code / Title 45 / Chapter 6 / Section 45-6-64
Sand, gravel and construction aggregate mining--Definitions
Status: in_force

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, storage areas, or other support facilities for the purpose of mining; and unstable slopes;

(2) "Board," the Board of Minerals and Environment;

(3) "Department," the Department of Agriculture and Natural Resources;

(4) "Operator," any person, firm, partnership, limited liability company, association, or corporation or any department, division, or agency of federal or state government or any political subdivision of the state; and

(5) "Secretary," the secretary of the Department of Agriculture and Natural Resources.

Source: SL 1983, ch 308, § 2; SL 1994, ch 351, § 106; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-4-16 — SD Code / Title 45 / Chapter 4 / Section 45-4-16
Actions involving mining claims--Survey ordered by court
Status: in_force

In all actions in any circuit court of this state in which the title or right of possession to any mining claim is in dispute, the court may, upon application of any of the parties to the suit, enter an order for the underground as well as surface survey of the part of the property in dispute as may be necessary to a just determination of the question involved.

Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, § 176.
S.D. Codified Laws § 45-6B-61 — SD Code / Title 45 / Chapter 6B / Section 45-6B-61
Small-scale operation--Conversion of permit--Time for action on application
Status: in_force

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.
S.D. Codified Laws § 45-9-22 — SD Code / Title 45 / Chapter 9 / Section 45-9-22
Spacing units to be sized and shaped for efficient development of pool--Minimum size
Status: in_force

An order establishing spacing units shall specify the size and shape of the units, which will in the opinion of the Board of Minerals and Environment result in the efficient and economical development of the pool as a whole. The size of the spacing units may not be smaller than the maximum area that can be efficiently and economically drained by one well.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (1); SDC Supp 1960, § 42.0708 (2) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 236.
S.D. Codified Laws § 45-6D-27 — SD Code / Title 45 / Chapter 6D / Section 45-6D-27
County request for hearing on application
Status: in_force

The board of county commissioners of a county containing affected land may request that the hearing on the application for a uranium exploration operation 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 publication of notice pursuant to § 45-6D-12 . Such request shall contain the reason for requesting the hearing and the location where the hearing is to be held. The board of county commissioners shall pay travel and per diem costs as established by state statute or rule to the board's staff if the request designates the hearing at a location other than Pierre.

Source: SL 1982, ch 307, § 27.
S.D. Codified Laws § 45-6D-18 — SD Code / Title 45 / Chapter 6D / Section 45-6D-18
Fee for application
Status: in_force

The application fee for a uranium exploration operation permit is five hundred dollars and shall accompany the application.

Source: SL 1982, ch 307, § 18.
S.D. Codified Laws § 45-6C-52 — SD Code / Title 45 / Chapter 6C / Section 45-6C-52
Annual report of activities conducted under notice of intent--Information to be included
Status: in_force

For each exploration notice of intent held by an operator, an annual report of activities conducted under the notice shall be submitted to the department by January first of each year. Any operator holding more than one notice may submit a single annual report describing activities conducted under all such notices. The annual report shall include the following information:

(1) The total number of drill holes, trenches, bulk sampling sites, or shot holes allowed by the notice;

(2) The total number of drill holes, trenches, bulk sampling sites, or shot holes completed during the previous year under the notice;

(3) The total amount of surface disturbance created as the result of conducting exploration activities under the notice;

(4) The total number of drill or shot holes plugged and reclaimed during the previous year including the method used to plug each hole;

(5) The total amount of surface disturbance reclaimed during the previous year;

(6) The total amount of surface disturbance remaining to be reclaimed;

(7) The total number of drill or shot holes remaining to be plugged and reclaimed; and

(8) A description of the coming year's activities to be conducted under the notice.

The annual report shall be accompanied by a map of sufficient detail to clearly depict the information required in the annual report.

Source: SL 1992, ch 254, § 6.
S.D. Codified Laws § 45-6B-23 — SD Code / Title 45 / Chapter 6B / Section 45-6B-23
Cash or securities in lieu of surety
Status: in_force

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 § 45-6B-24 .

Source: SL 1982, ch 305, § 23; SL 1987, ch 323, § 1.
S.D. Codified Laws § 45-6D-19 — SD Code / Title 45 / Chapter 6D / Section 45-6D-19
Inspection of area prior to issuance or renewal of permit--Surety for costs of plugging test holes and reclamation
Status: in_force

Prior to the issuance of a uranium exploration operation permit or renewal of a uranium exploration operation permit the Board of Minerals and Environment shall cause an inspection to be made of the area proposed to be explored. Based upon this inspection, the criteria established in § 45-6D-20 , and the submitted reclamation plan, the board shall set the level of the surety necessary to guarantee the costs of plugging all of the proposed test holes and reclamation of affected public and private lands. The surety shall be filed or deposited with the board before the issuance of the uranium exploration operation permit in such form as required by the board.

Source: SL 1982, ch 307, § 19; SL 2006, ch 224, § 1.
S.D. Codified Laws § 45-6D-56 — SD Code / Title 45 / Chapter 6D / Section 45-6D-56
Violation--Forfeiture of surety--Proceedings by attorney general
Status: in_force

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 § 45-6D-51 . Before making such request of the attorney general, the board shall notify the operator in writing of the alleged violation of or noncompliance with such order and shall afford the operator the right to appear before the board at a hearing to be held not less than thirty days after the receipt of such notice by the operator. At the hearing the operator may present for the consideration of the board statements, documents, and other information with respect to the alleged violation. After the conclusion of the hearings, the board shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the surety of the operator forfeited as to the land involved. A corporate surety shall have the option to reclaim the lands in question, plug the appropriate test holes, or forfeit the bond penalty.

Source: SL 1982, ch 307, § 56.
S.D. Codified Laws § 45-9-44 — SD Code / Title 45 / Chapter 9 / Section 45-9-44
Order of board for unit operation of a pool embraced in unit area established by prior order--Allocation of production
Status: in_force

The Board of Minerals and Environment, by an order, may provide for the unit operation of a pool or pools or parts thereof that embrace a unit area established by a previous order of the board. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated hereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order.

Source: SDC Supp 1960, § 42.0710 (6) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6-77 — SD Code / Title 45 / Chapter 6 / Section 45-6-77
Exemption of extraction for personal use
Status: in_force

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.
S.D. Codified Laws § 45-9-24 — SD Code / Title 45 / Chapter 9 / Section 45-9-24
Spacing units of different sizes or shapes--Adjustment of allowable production
Status: in_force

If spacing units of different sizes or shapes exist in a pool, the Board of Minerals and Environment shall, if necessary, and if production is limited due to physical waste, adjust the allowable production from any wells drilled in the pool so that each person entitled to a share of the production in each spacing unit has a reasonable opportunity to produce or receive his or her just and equitable share of the production.

Source: SDC Supp 1960, § 42.0708 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 237.
S.D. Codified Laws § 45-6B-59 — SD Code / Title 45 / Chapter 6B / Section 45-6B-59
Laws applicable to processing and action on applications
Status: in_force

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 documents shall, so far as practicable, apply to this section, but the Board of Minerals and Environment shall, by rule, provide simplified and reduced procedures and requirements therefor which are applicable to meet the forty - five - day period. Within the forty - five - day period, the board shall hold a hearing on an application as provided in § 45-6B-30 .

Source: SL 1982, ch 305, § 59.
S.D. Codified Laws § 45-6D-13 — SD Code / Title 45 / Chapter 6D / Section 45-6D-13
Notice to Department of Game, Fish and Parks--Restrictions concerning riparian habitat
Status: in_force

The Board of Minerals and Environment shall notify the Department of Game, Fish and Parks of the area proposed for the uranium exploration operation and any modifications proposed in a renewal application. The board shall include any restrictions concerning riparian habitat or threatened or endangered species as notified, in writing, by that department within the terms and conditions of an approved or renewed permit. The operator shall abide by any reasonable restrictions, subject to review and approval by the board at the request of the operator, concerning riparian habitat as notified by that department. Restrictions concerning riparian habitat for exploration operation activities are limited to such habitat located within one hundred feet of each stream bank. Further, restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area. Revegetation of the riparian habitat area shall be agreed upon by both the Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources before notifying the operator.

Source: SL 1982, ch 307, § 13; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6-65 — SD Code / Title 45 / Chapter 6 / Section 45-6-65
License required--Compliance with requirements--Fee--Deposit
Status: in_force

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 shall comply with the requirements of §§ 45-6-68 , 45-6-69 , 45-6-71 , and 45-6-72 , for each site to be mined. Failure to comply with these requirements for each site mined constitutes mining without a license.

The fee for the license is one hundred dollars annually, for each mine site authorized under the license. The department shall forward any fees collected under this section to the state treasurer for deposit in the environment and natural resources fee fund established in § 1-41-23 .

Source: SL 1983, ch 308, § 3; SL 1988, ch 357, § 2; SL 1988, ch 358, § 2; SL 1990, ch 354, § 3; SL 1993, ch 331; SL 1993, ch 333, § 3; SL 1994, ch 23, § 10; SL 1997, ch 226, § 1; SL 2009, ch 13, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021; SL 2024, ch 181, § 1.
S.D. Codified Laws § 45-6D-41 — SD Code / Title 45 / Chapter 6D / Section 45-6D-41
Geological conditions--Report required
Status: in_force

Within six months after the expiration of a uranium exploration operation permit, the operator shall submit a clear and complete report concerning the geological conditions in the permit area, including information required by § 45-6D-40 . Additional information in the report may include mechanical logs, geologic logs, core sections, cuttings samples, or other information concerning test holes drilled pursuant to the expired permit. Where numerous closely spaced test holes have been drilled, the Board of Minerals and Environment may require such reports on representative test holes. Information provided shall be identified as to the operator, well name, location, and depth of sample or core. Any material required shall be shipped free of cost to the board.

Reports made pursuant to §§ 45-6D-39 and 45-6D-40 are not required to be duplicated in the final report. The operator may incorporate such reports by reference.

Source: SL 1982, ch 307, § 41.
S.D. Codified Laws § 45-6D-16 — SD Code / Title 45 / Chapter 6D / Section 45-6D-16
Consultation with surface owner--Restrictions of owner
Status: in_force

During the preparation of the reclamation plan required by § 45-6D-8 , the applicant shall consult with the surface owner and person in possession of the surface, if other than the owner, and provide such persons with the opportunity to designate, in writing, preferences for the reclamation of the affected land. A copy of such preferences shall be submitted with the application and be considered by the applicant and the Board of Minerals and Environment. The owner may also specify, in writing, reasonable restriction regarding travel areas on the property which will result in minimal soil erosion and further specify that travel under extreme moisture conditions will be avoided. A copy of such reasonable restrictions shall be filed with the application and become part of the terms and conditions of an approved permit. If the applicant does not receive any such written material from the owner, the applicant shall execute an affidavit stating that consultation with the land owner was conducted and that no written materials have been received. Such affidavit shall be filed with the application.

Source: SL 1982, ch 307, § 16.
S.D. Codified Laws § 45-4-23 — SD Code / Title 45 / Chapter 4 / Section 45-4-23
Recording required--Affidavit of labor--Recording fee
Status: in_force

On or before December thirtieth, following the end of each federal assessment year for which labor is performed or improvements are made or compliance requirements arising under federal law to hold a mining claim have been met, the person on whose behalf such labor was performed, improvements made, or other compliance requirements met, shall cause to be recorded with the register of deeds either:

(1) An affidavit specifying any such labor or improvements; or

(2) An affidavit or other recordable document specifying compliance with federal law. Any such instrument recorded with the register of deeds on or before December 30, 1993, specifying compliance with federal law for assessment year 1993 shall be effective to satisfy the 1993 filing requirements of this statute.

The register of deeds shall charge and receive a fee for recording the instruments included in this section in accordance with subdivisions 7-9-15(1) and (2) and an additional fee of twenty - five cents for each such claim listed.

Source: SL 1993, ch 330, § 2; SL 1994, ch 338, § 2.
S.D. Codified Laws § 45-9-16 — SD Code / Title 45 / Chapter 9 / Section 45-9-16
Recordkeeping by producers, handlers, and processors of the quantities of oil or gas--Examination
Status: in_force

Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require that every person who produces, sells, purchases, acquires, stores, transports, refines, or processes oil or gas in this state keep and maintain complete and accurate records of the quantities of the oil or gas. The records shall be available for examination by the board or its agents upon request.

Source: SDC Supp 1960, § 42.0706 (4) (a) (9) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 233; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6B-62 — SD Code / Title 45 / Chapter 6B / Section 45-6B-62
Small-scale operation--Conversion of permit--Laws applicable to procedure
Status: in_force

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, provide procedures and requirement therefor which are applicable to meet the forty - five - day period.

Source: SL 1982, ch 305, § 62.
S.D. Codified Laws § 45-6C-5 — SD Code / Title 45 / Chapter 6C / Section 45-6C-5
Compliance with public land laws and this chapter
Status: in_force

All exploration operations on state owned land shall comply with the applicable prospecting and exploration permit requirements of chapter 5-7 and this chapter.

Source: SL 1982, ch 306, § 5.
S.D. Codified Laws § 45-6B-74 — SD Code / Title 45 / Chapter 6B / Section 45-6B-74
Studies and programs initiated and encouraged by board
Status: in_force

The Board of Minerals and Environment may initiate and encourage studies and programs through the Department of Agriculture and Natural Resources and in other agencies and institutions of state government relating to the development of less destructive methods of mining operations, better methods of land reclamation, more effective reclaimed land use, better methods of protecting water quality and quantity, and coordination of the provisions of this chapter with the programs of other state agencies dealing with environmental, recreational, rehabilitation, and related concerns.

Source: SL 1982, ch 305, § 73; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-37 — SD Code / Title 45 / Chapter 9 / Section 45-9-37
Operation as unit of one or more pools--Consideration of need--Hearing
Status: in_force

The Board of Minerals and Environment upon its own motion or upon the application of any interested person shall provide an opportunity for a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field.

Source: SDC Supp 1960, § 42.0710 (1) as enacted by SL 1961, ch 211, § 1; SL 2012, ch 212, § 2.
S.D. Codified Laws § 45-9-55 — SD Code / Title 45 / Chapter 9 / Section 45-9-55
Investigations by board
Status: in_force

The Board of Minerals and Environment shall conduct investigations necessary to determine whether waste exists or is imminent or whether other facts exist that justify action by the board.

Source: SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (2); SDC Supp 1960, § 42.0706 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 248.
S.D. Codified Laws § 45-6B-22 — SD Code / Title 45 / Chapter 6B / Section 45-6B-22
Surety bond--Surety other than bond--Considerations by board
Status: in_force

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 factors as the operator's financial status, assets within the state, past performance on contractual agreements, and facilities available to carry out the planned work. The operator shall supply evidence of financial responsibility for all surety other than a bond.

Source: SL 1982, ch 305, § 22; SL 2011, ch 165, § 200.
S.D. Codified Laws § 45-7-9 — SD Code / Title 45 / Chapter 7 / Section 45-7-9
Extension of lease on occurrence of contingency--Effect--Recording
Status: in_force

If any oil, gas, or mineral lease contains a statement of any contingency, the occurrence of which extends the lease for either a specified or an unspecified period of time, and that contingency has taken place, that lease may not be discharged or cancelled under the provisions of this chapter until the period of extension has run or until the contingency has ceased. Any such extension caused by reason of production shall be recorded by the lessee by filing an affidavit of production with the records of the property being leased in the office of the register of deeds.

Source: SL 1985, ch 342.
S.D. Codified Laws § 45-4-6 — SD Code / Title 45 / Chapter 4 / Section 45-4-6
Dimensions of lode claim--Determination of width by election
Status: in_force

The length of any lode claim may equal but not exceed fifteen hundred feet along the vein or lode.

The width of a lode claim shall be three hundred feet on each side of the center of the vein or lode. However, any county may, at any general election, determine upon a width less than three hundred feet but not less than twenty-five feet on each side of the vein or lode.

Source: PolC 1877, ch 31, §§ 1, 2; CL 1887, §§ 1997, 1998; SL 1899, ch 115, § 1; RPolC 1903, §§ 2532, 2533; RC 1919, §§ 8726, 8727; SDC 1939, § 42.0102; SL 2011, ch 165, § 171.
S.D. Codified Laws § 45-6C-55 — SD Code / Title 45 / Chapter 6C / Section 45-6C-55
Confidentiality period of certain mineral exploration reports
Status: in_force

Any written geologic report, aquifer penetration report, map, test hole log, or other information relative to the geologic data, size, extent, or economic value of a mineral deposit filed with the state by a person who conducted a mineral exploration operation which was initiated or permitted before July 1, 1982, is confidential for a period of six months following July 1, 2008. Any person who filed such reports or information may request the secretary of agriculture and natural resources, in writing, to extend the six month confidentiality period by up to five years. The information becomes public following the confidentiality period.

Source: SL 2008, ch 229, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6B-33.4 — SD Code / Title 45 / Chapter 6B / Section 45-6B-33.4
Preliminary list of special, exceptional, critical, or unique lands--Application for classification
Status: in_force

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 45-6B-33.3 . In addition, any citizen, organization, or agency may make written application to the board for such classification of a specific area. Any final determination as to such designations may not be made until an application for a permit to mine is filed which application includes land on the preliminary list.

Source: SL 1989, ch 381, § 3.
S.D. Codified Laws § 45-6B-96 — SD Code / Title 45 / Chapter 6B / Section 45-6B-96
Permits for presently operating large-scale gold or silver surface mines
Status: in_force

The board may not issue new permits to or amendments to existing permits for presently operating large-scale gold or silver surface mining operations for expanded acres of surface mining disturbed lands until reclamation has been performed in accord with § 45-6B-97 , except that presently operating large-scale gold or silver surface mining operations are not subject to this provision until the permitted acres of surface mining disturbed lands total two hundred acres more per each individual permit than its permitted surface mining disturbed land total acreage as of January 1, 1992.

Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992; SL 2011, ch 165, § 209.
S.D. Codified Laws § 45-6D-1 — SD Code / Title 45 / Chapter 6D / Section 45-6D-1
Citation of chapter
Status: in_force

This chapter may be cited as the "South Dakota Uranium Exploration Act."

Source: SL 1982, ch 307, § 1.
S.D. Codified Laws § 45-6B-68 — SD Code / Title 45 / Chapter 6B / Section 45-6B-68
Violation--Forfeiture of surety--Reclamation of land by board
Status: in_force

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.
S.D. Codified Laws § 45-6B-57 — SD Code / Title 45 / Chapter 6B / Section 45-6B-57
Small-scale operation--Notice of completion of reclamation
Status: in_force

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 inspected and release the surety or a portion of it within thirty days after the board finds the reclamation to be satisfactory and in accordance with a plan agreed upon by the board and the operator.

Source: SL 1982, ch 305, § 57.
S.D. Codified Laws § 45-7-2 — SD Code / Title 45 / Chapter 7 / Section 45-7-2
Discharge and cancellation by endorsement on original lease--Entry on margin of record
Status: in_force

Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled by an endorsement made on the original lease signed by the lease owner or his duly authorized attorney in fact or personal representative, or if a corporation, by its duly authorized officers, surrendering his right, title, and interest in and to said lease, which endorsement shall be entered on the margin of the record thereof at such time as the lease containing the endorsement is submitted to the register of deeds or his deputy.

Source: SL 1941, ch 180, § 3; SDC Supp 1960, § 42.0814.
S.D. Codified Laws § 45-6B-12 — SD Code / Title 45 / Chapter 6B / Section 45-6B-12
Consultation with surface owner--Instrument of consultation
Status: in_force

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 consultation shall grant the operator permission to enter and commence the operations and shall contain written receipt of the operating and reclamation plans.

Source: SL 1982, ch 305, § 12.
S.D. Codified Laws § 45-6B-33.1 — SD Code / Title 45 / Chapter 6B / Section 45-6B-33.1
Socioeconomic impact study--Preparation at operator's expense--Contents--Determination of sufficiency
Status: in_force

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 request board approval of a contractor at any time before or after filing a permit application.

The socioeconomic impact study shall evaluate the potential impacts of the proposed mining operation including the following areas:

(1) Population base;

(2) Employment and income;

(3) Tax base;

(4) Housing;

(5) Community services, including schools, law enforcement and fire protection, solid waste, water and wastewater, and roads; and

(6) Recreational opportunities or other beneficial uses of land within and adjacent to the permit area.

If applicable, a study shall include an evaluation of the cumulative impacts of the proposed operation considered together with existing operations in the surrounding region. If an applicant is required to submit a socioeconomic impact study to a county government pursuant to county zoning ordinance or requirements, the board shall determine upon receipt of an application for a mining operation permit whether the required county socioeconomic impact study will satisfy the board requirements for such a study as provided for in this section.

Source: SL 1987, ch 320, § 2; SL 2011, ch 165, § 203.
S.D. Codified Laws § 45-6C-43 — SD Code / Title 45 / Chapter 6C / Section 45-6C-43
Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund
Status: in_force

All fees received by the Department of Agriculture and Natural Resources shall be deposited by the department in the environment and natural resources fee fund established pursuant to § 1-41-23 . The proceeds of any surety forfeiture proceedings conducted pursuant to § 45-6C-41 shall be deposited with the state treasurer in a special revenue fund for reclamation purposes. The revenue fund is continuously appropriated to the Board of Minerals and Environment for the reclamation of affected lands which were obligated to be reclaimed. The proceeds of any surety remaining after completion of reclamation according to the approved plan shall be returned to the operator or the surety company, whichever is appropriate.

Source: SL 1982, ch 306, § 43; SL 1994, ch 23, § 7; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-5A-5.2 — SD Code / Title 45 / Chapter 5A / Section 45-5A-5.2
Damages for failure to provide notice
Status: in_force

The surface owner, and surface lessee, if any, may seek actual and punitive damages in the court of proper jurisdiction if the mineral developer fails to provide the notice required by § 45-5A-5 or the notice required by § 45-5A-5.1 .

Source: SL 2013, ch 226, § 2; SL 2014, ch 213, § 1.
S.D. Codified Laws § 45-6B-80 — SD Code / Title 45 / Chapter 6B / Section 45-6B-80
Exemption of educational and recreational activities
Status: in_force

Any person engaged in recreational, hobby, amateur, or field activities independently or sponsored by educational institutions or by organizations involved in earth science activities including, but not limited to, geology, mineralogy, paleontology, treasure hunting, gold panning, archaeology, and noncommercial agate and gem hunting and using hand held tools and equipment is exempt from the provisions of this chapter.

Source: SL 1983, ch 309, § 2.
S.D. Codified Laws § 45-4-1 — SD Code / Title 45 / Chapter 4 / Section 45-4-1
Discovery of lode within limits of claim essential
Status: in_force

No location of a mining claim may be made until the discovery of the vein or lode within the limits of the claim located.

Source: SDC 1939, § 42.0103 as added by SL 1955, ch 152, § 1; SL 2011, ch 165, § 166.
S.D. Codified Laws § 45-6D-22 — SD Code / Title 45 / Chapter 6D / Section 45-6D-22
Cash or securities in lieu of surety
Status: in_force

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 § 45-6D-23 .

Source: SL 1982, ch 307, § 22.
S.D. Codified Laws § 45-6B-19 — SD Code / Title 45 / Chapter 6B / Section 45-6B-19
Confidential information in application protected--Violation as misdemeanor
Status: in_force

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 shall be protected as confidential information by state agencies and not be a matter of public record in the absence of a written release from the operator. A person who knowingly violates the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1982, ch 305, § 19.
S.D. Codified Laws § 45-6-75 — SD Code / Title 45 / Chapter 6 / Section 45-6-75
Appeal to board from revocation or denial of license
Status: in_force

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 or reinstate the license.

Source: SL 1983, ch 308, § 13; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6C-18 — SD Code / Title 45 / Chapter 6C / Section 45-6C-18
Domestic water wells--Information required of operator
Status: in_force

The Board of Minerals and Environment may require the operator to provide, prior to commencing or during the course of an exploration operation, water quality information concerning designated domestic water wells within one - half mile of the proposed exploration area. If the operator is refused access to any well, the operator shall notify, in writing, the Department of Agriculture and Natural Resources of such refusal and may not be required thereafter to provide any information concerning such well.

Source: SL 1982, ch 306, § 18; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-35 — SD Code / Title 45 / Chapter 9 / Section 45-9-35
Rights of owners operating well or paying costs for benefit of another under pooling order--Share of production--Determination of costs by board
Status: in_force

If any of the owners drills, equips, and operates, or pays the costs of drilling, equipping, and operating a well for the benefit of another person as provided for in an order of pooling, then the owner is entitled to the share of production from the spacing unit accruing to the interest of the other person, exclusive of a royalty not to exceed one-eighth of the production, until the market value of the other person's share of the production exclusive of the royalty, equals the sums payable by or charged to the interest of the other person. If there is a dispute as to the costs of drilling, equipping, or operating a well, the Board of Minerals and Environment shall determine the costs.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (5); SDC Supp 1960, § 42.0709 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 242.
S.D. Codified Laws § 45-6D-4 — SD Code / Title 45 / Chapter 6D / Section 45-6D-4
Permit or surety not required by governmental office or political subdivision
Status: in_force

No governmental office of any political subdivision of the state has the authority to require or issue a permit or to require any surety for a uranium exploration operation.

Source: SL 1982, ch 307, § 4.
S.D. Codified Laws § 45-6B-15 — SD Code / Title 45 / Chapter 6B / Section 45-6B-15
Copy of application filed with department and register of deeds--Public inspection
Status: in_force

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 deeds of the county in which the affected land is located. The copy of the application placed at the office of the register of deeds need not be recorded, except at the request of the applicant. Such copy shall be retained there until the application has been approved or denied by the board, and such application shall be available for public inspection. At the end of such period, the copy may be reclaimed or destroyed by the applicant unless it is recorded. Confidential information exempted by § 45-6B-19 shall be deleted by the applicant from all copies available for public inspection.

Source: SL 1982, ch 305, § 15; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-7-1 — SD Code / Title 45 / Chapter 7 / Section 45-7-1
Discharge and cancellation of record of lease--Marginal entry on record
Status: in_force

Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled of record by an entry on the margin of the record thereof signed by the lease owner of record, or his duly authorized attorney in fact or personal representative, or if a corporation, by its duly authorized officers, surrendering all of his right, title, and interest in and to said lease, in the presence of the register of deeds or his deputy who shall subscribe the same as witness.

Source: SL 1941, ch 180, § 2; SDC Supp 1960, § 42.0813.
S.D. Codified Laws § 45-6B-47 — SD Code / Title 45 / Chapter 6B / Section 45-6B-47
Transfer of permit--Application--Release of first operator and surety as to reclamation--Transfer fee
Status: in_force

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 compliance or cannot be brought into compliance, with all applicable local, state, and federal laws pertaining to the operation before the transfer, or unless the successor operator is in violation of state statutes, rules, mining permit conditions, or requirements with respect to any mining operation in the state. The board shall release the first operator from all liability as to that particular reclamation operation and shall release the first operator's surety as to the operation if the successor operator assumes, as part of the successor operator's obligation under this chapter, all liability for the reclamation of the affected land, and the obligation is covered by an appropriate surety as to the affected land. Notice of a transfer shall be given to the board and accompanied by a one hundred dollar transfer fee.

Source: SL 1982, ch 305, § 47; SL 1988, ch 360, § 2; SL 2011, ch 165, § 205.
S.D. Codified Laws § 45-6C-20 — SD Code / Title 45 / Chapter 6C / Section 45-6C-20
Criteria for determining amount of surety
Status: in_force

Criteria which shall be considered to determine the amount of surety necessary to guarantee the costs of reclamation of affected public and private lands and facilities include:

(1) Potential damages to unique and natural historical sites, springs, natural or man-made water storage and transport facilities, domestic and public water wells and water supply, waste water transport, storage and treatment facilities, or crops;

(2) Topography;

(3) Climatic, soil, and vegetative conditions;

(4) Estimated costs per test hole site to reclaim disturbed surface areas; and

(5) Estimated cost per test hole site to plug each test hole.

Source: SL 1982, ch 306, § 20; SL 2011, ch 165, § 211.
S.D. Codified Laws § 45-6B-39 — SD Code / Title 45 / Chapter 6B / Section 45-6B-39
Revegetation
Status: in_force

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 of self - regeneration and at least equal in extent of cover to the natural vegetation of the surrounding area.

Source: SL 1982, ch 305, § 39.
S.D. Codified Laws § 45-6B-13 — SD Code / Title 45 / Chapter 6B / Section 45-6B-13
Instrument of consultation not obtained--Hearing and order
Status: in_force

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 reclamation plans have been submitted to the surface landowner as provided in § 45-6B-12 ;

(2) That the operating and reclamation plans detail the full proposed surface use, including proposed routes of ingress and egress; and

(3) The planned reclamation will restore the surface land to future use, in segments if circumstances permit, as soon as feasibly possible.

Source: SL 1982, ch 305, § 13.
S.D. Codified Laws § 45-6B-92 — SD Code / Title 45 / Chapter 6B / Section 45-6B-92
Description of critical resources affected by reclamation plan
Status: in_force

The applicant shall, as part of the reclamation plan, include a description of all critical resources potentially affected by the mining operation and plans for mitigating potential impacts to such critical resources. Critical resources shall be addressed by the applicant during the evidentiary portion of a contested case hearing before the board on the mine permit application.

For purposes of this chapter, critical resources include the following:

(1) Wildlife--critical deer winter range, threatened or endangered species, and any other critical wildlife resource identified by the Department of Game, Fish and Parks;

(2) Aquatic resources--cold water fish life propagation water;

(3) Vegetation--riparian zones, mountain meadows, wetlands, and threatened or endangered species;

(4) Water--direct or indirect sources of drinking water;

(5) Visual resources--areas of severe visual constraint or retention quality objective;

(6) Soils--soils with high erosion and low revegetation potential;

(7) Cultural resources--cultural resources that are eligible for the national register of historic places;

(8) Air quality--areas with minimal ambient airborne particulates and areas near potential receptors including residences and recreational areas;

(9) Noise--areas near potential receptors including residences and recreational areas; and

(10) Lands designated as special, exceptional, critical, or unique pursuant to subdivision 45-6B-33(3).

Source: SL 1992, ch 254, § 4.
S.D. Codified Laws § 45-6-71.1 — SD Code / Title 45 / Chapter 6 / Section 45-6-71.1
Joint powers agreement for single surety
Status: in_force

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 § 45-6-65 .

Source: SL 2024, ch 181, § 3.
S.D. Codified Laws § 45-6C-2 — SD Code / Title 45 / Chapter 6C / Section 45-6C-2
Legislative findings and policy
Status: in_force

The relatively unknown and as yet largely undeveloped mineral resources of this state consist in major proportion of minerals below the surface. The exploration for and discovery of these minerals by means of drilling and other methods of detecting mineral deposits are necessary for the economic development of the state and the nation. Every effort should be used to promote and encourage the exploration for mineral resources, but to prevent the waste and spoilage of the land which would deny its future use and productivity. It is the responsibility of the state to ensure that:

(1) Upon completion of an exploration operation the affected land is usable and productive to the extent possible for agricultural or recreational pursuits or future resource development; and

(2) Both during and after an exploration operation, water and other natural resources are not endangered.

Source: SL 1982, ch 306, § 2.
S.D. Codified Laws § 45-9-6 — SD Code / Title 45 / Chapter 9 / Section 45-9-6
Testing of oil and gas wells
Status: in_force

Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the taking of tests of oil or gas wells.

Source: SDC Supp 1960, § 42.0706 (4) (a) (4) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 225; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-5 — SD Code / Title 45 / Chapter 6D / Section 45-6D-5
Laws applicable to operations on state-owned land
Status: in_force

All uranium exploration operations on state - owned land shall comply with the applicable prospecting and exploration permit requirements of chapter 5-7 and this chapter.

Source: SL 1982, ch 307, § 5.
S.D. Codified Laws § 45-6B-95 — SD Code / Title 45 / Chapter 6B / Section 45-6B-95
Permits for new large-scale operations--Limitations
Status: in_force

The board may not issue a permit for a new large - scale gold or silver surface mining operation if the proposed surface mining disturbed lands under that permit shall exceed three hundred twenty acres. Nor may the board issue new permits or amendments to existing permits for new large - scale gold or silver surface mining operations for expanded acres of surface mining disturbed lands until reclamation has been performed in accord with § 45-6B-97 .

Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
S.D. Codified Laws § 45-6B-29 — SD Code / Title 45 / Chapter 6B / Section 45-6B-29
County request for hearing on application
Status: in_force

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 publication of notice pursuant to § 45-6B-16 . Such request shall contain the reason for requesting the hearing and the location where the hearing is to be held. The board of county commissioners shall pay travel and per diem costs as established by state statute or rule to the board staff if the request designates the hearing at a location other than Pierre.

Source: SL 1982, ch 305, § 29.
S.D. Codified Laws § 45-6B-42 — SD Code / Title 45 / Chapter 6B / Section 45-6B-42
Slides, subsidence, or damage protection--Fencing
Status: in_force

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 a reduction would create conditions more detrimental than preserving the high wall. Prior to slope reduction, the operator shall take precautions to limit access to the high wall area and to warn the public of the high wall. Such precautions shall include fencing and posting of warning signs. If high wall reduction is deemed impossible, impractical, or aesthetically undesirable by the Board of Minerals and Environment, the board shall prescribe adequate fencing.

Source: SL 1982, ch 305, § 42.
S.D. Codified Laws § 45-5-4 — SD Code / Title 45 / Chapter 5 / Section 45-5-4
Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages
Status: in_force

Upon the return day of the order or upon any day to which the hearing is adjourned, the judge shall proceed to hear the allegations and proofs of the respective parties. If upon the hearing the judge is satisfied that the claim of the petitioner should be worked by means of the privilege requested, the judge shall make an order adjudging and awarding to the petitioner the right-of-way, and shall appoint three commissioners who shall be disinterested residents of the county to assess the damage resulting to the lands or claims affected by the order.

Source: SL 1881, ch 97, § 5; CL 1887, § 2020; RPolC 1903, § 2554; RC 1919, § 8748; SDC 1939, § 42.0204; SL 2011, ch 165, § 186.
S.D. Codified Laws § 45-6D-46 — SD Code / Title 45 / Chapter 6D / Section 45-6D-46
Renewal of permit--Objections--Statements in support of application--Notice and hearing
Status: in_force

Any person has the right to file written objections to or statements in support of modifications contained within the renewal application. Such material for intervention in the hearing concerning such modifications shall be filed with the Department of Agriculture and Natural Resources not more than ten days after the publication of notice pursuant to § 45-6D-44 . The Board of Minerals and Environment shall hold a hearing pursuant to § 45-6D-47 on only the question of whether the modifications contained in the renewal application would be reasons for denying an original application. The applicant shall be notified by the board within five days of receipt of any objections to the modifications and be supplied a copy of the written objections.

Source: SL 1982, ch 307, § 46; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6C-13 — SD Code / Title 45 / Chapter 6C / Section 45-6C-13
Time for commencement of exploration operation
Status: in_force

The operator may commence the exploration operation upon receipt of the written restrictions provided for in §§ 45-6C-10 to 45-6C-12 , inclusive. The department may not issue written restrictions until the operator posts surety pursuant to § 45-6C-19 .

Source: SL 1982, ch 306, § 13; SL 2024, ch 181, § 6.
S.D. Codified Laws § 45-6D-8 — SD Code / Title 45 / Chapter 6D / Section 45-6D-8
Reclamation plan required
Status: in_force

The applicant shall submit a plan of reclamation which shall be approved by the Board of Minerals and Environment before a uranium exploration operation permit may be issued.

Source: SL 1982, ch 307, § 8.
S.D. Codified Laws § 45-6D-21 — SD Code / Title 45 / Chapter 6D / Section 45-6D-21
Surety bond--Surety other than bond--Considerations by board
Status: in_force

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 factors as the operator's financial status, assets within the state, past performance on contractual agreements, and facilities available to carry out the planned work. The operator shall supply evidence of financial responsibility for all surety other than a bond.

Source: SL 1982, ch 307, § 21; SL 2011, ch 165, § 218.
S.D. Codified Laws § 45-5-13 — SD Code / Title 45 / Chapter 5 / Section 45-5-13
Costs and expenses under chapter to be paid by party making application
Status: in_force

The costs and expenses under the provisions of this chapter, except as otherwise provided in this chapter, shall be paid by the party making the application.

Source: SL 1881, ch 97, § 13; CL 1887, § 2028; RPolC 1903, § 2562; RC 1919, § 8756; SDC 1939, § 42.0212; SL 2011, ch 165, § 191.
S.D. Codified Laws § 45-6B-72 — SD Code / Title 45 / Chapter 6B / Section 45-6B-72
Refusal of access or interference with inspection as violation
Status: in_force

It is a violation of a mining permit's terms and conditions 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 this chapter; nor may any person obstruct, hamper, or interfere with any such investigation. If requested, the operator of the mining site is entitled to receive a report setting forth the observations made by the person making the inspection which relate to compliance with this chapter.

Source: SL 1982, ch 305, § 71; SL 2011, ch 165, § 207.
S.D. Codified Laws § 45-6D-57 — SD Code / Title 45 / Chapter 6D / Section 45-6D-57
Violation--Forfeiture of surety--Reclamation of land by board
Status: in_force

The Board of Minerals and Environment shall plug and 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 307, § 57.
S.D. Codified Laws § 45-4-18 — SD Code / Title 45 / Chapter 4 / Section 45-4-18
Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits
Status: in_force

No such order may be made for survey and inspection except in open court or in chambers upon notice of at least six days, and only by agreement of parties or upon the affidavit of two or more persons that the survey and inspection is necessary to the just determination of the suit. The affidavits shall state the facts in the case and the necessity for the survey. No such order may be made unless it appears that the party asking for the order has been refused the privilege of survey and inspection by the adverse party.

Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, § 178.
S.D. Codified Laws § 45-6C-8 — SD Code / Title 45 / Chapter 6C / Section 45-6C-8
Plan of reclamation--Contents
Status: in_force

The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is mandatory on all affected lands. The reclamation plan shall include:

(1) A description of the type of reclamation the operator proposes to achieve in the reclamation of the affected land;

(2) A proposed timetable for seeding and replanting indicating when and how the reclamation plan will be implemented. Such timetable shall be developed after consulting the local conservation district as to the nature of the soils and native vegetation in the area of the proposed exploration operation. The recommendations of the local conservation district shall be followed if any are provided;

(3) A narrative description of how the reclamation plan will rehabilitate the affected land;

(4) A narrative description of the temporary and permanent plugging and capping procedure to be used;

(5) The estimated cost of implementing and completing the proposed reclamation and the estimated cost of plugging and sealing each test hole pursuant to the provisions of §§ 45-6C-28 and 45-6C-29 .

Source: SL 1982, ch 306, § 8.
S.D. Codified Laws § 45-5-8 — SD Code / Title 45 / Chapter 5 / Section 45-5-8
Appeals from assessment of damages--Time for taking--Service of notice upon respondent
Status: in_force

Appeals from any assessment of such commissioners may be taken and prosecuted in the proper circuit court by any party interested at any time within ten days after written notice of the filing of the report of the commissioners, and a written notice of such appeal shall be served upon the respondent in the same manner as a summons is served in civil actions.

Source: SL 1881, ch 97, § 9; CL 1887, § 2024; RPolC 1903, § 2558; RC 1919, § 8752; SDC 1939, § 42.0208.
S.D. Codified Laws § 45-5A-7 — SD Code / Title 45 / Chapter 5A / Section 45-5A-7
Time for notice of damages to developer
Status: in_force

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 reasonable person.

Source: SL 1982, ch 304, § 7; SL 2011, ch 165, § 195.
S.D. Codified Laws § 45-6D-29 — SD Code / Title 45 / Chapter 6D / Section 45-6D-29
Grant of permit if application in compliance with law--Grounds for denial
Status: in_force

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 application is incomplete or the surety has not been posted;

(2) The applicant has not paid the required fee;

(3) The adverse effects of the proposed uranium exploration operation on the historic, archaeologic, geologic, scientific, or recreational aspects of affected or surrounding land outweigh the benefits of the proposed uranium exploration operation;

(4) The proposed uranium exploration operation will result in the loss or reduction of long - range productivity of watershed lands, public and domestic water wells, aquifer recharge areas, or significant agricultural areas; or

(5) The proposed uranium exploration operation will adversely affect threatened or endangered wildlife indigenous to the area.

Source: SL 1982, ch 307, § 29.
S.D. Codified Laws § 45-6-78 — SD Code / Title 45 / Chapter 6 / Section 45-6-78
Temporary cessation of license to mine--Requirements--Exemption during cessation--Reinstatement
Status: in_force

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 temporary cessation if one of the following occurs:

(1) The mining under the license resumes within one year;

(2) Mining has been completed and only final reclamation and related activities remain to be completed; or

(3) A mining license has been issued, but the mining operation has not begun.

The provisions of § 45-6-72 do not apply to the license during the period of a temporary cessation. All provisions of §§ 45-6-78 and 45-6-79 shall be met before a request may be granted by the department. The department shall grant a temporary cessation within ten days after a proper request is received. A license to mine shall be reinstated if the operator requests reinstatement and the one hundred dollar annual fee is submitted to the department.

Source: SL 1992, ch 254, § 87; SL 1993, ch 34, § 7.
S.D. Codified Laws § 45-5A-4 — SD Code / Title 45 / Chapter 5A / Section 45-5A-4
Compensation to surface owner for losses--Determining damages--Payment
Status: in_force

The mineral developer shall pay the surface owner a sum of money equal to the amount of damages sustained by the surface owner for loss of agricultural production, lost land value, and lost value of improvements caused by mineral development. The amount of damages may be determined by any formula mutually agreeable between the surface owner and the mineral developer. In determining damages, consideration shall be given to the period of time during which the loss occurs and the surface owner may elect to be paid damages in annual installments over a period of time. However, the surface owner shall be compensated for harm caused by exploration only by a single sum payment. The payments contemplated by this section shall only cover land directly affected by mineral development. Payments under this section for lost land value shall be paid only to the title holder of such land. Any reservation or assignment of such compensation apart from the surface estate except to a lessee of the surface estate is prohibited.

Source: SL 1982, ch 304, § 4.
S.D. Codified Laws § 45-4-20 — SD Code / Title 45 / Chapter 4 / Section 45-4-20
Association with another to obtain possession of a lode, gulch, or placer claim by force and violence, by threats of violence, or by stealth--Misdemeanor
Status: in_force

Any person who associates with another to obtain possession of a lode, gulch, or placer claim, then in the actual possession of another, by force and violence or by threats of violence or by stealth, and who carries out such purpose by:

(1) Making threats against the person or persons in possession;

(2) Entering the lode or mining claim for such purposes; or

(3) Entering a lode, gulch, placer claim, quartz mill, or other mining property, or, not being upon the property but being within hearing distance of the property, and making threats or use of any language, sign, or gesture calculated to intimidate any person at work on the property or from continuing work on or in the property, or intimidating others from working on or in the property,

Source: PenC 1877, § 735; CL 1887, § 6926; RPenC 1903, § 759; RC 1919, § 4375; SDC 1939, § 13.1826; SL 1983, ch 15, § 19; SL 2011, ch 165, § 180.
S.D. Codified Laws § 45-9-33 — SD Code / Title 45 / Chapter 9 / Section 45-9-33
Alternative rights of owners--Surrender of leasehold interest to participating owners--Participation on a limited basis
Status: in_force

If requested, each such pooling order shall provide for one or more just and equitable alternatives whereby an owner who does not elect to participate in the risk and cost of the drilling and operation of a well may elect to surrender his or her leasehold interest to the participating owners on some reasonable basis and for a reasonable consideration. If such terms are not agreed upon, they shall be determined by the Board of Minerals and Environment. The owner may elect to participate in the drilling and operation of the well, on a limited or carried basis, upon terms and conditions determined by the board to be just and reasonable.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (6); SDC Supp 1960, § 42.0709 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 241.
S.D. Codified Laws § 45-7-7 — SD Code / Title 45 / Chapter 7 / Section 45-7-7
Affidavit as to demand for release--Recording by register of deeds, effect
Status: in_force

If the lease owner shall not commence the action and file for record a notice of pendency of said action as provided in § 45-7-6 , then at the expiration of the said thirty - day period, the register of deeds shall record said affidavit and thereafter said lease shall not affect the merchantability of the title to said land or mineral rights and the record of said lease shall not be notice to the public of the existence of said lease or of any interest therein or rights thereunder, and said record shall not be received in evidence in any court of the state on behalf of the lease owner against the lessor, his successors, or assigns.

Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.
S.D. Codified Laws § 45-6B-69 — SD Code / Title 45 / Chapter 6B / Section 45-6B-69
Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund
Status: in_force

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 § 1-41-23 . The proceeds of any surety forfeiture proceeds conducted pursuant to § 45-6B-66 and the proceeds of the disposal of any property pursuant to § 45-6B-67 shall be deposited with the state treasurer in a special revenue fund for reclamation purposes. The special revenue fund is continuously appropriated to the board for the reclamation of affected lands which were obligated to be reclaimed under the permits upon which such surety has been forfeited. The proceeds of any surety remaining after completion of reclamation according to the approved plan shall be returned to the operator or the surety company, whichever is appropriate.

Source: SL 1982, ch 305, § 68; SL 1994, ch 23, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-14 — SD Code / Title 45 / Chapter 9 / Section 45-9-14
Prevention of oil or gas escape, intrusion of water, pollution of fresh-water supplies, and blowouts, cavings, seepages, and fires
Status: in_force

Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the drilling, casing, operation, and plugging of wells in such manner as to prevent:

(1) Reasonably preventable escape of oil or gas out of one pool into another;

(2) The detrimental intrusion of water into an oil or gas pool that is avoidable by efficient operations;

(3) The pollution of fresh-water supplies by oil, gas, or salt water; and

(4) Blow-outs, cavings, seepages, and fires.

Source: SL 1925, ch 250, § 2; SDC 1939, § 42.0603; SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3); SDC Supp 1960, § 42.0706 (4) (a) (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 230; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6B-71 — SD Code / Title 45 / Chapter 6B / Section 45-6B-71
Operation without permit--Civil penalty
Status: in_force

A person who operates a mining operation without a valid permit issued pursuant to the provisions of this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day during which such violation occurs.

Source: SL 1982, ch 305, § 70.
S.D. Codified Laws § 45-6C-29 — SD Code / Title 45 / Chapter 6C / Section 45-6C-29
Capping, sealing, and plugging test holes--Rules
Status: in_force

The Board of Minerals and Environment shall promulgate rules, pursuant to chapter 1-26 , to regulate the capping, sealing, and plugging of all test holes drilled pursuant to this chapter. Such rules shall provide for the capping, sealing, and plugging of all such test holes, the prevention of any artesian flow of groundwater toward the surface, and the prevention of fluid communication between aquifers.

Source: SL 1982, ch 306, § 29.
S.D. Codified Laws § 45-9-45 — SD Code / Title 45 / Chapter 9 / Section 45-9-45
Order of Board of Minerals and Environment for unit operation on less than whole of a pool--Size and shape of unit area
Status: in_force

An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may be reasonably required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool.

Source: SDC Supp 1960, § 42.0710 (7) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6-79 — SD Code / Title 45 / Chapter 6 / Section 45-6-79
Filing request for temporary cessation--Contents
Status: in_force

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) Reasons for the cessation of mining activities; and

(4) A statement concerning the existing condition of the affected land and reclamation activities that have already been completed for each licensed site.

Source: SL 1992, ch 254, § 88.
S.D. Codified Laws § 45-6B-43 — SD Code / Title 45 / Chapter 6B / Section 45-6B-43
Surface areas protected--Spoil piles--Weeds
Status: in_force

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.

Source: SL 1982, ch 305, § 43.
S.D. Codified Laws § 45-6C-3 — SD Code / Title 45 / Chapter 6C / Section 45-6C-3
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Affected land," the surface area, surface water, and groundwater disturbed by reason of the building of access roads or trails, leveling drill sites, storage areas, containment ponds, or other support facilities for the purpose of exploration, including the land affected by surface subsidence;

(2) "Aquifer," a water bearing bed or stratum of permeable rock, sand, or gravel capable of yielding usable quantities of water to wells or springs;

(3) "Board," the Board of Minerals and Environment;

(4) "Bulk samples," the removal of not more than five thousand tons of mineralized material by means of a shaft, adit, or test open pit to determine the economic feasibility of conducting a mining operation;

(5) "Department," the Department of Agriculture and Natural Resources;

(6) "Exploration operation," the act of searching for or investigating a mineral deposit, including sinking shafts, tunneling, drilling test holes, digging pits or cuts, or other works for the purpose of extracting samples, including bulk samples, prior to commencement of development or extraction operations, and test facilities to prove the commercial grade of a mineralized deposit. The term does not include those activities which cause very little or no surface disturbance, such as exploration by auger or drill of test holes of less than fifty feet in depth and less than seven inches in diameter for sand, limestone, gypsum, shale, or iron ore for use in the process of making cement or nonexplosive seismic energy sources, airborne surveys and photographs, augered bentonite or augered construction aggregate test holes of less than fifty feet in depth when accomplished in conformance with §§ 45-6C-28 and 45-6C-32 , use of instruments or devices which are hand carried or otherwise transported over the surface to make magnetic, radioactive, or other tests and measurements, boundary or claim surveying, location work, annual assessment work required to maintain the validity of a mineral claim or any other work which causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not exploring for mineral deposits;

(7) "Mineral," any substance with economic value, whether organic or inorganic, that can be extracted from the earth, including oil and gas, but excluding uranium and water;

(8) "Operator," any person, firm, partnership, limited liability company, association or corporation, or any department, division, or agency of federal, state, county, or municipal government engaged in or controlling a mineral exploration operation;

(9) "Reclamation," the employment during and after an exploration operation of procedures reasonably designed to minimize the disruption from the exploration operation and to provide for the rehabilitation of plant cover, soil stability, water resources, or other measures appropriate to the subsequent beneficial use of such explored land;

(10) "Test hole," a well, core hole, core test, observation well, or other well drilled from the surface to determine the presence of mineral, mineral resource, ore, coal, or rock unit, or to obtain geological or geophysical information or other subsurface data, including holes drilled for purposes of seismic survey, but excluding drilling in conjunction with mining or quarry operations and structural foundations and oil and gas wells regulated pursuant to chapter 45-9 .

Source: SL 1982, ch 306, § 3; SL 1985, ch 341; SL 1990, ch 354, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 108; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-37 — SD Code / Title 45 / Chapter 6D / Section 45-6D-37
Roads and trails
Status: in_force

The operator shall construct all roads and trails developed for the uranium exploration project to minimize sedimentation and erosion by the placement of water bars and similar structures, road placement on the contour, revegetation of roadwork and embankment slopes, or by using other necessary methods.

Source: SL 1982, ch 307, § 37.
S.D. Codified Laws § 45-6B-98 — SD Code / Title 45 / Chapter 6B / Section 45-6B-98
Submission of reclamation plan--Contents
Status: in_force

The operator of an existing permitted large - scale gold or silver surface mining operation shall submit for board approval, a plan for conducting reclamation activities on lands to be reclaimed for reclamation acreage credit if those lands are not otherwise covered by an existing surety and reclamation plan authorized under this chapter. The plan for conducting reclamation shall include a detailed description of those activities to be conducted to reclaim the lands proposed for reclamation credit, a time schedule for conducting those activities, the post - reclamation land use of the lands, a post - reclamation map, and the estimated cost of conducting the reclamation. The plan shall be submitted as part of the application for any new permit or amendment to any existing permit that would cause an increase in an existing operator's permitted affected lands and shall be considered a procedural completeness requirement.

Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
S.D. Codified Laws § 45-9-32 — SD Code / Title 45 / Chapter 9 / Section 45-9-32
Operation of well--Rights of owners to participate--Payment of expenses
Status: in_force

Each such pooling order shall authorize the drilling, equipping, and operation of a well on the spacing unit; shall provide who may drill and operate the well; shall prescribe the time and manner in which all the owners in the spacing unit may elect to participate in such well drilling, equipping, and operation; and shall provide for payment of the reasonable actual cost of the well drilling, equipping, and operation by all those who elect to participate, plus a reasonable charge for supervision and interest.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (6); SDC Supp 1960, § 42.0709 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 240.
S.D. Codified Laws § 45-4-22 — SD Code / Title 45 / Chapter 4 / Section 45-4-22
Writs of injunction to restore person to possession of mining property
Status: in_force

The circuit court may issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property:

(1) From which the person may have been ousted by force and violence or by fraud;

(2) From possession of which the person is kept by threats; or

(3) If such possession was taken from the person by entry of the adverse party on a Sunday or legal holiday or while the party in possession was temporarily absent from the property.

The granting of the writ extends only to the right of possession under the facts of the case with respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions as though no such writ had been issued.

Source: PolC 1877, ch 31, § 20; CL 1887, § 2015; RPolC 1903, § 2549; RC 1919, § 8743; SDC 1939, § 42.0118; SL 2011, ch 165, § 182.
S.D. Codified Laws § 45-4-9 — SD Code / Title 45 / Chapter 4 / Section 45-4-9
Relocation of abandoned lode--Fixing of boundaries--Erection of new discovery monument--Contents of relocation certificate
Status: in_force

The relocation of an abandoned lode mining claim shall be by fixing new boundaries in the same manner as if it were the location of a new claim, or the relocator may erect new or adopt the old boundaries, renewing the posts if removed or destroyed. In either case a new discovery monument shall be erected. In any case whether the whole or part of an abandoned claim is taken, the location certificate must state that the whole or any part of the new location is located as abandoned property.

Source: PolC 1877, ch 31, § 16; CL 1887, § 2010; RPolC 1903, § 2545; RC 1919, § 8739; SDC 1939, § 42.0116; SL 1955, ch 152, § 4.
S.D. Codified Laws § 45-6B-51 — SD Code / Title 45 / Chapter 6B / Section 45-6B-51
Violation--Modification, suspension, or revocation of permit
Status: in_force

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 operations only for the purpose of bringing the mining operation into satisfactory compliance with the provisions of the operator's permit. Once such operations are completed to the satisfaction of the board, the board shall reinstate the permit of the operator.

Source: SL 1982, ch 305, § 51.
S.D. Codified Laws § 45-4-8 — SD Code / Title 45 / Chapter 4 / Section 45-4-8
Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location
Status: in_force

If the locator of any mining claim or the locator's assigns:

(1) Believes that the original certificate was defective or erroneous;

(2) Believes that the requirements of the law were not complied with before filing; or

(3) Desires to change the surface boundaries of the claim or to take in any part of an overlapping claim which has been abandoned;

Source: PolC 1877, ch 31, § 13; CL 1887, § 2008; RPolC 1903, § 2543; RC 1919, § 8737; SDC 1939, § 42.0114; SL 2011, ch 165, § 173.