S.D. Codified Laws § 45-6B-55 — SD Code / Title 45 / Chapter 6B / Section 45-6B-55
Small-scale operation--Fee--Surety
Status: in_force

The application must be accompanied by:

(1) A nonrefundable fee of one hundred dollars; and

(2) A surety, in an amount determined sufficient by the board to cover the cost of reclamation, but not exceeding thirty-eight thousand five hundred dollars.

Source: SL 1982, ch 305, § 55; SL 2024, ch 181, § 4.
S.D. Codified Laws § 45-6D-40 — SD Code / Title 45 / Chapter 6D / Section 45-6D-40
Penetration of aquifer--Report required
Status: in_force

Thirty days prior to the renewal date of a uranium exploration operation permit, if the operator intends on renewing the permit, the operator shall submit a clear and complete report identifying all test holes which have penetrated an aquifer, the depth of the aquifer, and the method used to plug each such test hole. The information contained in the report is public information. However the source of the information shall be held confidential by the Board of Minerals and Environment and the Department of Agriculture and Natural Resources. Further, the operator shall submit a report identifying the location of all test holes with sufficient information to allow the department to locate such test holes.

Failure to provide the required report is grounds for not renewing a uranium exploration operation permit.

Source: SL 1982, ch 307, § 40; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-4-21 — SD Code / Title 45 / Chapter 4 / Section 45-4-21
Trials under §45-4-20--Evidence sufficient for conviction
Status: in_force

On trials under § 45-4-20 , proof of a common purpose of two or more persons to obtain possession of property or to intimidate laborers as set forth in § 45-4-20 , accompanied or followed by any of the acts specified, by any of them, is sufficient evidence to convict any person committing such acts, although the parties may not be associated together at the time of committing the acts.

Source: PenC 1877, § 735; CL 1887, § 6926; RPenC 1903, § 759; RC 1919, § 4375; SDC 1939, § 13.1826; SL 2011, ch 165, § 181.
S.D. Codified Laws § 45-9-13 — SD Code / Title 45 / Chapter 9 / Section 45-9-13
Administration of chapter by board--Rules and orders to prevent waste, protect correlative rights and govern procedure before board
Status: in_force

The Board of Minerals and Environment shall promulgate rules pursuant to chapter 1-26 and issue orders reasonably necessary to prevent waste, to protect correlative rights, to govern the practice or procedure before the board, and otherwise to administer this chapter. The board may delegate to the secretary of agriculture and natural resources the authority to enforce any rules or orders promulgated or issued pursuant to this section.

Source: SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3); SDC Supp 1960, § 42.0706 (4) (e) as enacted by SL 1961, ch 211, § 1; SL 1993, ch 256, § 47; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-44 — SD Code / Title 45 / Chapter 6D / Section 45-6D-44
Renewal of permit--Notice of application
Status: in_force

The operator shall cause one notice of his application for permit renewal in a newspaper of general circulation in the locality of the exploration operation within ten days of submitting his application for permit renewal. Such notice shall contain the identity and address of the operator and resident agent, the general location of the uranium exploration operation, a general description of proposed modifications of the original approved application, the proposed date of completion of the uranium exploration operation, that the original application and renewal application are available for public inspection at the department in Pierre, and the location and final date for filing objections to such modifications with the Board of Minerals and Environment.

Source: SL 1982, ch 307, § 44.
S.D. Codified Laws § 45-9-61 — SD Code / Title 45 / Chapter 9 / Section 45-9-61
Prior rules, regulations, and orders continued in force--Accrued penalties and liabilities not repealed
Status: repealed

All rules, regulations, or orders made pursuant to the statute in effect prior to July 1, 1961, shall, so far as consistent with this chapter, remain in full force and effect until modified, amended, or repealed by appropriate authority.

Source: SDC Supp 1960, §§ 42.0717, 42.0718 as enacted by SL 1961, ch 211, § 1; SL 1993, ch 256, § 48.
S.D. Codified Laws § 45-6B-73 — SD Code / Title 45 / Chapter 6B / Section 45-6B-73
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 305, § 72; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6B-20.1 — SD Code / Title 45 / Chapter 6B / Section 45-6B-20.1
Board may require additional proof of financial assurance from certain operators--Content and amount--Factors for consideration
Status: in_force

The board may require any operator whose mining operation employs cyanide leaching or any other chemical or biological leaching process to extract minerals from ore, in addition to the surety required by § 45-6B-20 , to file or deposit an additional proof of financial assurance with the board before the issuance of the mining permit in such form as required by the board. The financial assurance may consist of insurance, cash, company net worth, or such other form of security as the board deems adequate to protect the interests of the public. The board shall set the amount of the financial assurance based on the cost of responding to and remediating accidental releases of cyanide or other chemical or biological leaching agents to the environment. In determining the assurance amount for responding to and remediating accidental releases, the board shall consider such factors as the distance to surface water and groundwater resources and their beneficial use classification, the financial and technical capability of the operator to respond to accidental releases, the type and amount of leaching agents to be used by the operator, contingencies and safeguards built into the operating and reclamation plans to lessen the likelihood of accidental releases, and any other site-specific factor related to protection of public health and safety or the environment. The amount of the financial assurance may not be more than one million dollars. Any operator whose proof of financial assurance is based on company net worth shall report to the board yearly the status of the company's net worth.

Source: SL 1989, ch 306, § 50; SL 2009, ch 226, § 1.
S.D. Codified Laws § 45-5-5 — SD Code / Title 45 / Chapter 5 / Section 45-5-5
Assessment of damages by commissioners
Status: in_force

The commissioners appointed pursuant to § 45-5-4 shall be sworn or affirmed to discharge their duties faithfully and impartially. They shall proceed without unreasonable delay to examine the premises, shall assess the damage resulting from the right or privilege requested, and shall report the amount to the judge appointing them. If the right-of-way affects the property of more than one person or company, the report shall contain an assessment of the damages to each company or person.

Source: SL 1881, ch 97, § 6; CL 1887, § 2021; RPolC 1903, § 2555; RC 1919, § 8749; SDC 1939, § 42.0205; SL 2011, ch 165, § 187.
S.D. Codified Laws § 45-5-3 — SD Code / Title 45 / Chapter 5 / Section 45-5-3
Order to show cause--Service--Time for hearing
Status: in_force

Upon the filing of a petition with the clerk of the court pursuant to § 45-5-2 , the judge shall order the owners named in the petition of mining claims and lands to be affected by the proceeding to appear before the judge on a day named in the order, not less than ten days from the service of the order, and show cause why the right-of-way should not be allowed as requested. The order shall be served on each of the parties in the manner prescribed by law for serving summons in a civil action.

Source: SL 1881, ch 97, § 4; CL 1887, § 2019; RPolC 1903, § 2553; RC 1919, § 8747; SDC 1939, § 42.0203; SL 2011, ch 165, § 185.
S.D. Codified Laws § 45-9-9 — SD Code / Title 45 / Chapter 9 / Section 45-9-9
Metering or measuring of oil, gas, or product
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 metering or other measuring of oil, gas, or product.

Source: SDC Supp 1960, § 42.0706 (4) (a) (8) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 227; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-4-13 — SD Code / Title 45 / Chapter 4 / Section 45-4-13
Right to mine separate from right to surface--Security required of miner--Enforcement
Status: in_force

When the right to mine is in any case separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it be refused, may enjoin such miner from working until such security is given.

Source: PolC 1877, ch 31, § 12; CL 1887, § 2007; RPolC 1903, § 2542; RC 1919, § 8736; SDC 1939, § 42.0113.
S.D. Codified Laws § 45-6B-54 — SD Code / Title 45 / Chapter 6B / Section 45-6B-54
Small-scale operation--Application for permit--Contents
Status: in_force

The operator shall obtain a permit from the Board of Minerals and Environment by filing an application with the board that shall set forth the following information:

(1) The address of the general office and the local address or addresses of the operator;

(2) The name of the owner of the surface of the affected land;

(3) The substance to be mined;

(4) The name of the owner of the substance to be mined;

(5) A map showing information sufficient to determine the location of the affected land on the ground and existing and proposed roads or access routes to be used in connection with the mining operation;

(6) The approximate size of the affected land;

(7) Information sufficient to describe or identify the type of mining operation proposed and how it would be conducted;

(8) A preliminary wildlife survey conducted by the Department of Game, Fish and Parks, paid for by the applicant, or conducted by a competent person approved of by the Department of Game, Fish and Parks. The cost of a survey conducted by the Department of Game, Fish and Parks may not exceed one hundred dollars. 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 or threatened or endangered species as notified by that department. Restrictions concerning riparian habitat for mining 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;

(9) The measures to be taken to comply with the operating and reclamation requirements of §§ 45-6B-37 to 45-6B-46 , inclusive; and

(10) The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant access to the board 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, § 54.
S.D. Codified Laws § 45-5-6 — SD Code / Title 45 / Chapter 5 / Section 45-5-6
Payment or tender of damages--Use of right-of-way
Status: in_force

Upon the payment of the sum assessed as damages to the persons to whom it shall be awarded or a tender of the sum to them, the person petitioning is entitled to the right-of-way requested in the petition and may immediately proceed to occupy the right-of-way and erect works and structures and conduct excavations in the right-of-way as may be necessary to the use and enjoyment of the right-of-way.

Source: SL 1881, ch 97, § 8; CL 1887, § 2023; RPolC 1903, § 2557; RC 1919, § 8751; SDC 1939, § 42.0207; SL 2011, ch 165, § 188.
S.D. Codified Laws § 45-6D-31 — SD Code / Title 45 / Chapter 6D / Section 45-6D-31
Notice to county commissioners of approval of or denial of permit or renewal
Status: in_force

The Board of Minerals and Environment shall transmit notice of the approval or denial of a new or renewed uranium exploration operation permit to the appropriate board of county commissioners within thirty days of final board action.

Source: SL 1982, ch 307, § 31.
S.D. Codified Laws § 45-6-74 — SD Code / Title 45 / Chapter 6 / Section 45-6-74
Revocation of license
Status: in_force

The secretary of agriculture and natural resources may revoke the license of any operator found to be in violation of any provision of §§ 45-6-64 to 45-6-77 , inclusive. The revocation shall occur pursuant to the provisions of chapter 1-26 .

Source: SL 1983, ch 308, § 12; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-6 — SD Code / Title 45 / Chapter 6D / Section 45-6D-6
Application for permit for exploration operations--Items comprising application
Status: in_force

Any person desiring to conduct a uranium exploration operation shall, prior to entry on the land, file with the Board of Minerals and Environment an application and receive a permit to conduct a uranium exploration operation on a form approved by the board. Each uranium exploration operation application shall be limited to sixteen contiguous townships.

An application for a permit shall include the following:

(1) An application form pursuant to § 45-6D-7 ;

(2) A plan of reclamation pursuant to § 45-6D-9 ;

(3) A map pursuant to § 45-6D-10 ; and

(4) A fee pursuant to § 45-6D-18 .

Any person conducting uranium exploration activities that are not included within the scope of a uranium exploration operation is not required to file an application or receive an exploration operation permit required by this chapter.

Source: SL 1982, ch 307, § 6.
S.D. Codified Laws § 45-2-3 — SD Code / Title 45 / Chapter 2 / Section 45-2-3
Contracts by state geologist--Payments
Status: in_force

The state geologist may enter into contracts with and accept payment from county governments, from other South Dakota state governmental agencies, and from nonprofit rural water supply companies or corporations organized pursuant to and taxed under the provisions of chapter 10-36A , either of its own funds or by reassignment of specific federal grant moneys, such payment to be made to the environment and natural resources fee fund established pursuant to § 1-41-23 .

Source: SL 1963, ch 375, § 4; SL 1973, ch 277, § 2; SL 1983, ch 29, § 13; SL 1994, ch 23, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-54 — SD Code / Title 45 / Chapter 6D / Section 45-6D-54
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 the uranium exploration operation only for the purpose of bringing the uranium exploration 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 307, § 54.
S.D. Codified Laws § 45-6B-33.8 — SD Code / Title 45 / Chapter 6B / Section 45-6B-33.8
Underground mining allowed beneath special, exceptional, critical, or unique land
Status: in_force

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

Source: SL 1989, ch 381, § 8.
S.D. Codified Laws § 45-6B-91 — SD Code / Title 45 / Chapter 6B / Section 45-6B-91
Postclosure plan--Postclosure care--Financial assurance--Certification of completed postclosure activities--Liability of operator
Status: in_force

The operator shall prepare a detailed postclosure plan for a mining operation. The plan shall include, at a minimum, a description of the activities, methods, procedures, and processes necessary to ensure the continued effectiveness of reclamation measures and compliance with applicable performance standards including, as necessary:

(1) Treatment of tailings to ensure continued neutralization or immobilization of any parameters of concern;

(2) Operation of monitoring systems;

(3) Inspection and maintenance activities to ensure compliance with all applicable reclamation, design, and operating criteria; and

(4) Procedures for maintaining the final cover and controlling erosion and fugitive dust.

For each mining operation requiring a postclosure plan, the operator shall begin postclosure care immediately following the release of reclamation surety and continue postclosure care for thirty years. The board may modify the permit to reduce the length of the postclosure care period at any time after reclamation surety release if a reduced period ensures compliance with all applicable performance standards. The board may modify the permit to extend the period beyond thirty years if necessary to ensure compliance with all applicable performance standards or design and operating criteria.

For each mining operation requiring a postclosure plan, the operator shall post with the board financial assurance to guarantee the costs of postclosure care and maintenance over the postclosure period.

After completion of postclosure care of the mine area, the operator shall submit to the department a statement certifying that postclosure activities have been completed in accordance with the postclosure plan. The department shall conduct an on - site inspection of the affected mine area, and provide public notice of its findings, at least thirty days prior to approving the certification of completion of postclosure care.

Liability of an operator for the affected mine area under this chapter shall continue until the certification of completion of postclosure care is approved by the board.

Source: SL 1992, ch 254, § 3.
S.D. Codified Laws § 45-9-36 — SD Code / Title 45 / Chapter 9 / Section 45-9-36
Well completed prior to pooling of interest in spacing unit--Sharing of production--Calculation of costs
Status: in_force

In instances where a well is completed prior to the pooling of interests in a spacing unit, the sharing of production shall be from the effective date of the pooling except that, in calculating costs, credit shall be given for the value of the owner's share of any prior production from the well.

Source: SDC Supp 1960, § 42.0709 (3) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6C-34 — SD Code / Title 45 / Chapter 6C / Section 45-6C-34
Penetration of aquifer--Notice to board
Status: in_force

The operator shall notify, in writing, the Board of Minerals and Environment of the penetration of an aquifer and the location of the test hole penetrating such aquifer as soon as practically possible, but not more than ninety days after penetration. The board may waive this requirement if, after consultation with the state geologist, the board determines that further hydrological information is no longer necessary from a particular area of the exploration operation or from the entire area of the exploration operation.

Source: SL 1982, ch 306, § 34.
S.D. Codified Laws § 45-9-72 — SD Code / Title 45 / Chapter 9 / Section 45-9-72
Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person
Status: in_force

If the Board of Minerals and Environment fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any rule or order of the board within ten days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in the person's own behalf to restrain the violation or threatened violation in any court in which the board might have brought suit. The board shall be made a party defendant in the suit in addition to the person violating or threatening to violate a provision of this chapter, or rule or order of the board, and the action shall proceed and injunctive relief may be granted to the board without bond in the same manner as if suit had been brought by the board.

Source: SDC Supp 1960, § 42.0715 (2) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 253.
S.D. Codified Laws § 45-6D-23 — SD Code / Title 45 / Chapter 6D / Section 45-6D-23
Surety payable to state--Conditions required
Status: in_force

The surety provided for by § 45-6D-19 shall be payable to the State of South Dakota and conditioned upon the operator's faithful performance of all requirements of this chapter and comply with the terms of the test hole plugging 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 test hole plugging and reclamation are approved by the board and the surety is released by the board. At least thirty days prior to the release of the surety, the board shall notify the board of county commissioners of the affected county and surface owner or lessee of the affected area, if other than the mineral owner, of the proposed surety release.

Source: SL 1982, ch 307, § 23.
S.D. Codified Laws § 45-6B-16 — SD Code / Title 45 / Chapter 6B / Section 45-6B-16
Notice of application--Publication
Status: in_force

The applicant shall cause notice of the filing of his application to be published in a newspaper of general circulation in the locality of the proposed mining operation once a week for two consecutive weeks, commencing not more than fifteen days after the filing of his application with the Board of Minerals and Environment. Such notice, prepared by the Department of Agriculture and Natural Resources, shall contain the identity and address of the applicant and resident agent, the location of the proposed mining operation, the primary mineral to be mined, the proposed dates of commencement and completion of the operation, the proposed future use of the affected land, the location where additional information about the operation may be obtained, and the location of and final date for filing objections with the board.

Source: SL 1982, ch 305, § 16; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6B-53 — SD Code / Title 45 / Chapter 6B / Section 45-6B-53
Small-scale operation--Special permit laws applicable
Status: in_force

Any mining operation, other than an in situ mining operation or a mining operation that employs a cyanide leaching or other chemical or biological leaching process to extract minerals from ore, which affects less than ten acres, excluding access roads, and extracts less than twenty - five thousand tons of ore or overburden per calendar year shall be subject to the provisions of §§ 45-6B-54 to 45-6B-63 , inclusive, and are not required to comply with the provisions of §§ 45-6B-5 to 45-6B-7 , inclusive, 45-6B-10 , 45-6B-14 , or 45-6B-36 .

Source: SL 1982, ch 305, § 53; SL 1989, ch 306, § 52.
S.D. Codified Laws § 45-6B-7 — SD Code / Title 45 / Chapter 6B / Section 45-6B-7
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 required on all affected lands except as provided in §§ 45-6B-8 and 45-6B-9 . The reclamation plan shall include:

(1) A description of the types of reclamation the operator proposes to achieve in the reclamation of the affected land, why each was chosen, and the amount of acreage accorded to each;

(2) A standard soil survey of the affected land prepared by the local conservation district, paid for by the applicant, or if not available, a comparable soil survey prepared by a competent person;

(3) A vegetative survey of the affected land prepared by the local conservation district, paid for by the applicant or prepared by a competent person, including a description of the dominant species of vegetation present, approximate size and density;

(4) A preliminary wildlife survey of the affected land conducted by the Department of Game, Fish and Parks, paid for by the applicant, or conducted by a competent person approved by that department. Such survey shall include a description of the dominant species of wildlife inhabiting the area. 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 by that department. Restrictions concerning riparian habitat for mining 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;

(5) A statement of any characteristics of the affected land of historic, archaeological, geologic, scientific, or recreational significance which are known to the applicant;

(6) A description of how the reclamation plan will be implemented to meet the requirements of §§ 45-6B-37 to 45-6B-46 , inclusive;

(7) A description of how the reclamation plan will rehabilitate the affected land. This description shall include, but not be limited to, natural vegetation, wildlife, water, air, and soil;

(8) A map of all of the proposed affected land by all phases of the total scope of the mining operation. It shall indicate the following:

(a) The expected physical appearance of the area of the affected land; and

(b) Portrayal of the proposed final land use for each portion of the affected land;

(9) The baseline water quality and water level of all areas of aquifers potentially affected by the proposed mining operation. The Department of Agriculture and Natural Resources may designate, from the parameters set forth below, which parameters must be provided. The applicant shall use testing methods designated by the department:

(a) Alkalinity

(p) Hydrocarbon

(bb) Radon

(b) Aluminum

potential

(cc) Selenium

(c) Ammonia

(q) Iron

(dd) Silica

(d) Arsenic

(r) Lead

(ee) Silver

(e) Barium

(s) Magnesium

(ff) Sodium

(f) Bicarbonate

(t) Manganese

(gg) Sulfate

(g) Boron

(u) Mercury

(hh) Temperature

(h) Cadmium

(v) Molybdenum

(ii) Total alpha,

(i) Calcium

(w) Nickel

beta and gamma

(j) Carbonate

(x) Nitrate as

radiation

(k) Chloride

nitrogen

(jj) Total dissolved

(l) Chromium

(y) pH

solids

(m) Conductivity

(z) Potassium

(kk) Uranium

(n) Copper

(aa) Radium 226

(ll) Vanadium

(o) Fluoride

and 228

(mm) Zinc

(10) The location of proposed reservoirs, tailings ponds, tailings disposal sites, dams, dikes, and diversion canals;

(11) Provisions for the stripping, storage, and, if required, the replacement of the overburden and topsoil;

(12) The estimated cost of implementing and completing the proposed reclamation.

Source: SL 1982, ch 305, § 7; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-51 — SD Code / Title 45 / Chapter 6D / Section 45-6D-51
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 his 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 307, § 51; SL 1991, ch 17 (Ex. Ord. 91-4), § 21; SL 1993, ch 256, § 43; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-5A-5 — SD Code / Title 45 / Chapter 5A / Section 45-5A-5
Notice to surface owner of proposed surface disturbing development activities
Status: in_force

The mineral developer shall give the surface owner written notice of proposed surface disturbing mineral development activities at least thirty days before the date operations are commenced. Surface disturbing activities include well site construction, road building, grading, excavation, demolition, and related activities. This notice shall be given to the record surface owner at the surface owner's address as shown by the records of the county register of deeds at the time the notice is given. This notice shall sufficiently disclose the plan of work and operations to enable the surface owner to evaluate the effect of drilling operations on the surface owner's use of the property. Included with this notice shall be a form prepared by the Department of Agriculture and Natural Resources advising the surface owner of his or her rights and options under this chapter.

Source: SL 1982, ch 304, § 5; SL 2011, ch 165, § 193; SL 2013, ch 226, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-59 — SD Code / Title 45 / Chapter 9 / Section 45-9-59
Witnesses--Production of books and records
Status: in_force

The Board of Minerals and Environment may summon witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it.

Source: SL 1943, ch 153, § 8; SDC Supp 1960, § 42.0708 (1); SDC Supp 1960, § 42.0713 (1) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 249.
S.D. Codified Laws § 45-6B-56 — SD Code / Title 45 / Chapter 6B / Section 45-6B-56
Small-scale operation--Annual notice of intent to continue--Fee and reporting requirements
Status: in_force

Except as provided in subsection 45-6B-3(6)(b), the operator shall annually file on the anniversary date of the permit a notice of intent to continue mining operations. The notice of intent shall contain an annual fee of fifty dollars and comply with the reporting requirements of § 45-6B-36 .

Source: SL 1982, ch 305, § 56.
S.D. Codified Laws § 45-9-64 — SD Code / Title 45 / Chapter 9 / Section 45-9-64
Emergency order of board--Issuance without notice or hearing--Promulgation--Termination
Status: in_force

When an emergency requiring immediate action is found to exist the Board of Minerals and Environment is authorized to issue an emergency order without notice or hearing, which shall be effective upon promulgation. No emergency order shall remain effective for more than fifteen days.

Source: SL 1943, ch 153, § 7; SDC Supp 1960, § 42.0707 (3); SDC Supp 1960, § 42.0712 (3) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-4-5 — SD Code / Title 45 / Chapter 4 / Section 45-4-5
Location certificate limited to single location
Status: in_force

No location certificate may claim more than one location whether the location is made by one or several locators. If the certificate purports to claim more than one location, it is void except as to the first location described in the certificate. If the locations are described together or so that it cannot be determined which location is first described, the certificate is void for all locations described in the certificate.

Source: PolC 1877, ch 31, § 17; CL 1887, § 2011; RPolC 1903, § 2546; RC 1919, § 8740; SDC 1939, § 42.0106; SL 2011, ch 165, § 170.
S.D. Codified Laws § 45-6B-50 — SD Code / Title 45 / Chapter 6B / Section 45-6B-50
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 305, § 50.
S.D. Codified Laws § 45-4-3 — SD Code / Title 45 / Chapter 4 / Section 45-4-3
Marking surface boundaries of claim
Status: in_force

Surface boundaries shall be marked by eight substantial posts, hewed or blazed on the side or sides facing the claim and plainly marked with the name of the lode and the corner, end, or side of the claim that they respectively represent and sunk in the ground; one at each corner and one at the center of each side line and one at each end of the lode. If it is impracticable because of rock or precipitous ground to sink such posts, they may be placed in a monument of stone.

Source: PolC 1877, ch 31, § 6; SL 1881, ch 96, § 4; CL 1887, § 2002; RPolC 1903, § 2537; RC 1919, § 8731; SDC 1939, § 42.0108; SL 2011, ch 165, § 168.
S.D. Codified Laws § 45-9-48 — SD Code / Title 45 / Chapter 9 / Section 45-9-48
Order of Board of Minerals and Environment for unit operation--Ownership of portion of production allocated and proceeds of sale
Status: in_force

The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations.

Source: SDC Supp 1960, § 42.0710 (9) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6D-43 — SD Code / Title 45 / Chapter 6D / Section 45-6D-43
Renewal of permit--Information required
Status: in_force

In addition to the report required by § 45-6D-40 , the operator applying for the renewal of a uranium exploration operation permit shall submit an application thirty days prior to the expiration date of his existing permit. Such application shall provide current information regarding the application form required by § 45-6D-7 , any modifications of the reclamation plan required by § 45-6D-9 , and a revised map containing the information required by § 45-6D-10 . A renewal fee of two hundred dollars shall accompany the application.

Source: SL 1982, ch 307, § 43.
S.D. Codified Laws § 45-6B-67 — SD Code / Title 45 / Chapter 6B / Section 45-6B-67
Violation--Forfeiture of surety--Foreclosure of real estate
Status: in_force

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

Source: SL 1982, ch 305, § 66.
S.D. Codified Laws § 45-6B-9 — SD Code / Title 45 / Chapter 6B / Section 45-6B-9
Previously mined land--Reclamation not required for underground mining
Status: in_force

Any new or existing underground mining operation being conducted on previously mined land with existing unreclaimed land disturbance may not be required to reclaim such existing unreclaimed land disturbance which was incurred prior to July 1, 1980. The Board of Minerals and Environment may not require reclamation of such land as a condition of any permit. The applicant shall identify existing land which is in this category.

Source: SL 1982, ch 305, § 9.
S.D. Codified Laws § 45-9-67 — SD Code / Title 45 / Chapter 9 / Section 45-9-67
Appeal from rule, regulation, or order of board--Persons adversely affected--Procedure
Status: in_force

Any person adversely affected by any rule, regulation, or order of the Board of Minerals and Environment issued in pursuance to this chapter, may appeal therefrom by following the procedure set forth in chapter 1-26 .

Source: SL 1943, ch 153, §§ 9, 12; SDC Supp 1960, §§ 42.0709, 42.0712; SDC Supp 1960, § 42.0716 as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6D-62 — SD Code / Title 45 / Chapter 6D / Section 45-6D-62
Refusal of access or interference with inspection as violation
Status: in_force

It is a violation of a uranium exploration operation 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 uranium 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 307, § 62; SL 2011, ch 165, § 222.
S.D. Codified Laws § 45-6C-41 — SD Code / Title 45 / Chapter 6C / Section 45-6C-41
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 § 45-6C-37 . 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 306, § 41.
S.D. Codified Laws § 45-9-4 — SD Code / Title 45 / Chapter 9 / Section 45-9-4
Application to drill oil or gas well--Permit--Rules and regulations of board--Fee, disposition--Agreement with surface owner
Status: in_force

Without limiting its general authority, the Board of Minerals and Environment, by rules promulgated pursuant to chapter 1-26 , may require or may delegate to the secretary, specific authority to require that an operator drilling a well for oil or gas shall first file an application to drill with the secretary and obtain a permit from the secretary before drilling. The operator shall pay a fee of one hundred dollars which shall be placed in the environment and natural resources fee fund established pursuant to § 1-41-23 . In addition, the board shall require the applicant to certify that an agreement with the landowner or lessee is being negotiated regarding compensation for damages to livestock and surface land resulting from drilling operations.

Source: SDC Supp 1960, § 42.0707 as enacted by SL 1961, ch 211, § 1; SL 1965, ch 175; SL 1974, ch 284, § 1; SL 1979, ch 296, § 5; SL 1982, ch 308, § 1; SL 1983, ch 312; SL 1994, ch 23, § 9; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-59 — SD Code / Title 45 / Chapter 6D / Section 45-6D-59
Operator currently in violation--Issuance of permit prohibited
Status: in_force

No permit of new uranium exploration operations or renewal of an existing uranium exploration operation permit may be granted to any operator who is currently found to be in violation of the provisions of this chapter with respect to any uranium exploration operation in this state.

Source: SL 1982, ch 307, § 59.
S.D. Codified Laws § 45-6B-94 — SD Code / Title 45 / Chapter 6B / Section 45-6B-94
Gold or silver surface mining--Legislative findings
Status: in_force

The Legislature of South Dakota finds that protection of the environment requires regulation of the total amount of land that can be disturbed by surface mining by large - scale gold or silver surface mining operations at any given time.

Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
S.D. Codified Laws § 45-5A-9 — SD Code / Title 45 / Chapter 5A / Section 45-5A-9
Action for compensation
Status: in_force

If the person seeking compensation receives a written rejection, rejects the offer of the mineral developer, or receives no reply, that person may bring an action for compensation in the court of proper jurisdiction.

Source: SL 1982, ch 304, § 9.
S.D. Codified Laws § 45-7-6 — SD Code / Title 45 / Chapter 7 / Section 45-7-6
Action by owner of lease to determine rights--Lis pendens notice--Affidavit as to demand for release not recorded
Status: in_force

If the owner of the lease shall, within the thirty - day period provided by the notice pursuant to § 45-7-4 , commence an action against the owner of said land or mineral rights to determine all rights under said lease and file for record a notice of pendency of said action, then the said affidavit shall not be recorded, but the register of deeds shall notify the owner of the land or mineral rights of the action of the lease owner.

Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.
S.D. Codified Laws § 45-9-3 — SD Code / Title 45 / Chapter 9 / Section 45-9-3
Waste of oil and gas prohibited--Production of gas in conjunction with water excluded from coverage of chapter
Status: in_force

The waste of oil and gas is prohibited. However, the production of gas for personal use in conjunction with the production of water insofar as such gas comes from the water-bearing formations is expressly excluded from the coverage of this chapter.

Source: SL 1929, ch 202, § 1; SDC 1939, § 42.0601; SL 1943, ch 153, § 5; SDC Supp 1960, § 42.0705; SL 1961, ch 211, § 1; SL 2007, ch 255, § 1.
S.D. Codified Laws § 45-6D-55 — SD Code / Title 45 / Chapter 6D / Section 45-6D-55
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. Any suit under this section shall be brought in the circuit court for the county where the alleged violation occurs.

Source: SL 1982, ch 307, § 55.
S.D. Codified Laws § 45-5A-3 — SD Code / Title 45 / Chapter 5A / Section 45-5A-3
Definition of terms
Status: in_force

Terms used in this chapter, unless the context otherwise clearly requires, mean:

(1) "Agricultural production," the production of any growing grass or crop attached to the surface of the land, whether or not the grass or crop is to be sold commercially, and the production of any farm animals, whether or not the animals are to be sold commercially;

(2) "Mineral development," the exploration for or drilling of an oil and gas well or mineral test hole which requires entry upon the surface estate and was commenced subsequent to June 30, 1982, and the oil and gas production operations ensuing therefrom;

(3) "Mineral developer," the person who acquires the mineral estate or lease for the purpose of extracting or using the minerals for nonagricultural purposes;

(4) "Mineral estate," an estate in or ownership of all or part of the minerals underlying a specified tract of land;

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

(6) "Surface estate," an estate in or ownership of the surface of a particular tract of land;

(7) "Surface owner," the person who has possession of the surface of the land, if other than the mineral developer, either as an owner or as a lessee.

Source: SL 1982, ch 304, § 3.
S.D. Codified Laws § 45-6D-60 — SD Code / Title 45 / Chapter 6D / Section 45-6D-60
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 which such violation occurs, 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 307, § 60; SL 1988, ch 291, § 23.
S.D. Codified Laws § 45-6B-4 — SD Code / Title 45 / Chapter 6B / Section 45-6B-4
Local government permit--Additional bond or surety not authorized--Conditional mining permit
Status: in_force

Any county or first or second class municipality which has adopted a comprehensive plan and zoning ordinances may adopt ordinances or requirements governing mining operations which are not inconsistent or in conflict with applicable state laws or administrative rules. However, such county or municipality may not require additional bonds or sureties if the same are required by state law or administrative rule. The Board of Minerals and Environment may not grant a permit for a mining operation unless the applicant has complied with all county or city ordinances and requirements and obtained necessary county or city permits. However, if the applicant has substantially complied with the procedure for obtaining any necessary county or city permits but has not obtained such permits due to administrative delay, the Board of Minerals and Environment may grant a mining permit which is conditioned upon the issuance of all necessary county or city permits within sixty days of the date of the board's issuance of the conditioned mining permit. If a county or municipality has adopted an ordinance governing mining operations, any proceedings of and any action taken by the county or municipality with regard to the proposed mining operation may be considered by the Board of Minerals and Environment before the issuance or denial of a permit pursuant to this chapter, including a permit conditioned upon the issuance of all necessary county or city permits.

No mining operations may be commenced under a permit conditioned upon the issuance of all necessary county or city permits until the Board of Minerals and Environment is notified by the applicant in writing that the required county or city permits have been obtained by the applicant.

Source: SL 1982, ch 305, § 4; SL 1987, ch 319; SL 1992, ch 60, § 2.
S.D. Codified Laws § 45-6B-52 — SD Code / Title 45 / Chapter 6B / Section 45-6B-52
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. Any suit under this section shall be brought in the circuit court for the county where the alleged violation occurs.

Source: SL 1982, ch 305, § 52.
S.D. Codified Laws § 45-6B-60 — SD Code / Title 45 / Chapter 6B / Section 45-6B-60
Small-scale operation--Conversion of permit to larger operation
Status: in_force

Any operator conducting an operation under a permit issued under § 45-6B-59 , who has held the permit for two consecutive years or more, and who subsequently desires to expand it to a size in excess of the limitation set forth in § 45-6B-53 , may request the conversion of his permit by filing an application for a permit pursuant to §§ 45-6B-5 to 45-6B-10 , inclusive. However the applicant need not supply information, materials, and other data and undertakings previously supplied, including any additional applicable materials provided the Board of Minerals and Environment during the course of his current operation, or resulting from the board's inspections thereof.

Source: SL 1982, ch 305, § 60.
S.D. Codified Laws § 45-6D-64 — SD Code / Title 45 / Chapter 6D / Section 45-6D-64
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, 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 307, § 64; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2011, ch 165, § 223; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6C-35 — SD Code / Title 45 / Chapter 6C / Section 45-6C-35
Penetration of aquifer--Report required
Status: in_force

The operator shall submit, upon completion of the exploration operation, a clear and complete report identifying all test holes which have penetrated an aquifer, the depth of the aquifer, and the method used to plug each such test hole. The information contained in the report is not confidential. However, the Board of Minerals and Environment and the Department of Agriculture and Natural Resources shall keep the source of the information confidential. Further, the operator shall submit a report identifying the location of all test holes with sufficient information to allow the department to locate such test holes.

Source: SL 1982, ch 306, § 35; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-4-10 — SD Code / Title 45 / Chapter 4 / Section 45-4-10
Location certificate--Surface ground included and excluded
Status: in_force

The location or location certificate of any lode claim includes all surface ground within the surface lines of the lode claim and all lodes and ledges throughout their entire depth, the top or apex of which lie inside of the lode claim lines extended vertically and including parts of the lodes or ledges as they continue by dip beyond the side lines of the claim. The lode claim does not include any portion of such lodes or ledges beyond the end lines of the claim or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode.

Source: PolC 1877, ch 31, § 9; CL 1887, § 2005; RPolC 1903, § 2540; RC 1919, § 8734; SDC 1939, § 42.0111; SL 2011, ch 165, § 174.
S.D. Codified Laws § 45-6C-22 — SD Code / Title 45 / Chapter 6C / Section 45-6C-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 § 45-6C-23 .

Source: SL 1982, ch 306, § 22.
S.D. Codified Laws § 45-9-11 — SD Code / Title 45 / Chapter 9 / Section 45-9-11
Operations for production of oil or gas, regulation by board
Status: in_force

The Board of Minerals and Environment shall promulgate rules pursuant to chapter 1-26 to regulate or to provide for:

(1) The drilling, producing, and plugging of wells, and all other operations for the production of oil or gas;

(2) The shooting and chemical or physical treatment of wells;

(3) The spacing or locating of wells;

(4) Operations to increase ultimate recovery such as cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into producing formations; and

(5) Disposal of salt water and oil field wastes.

The board may delegate to the secretary of agriculture and natural resources the authority to monitor and enforce compliance with rules promulgated pursuant to this section.

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) (b) as enacted by SL 1961, ch 211, § 1; SL 1993, ch 256, § 46; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-30 — SD Code / Title 45 / Chapter 6D / Section 45-6D-30
Term of permit--Triennial renewal
Status: in_force

A uranium exploration operation permit shall be issued for a period of three years and may be renewed triennially pursuant to the provisions of §§ 45-6D-43 to 45-6D-50 , inclusive.

Source: SL 1982, ch 307, § 30.
S.D. Codified Laws § 45-9-58 — SD Code / Title 45 / Chapter 9 / Section 45-9-58
Notice of hearing--Service by mail or publication--Proof of service
Status: in_force

The notice of a hearing on any application made pursuant to this chapter shall be served either by certified mail or by publication in a newspaper of general circulation in the county where the affected land, or some part thereof, is situated. The applicant shall give notice of any hearing that may affect property interests by mailing the notice by certified mail, return receipt requested, to any person whose property may be affected by the hearing. As proof of service, the applicant shall file with the board an affidavit declaring that the notice was mailed and the certified mail return receipt. Any person who cannot be served notice by certified mail may be served notice of the hearing by publication.

Source: SDC Supp 1960, § 42.0712 (4) as enacted by SL 1961, ch 211, § 1; SL 1985, ch 343; SL 2012, ch 212, § 5.
S.D. Codified Laws § 45-6C-47 — SD Code / Title 45 / Chapter 6C / Section 45-6C-47
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 306, § 47; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-7-5 — SD Code / Title 45 / Chapter 7 / Section 45-7-5
Affidavit as to demand for release--Filing with register of deeds
Status: in_force

The owner of said land or the owner of the mineral rights may then file with the register of deeds of the county where said land is situated, an affidavit setting forth that affiant is the owner of said land or mineral rights; that the lease has expired or become forfeited, reciting the facts constituting such expiration or forfeiture; and setting out in said affidavit a copy of the notice served as provided in § 45-7-4 and the manner and time of the service thereof.

Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.
S.D. Codified Laws § 45-6C-1 — SD Code / Title 45 / Chapter 6C / Section 45-6C-1
Citation of chapter
Status: in_force

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

Source: SL 1982, ch 306, § 1.
S.D. Codified Laws § 45-6B-32 — SD Code / Title 45 / Chapter 6B / Section 45-6B-32
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) Any part of the proposed mining operation, the reclamation program, or the proposed future use is contrary to the laws or regulations of this state or the United States;

(4) The mining operation will adversely affect the stability of any significant, valuable, and permanent man - made structures located within two hundred feet of the affected land, except where there is an agreement between the operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the operator;

(5) The mining operation would be in violation of any county zoning or subdivision regulations;

(6) The proposed mining operation and reclamation can not be carried out in conformance with the requirements of § 45-6B-35 ;

(7) The operator is currently found to be in violation of the provisions of this chapter with respect to any mining operation in this state; or

(8) The land is unsuitable for a mining operation, as determined pursuant to § 45-6B-33 .

Source: SL 1982, ch 305, § 32.
S.D. Codified Laws § 45-9-41 — SD Code / Title 45 / Chapter 9 / Section 45-9-41
Supplemental hearing on approval of plan for unit operation
Status: in_force

If the plan for unit operations has not been approved as required by § 45-9-40 at the time the order providing for unit operations is made, the Board of Minerals and Environment shall upon application and notice provide opportunity for supplemental hearings to determine if and when the plan for unit operations has been approved.

Source: SDC Supp 1960, § 42.0710 (4) as enacted by SL 1961, ch 211, § 1; SL 2012, ch 212, § 3.
S.D. Codified Laws § 45-4-17 — SD Code / Title 45 / Chapter 4 / Section 45-4-17
Order requiring survey of disputed claim--Designation of surveyor--Witnesses to examine property
Status: in_force

The order specified in § 45-4-16 shall designate some competent surveyor not related to any of the parties to the suit nor in any way interested in the result of the suit to conduct the survey. Upon the application of the party adverse to the application, the court may also appoint some competent surveyor to be selected by the adverse applicant who shall attend the survey and observe the method of making the survey at the cost of the party asking for the survey. The order may specify the names of witnesses named by either party, not exceeding three on each side, who may enter into and examine the property.

Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, § 177.
S.D. Codified Laws § 45-9-27 — SD Code / Title 45 / Chapter 9 / Section 45-9-27
Drilling of well at other than prescribed location when authorized by secretary
Status: in_force

Upon application, if the secretary of agriculture and natural resources finds that a well drilled at the prescribed location would not be likely to produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such wells or for other good cause shown, the secretary may permit the well to be drilled at a location other than that prescribed by the spacing order.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (2); SDC Supp 1960, § 42.0708 (4) as enacted by SL 1961, ch 211, § 1; SL 1974, ch 284, § 2; SL 2011, ch 165, § 238; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-10 — SD Code / Title 45 / Chapter 6D / Section 45-6D-10
Map of permit area
Status: in_force

The applicant shall submit with the application a map, topographic map if available, of the proposed permit area and of the adjacent one - half mile area surrounding the proposed permit 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 307, § 10.
S.D. Codified Laws § 45-6D-12 — SD Code / Title 45 / Chapter 6D / Section 45-6D-12
Notice of application--Publication
Status: in_force

The applicant shall cause notice of the filing of his application to be published in a newspaper of general circulation in the locality of the proposed uranium exploration operation once a week for two consecutive weeks, commencing not more than ten days after the filing of his application with the Board of Minerals and Environment. Such notice, prepared by the Department of Agriculture and Natural Resources, shall contain the identity and address of the applicant and resident agent, the general location of the proposed uranium exploration operation, the proposed dates of commencement and completion of the operation, the location where additional information about the operation may be obtained, and the location and final date for filing objections with the board.

Source: SL 1982, ch 307, § 12; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6B-25 — SD Code / Title 45 / Chapter 6B / Section 45-6B-25
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 305, § 25.
S.D. Codified Laws § 45-6B-10 — SD Code / Title 45 / Chapter 6B / Section 45-6B-10
Map of affected area
Status: in_force

The accurate map of the affected area shall:

(1) Identify the area which corresponds with the application;

(2) Show adjoining surface owners of record;

(3) Be drawn to a scale of not more than one to twenty - five thousand. A standard agricultural stabilization and conservation service aerial photo map is sufficient to meet this requirement;

(4) Show the name and location of all domestic and commercial water wells, creeks, roads, buildings, oil and gas wells and pipelines, and power and communication lines on the area of affected land and within two hundred feet of all boundaries of the affected land;

(5) Show the total area to be involved in the operation, including the area to be mined, the area of affected land and, if applicable, the area proposed for tailings disposition; and

(6) Indicate on the map or by a statement the general type, thickness, and distribution of soil over the affected land.

Source: SL 1982, ch 305, § 10.
S.D. Codified Laws § 45-6D-15 — SD Code / Title 45 / Chapter 6D / Section 45-6D-15
Confidential information in application protected--Violation as misdemeanor
Status: in_force

Information provided to the Board of Minerals and Environment in an application for an exploration operation permit relating to the location of test holes and marked confidential by the operator shall be protected as confidential information by the board 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 307, § 15.
S.D. Codified Laws § 45-6D-48 — SD Code / Title 45 / Chapter 6D / Section 45-6D-48
Renewal of permit--Operation continued under original permit--Implementation of nonapproved modification ground for revocation or denial of permit
Status: in_force

Pending the final determination on a renewal application, the operator may continue the uranium exploration operation under the terms and conditions of the original permit. If the proposed modifications are not approved by the Board of Minerals and Environment, the board shall automatically renew the original permit as originally issued, except as provided in § 45-6D-50 . Implementation of a nonapproved modification proposed in the renewal application is sufficient justification for the board to revoke any existing permits of the operator and deny the renewal application.

Source: SL 1982, ch 307, § 48.
S.D. Codified Laws § 45-9-54 — SD Code / Title 45 / Chapter 9 / Section 45-9-54
Enforcement of chapter--Jurisdiction of board
Status: in_force

The Board of Minerals and Environment has jurisdiction and authority over all persons and property, public and private, necessary to enforce effectively the provisions of this chapter.

Source: SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (1); SDC Supp 1960, § 42.0706 (2) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6B-34 — SD Code / Title 45 / Chapter 6B / Section 45-6B-34
Notice to county commissioners of approval or denial of permit or amendment
Status: in_force

The Board of Minerals and Environment shall transmit notice of the approval or denial of a new mining operation permit or the amendment of a mining operation permit to the appropriate board of county commissioners within thirty days of final board action.

Source: SL 1982, ch 305, § 34.
S.D. Codified Laws § 45-6B-37 — SD Code / Title 45 / Chapter 6B / Section 45-6B-37
Grading
Status: in_force

Grading shall be carried on so as to create a final topography appropriate to the final land use selected in accordance with § 45-6B-44 .

Source: SL 1982, ch 305, § 37.
S.D. Codified Laws § 45-6C-45 — SD Code / Title 45 / Chapter 6C / Section 45-6C-45
Violation--Civil penalty--Liability for damages to environment
Status: in_force

Any person who violates any provision 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 for each day which such violation occurs, or is liable for damages to the environment of this state, or both. This penalty is in addition to any other penalties authorized.

Source: SL 1982, ch 306, § 45; SL 1988, ch 291, § 22.
S.D. Codified Laws § 45-5A-1 — SD Code / Title 45 / Chapter 5A / Section 45-5A-1
Legislative findings
Status: in_force

The Legislature finds the following:

(1) It is necessary for the state to protect the public welfare of South Dakota which is largely dependent on agriculture, and to protect the economic well - being of individuals engaged in agricultural production;

(2) Exploration for and development of mineral and oil and gas reserves in this state may interfere with the use, agricultural or otherwise, of the surface of certain land;

(3) Surface owners should be justly compensated for injury to their persons or property and interference with the use of their property occasioned by mineral and oil and gas development.

Source: SL 1982, ch 304, § 1.
S.D. Codified Laws § 45-9-1.1 — SD Code / Title 45 / Chapter 9 / Section 45-9-1.1
Functions of environment and natural resources board transferred to Board of Minerals and Environment
Status: in_force

The functions of the environment and natural resources board pursuant to this chapter, relating to oil and gas conservation, are transferred to the Board of Minerals and Environment.

Source: SL 1981, ch 374, § 23.
S.D. Codified Laws § 45-6B-28 — SD Code / Title 45 / Chapter 6B / Section 45-6B-28
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 mining permit with the Board of Minerals and Environment. Such material shall be filed with the board not more than twenty days after the date of last publication of notice pursuant to § 45-6B-16 . The board shall hold a hearing pursuant to § 45-6B-30 on the question of whether the permit should be granted. The applicant shall be notified by the board or department within ten days of receipt of any objections to the application and be provided a copy of the written objections.

Source: SL 1982, ch 305, § 28; SL 2011, ch 165, § 202.
S.D. Codified Laws § 45-5A-5.3 — SD Code / Title 45 / Chapter 5A / Section 45-5A-5.3
Exception to notice requirement
Status: in_force

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

Source: SL 2013, ch 226, § 3.
S.D. Codified Laws § 45-6-73 — SD Code / Title 45 / Chapter 6 / Section 45-6-73
Operation without license as misdemeanor
Status: in_force

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

Source: SL 1983, ch 308, § 11.
S.D. Codified Laws § 45-6B-11 — SD Code / Title 45 / Chapter 6B / Section 45-6B-11
Approval of reclamation plan by Department of Education and Department of Game, Fish and Parks
Status: in_force

Within ten days of its receipt of a mining operation permit application, the Department of Agriculture and Natural Resources shall send copies of the reclamation plan to the Department of Education and the Department of Game, Fish and Parks. Within thirty days of their receipt, the departments may submit written comments for consideration by the board. The failure of any department to respond within thirty days shall constitute its approval of the reclamation plan.

Source: SL 1982, ch 305, § 11; SL 2003, ch 272, § 63; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 51, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6-67.1 — SD Code / Title 45 / Chapter 6 / Section 45-6-67.1
Reclamation by owner--Time limit--Extension--Forfeiture of surety
Status: in_force

Any reclamation provided for in § 45-6-67 shall be carried to completion by the operator with all reasonable diligence, and final reclamation shall be completed within three years after all mining under the license has ceased operation, unless such period is extended by the Board of Minerals and Environment upon a finding that additional time is necessary for the completion of final reclamation of all licensed sites. Failure to complete final reclamation within three years after all mining under the license has ceased may result in the forfeiture of the surety.

Source: SL 1992, ch 254, § 86.
S.D. Codified Laws § 45-9-56 — SD Code / Title 45 / Chapter 9 / Section 45-9-56
Authority of board to act--Upon its own motion--Petition of interested person
Status: in_force

The Board of Minerals and Environment may act upon its own motion or upon the petition of any interested person.

Source: SDC Supp 1960, § 42.0712 (6) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6C-54 — SD Code / Title 45 / Chapter 6C / Section 45-6C-54
Publication of application for a transfer of notice of intent--Contents
Status: in_force

The applicant shall cause notice of the filing of his application for a transfer to be published in a newspaper of general circulation in the locality of the proposed exploration operation within ten days after the application of transfer is received by the department. Such notice shall contain the identity and address of the first operator and resident agent and successor operator and resident agent, a brief description of the type of mineral exploration to be conducted, the legal description of the land to be explored, the approximate date upon which the operation will commence and location where additional information about the proposed exploration operation may be obtained. Proof of such publication, such as an affidavit of publication, shall be provided to the department and become a part of the transfer application.

Source: SL 1993, ch 333, § 2.
S.D. Codified Laws § 45-6D-3 — SD Code / Title 45 / Chapter 6D / Section 45-6D-3
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Affected land," the surface area 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," 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," Department of Agriculture and Natural Resources;

(6) "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 uranium exploration operation;

(7) "Reclamation," the employment during and after a uranium exploration operation of procedures reasonably designed to minimize the disruption from the uranium 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;

(8) "Test hole," a well, core hole, core test, observation well, or other well drilled from the surface to determine the presence of uranium or uranium resources;

(9) "Uranium," the chemical element "u";

(10) "Uranium exploration operation," the act of searching for or investigating a uranium deposit, including sinking shafts, tunneling, drilling test holes, digging pits, or cuts or other works for the purpose of extracting samples, including bulk samples, before commencement of development or extraction operations and test facilities to prove the commercial grade of a uranium deposit. The term does not include those activities which cause very little or no surface disturbance, such as airborne surveys and photographs, 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 uranium deposits.

Source: SL 1982, ch 307, § 3; SL 1994, ch 351, § 109; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-5A-6 — SD Code / Title 45 / Chapter 5A / Section 45-5A-6
Responsibilities of developer
Status: in_force

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

Source: SL 1982, ch 304, § 6; SL 2011, ch 165, § 194.
S.D. Codified Laws § 45-9-40 — SD Code / Title 45 / Chapter 9 / Section 45-9-40
Order of board for unit operation of a pool--Not effective until approved by persons responsible for operating costs
Status: in_force

No order of the Board of Minerals and Environment providing for unit operations becomes effective unless and until the plan for unit operations prescribed by the board has been approved in writing by those persons who, under the board's order, shall be required to pay at least sixty percent of the cost of the unit operation, and also by the owners of at least sixty percent of the production or proceeds thereof that will be credited to interests which are free of cost, such as royalties, and production payments, and the board has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operation has been so approved.

Source: SDC Supp 1960, § 42.0710 (4) as enacted by SL 1961, ch 211, § 1; SL 2004, ch 273, § 1.
S.D. Codified Laws § 45-6B-33.2 — SD Code / Title 45 / Chapter 6B / Section 45-6B-33.2
Permit application for small-scale mining operation--Small-scale mining operation defined
Status: in_force

The provisions of § 45-6B-33.1 do not apply to any permit application for a small - scale mining operation. For purposes of this section, a small - scale mining operation is an operation which satisfies the criteria or definition of small - scale operation as set forth in any applicable county zoning ordinance or regulation. However, if applicable county zoning ordinances or regulations do not include a definition of "small - scale operation," the definition set forth in § 45-6B-53 shall apply.

Source: SL 1987, ch 320, § 4.
S.D. Codified Laws § 45-6B-40 — SD Code / Title 45 / Chapter 6B / Section 45-6B-40
Removal and handling of topsoil
Status: in_force

If it is necessary to remove overburden in order to mine the mineral, topsoil shall be removed from the affected land and segregated from other spoil. If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, vegetative cover, or other means shall be employed so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and is in a useable condition for sustaining vegetation when restored during reclamation. If, in the opinion of the Board of Minerals and Environment, such topsoil is of insufficient quantity or of poor quality for sustaining vegetation or if other strata can be shown to be more suitable for vegetation requirements, the operator shall remove, segregate, and preserve in a like manner such other strata which are best able to support vegetation.

Source: SL 1982, ch 305, § 40.
S.D. Codified Laws § 45-6C-7 — SD Code / Title 45 / Chapter 6C / Section 45-6C-7
Notice form--Contents
Status: in_force

The notice form shall contain:

(1) The name of the operator who intends to conduct the mineral 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 mineral exploration operation will be conducted pursuant to and subject to the provisions of this chapter;

(5) A brief description of the type of mineral 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 operation will commence;

(8) A statement that the applicant has the authority to conduct an exploration 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 the provisions of this chapter.

Source: SL 1982, ch 306, § 7.
S.D. Codified Laws § 45-4-15 — SD Code / Title 45 / Chapter 4 / Section 45-4-15
Actions involving mining claims--Proof of customs, usages, or regulations
Status: in_force

In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this state and of the United States, must govern the decision of the action.

Source: CCivP 1877, § 649; CL 1887, § 5463; RCCivP 1903, § 689; RC 1919, § 2865; SDC 1939 & Supp 1960, § 37.1522.
S.D. Codified Laws § 45-5-2 — SD Code / Title 45 / Chapter 5 / Section 45-5-2
Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief
Status: in_force

If, in order to enable the owner of a mining claim to successfully and conveniently work the claim, it is necessary that the owner have a right-of-way for any of the purposes set forth in § 45-5-1 , and if such a right-of-way has not been acquired by agreement between the owner of the mining claim and the owner of the claim over, under, across, or upon which the owner of the mining claim seeks to establish the right-of-way, the owner of the mining claim may present to the judge of the circuit court for the county in which the desired right-of-way or some part of the right-of-way is situated, and file with the clerk of the court a petition requesting that the right-of-way be awarded. The petition shall be verified and contain a description of the character and extent of the right sought, a description of the mine or claim of the petitioner, and the claim on lands to be affected by the right or privilege, with the names of the occupants or owners of the lands. The petition may also set forth any tender or offer mentioned in § 45-5-14 and shall demand the relief sought.

Source: SL 1881, ch 97, § 3; CL 1887, § 2018; RPolC 1903, § 2552; RC 1919, § 8746; SDC 1939, § 42.0202; SL 2011, ch 165, § 184.
S.D. Codified Laws § 45-6C-38 — SD Code / Title 45 / Chapter 6C / Section 45-6C-38
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 306, § 38.
S.D. Codified Laws § 45-9-49 — SD Code / Title 45 / Chapter 9 / Section 45-9-49
Order for unit operations does not transfer title
Status: in_force

Except to the extent that the parties affected agree, no order providing for unit operations may be construed to result in a transfer of any part of the title of any person to the oil and gas rights in any tract in the unit area.

Source: SDC Supp 1960, § 42.0710 (11) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 245.
S.D. Codified Laws § 45-6D-58 — SD Code / Title 45 / Chapter 6D / Section 45-6D-58
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 proceedings conducted pursuant to § 45-6D-55 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 307, § 58; SL 1994, ch 23, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-2 — SD Code / Title 45 / Chapter 6D / Section 45-6D-2
Legislative findings and policy
Status: in_force

The relatively unknown and as yet largely undeveloped uranium resources of this state consist in major proportion of uranium below the surface. The exploration for and discovery of uranium by means of drilling and other methods of detecting such deposits are important to the economic development of the state and the nation. Every effort should be used to prevent the waste and spoilage of the land 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 completion of a uranium exploration operation the affected land is usable and productive to the extent possible for agricultural or recreational pursuits or future resource development; that both during and after a uranium exploration operation, water and other natural resources are not endangered; and that esthetics and a tax base are maintained, all for the health, safety, and general welfare of the people of the state.

Source: SL 1982, ch 307, § 2.
S.D. Codified Laws § 45-4-14 — SD Code / Title 45 / Chapter 4 / Section 45-4-14
Fencing of mining claim or mineral property for protection of livestock--Duties on abandonment--Liability for damages--Violation as misdemeanor
Status: in_force

Any person, firm, association, or corporation who makes or sinks discovery shafts, open cuts, adits, or equivalents on a mining claim or on mineral property, ground, or premises shall immediately, while using the discovery shafts, open cuts, adits, or equivalents, make them secure and safe, either by means of a substantial fence or otherwise, to guard against the possibility of livestock falling into or becoming injured or destroyed by reason of the openings. Before abandoning the discovery shafts, open cuts, adits, or equivalents, the person, firm, association, or corporation shall fill in or slope such openings, as a further precaution. Any person, firm, association, or corporation that fails or refuses to fully comply with this section is liable in damages for injury to or destruction of livestock caused thereby to the owner of the livestock and is guilty of a Class 2 misdemeanor.

Source: SL 1955, ch 153; SDC Supp 1960, §§ 42.0119, 42.9909; SL 1983, ch 15, § 18; SL 2011, ch 165, § 175.
S.D. Codified Laws § 45-4-11 — SD Code / Title 45 / Chapter 4 / Section 45-4-11
Longitudinal limits of claim
Status: in_force

If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface or as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exterior.

Source: PolC 1877, ch 31, § 10; CL 1887, § 2006; RPolC 1903, § 2541; RC 1919, § 8735; SDC 1939, § 42.0112.
S.D. Codified Laws § 45-9-1 — SD Code / Title 45 / Chapter 9 / Section 45-9-1
Purpose of chapter--Development of oil and gas resources
Status: in_force

It is hereby declared that it is in the public interest to foster, to encourage, and to promote the development, production, and utilization of natural resources of oil and gas in the State of South Dakota in such a manner as will prevent waste; to authorize and to provide for the operation and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas be had and that the correlative rights of all owners be fully protected; and to encourage, to authorize, and to provide for cycling, recycling, pressure maintenance, and secondary recovery operations in order that the greatest possible economic recovery of oil and gas be obtained within the state to the end that the landowners, the royalty owners, the producers, and the general public realize and enjoy the greatest possible good from these vital natural resources.

Source: SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-1-2 — SD Code / Title 45 / Chapter 1 / Section 45-1-2
Surveys relating to geology, natural history, archaeology, and anthropology--Duty to continue
Status: in_force

The state geologist shall carry on and continue surveys of the state in relation to geology, natural history, archaeology, and anthropology, particularly studying and emphasizing the economic geology of this state.

Source: SL 1919, ch 332, § 2; SDC 1939, § 42.0502; SL 2011, ch 165, § 161.
S.D. Codified Laws § 45-9-71 — SD Code / Title 45 / Chapter 9 / Section 45-9-71
Action for injunction--Service--Order
Status: in_force

If it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order of the Board of Minerals and Environment, and unless the board without litigation can effectively prevent violation or threat of violation, the board shall bring suit against the person in the circuit court for any county where the violation is occurring or is threatened, to restrain the person from continuing the violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to the person may be directed to the sheriff of any county in this state for service by the sheriff. In any such suit, the court has jurisdiction to grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions.

Source: SL 1943, ch 153, § 11; SDC Supp 1960, § 42.0711; SDC Supp 1960, § 42.0715 (1) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 252.
S.D. Codified Laws § 45-6B-76 — SD Code / Title 45 / Chapter 6B / Section 45-6B-76
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 reclamation or implementing the provisions of § 45-6B-74 ;

(3) Carry out reclamation of affected lands.

Source: SL 1982, ch 305, § 75.
S.D. Codified Laws § 45-6-69 — SD Code / Title 45 / Chapter 6 / Section 45-6-69
Notice of operation to public agencies--Contents--Time required
Status: in_force

The operator shall submit notification, consisting of a map of the affected area and the information required in the newspaper notice to the South Dakota Department of Agriculture and Natural Resources, the South Dakota Department of Game, Fish and Parks, the South Dakota Department of Education, and the local conservation district, of the operator's intent to commence mining at a new mine site at least thirty days before beginning mining operations.

Source: SL 1983, ch 308, § 7; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2011, ch 165, § 197; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-23 — SD Code / Title 45 / Chapter 9 / Section 45-9-23
Spacing units for a pool--Production limited by waste--Order of board establishing, contents
Status: in_force

When production is limited due to physical waste, the Board of Minerals and Environment shall include in the order establishing spacing units suitable provisions to prevent the production from the spacing unit of more than its just and equitable share of the oil and gas in the pool.

Source: SDC Supp 1960, § 42.0708 (4) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6D-49 — SD Code / Title 45 / Chapter 6D / Section 45-6D-49
Renewal of permit--Grounds for denial of modifications
Status: in_force

Modifications contained in the renewal application may be denied on the basis of the grounds provided in § 45-6D-29 .

Source: SL 1982, ch 307, § 49.
S.D. Codified Laws § 45-6B-81 — SD Code / Title 45 / Chapter 6B / Section 45-6B-81
Promulgation of rules
Status: in_force

The board may promulgate rules, pursuant to chapter 1-26 , to:

(1) Establish the procedure for filing and departmental review of mining permit applications;

(2) Establish the procedure for amending mining permits;

(3) Establish the procedure for transfer of permits;

(4) Provide for the reclamation of mills proposed to be operated in conjunction with a mining operation;

(5) Establish the prehearing procedure for determining the type of reclamation to be performed on affected land;

(6) Establish the minimum requirements for each type of reclamation;

(7) Establish the reclamation activities required to be performed concurrent with mining activity;

(8) Establish the procedure to address reclamation before or during a temporary cessation of mining activity, pursuant to subdivision 45-6B-3 (6);

(9) Establish the procedure for determining special, exceptional, critical, or unique land, in accordance with § 45-6B-33 ;

(10) Establish the requirements for construction, operation, monitoring, and closure of uranium and other mineral mines using in situ leach processes; and

(11) Establish the procedure for posting and monitoring financial assurance.

Source: SL 1987, ch 322; SL 1989, ch 381, § 4; SL 2006, ch 224, § 3; SL 2024, ch 181, § 5.
S.D. Codified Laws § 45-9-10 — SD Code / Title 45 / Chapter 9 / Section 45-9-10
Operation of wells with inefficient gas-oil or water-oil ratios
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 wells not be operated with inefficient gas-oil or water-oil ratios, and to fix their ratios, and to limit production from wells with inefficient gas-oil or water-oil ratios.

Source: SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3) (f); SDC Supp 1960, § 42.0706 (4) (a) (7) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 228; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-12 — SD Code / Title 45 / Chapter 9 / Section 45-9-12
Production of oil and gas from field, pool, or area where physical waste created
Status: in_force

Without limiting its general authority, the Board of Minerals and Environment may regulate, or may delegate to the secretary of agriculture and natural resources, specific authority to regulate the production of oil and gas from any field, pool, or area, where physical waste is created.

Source: SDC Supp 1960, § 42.0706 (4) (c) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 229; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-38 — SD Code / Title 45 / Chapter 9 / Section 45-9-38
Findings of board requiring order for unit operation of a pool
Status: in_force

The Board of Minerals and Environment shall make an order providing for the unit operation of a pool or part thereof if it finds that:

(1) Such operation is reasonably necessary to increase substantially the ultimate recovery of oil or gas; and

(2) The value of the estimated additional recovery of oil or gas exceeds the estimated additional cost incident to conducting such operations.

Source: SDC Supp 1960, § 42.0710 (2) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-9-46 — SD Code / Title 45 / Chapter 9 / Section 45-9-46
Operation of well upon unit area--Unit of production allocated to separately owned tract
Status: in_force

All operations, including the commencement, drilling, or operation of a well upon any portion of the unit area are deemed for all purposes the conduct of such operations upon each separately owned tract in the area by the several owners of the tracts. The portion of the unit production allocated to a separately owned tract in a unit area is, when produced, deemed, for all purposes, to have been actually produced from the tract by a well drilled on the tract.

Source: SDC Supp 1960, § 42.0710 (8) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 244.
S.D. Codified Laws § 45-6D-14 — SD Code / Title 45 / Chapter 6D / Section 45-6D-14
Notice to state archaeologist--Restrictions concerning site disturbances
Status: in_force

The Board of Minerals and Environment shall notify the state archaeologist of the Department of Education of the area proposed for the uranium exploration operation and any modifications proposed in a renewal application. The board shall include any restrictions concerning site disturbances as notified, in writing, by the state archaeologist within the terms and conditions of an approved or renewed permit.

Source: SL 1982, ch 307, § 14; SL 2003, ch 272, § 63.
S.D. Codified Laws § 45-6B-33.3 — SD Code / Title 45 / Chapter 6B / Section 45-6B-33.3
Special, exceptional, critical, or unique land defined
Status: in_force

For the purposes of § 45-6B-33 , land is special, exceptional, critical, or unique if it possesses one or more of the following characteristics:

(1) The land is so ecologically fragile that, once it is adversely affected, it could not return to its former ecological role in the reasonably foreseeable future;

(2) The land has such a strong influence on the total ecosystem of which it is a part that even temporary effects felt by it could precipitate a system - wide ecological reaction of unpredictable scope or dimension; or

(3) The land has scenic, historic, archaeologic, topographic, geologic, ethnologic, scientific, cultural, or recreational significance.

Source: SL 1989, ch 381, § 2.
S.D. Codified Laws § 45-6B-46 — SD Code / Title 45 / Chapter 6B / Section 45-6B-46
Time for completion of reclamation--Plantings not required under certain conditions
Status: in_force

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

(1) No planting of any kind may be required to be made on any affected land being used or proposed to be used by the operator for the deposit or disposal of refuse until after the cessation of operations productive of such refuse, or on any affected land proposed for future mining under the existing permit, or within depressed haulage roads or final cuts while such roads or final cuts are being used or made, or where permanent pools or lakes have been formed;

(2) No planting of any kind may be required on any affected land so long as the chemical and physical characteristics of the surface and immediately underlying material of such affected land are toxic, deficient in plant nutrients, or composed of sand, gravel, shale, or stone to such an extent as to seriously inhibit plant growth and such condition cannot feasibly be remedied by chemical treatment, fertilization, replacement of overburden, or like measures.

Source: SL 1982, ch 305, § 46; SL 1987, ch 321, § 3.
S.D. Codified Laws § 45-9-52 — SD Code / Title 45 / Chapter 9 / Section 45-9-52
Agreement for cooperative development or operation of field or pool--Approval by board--Failure to submit for approval not evidence of antitrust law violation
Status: in_force

An agreement for the unit or cooperative development or operation of a field, pool, or part of the field or pool, may be submitted to the Board of Minerals and Environment for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. The approval constitutes a complete defense to any suit charging violation of any statute of the state relating to trusts and monopolies on account of the agreement or on account of operations conducted pursuant to the agreement. The failure to submit such an agreement to the board for approval does not for that reason imply or constitute evidence that the agreement or operations conducted pursuant to the agreement are in violation of laws relating to trusts and monopolies.

Source: SDC Supp 1960, § 42.0711 as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 247.
S.D. Codified Laws § 45-6D-38 — SD Code / Title 45 / Chapter 6D / Section 45-6D-38
Restoration of drill sites and affected land
Status: in_force

The operator shall restore each drill site and other affected land as nearly as possible to its original condition including backfilling all mudpits, scattering any drill cuttings left on the surface, reseeding the drill site and approach trails, removing shot wire, or other action as may be necessary.

Source: SL 1982, ch 307, § 38; SL 2011, ch 165, § 220.
S.D. Codified Laws § 45-6B-31 — SD Code / Title 45 / Chapter 6B / Section 45-6B-31
Modification of application prior to hearing
Status: in_force

Prior to the date set for the hearing on the application the applicant may, at the request of the Department of Agriculture and Natural Resources, modify the application or correct any errors.

Source: SL 1982, ch 305, § 31; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-9-42 — SD Code / Title 45 / Chapter 9 / Section 45-9-42
Order of board for unit operation of a pool--Revocation when not approved by persons owning required percentage of interest
Status: in_force

If the persons owning the required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective, and shall be revoked by the Board of Minerals and Environment unless for good cause shown the board extends such time.

Source: SDC Supp 1960, § 42.0710 (4) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6B-63 — SD Code / Title 45 / Chapter 6B / Section 45-6B-63
Small-scale operation--Conversion of permit--Grounds for denial
Status: in_force

The Board of Minerals and Environment may not deny the conversion of a permit issued pursuant to § 45-6B-53 for any reason other than those set forth in § 45-6B-32 .

Source: SL 1982, ch 305, § 63.
S.D. Codified Laws § 45-6-67 — SD Code / Title 45 / Chapter 6 / Section 45-6-67
Operating and reclamation standards
Status: in_force

An operator shall comply with the following operating and reclamation standards:

(1) Surface mined areas shall be reclaimed and shaped to control erosion and eliminate hazards to domestic animals and wildlife, to protect public health and safety and the environment and to provide for appropriate future beneficial land use;

(2) All refuse, machinery, equipment, and materials from the pit operation shall be disposed of in a manner so as to create the least amount of unsightliness and unproductive areas and to not pollute surface or groundwater;

(3) 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. For any future land use other than crop land, the revegetation shall be capable of self - regeneration and at least equal in extent of cover to the natural vegetation of the surrounding area;

(4) If it is necessary to remove overburden in order to remove the construction aggregates, topsoil shall be removed from the affected land and segregated from other spoil. If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, vegetative cover or other means shall be employed so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material and is in a usable condition for sustaining vegetation when restored during reclamation;

(5) 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 pit operation and during reclamation shall be minimized. Operations shall be conducted to protect all waters from pollution by siltation, waste, debris and toxic fluids or materials;

(6) 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 weed infestations shall be controlled during all phases of the pit operation and reclamation; and

(7) 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 preservation of 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, the board shall prescribe adequate fencing.

Source: SL 1983, ch 308, § 5.
S.D. Codified Laws § 45-9-5 — SD Code / Title 45 / Chapter 9 / Section 45-9-5
Identification of ownership of facilities for producing oil or gas
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 identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil and gas.

Source: SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3) (i); SDC Supp 1960, § 42.0706 (4) (a) (1) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 224; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6C-25 — SD Code / Title 45 / Chapter 6C / Section 45-6C-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 ten percent of the proposed test holes and reclamation as determined pursuant to § 45-6C-23 .

Source: SL 1982, ch 306, § 25.
S.D. Codified Laws § 45-6B-27 — SD Code / Title 45 / Chapter 6B / Section 45-6B-27
Surety penalty--Increase or reduction
Status: in_force

The penalty of the surety shall from time to time be increased or reduced by the Board of Minerals and Environment so that the bond covers the cost of reclamation which would accrue to the state, if the state were required to reclaim the affected areas within the permit or in accordance with the number of acres to which the bond is no longer operative because of the operator's withdrawal of acreage or by reason of the operator's performance of his or her obligations subsequent to the issuance of the permit.

Source: SL 1982, ch 305, § 27; SL 2011, ch 165, § 201.
S.D. Codified Laws § 45-6D-39 — SD Code / Title 45 / Chapter 6D / Section 45-6D-39
Penetration of aquifer--Notice to board
Status: in_force

The operator shall notify, in writing, the Board of Minerals and Environment of the penetration of an aquifer and the location of the test hole penetrating such aquifer as soon as practically possible, but not more than ninety days after penetration.

Source: SL 1982, ch 307, § 39.
S.D. Codified Laws § 45-6B-71.1 — SD Code / Title 45 / Chapter 6B / Section 45-6B-71.1
Operation without permit near lake or stream as misdemeanor
Status: in_force

Any operator mining within one hundred feet of a lake or stream of this state without a permit issued pursuant to this chapter is guilty of a Class 2 misdemeanor.

Source: SL 1983, ch 309, § 1.
S.D. Codified Laws § 45-5-10 — SD Code / Title 45 / Chapter 5 / Section 45-5-10
Appeal from assessment of damages--Limited to amount of damages--Jury trial
Status: in_force

Such an appeal shall bring before the court only the propriety of the amount of damages and shall be tried by a jury unless a trial by jury be waived as in other civil cases.

Source: SL 1881, ch 97, § 10; CL 1887, § 2025; RPolC 1903, § 2559; RC 1919, § 8753; SDC 1939, § 42.0209.
S.D. Codified Laws § 45-6-68 — SD Code / Title 45 / Chapter 6 / Section 45-6-68
Publication of notice of mine operation--Contents
Status: in_force

The operator shall publish notice of each mine operation once in a newspaper of general circulation in the locality of the operation at least fourteen days before the commencement of mining. The notice shall contain the identity and address of the operator and resident agent, the location of the mining operation, whether the mineral to be mined is sand, gravel, or rock to be crushed and used in construction, the dates of commencement and completion of the operation, the proposed future use of the affected land and the location where additional information about the operation may be obtained.

Source: SL 1983, ch 308, § 6.
S.D. Codified Laws § 45-6C-15 — SD Code / Title 45 / Chapter 6C / Section 45-6C-15
Copies of intent and restrictions--Filing with county commissioners--Publication
Status: in_force

The Department of Agriculture and Natural Resources, upon receipt of a notice of intent to conduct an exploration operation, shall immediately file a copy of such notice with the board of county commissioners of the affected county, along with any restrictions imposed by the Department of Game, Fish and Parks, the state archaeologist, or the department. The department shall also cause a notice of the filing of a notice of intent to conduct an exploration operation to be published in a newspaper of general circulation in the locality of the planned exploration operation within ten days after the notice of intent is filed with the department. Such notice shall contain the identity and address of the operator and resident agent, a brief description of the type of mineral exploration operation to be conducted, the legal description of the land to be explored, the approximate date upon which the operation will commence, and the location where additional information about the proposed exploration operation may be obtained.

Source: SL 1982, ch 306, § 15; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-47 — SD Code / Title 45 / Chapter 6D / Section 45-6D-47
Renewal of permit--Hearing on application--Notice--Time for decision
Status: in_force

Upon receipt of an application for the renewal of an exploration operation permit and all fees due from the operator, the Board of Minerals and Environment shall set a date for the hearing of such application not more than twenty - five days after the date of filing. 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 an application pursuant to § 45-6D-46 , 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 uranium exploration operation once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted in a manner pursuant to chapter 1-26 . A final decision on the application shall be made within sixty days of the receipt of the application.

Source: SL 1982, ch 307, § 47.
S.D. Codified Laws § 45-6B-75 — SD Code / Title 45 / Chapter 6B / Section 45-6B-75
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 soil conservation boards 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 305, § 74; SL 2004, ch 17, § 295; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6D-28 — SD Code / Title 45 / Chapter 6D / Section 45-6D-28
Hearing on application--Notice--Time for decision
Status: in_force

Upon receipt of an application for a permit and all fees due from the operator, the Board of Minerals and Environment shall set a date for the hearing on such application not more than sixty days after the date of filing. Prior to the holding of such hearing, the board shall provide notice to any person previously filing a protest or petition for a hearing or statement in support of an application pursuant to § 45-6D-26 , 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 uranium exploration operation once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted in a manner pursuant to chapter 1-26 . A final decision on the application shall be made within ninety days of the receipt of the application. In the event of serious unforeseen circumstances or significant snow cover on the affected land that prevents on site inspection, the board may reasonably extend the maximum time sixty days.

Source: SL 1982, ch 307, § 28.
S.D. Codified Laws § 45-9-20 — SD Code / Title 45 / Chapter 9 / Section 45-9-20
Spacing units for a pool--Purposes--Establishment by board--Exception
Status: in_force

When necessary to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights, the Board of Minerals and Environment shall establish spacing units for a pool, except in those pools which, prior to July 1, 1961, have been developed to such an extent that it would be impracticable or unreasonable to establish spacing units at the existing state of development.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o); SDC Supp 1960, § 42.0708 (1) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-6B-99 — SD Code / Title 45 / Chapter 6B / Section 45-6B-99
Exclusion of underground mining operations
Status: in_force

Presently operating or new underground mining operations are not subject to the provisions of §§ 45-6B-94 to 45-6B-99 , inclusive.

Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992; SL 2011, ch 165, § 210.
S.D. Codified Laws § 45-9-7 — SD Code / Title 45 / Chapter 9 / Section 45-9-7
Separation of production from wells--Gaseous and liquid hydrocarbons--Measurement
Status: in_force

The Board of Minerals and Environment may require, or may delegate to the secretary, specific authority to require that the production from wells be separated into gaseous and liquid hydrocarbons, and that each be accurately measured by such means and upon such standards as may be prescribed by the board in rules promulgated pursuant to chapter 1-26 .

Source: SDC Supp 1960, § 42.0706 (4) (a) (6) as enacted by SL 1961, ch 211, § 1; SL 1993, ch 256, § 45.
S.D. Codified Laws § 45-6C-32 — SD Code / Title 45 / Chapter 6C / Section 45-6C-32
Roads and trails
Status: in_force

The operator shall construct all roads and trails developed for the 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 306, § 32.
S.D. Codified Laws § 45-9-8 — SD Code / Title 45 / Chapter 9 / Section 45-9-8
Classification of wells
Status: in_force

Without limiting its general authority, the Board of Minerals and Environment may classify, or may delegate to the secretary of agriculture and natural resources, specific authority to classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter.

Source: SDC Supp 1960, § 42.0706 (4) (d) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 226; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 45-6B-66 — SD Code / Title 45 / Chapter 6B / Section 45-6B-66
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 § 45-6B-49 . 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 or forfeit the bond penalty.

Source: SL 1982, ch 305, § 65.
S.D. Codified Laws § 45-9-34 — SD Code / Title 45 / Chapter 9 / Section 45-9-34
Spacing unit covered by pooling order--Definition of terms--Operations incident to the drilling of a well--Portion of production allocated to each tract
Status: in_force

Operations incident to the drilling of a well upon any portion of a spacing unit covered by a pooling order shall be deemed, for all purposes, the conduct of such operations upon each separately owned tract in the drilling unit by the several owners thereof. That portion of the production allocated to each tract included in a spacing unit covered by a pooling order shall, when produced, be deemed for all purposes to have been produced from such tract by a well drilled thereon.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (5); SDC Supp 1960, § 42.0709 (2) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-9-25 — SD Code / Title 45 / Chapter 9 / Section 45-9-25
Hearing to establish spacing units--Establishment of temporary spacing units by board pending determination of ultimate spacing period
Status: in_force

If, at the time of a hearing to establish spacing units there is not sufficient evidence from which to determine the area that can be efficiently and economically drained by one well, the Board of Minerals and Environment may make an order establishing temporary spacing units for the orderly development of the pool pending the obtaining of the information required to determine what the ultimate spacing should be.

Source: SDC Supp 1960, § 42.0708 (2) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-5-7 — SD Code / Title 45 / Chapter 5 / Section 45-5-7
Report of commissioners may be set aside
Status: in_force

For good cause the judge may set aside the report of such commissioners and appoint three other commissioners whose duties shall be the same as provided in § 45-5-5 .

Source: SL 1881, ch 97, § 7; CL 1887, § 2022; RPolC 1903, § 2556; RC 1919, § 8750; SDC 1939, § 42.0206.
S.D. Codified Laws § 45-6C-39 — SD Code / Title 45 / Chapter 6C / Section 45-6C-39
Violation--Suspension of operations
Status: in_force

Upon a determination, after hearing, that a violation of this chapter has occurred, the Board of Minerals and Environment may order the operator to suspend all exploration operations within the state. If the board issues such order, the operator may continue the exploration operation only for the purpose of bringing the exploration operation into satisfactory compliance with the provisions of this chapter. Once such operations are completed to the satisfaction of the board, the board shall revoke its order suspending the exploration operations of the operator.

Source: SL 1982, ch 306, § 39.
S.D. Codified Laws § 45-6C-33 — SD Code / Title 45 / Chapter 6C / Section 45-6C-33
Restoration of drill sites and affected land
Status: in_force

The operator shall restore each drill site and other affected land as nearly as possible to its original condition including backfilling all mudpits, scattering any drill cuttings left on the surface, reseeding the drill site and approach trails, removing shot wire, or other action as may be necessary.

Source: SL 1982, ch 306, § 33; SL 2011, ch 165, § 213.
S.D. Codified Laws § 45-6D-34 — SD Code / Title 45 / Chapter 6D / Section 45-6D-34
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 a permit issued under 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 307, § 34.
S.D. Codified Laws § 45-9-74 — SD Code / Title 45 / Chapter 9 / Section 45-9-74
Hearing on application for order under chapter--Notice--Contested case hearing--Procedure
Status: in_force

The Board of Minerals and Environment shall provide an opportunity for public hearing, through public notice, on any application made for an order under this chapter. The notice shall comply with the provisions of chapter 1-26 and indicate, unless a person files a petition requesting a hearing by the deadline established in the notice, no hearing need be held. If held, the hearing shall be conducted in accordance with chapter 1-26 . Any person who files a petition requesting a contested case hearing by the deadline established by the board shall be entitled to be heard during the hearing. The board shall enter its order within thirty days after the hearing. If no hearing is held, the applicant shall submit a proposed order to the secretary for review and approval.

Source: SL 2012, ch 212, § 7.
S.D. Codified Laws § 45-9-73 — SD Code / Title 45 / Chapter 9 / Section 45-9-73
Procedure 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 , may 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 the secretary's recommendation.

Source: SL 1991, ch 288, § 13; SL 1996, ch 262, § 7.
S.D. Codified Laws § 45-6B-8 — SD Code / Title 45 / Chapter 6B / Section 45-6B-8
Previously mined land--Reclamation not required for surface mining
Status: in_force

Any new or existing surface mining operation being conducted on previously mined land with existing unreclaimed land disturbance may not be required to reclaim such existing unreclaimed land disturbance which was incurred prior to July 1, 1971. The Board of Minerals and Environment may not require reclamation of such land as a condition of any permit. The applicant shall identify existing land which is in this category.

Source: SL 1982, ch 305, § 8.
S.D. Codified Laws § 45-9-53 — SD Code / Title 45 / Chapter 9 / Section 45-9-53
Lands to which chapter applies
Status: in_force

This chapter shall apply to all lands located in the state, however owned, including any lands owned or administered by any government or any agency or political subdivision thereof, excepting only such land as shall be specifically exempted by federal statute.

Source: SDC Supp 1960, § 42.0706 (1) as enacted by SL 1961, ch 211, § 1.
S.D. Codified Laws § 45-5A-10 — SD Code / Title 45 / Chapter 5A / Section 45-5A-10
Other remedies not precluded
Status: in_force

Any remedy provided by this chapter does not preclude any person from seeking other remedies allowed by law.

Source: SL 1982, ch 304, § 10.
S.D. Codified Laws § 45-6D-61 — SD Code / Title 45 / Chapter 6D / Section 45-6D-61
Operation without permit--Civil penalty
Status: in_force

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

Source: SL 1982, ch 307, § 61.