reglab/housing_qa huggingface dataset:
SD Codified L § 45-6B-33.7 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-33.7 - Appeal of determination--Hearing--Notice.

45-6B-33.7. Appeal of determination--Hearing--Notice.The applicant may appeal a determination under §45-6B-33.6 to the board by filing a petition for a contested case hearing pursuant to board rules promulgated pursuant to chapter 1-26 within seven days of receipt of the determination. The hearing on the appeal shall be confined to the determination of the land as special, exceptional, critical, or unique and whether an environmental impact statement and socioeconomic impact study will be required. Issues concerning the reclamation requirements to be imposed upon such lands may not be heard at the hearing. Notice of an appeal and the hearing date shall be published pursuant to the publication requirements of §45-6B-30, and interested persons may intervene by filing a petition to intervene pursuant to the provisions of the board rules at least three days before the hearing date. Source: SL 1989, ch 381, §7; SL 1993, ch 256, §40.
SD Codified L § 45-6B-33.8 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-33.8 - Underground mining allowed beneath special, exceptional, critical, or unique land.

45-6B-33.8. Underground mining allowed beneath special, exceptional, critical, or unique land.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.
SD Codified L § 45-6B-34 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-34 - Notice to county commissioners of approval or denial of permit or amendment.

45-6B-34. Notice to county commissioners of approval or denial of permit or amendment.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.
SD Codified L § 45-6B-35 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-35 - Mining operations--Applicable law.

45-6B-35. Mining operations--Applicable law.Every operator to whom a permit is issued pursuant to the provisions of this chapter may engage in the mining operation upon the affected lands described in the permit, upon the performance of and subject to §§45-6B-36 to 45-6B-46, inclusive, with respect to such lands. Source: SL 1982, ch 305, §35.
SD Codified L § 45-6B-36 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-36 - Annual filing of map and fee.

45-6B-36. Annual filing of map and fee.Within sixty days prior to the anniversary date of the permit each year, the operator shall submit a map on the scale provided for by subdivision 45-6B-10(3) showing the reclamation accomplished and any deviations from the originally approved operating and reclamation plans. Except for operators which are units of state or local government, the operator shall submit, in addition to the map, an annual fee of one hundred dollars or an annual fee of fifty thousand dollars if the operation is a large scale precious metal, coal, or uranium mine that was permitted after January 1, 2009. The annual fee for any large scale coal or uranium mine permit shall be reduced by any tax paid in accordance with chapter 10-39B during the year preceding the date the annual fee is due. Source: SL 1982, ch 305, §36; SL 2009, ch 13, §5.
SD Codified L § 45-6B-37 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-37 - Grading.

45-6B-37. Grading.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.
SD Codified L § 45-6B-38 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-38 - Disposal of refuse.

45-6B-38. Disposal of refuse.All refuse from the mining operation shall be disposed of in a manner so as to create the least amount of unsightliness and unproductive areas, and will not pollute surface or groundwater. Source: SL 1982, ch 305, §38.
SD Codified L § 45-6B-39 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-39 - Revegetation.

45-6B-39. Revegetation.In those areas where revegetation is part of the reclamation plan, land shall be revegetated in such a way as agreed upon by the operator, the local conservation district and the landowner which establishes a diverse, effective, and long-lasting vegetative cover that is capable of self-regeneration and at least equal in extent of cover to the natural vegetation of the surrounding area. Source: SL 1982, ch 305, §39.
SD Codified L § 45-6B-40 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-40 - Removal and handling of topsoil.

45-6B-40. Removal and handling of topsoil.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.
SD Codified L § 45-6B-41 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-41 - Disturbance to hydrologic balance.

45-6B-41. Disturbance to hydrologic balance.Any disturbance to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems both during and after the mining operation and during reclamation shall be minimized. Source: SL 1982, ch 305, §41.
SD Codified L § 45-6B-42 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-42 - Slides, subsidence, or damage protection--Fencing.

45-6B-42. Slides, subsidence, or damage protection--Fencing.Any area outside of the affected land shall be protected from slides, subsidence, or damage occurring during the mining operation and reclamation. All high walls shall be reduced to a slope not greater than the angle of repose upon abandonment of the mining operation, unless such a reduction would create conditions more detrimental than preserving the high wall. Prior to slope reduction, the operator shall take precautions to limit access to the high wall area and to warn the public of the high wall. Such precautions shall include fencing and posting of warning signs. If high wall reduction is deemed impossible, impractical, or aesthetically undesirable by the Board of Minerals and Environment, the board shall prescribe adequate fencing. Source: SL 1982, ch 305, §42.
SD Codified L § 45-6B-43 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-43 - Surface areas protected--Spoil piles--Weeds.

45-6B-43. Surface areas protected--Spoil piles--Weeds.All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion and attendant air and water pollution. Noxious weeds infestations shall be controlled during all phases of the mining operation and reclamation. Source: SL 1982, ch 305, §43.
SD Codified L § 45-6B-44 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-44 - Proposed reclamation plan--Copy to adjacent landowner--Approval of plan--Consultation with landowner and local authorities--Reclamation of all affected land.

45-6B-44. Proposed reclamation plan--Copy to adjacent landowner--Approval of plan--Consultation with landowner and local authorities--Reclamation of all affected land.A proposed reclamation plan filed pursuant to §45-6B-5 or any substantial amendment to an existing reclamation shall be developed by the operator, the department, and the landowner. This plan shall determine which parts of the affected land shall be reclaimed for forest, range, crop, horticultural, homesite, recreational, industrial, or other uses, including food, shelter, and ground cover for wildlife. Industrial or other uses may not be construed to include future mineral exploration or development unless the Board of Minerals and Environment, operator, landowner, and local board of county commissioners agree that reclamation for future mineral exploration and development will result in a beneficial use of the affected land. If possible, adjacent landowners shall be consulted during development of the reclamation plan. The operator, upon written request of an adjacent landowner, shall provide each a copy of the proposed reclamation plan or substantial amendment to a reclamation plan pursuant to §45-6B-5 or 45-6B-18. The board, after hearing recommendations made jointly or severally, shall approve, disapprove, or approve with reasonable modifications any proposed reclamation plan or proposed amendment to a reclamation plan prior to the granting of a mining permit or an amendment to a permit. Prior to approving any new reclamation plan or approving a substantial change in any existing reclamation plan as provided in §45-6B-18, the board shall confer with the landowner, if possible, the local board of county commissioners, the board of supervisors of the local conservation district if the mining operation is within the boundaries of a conservation district and the Department of Game, Fish and Parks. Reclamation is required on all the affected land. Source: SL 1982, ch 305, §44; SL 1987, ch 321, §1.
SD Codified L § 45-6B-45 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-45 - Choices of reclamation--Requirements for operator.

45-6B-45. Choices of reclamation--Requirements for operator.Depending on the reclamation plan approved by the board, the operator shall meet the following requirements:(1)If the choice of reclamation is forest planting, the operator may, with the approval of the Board of Minerals and Environment, select the type of trees to be planted. Planting methods and care of stock shall be governed by good planting practices. If the operator is unable to acquire sufficient planting stock of desired tree species from the state or elsewhere at a reasonable cost, the operator may defer planting until planting stock is available to plant such land as originally planned, or the operator may select an alternative method of reclamation;(2)If the choice of reclamation is rangeland restoration, the affected land shall be restored to the satisfaction of the board to slopes commensurate with the proposed land use and shall not be too steep to be traversed by livestock. The legume seed shall be properly inoculated in all cases. The area may be seeded either by hand, or power or by the aerial method. The species of grasses and legumes and the rates of seeding to be used per acre shall be determined primarily by recommendations from the state agricultural experiment stations, and experienced reclamation personnel of the operator, after considering other research or successful experience with range seeding. No grazing may be permitted on reclaimed land until the planting is firmly established. The board, in consultation with the landowner and the local conservation district, if any, shall determine when grazing may start;(3)If the choice of reclamation is for agricultural or horticultural crops which normally require the use of farm equipment, the operator shall grade so that the area can be traversed with farm machinery. Preparation for seeding or planting, fertilization and seeding, or planting rates shall be governed by general agricultural and horticultural practices, except where research or experience in such operations differs with these practices;(4)If the choice of reclamation is for the development of the affected land for homesite, recreational, industrial, or other uses, including food, shelter, and ground cover for wildlife, the requirements necessary for such reclamation shall be agreed upon by the operator, landowner, and the board. The term, industrial or other uses, may not be construed to include future mineral exploration or development unless the board, operator, landowner, and local board of county commissioners agree that reclamation for future mineral exploration or development will result in a beneficial future use of the affected land.The board may require reasonable modifications in the requirements necessary for reclamation before approving a reclamation plan under this chapter. Source: SL 1982, ch 305, §45; SL 1987, ch 321, §2; SL 2011, ch 165, §204.
SD Codified L § 45-6B-46 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-46 - Time for completion of reclamation--Plantings not required under certain conditions.

45-6B-46. Time for completion of reclamation--Plantings not required under certain conditions.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.
SD Codified L § 45-6B-47 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-47 - Transfer of permit--Application--Release of first operator and surety as to reclamation--Transfer fee.

45-6B-47. Transfer of permit--Application--Release of first operator and surety as to reclamation--Transfer fee.Any mining operation permit may be transferred. If one operator succeeds another at any uncompleted operation, the successor operator shall make application for a transfer to the Board of Minerals and Environment. The board may not deny a transfer unless the operation is not in compliance or cannot be brought into compliance, with all applicable local, state, and federal laws pertaining to the operation before the transfer, or unless the successor operator is in violation of state statutes, rules, mining permit conditions, or requirements with respect to any mining operation in the state. The board shall release the first operator from all liability as to that particular reclamation operation and shall release the first operator's surety as to the operation if the successor operator assumes, as part of the successor operator's obligation under this chapter, all liability for the reclamation of the affected land, and the obligation is covered by an appropriate surety as to the affected land. Notice of a transfer shall be given to the board and accompanied by a one hundred dollar transfer fee. Source: SL 1982, ch 305, §47; SL 1988, ch 360, §2; SL 2011, ch 165, §205.
SD Codified L § 45-6B-48 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-48 - Violation--Notice to operator.

45-6B-48. Violation--Notice to operator.If the secretary of agriculture and natural resources has reason to believe that a violation of an order, permit, notice of intent, or rule issued under the authority of this chapter has occurred, written notice shall be given to the operator of the alleged violation. The notice shall be served personally or by registered mail upon the alleged violator or the alleged violator's agent for service of process. The notice shall state the provision alleged to be violated and the facts alleged to constitute the violation and shall recommend possible corrective action. Source: SL 1982, ch 305, §48; SL 1991, ch 17 (Ex. Ord. 91-4), §21; SL 1993, ch 256, §41; SL 2011, ch 165, §206; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6B-49 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-49 - Violation--Cease and desist order.

45-6B-49. Violation--Cease and desist order.If the secretary of agriculture and natural resources determines that any violation of any provisions of this chapter or of any notice, permit, or rule issued or promulgated under authority of this chapter exists, the board, not less than forty-eight hours after service of the notice required by §45-6B-48, may issue a cease and desist order. The order shall set forth the provisions alleged to be violated, the facts alleged to constitute the violation, and the time by which the acts or practices complained of shall be terminated and shall recommend possible corrective action. The order shall be served personally or by registered mail upon the alleged violator or his agent for service of process. Source: SL 1982, ch 305, §49; SL 1991, ch 17 (Ex. Ord. 91-4), §21; SL 1993, ch 256, §42; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6B-50 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-50 - Violation--Hearing.

45-6B-50. Violation--Hearing.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.
SD Codified L § 45-6B-51 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-51 - Violation--Modification, suspension, or revocation of permit.

45-6B-51. Violation--Modification, suspension, or revocation of permit.Upon a determination, after hearing, that a violation of a permit provision has occurred, the Board of Minerals and Environment may modify, suspend, or revoke the pertinent permit. If the board suspends or revokes the permit of an operator, the operator may continue mining operations only for the purpose of bringing the mining operation into satisfactory compliance with the provisions of the operator's permit. Once such operations are completed to the satisfaction of the board, the board shall reinstate the permit of the operator. Source: SL 1982, ch 305, §51.
SD Codified L § 45-6B-52 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-52 - Violation--Action for temporary restraining order or injunction.

45-6B-52. Violation--Action for temporary restraining order or injunction.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.
SD Codified L § 45-6B-53 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-53 - Small-scale operation--Special permit laws applicable.

45-6B-53. Small-scale operation--Special permit laws applicable.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.