reglab/housing_qa huggingface dataset:
SD Codified L § 45-6-71 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-71 - Security required--Amount--Conditions--Alternatives.

45-6-71. Security required--Amount--Conditions--Alternatives.Prior to the commencement of mining, an operator shall submit to the Board of Minerals and Environment a surety in the amount of five hundred dollars per acre of affected land. In lieu of filing a surety for each operation, the operator may post a twenty thousand dollar surety for statewide mining of sand, gravel, or rock to be crushed and used in construction. If a corporate surety bond is required, the bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21. In lieu of the required surety, the operator may deposit cash or a certificate of deposit made payable to the individual and to the board or government securities with the board in an amount equal to that of the required surety. The surety shall remain in effect until the affected land has been reclaimed, the reclamation is approved by the board and the surety is released by the board. Source: SL 1983, ch 308, §9.
SD Codified L § 45-6-72 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-72 - Annual fee and report.

45-6-72. Annual fee and report.Together with the annual license fee, the operator shall submit the following information for each location mined during the previous year: the tonnage of material removed, a map showing the areas mined, the areas reclaimed, and the acreage of each. Source: SL 1983, ch 308, §10; SL 2011, ch 165, §196.
SD Codified L § 45-6-73 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-73 - Operation without license as misdemeanor.

45-6-73. Operation without license as misdemeanor.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.
SD Codified L § 45-6-74 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-74 - Revocation of license.

45-6-74. Revocation of license.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.
SD Codified L § 45-6-75 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-75 - Appeal to board from revocation or denial of license.

45-6-75. Appeal to board from revocation or denial of license.An operator may appeal a decision of the secretary of agriculture and natural resources to deny or rescind a mining license to the Board of Minerals and Environment. After providing the operator the opportunity for hearing, the board shall either confirm the secretary's decision or reinstate the license. Source: SL 1983, ch 308, §13; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6-76 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-76 - Refusing entry for inspection as violation of license--Obstructing inspection prohibited--Report of inspector to operator.

45-6-76. Refusing entry for inspection as violation of license--Obstructing inspection prohibited--Report of inspector to operator.It is a violation of the terms and conditions of an operator's license to refuse entry or access to any authorized representative of the Board of Minerals and Environment who, after presenting appropriate credentials, requests entry for the purpose of inspection under §§45-6-64 to 45-6-77, inclusive. No operator may obstruct, hamper, or interfere with any such investigation. The operator of the mining site may request and shall receive a report within ten days after the inspection setting forth the observations made by the person making the inspection which relate to compliance with §§45-6-64 to 45-6-77, inclusive. Source: SL 1983, ch 308, §14; SL 2011, ch 165, §198.
SD Codified L § 45-6-77 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-77 - Exemption of extraction for personal use.

45-6-77. Exemption of extraction for personal use.The provisions of §§45-6-64 to 45-6-76, inclusive, do not apply to extraction of sand, gravel, or rock to be crushed and used in construction by an individual for personal use. Source: SL 1983, ch 308, §17.
SD Codified L § 45-6-78 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-78 - Temporary cessation of license to mine--Requirements--Exemption during cessation--Reinstatement.

45-6-78. Temporary cessation of license to mine--Requirements--Exemption during cessation--Reinstatement.Any mining operator may request from the department a temporary cessation of the license to mine for a period of no more than three years. A temporary cessation may be requested if no mining has occurred within the past one hundred days. A mining license is not in a state of temporary cessation if one of the following occurs:(1)The mining under the license resumes within one year;(2)Mining has been completed and only final reclamation and related activities remain to be completed; or(3)A mining license has been issued, but the mining operation has not begun.The provisions of §45-6-72 do not apply to the license during the period of a temporary cessation. All provisions of §§45-6-78 and 45-6-79 shall be met before a request may be granted by the department. The department shall grant a temporary cessation within ten days after a proper request is received. A license to mine shall be reinstated if the operator requests reinstatement and the one hundred dollar annual fee is submitted to the department. Source: SL 1992, ch 254, §87; SL 1993, ch 34, §7.
SD Codified L § 45-6-79 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-79 - Filing request for temporary cessation--Contents.

45-6-79. Filing request for temporary cessation--Contents.Any operator who desires to cease mining temporarily shall file a request for temporary cessation with the department. The request shall contain the following information:(1)The operator's name and license number;(2)The date of cessation of mining at each licensed site;(3)Reasons for the cessation of mining activities; and(4)A statement concerning the existing condition of the affected land and reclamation activities that have already been completed for each licensed site. Source: SL 1992, ch 254, §88.
SD Codified L § 45-6B-1 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-1 - Citation of chapter.

45-6B-1. Citation of chapter.This chapter may be cited as the "South Dakota Mined Land Reclamation Act." Source: SL 1982, ch 305, §1.
SD Codified L § 45-6B-2 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-2 - Legislative findings and policy.

45-6B-2. Legislative findings and policy.The relatively unknown and as yet largely undeveloped mineral resources of this state consist in major proportion of minerals below the surface. The development and extraction of these minerals by means of entry through the surface and the processing of such ores are necessary for the economic development of the state and nation. Every effort should be used to promote and encourage the development of mining as an industry, but to prevent the waste and spoilage of the land and the improper disposal of tailings which would deny its future use and productivity. Proper safeguards must be provided by the state to ensure that the health and safety of the people are not endangered and that upon depletion of the mineral resources and after disposal of tailings the affected land is usable and productive to the extent possible for agricultural or recreational pursuits or future resource development; that water and other natural resources are not endangered; and that aesthetics and a tax base are maintained, all for the health, safety and general welfare of the people of the state. The Legislature finds that an increase in the level of activity in the large-scale gold and silver mining industry in the Black Hills may cause or have the potential to cause impacts of unknown scope to competing land uses, the environment and other natural resources. The Legislature further finds that, due to the unknown consequences of such an increase in activity, additional information on the cumulative impacts of mining is needed for making decisions on future permits or amended permits for large-scale gold or silver mining operations and is necessary prior to the time the board takes any action on such permits for acres in excess of the limits established by §45-6B-83. Source: SL 1982, ch 305, §2; SL 1989, ch 306, §49A.
SD Codified L § 45-6B-4 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-4 - Local government permit--Additional bond or surety not authorized--Conditional mining permit.

45-6B-4. Local government permit--Additional bond or surety not authorized--Conditional mining permit.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.
SD Codified L § 45-6B-5 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-5 - Application for permit for mining operation.

45-6B-5. Application for permit for mining operation.Any person desiring to engage in a mining operation shall make written application to the Board of Minerals and Environment for a permit for each mining operation on forms furnished by the board. The permit, if approved, authorizes the operator to engage in the mining operation on the affected lands described in the application for the life of the mine. The application shall consist of:(1)One copy of the application pursuant to §45-6B-6;(2)A reclamation plan pursuant to §45-6B-7 submitted with the application;(3)An accurate map of the affected lands pursuant to §45-6B-10 submitted with the application;(4)The application fee pursuant to §45-6B-14; and(5)A post-closure plan for mine waste disposal facilities. Source: SL 1982, ch 305, §5; SL 1989, ch 306, §52A; SL 2011, ch 165, §199.
SD Codified L § 45-6B-6 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-6 - Application for permit--Contents.

45-6B-6. Application for permit--Contents. The application form shall contain the following information:(1)The legal description and area of affected land;(2)The owner of the surface of the area of the affected land;(3)The owner of the substance to be mined;(4)The source of the applicant's legal right to enter and initiate a mining operation on the affected land;(5)The source of the applicant's legal right to dispose of tailings on the described affected land, if applicable;(6)The address and telephone number of the general office and the local address and telephone number of the applicant;(7)The mineral or minerals to be extracted or milled, or both;(8)A description of the method of mining or milling to be employed which shall include, if applicable:(a)A contour basis for the mining operation;(b)The depth to which and the direction in which the mining operations are proposed to be conducted;(c)The proposed disposition of mine spoil and tailings; and(d)The method of blasting and control thereof;(9)The size of the area to be worked at any one time;(10)The timetable estimating the proposed duration of the mining operation; and(11)The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant access to the Board of Minerals and Environment or its agents to the area under application from the date of the application and during the life of the permit as is necessary to assure compliance with the provisions of this chapter or any rule, order or decision promulgated hereunder. Source: SL 1982, ch 305, §6; SL 2021, ch 191, § 2.
SD Codified L § 45-6B-8 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-8 - Previously mined land--Reclamation not required for surface mining.

45-6B-8. Previously mined land--Reclamation not required for surface mining.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.
SD Codified L § 45-6B-9 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-9 - Previously mined land--Reclamation not required for underground mining.

45-6B-9. Previously mined land--Reclamation not required for underground mining.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.
SD Codified L § 45-6B-10 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-10 - Map of affected area.

45-6B-10. Map of affected area.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.
SD Codified L § 45-6B-11 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-11 - Approval of reclamation plan by Department of Education and Department of Game, Fish and Parks.

45-6B-11. Approval of reclamation plan by Department of Education and Department of Game, Fish and Parks.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.
SD Codified L § 45-6B-12 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-12 - Consultation with surface owner--Instrument of consultation.

45-6B-12. Consultation with surface owner--Instrument of consultation.Before conducting a mining operation in the permit area, the applicant shall submit to the Board of Minerals and Environment an instrument of consultation from the surface landowner of the permit area, if different from the owner of the mineral interest. The instrument of consultation shall grant the operator permission to enter and commence the operations and shall contain written receipt of the operating and reclamation plans. Source: SL 1982, ch 305, §12.
SD Codified L § 45-6B-13 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-13 - Instrument of consultation not obtained--Hearing and order.

45-6B-13. Instrument of consultation not obtained--Hearing and order.If the instrument of consultation required by §45-6B-12 cannot be obtained, the operator may request a hearing before the Board of Minerals and Environment. The board shall issue an order in lieu of the instrument of consultation if it finds:(1)That the operating and reclamation plans have been submitted to the surface landowner as provided in §45-6B-12;(2)That the operating and reclamation plans detail the full proposed surface use, including proposed routes of ingress and egress; and(3)The planned reclamation will restore the surface land to future use, in segments if circumstances permit, as soon as feasibly possible. Source: SL 1982, ch 305, §13.
SD Codified L § 45-6B-14 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-14 - Fee for application.

45-6B-14. Fee for application.The application fee of one thousand dollars shall accompany the application. However, the application fee shall be fifty thousand dollars for a new large scale precious metal, coal, or uranium mine permit. The application fee for an amendment to an existing large scale precious metal, coal, or uranium mine permit shall be five thousand dollars. Source: SL 1982, ch 305, §14; SL 2009, ch 13, §4; SL 2012, ch 211, §1.
SD Codified L § 45-6B-15 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-15 - Copy of application filed with department and register of deeds--Public inspection.

45-6B-15. Copy of application filed with department and register of deeds--Public inspection.Upon the filing of an application for a mining permit with the Board of Minerals and Environment, the applicant shall place a copy of such application for public inspection at the office of the Department of Agriculture and Natural Resources and at the office of the register of deeds of the county in which the affected land is located. The copy of the application placed at the office of the register of deeds need not be recorded, except at the request of the applicant. Such copy shall be retained there until the application has been approved or denied by the board, and such application shall be available for public inspection. At the end of such period, the copy may be reclaimed or destroyed by the applicant unless it is recorded. Confidential information exempted by §45-6B-19 shall be deleted by the applicant from all copies available for public inspection. Source: SL 1982, ch 305, §15; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6B-16 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-16 - Notice of application--Publication.

45-6B-16. Notice of application--Publication.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.
SD Codified L § 45-6B-17 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-17 - Notice of application--Mailing to owners and lessees of surface rights.

45-6B-17. Notice of application--Mailing to owners and lessees of surface rights.In addition to the notice requirement of §45-6B-16, the applicant shall mail a copy of such notice immediately after first publication to all owners and lessees of the surface rights of the affected land if other than the mineral owner. Proof of such notice and mailing, such as certified mail with return receipt requested where possible, shall be provided the Board of Minerals and Environment and become part of the application. Source: SL 1982, ch 305, §17.