reglab/housing_qa huggingface dataset:
SD Codified L § 45-6B-18 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-18 - Amendment of permit and modifications of operating or reclamation plans--Application fees.

45-6B-18. Amendment of permit and modifications of operating or reclamation plans--Application fees.At the request of the operator, the Board of Minerals and Environment may issue an amendment to the original permit covering additional contiguous land or making minor modifications of the terms and conditions of the operating or reclamation plans. An application to amend a large scale permit shall include the application fee provided by §45-6B-14. An application to amend a small scale permit shall include the application fee provided by §45-6B-55. Source: SL 1982, ch 305, §18; SL 1988, ch 360, §1.
SD Codified L § 45-6B-19 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-19 - Confidential information in application protected--Violation as misdemeanor.

45-6B-19. Confidential information in application protected--Violation as misdemeanor.Information provided to the state agencies in an application for a mining permit relating to the geologic data, size, extent, and economic value of a mineral deposit and information that may affect the competitive position of the applicant and marked confidential by the applicant shall be protected as confidential information by state agencies and not be a matter of public record in the absence of a written release from the operator. A person who knowingly violates the provisions of this section is guilty of a Class 2 misdemeanor. Source: SL 1982, ch 305, §19.
SD Codified L § 45-6B-20 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-20 - Inspection of site prior to issuance of permit--Surety for reclamation costs required.

45-6B-20. Inspection of site prior to issuance of permit--Surety for reclamation costs required.Prior to the issuance of a mining permit the Board of Minerals and Environment shall cause an inspection to be made of the proposed mine site. Based upon this inspection, the criteria established in §45-6B-21, and the submitted reclamation plan, the board shall set the level of the surety necessary to guarantee the costs of reclamation of affected public and private lands. The surety shall be filed or deposited with the board before the issuance of the mining permit in such form as required by the board. Source: SL 1982, ch 305, §20.
SD Codified L § 45-6B-20.1 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-20.1 - Board may require additional proof of financial assurance from certain operators--Content and amount--Factors for consideration.

45-6B-20.1. Board may require additional proof of financial assurance from certain operators--Content and amount--Factors for consideration.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.
SD Codified L § 45-6B-20.2 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-20.2 - Time for filing under 45-6B-20.1.

45-6B-20.2. Time for filing under 45-6B-20.1.The operator of any existing mining operation that employs cyanide leaching or any other chemical or biological leaching process to extract minerals from ore shall, if required by the board, file or deposit the proof of financial assurance with the board pursuant to §45-6B-20.1 within one hundred twenty days of the order of the board. Source: SL 1989, ch 306, §51.
SD Codified L § 45-6B-21 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-21 - Criteria for determining amount and duration of surety.

45-6B-21. Criteria for determining amount and duration of surety.In determining the amount and duration of the surety to be required, the Board of Minerals and Environment shall consider factual information as to the magnitude, type, and costs of reclamation activities planned for the affected land and the nature, extent, and duration of the mining operation. The board shall also consider any surety or cash bond for the proposed mining operation required by an agency of the federal government which surety is required for reclamation purposes. The amount of the surety shall be based on the cost of reclaiming only that portion of the affected lands to be disturbed and the extent of such disturbance at any one time during the various stages of the mining operation. Source: SL 1982, ch 305, §21.
SD Codified L § 45-6B-22 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-22 - Surety bond--Surety other than bond--Considerations by board.

45-6B-22. Surety bond--Surety other than bond--Considerations by board.In determining whether the surety of an operator shall be guaranteed by a corporate surety bond and in determining the form of surety to be provided by the operator if other than a bond, the Board of Minerals and Environment shall consider, with respect to the operator, such factors as the operator's financial status, assets within the state, past performance on contractual agreements, and facilities available to carry out the planned work. The operator shall supply evidence of financial responsibility for all surety other than a bond. Source: SL 1982, ch 305, §22; SL 2011, ch 165, §200.
SD Codified L § 45-6B-23 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-23 - Cash or securities in lieu of surety.

45-6B-23. Cash or securities in lieu of surety.In lieu of the required surety, the operator may deposit cash or government securities with the Board of Minerals and Environment in an amount equal to that of the required surety on the conditions prescribed in §45-6B-24. Source: SL 1982, ch 305, §23; SL 1987, ch 323, §1.
SD Codified L § 45-6B-24 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-24 - Surety payable to state--Conditions required.

45-6B-24. Surety payable to state--Conditions required.The surety required by §45-6B-20 shall be payable to the State of South Dakota and conditioned upon the operator's faithful performance of all requirements of this chapter and compliance with the terms of the operating and reclamation plans approved by the Board of Minerals and Environment. If a corporate surety bond is required, such bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21. Such surety shall remain in effect until the affected land has been reclaimed, the reclamation is approved by the board and is released by the board. Source: SL 1982, ch 305, §24.
SD Codified L § 45-6B-25 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-25 - Surety liability continues until released.

45-6B-25. Surety liability continues until released.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.
SD Codified L § 45-6B-26 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-26 - Surety penalty--Amount.

45-6B-26. Surety penalty--Amount.The penalty of the required surety shall be in an amount sufficient to cover the cost of reclamation as determined pursuant to §45-6B-21. Source: SL 1982, ch 305, §26.
SD Codified L § 45-6B-27 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-27 - Surety penalty--Increase or reduction.

45-6B-27. Surety penalty--Increase or reduction.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.
SD Codified L § 45-6B-28 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-28 - Objections--Statements in support of application--Notice and hearing.

45-6B-28. Objections--Statements in support of application--Notice and hearing.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.
SD Codified L § 45-6B-29 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-29 - County request for hearing on application.

45-6B-29. County request for hearing on application.The board of county commissioners of a county containing affected land may request that a hearing on the application for a mining permit be held in that county. Such request shall be filed with the Board of Minerals and Environment not more than twenty days after the date of last publication of notice pursuant to §45-6B-16. Such request shall contain the reason for requesting the hearing and the location where the hearing is to be held. The board of county commissioners shall pay travel and per diem costs as established by state statute or rule to the board staff if the request designates the hearing at a location other than Pierre. Source: SL 1982, ch 305, §29.
SD Codified L § 45-6B-30 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-30 - Hearing on application--Time extension--Notice--Time for decision.

45-6B-30. Hearing on application--Time extension--Notice--Time for decision.Upon receipt of an application for a mining operation permit and all fees due from the applicant, the Board of Minerals and Environment shall set a date for the hearing on such application not more than ninety days after the date of filing. However, the board, on request of the applicant, may extend this time limit as reasonably necessary to allow the preparation of a socioeconomic impact study required under §45-6B-33.1 or for any other reason, except that any time extension exceeding forty-five days shall require the applicant to republish the notice prescribed by §45-6B-16. If the department determines additional time is needed to review the technical contents of a large scale mining operation permit application, the department and the applicant may negotiate a time extension, not to exceed forty-five days. If the department and applicant are unable to reach agreement on an extension, the board shall determine if an extension should be granted. Prior to the holding of any such hearing, the board shall provide notice to any person previously filing a protest or petition for a hearing or statement in support of the application pursuant to §45-6B-28, and shall publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the locality of the proposed mining operation once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted pursuant to chapter 1-26. A final decision on the application shall be made within one hundred twenty days of the receipt of the application unless a time extension occurs, in which case the decision shall be made within thirty days following the hearing. In the event of serious unforeseen circumstances or significant snow cover on the affected land that prevents a necessary on-site inspection, the board may reasonably extend the maximum time sixty days. Source: SL 1982, ch 305, §30; SL 1987, ch 320, §3; SL 1988, ch 360, §3.
SD Codified L § 45-6B-31 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-31 - Modification of application prior to hearing.

45-6B-31. Modification of application prior to hearing.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.
SD Codified L § 45-6B-32 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-32 - Grant of permit if application in compliance with law--Grounds for denial.

45-6B-32. Grant of permit if application in compliance with law--Grounds for denial.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.
SD Codified L § 45-6B-33 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-33 - Unsuitable land--No permit issued.

45-6B-33. Unsuitable land--No permit issued.No permit may be issued for a mining operation proposed on unsuitable land. Land is unsuitable if the following conditions cannot be satisfactorily mitigated:(1)Reclamation of the affected land pursuant to the requirements of this chapter is not physically or economically feasible;(2)Substantial disposition of sediment in stream or lake beds, landslides, or water pollution cannot feasibly be prevented;(3)The land to be affected by a proposed mining operation includes land that is special, exceptional, critical, or unique as defined in §45-6B-33.3 and satisfactory mitigation is not possible;(4)The proposed mining operation will result in the loss or reduction of long-range productivity of aquifer, public and domestic water wells, watershed lands, aquifer recharge areas, or significant agricultural areas;(5)The biological productivity of the land is such that the loss would jeopardize threatened or endangered species of wildlife indigenous to the area; or(6)The board finds that any probable adverse socioeconomic impacts of the proposed mining operation outweigh the probable beneficial impacts of the operation. Source: SL 1982, ch 305, §33; SL 1987, ch 320, §1; SL 1989, ch 381, §1.
SD Codified L § 45-6B-33.1 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-33.1 - Socioeconomic impact study--Preparation at operator's expense--Contents--Determination of sufficiency.

45-6B-33.1. Socioeconomic impact study--Preparation at operator's expense--Contents--Determination of sufficiency.Before making a determination pursuant to subdivision 45-6B-33(6), the board shall require the applicant to submit a socioeconomic impact study. The socioeconomic impact study shall be prepared at the operator's expense by a contractor approved by the board. An applicant may request board approval of a contractor at any time before or after filing a permit application.The socioeconomic impact study shall evaluate the potential impacts of the proposed mining operation including the following areas:(1)Population base;(2)Employment and income;(3)Tax base;(4)Housing;(5)Community services, including schools, law enforcement and fire protection, solid waste, water and wastewater, and roads; and(6)Recreational opportunities or other beneficial uses of land within and adjacent to the permit area.If applicable, a study shall include an evaluation of the cumulative impacts of the proposed operation considered together with existing operations in the surrounding region. If an applicant is required to submit a socioeconomic impact study to a county government pursuant to county zoning ordinance or requirements, the board shall determine upon receipt of an application for a mining operation permit whether the required county socioeconomic impact study will satisfy the board requirements for such a study as provided for in this section. Source: SL 1987, ch 320, §2; SL 2011, ch 165, §203.
SD Codified L § 45-6B-33.2 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-33.2 - Permit application for small-scale mining operation--Small-scale mining operation defined.

45-6B-33.2. Permit application for small-scale mining operation--Small-scale mining operation defined.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.
SD Codified L § 45-6B-33.3 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-33.3 - Special, exceptional, critical, or unique land defined.

45-6B-33.3. Special, exceptional, critical, or unique land defined.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.
SD Codified L § 45-6B-33.4 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-33.4 - Preliminary list of special, exceptional, critical, or unique lands--Application for classification.

45-6B-33.4. Preliminary list of special, exceptional, critical, or unique lands--Application for classification.The board, after consultation with other concerned state agencies, shall establish a preliminary list of special, exceptional, critical, or unique lands in accordance with the provisions of §§45-6B-33 and 45-6B-33.3. In addition, any citizen, organization, or agency may make written application to the board for such classification of a specific area. Any final determination as to such designations may not be made until an application for a permit to mine is filed which application includes land on the preliminary list. Source: SL 1989, ch 381, §3.
SD Codified L § 45-6B-33.5 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-33.5 - Alternative restrictions and limitations by board on special, exceptional, critical, or unique land.

45-6B-33.5. Alternative restrictions and limitations by board on special, exceptional, critical, or unique land.If land proposed to be affected by a mining operation includes land that is special, exceptional, critical, or unique and any adverse effects on such lands from the proposed mining operations cannot be satisfactorily mitigated, the board may find such land unsuitable for mining or may do one or more of the following:(1)Restrict the extent of the land to be affected at any one time to that which would not compromise those attributes of the area that qualify it as special, exceptional, critical, or unique;(2)Impose limitations on the type of activity allowed and the amount of time the land may be affected; or(3)Impose limitations that minimize visual impacts and reduce conflicts with scenic and recreational uses. Source: SL 1989, ch 381, §5.
SD Codified L § 45-6B-33.6 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-33.6 - Determination of classification--Notice and grounds.

45-6B-33.6. Determination of classification--Notice and grounds.Upon notification by any person contemplating the establishment of a mining operation, the department shall examine the lands to be affected by the proposed mining operation and determine whether such lands constitute special, exceptional, critical, or unique lands as defined in §45-6B-33.3. If the department determines that the lands meet one or more of the characteristics in §45-6B-33.3 it shall notify the applicant in writing of the determination and the grounds for the determination. Source: SL 1989, ch 381, §6.