reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-54 - Small-scale operation--Application for permit--Contents.

45-6B-54. Small-scale operation--Application for permit--Contents.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-55 - Small-scale operation--Fee--Surety.

45-6B-55. Small-scale operation--Fee--Surety.
A nonrefundable fee of one hundred dollars, and a surety not to exceed two thousand five hundred dollars as the Board of Minerals and Environment shall determine, shall accompany the application and shall be paid by the applicant.
Source:
SL 1982, ch 305, §55.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-56 - Small-scale operation--Annual notice of intent to continue--Fee and reporting requirements.

45-6B-56. Small-scale operation--Annual notice of intent to continue--Fee and reporting requirements.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-57 - Small-scale operation--Notice of completion of reclamation.

45-6B-57. Small-scale operation--Notice of completion of reclamation.
The operator, at any time after the completion of reclamation, may notify the Board of Minerals and Environment that the land has been reclaimed. Upon receipt of the notice that the affected land or a portion of it has been reclaimed, the board shall cause the land to be inspected and release the surety or a portion of it within thirty days after the board finds the reclamation to be satisfactory and in accordance with a plan agreed upon by the board and the operator.
Source:
SL 1982, ch 305, §57.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-59 - Laws applicable to processing and action on applications.

45-6B-59. Laws applicable to processing and action on applications.
Applications for permits under §45-6B-53 shall be processed and final action taken thereon within forty-five days of the filing thereof. The provisions of §§45-6B-16, 45-6B-17, and 45-6B-28 concerning publication, notice, written objections, petitions, and supporting documents shall, so far as practicable, apply to this section, but the Board of Minerals and Environment shall, by rule, provide simplified and reduced procedures and requirements therefor which are applicable to meet the forty-five-day period. Within the forty-five-day period, the board shall hold a hearing on an application as provided in §45-6B-30.
Source:
SL 1982, ch 305, §59.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-60 - Small-scale operation--Conversion of permit to larger operation.

45-6B-60. Small-scale operation--Conversion of permit to larger operation.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-61 - Small-scale operation--Conversion of permit--Time for action on application.

45-6B-61. Small-scale operation--Conversion of permit--Time for action on application.
Applications for conversion of a permit under §45-6B-60 shall be processed and final action taken thereon within ninety days of the complete filing thereof.
Source:
SL 1982, ch 305, §61.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-62 - Small-scale operation--Conversion of permit--Laws applicable to procedure.

45-6B-62. Small-scale operation--Conversion of permit--Laws applicable to procedure.
The provisions of §§45-6B-16, 45-6B-17, and 45-6B-28, concerning publication, notice, written objections, petitions, and supporting documents shall, so far as practicable, apply to application pursuant to §45-6B-60; but the Board of Minerals and Environment shall, by rule, provide procedures and requirement therefor which are applicable to meet the forty-five-day period.
Source:
SL 1982, ch 305, §62.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-63 - Small-scale operation--Conversion of permit--Grounds for denial.

45-6B-63. Small-scale operation--Conversion of permit--Grounds for denial.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-66 - Violation--Forfeiture of surety--Proceedings by attorney general.

45-6B-66. Violation--Forfeiture of surety--Proceedings by attorney general.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-67 - Violation--Forfeiture of surety--Foreclosure of real estate.

45-6B-67. Violation--Forfeiture of surety--Foreclosure of real estate.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-68 - Violation--Forfeiture of surety--Reclamation of land by board.

45-6B-68. Violation--Forfeiture of surety--Reclamation of land by board.
The Board of Minerals and Environment shall reclaim, in accordance with the provisions of this chapter, any affected land with respect to which a surety has been forfeited.
Source:
SL 1982, ch 305, §67.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-69 - Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.

45-6B-69. Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.
All application fees and renewal fees received by the Board of Minerals and Environment shall be deposited by the board in the environment and natural resources fee fund established pursuant to §1-41-23. The proceeds of any surety forfeiture proceeds conducted pursuant to §45-6B-66 and the proceeds of the disposal of any property pursuant to §45-6B-67 shall be deposited with the state treasurer in a special revenue fund for reclamation purposes. The special revenue fund is continuously appropriated to the board for the reclamation of affected lands which were obligated to be reclaimed under the permits upon which such surety has been forfeited. The proceeds of any surety remaining after completion of reclamation according to the approved plan shall be returned to the operator or the surety company, whichever is appropriate.
Source:
SL 1982, ch 305, §68; SL 1994, ch 23, §6; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-70 - Violation of permit--Civil penalty--Liability for damages to environment.

45-6B-70. Violation of permit--Civil penalty--Liability for damages to environment.
Any person who violates any provision of any permit issued under this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day during which such violation occurs, for damages to the environment of this state, or both; except that any operator who operates under a permit issued under §§45-6B-54 to 45-6B-59, inclusive, is subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day for each day during which such violation occurs, or is liable for damages to the environment of this state, or both. This penalty may be in addition to any other penalties authorized.
Source:
SL 1982, ch 305, §69; SL 1988, ch 291, §21.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-71 - Operation without permit--Civil penalty.

45-6B-71. Operation without permit--Civil penalty.
A person who operates a mining operation without a valid permit issued pursuant to the provisions of this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day during which such violation occurs.
Source:
SL 1982, ch 305, §70.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-71.1 - Operation without permit near lake or stream as misdemeanor.

45-6B-71.1. Operation without permit near lake or stream as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-72 - Refusal of access or interference with inspection as violation.

45-6B-72. Refusal of access or interference with inspection as violation.
It is a violation of a mining permit's terms and conditions to refuse entry or access to any authorized representative of the Board of Minerals and Environment who after presenting appropriate credentials requests entry for the purpose of inspection under this chapter; nor may any person obstruct, hamper, or interfere with any such investigation. If requested, the operator of the mining site is entitled to receive a report setting forth the observations made by the person making the inspection which relate to compliance with this chapter.
Source:
SL 1982, ch 305, §71; SL 2011, ch 165, §207.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-73 - Jurisdiction and authority of board--Employment of personnel--Legal services provided by attorney general.

45-6B-73. Jurisdiction and authority of board--Employment of personnel--Legal services provided by attorney general.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-74 - Studies and programs initiated and encouraged by board.

45-6B-74. Studies and programs initiated and encouraged by board.
The Board of Minerals and Environment may initiate and encourage studies and programs through the Department of Agriculture and Natural Resources and in other agencies and institutions of state government relating to the development of less destructive methods of mining operations, better methods of land reclamation, more effective reclaimed land use, better methods of protecting water quality and quantity, and coordination of the provisions of this chapter with the programs of other state agencies dealing with environmental, recreational, rehabilitation, and related concerns.
Source: SL 1982, ch 305, §73; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-75 - Assistance provided by other departments and agencies.

45-6B-75. Assistance provided by other departments and agencies.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-76 - General powers of board.

45-6B-76. General powers of board.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-79 - Use of reclamation fund.

45-6B-79. Use of reclamation fund.
The Board of Minerals and Environment may allocate funds from the reclamation fund created by section 30 of chapter 251 of the 1971 Session Laws. These funds may be used for the reclamation of previously affected lands.
Source:
SL 1983, ch 310.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-80 - Exemption of educational and recreational activities.

45-6B-80. Exemption of educational and recreational activities.
Any person engaged in recreational, hobby, amateur, or field activities independently or sponsored by educational institutions or by organizations involved in earth science activities including, but not limited to, geology, mineralogy, paleontology, treasure hunting, gold panning, archaeology, and noncommercial agate and gem hunting and using hand held tools and equipment is exempt from the provisions of this chapter.
Source:
SL 1983, ch 309, §2.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-81 - Promulgation of rules by board regarding surface mining and reclamation.

45-6B-81. Promulgation of rules by board regarding surface mining and reclamation.
The board may promulgate rules, pursuant to chapter 1-26, consistent with the provisions of this chapter, to provide for:
(1)The procedure for filing and departmental review of mining permit applications;
(2)The procedure for amending mining permits;
(3)The procedure for transfer of permits;
(4)The reclamation of mills proposed to be operated in conjunction with a mining operation;
(5)The prehearing procedure for determining the type of reclamation to be performed on affected land;
(6)The minimum requirements for each type of reclamation;
(7)The reclamation activities required to be performed concurrent with mining activity;
(8)The procedure to be followed to address reclamation before or during a temporary cessation of mining activity pursuant to subdivision 45-6B-3(6);
(9)The procedure for determining special, exceptional, critical, or unique land in accordance with §45-6B-33; and
(10)The requirements for construction, operation, monitoring, and closure of uranium and other mineral mines using in situ leach processes.
Source:
SL 1987, ch 322; SL 1989, ch 381, §4; SL 2006, ch 224, §3.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-87 - Large-scale gold or silver surface mining operations not exempt from federal laws.

45-6B-87. Large-scale gold or silver surface mining operations not exempt from federal laws.
Nothing in this chapter relieves the holder of any large-scale gold or silver surface mining permit from any of the requirements of the Clean Air Act of 1955, as amended to January 1, 2011, the Clean Water Act of 1977, as amended to January 1, 2011, the South Dakota Air Quality Act (chapter 34A-1), the Federal Water Pollution Control Act of 1972, as amended to January 1, 2011, the Safe Drinking Water Act (P.L. 93-523), as amended to January 1, 2011, the Mine Safety and Health Administration regulations (30 C.F.R. Part 3830), as amended to January 1, 2011, United States Forest Service surface mining and exploration reclamation requirements (43 C.F.R., page 228), as amended to January 1, 2011, Bureau of Land Management mining and exploration requirements (43 C.F.R. Part 3800), as amended to January 1, 2011, the Mined Land Reclamation Act (this chapter), the regulated substance discharges statutes in chapter 34A-12, the Resource Conservation and Recovery Act of 1976, as amended to January 1, 2011, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (P.L. 95-510), as amended to January 1, 2011, the Toxic Substance Control Act of 1976 (P.L. 94-469), as amended to January 1, 2011, Lawrence County extractive industries ordinances, as amended to January 1, 2011, and all rules and regulations promulgated to implement existing statutes, including rules dealing with air pollution, control of visible emissions, open burning, control of particulate emissions, control of sulfur compound emissions, new source performance standards, standards of performance for storage vessels of petroleum liquids, air standards, spill control plans, buried tanks, water pollution, public water systems, and dredge and fill permit requirements.
Source:
SL 1990, ch 353, §7; SL 2011, ch 165, §208.