Chapter
01. State Geologist
02. Geological And Mining Surveys
03. Inspector Of Mines [Repealed]
04. Location And Working Of Mining Claims
05. Right-Of-Way To Mines
05A. Compensation For Damages From Mining, Oil And Gas Development
06. Sand, Gravel And Construction Aggregate Mining
06A. Mining Land Reclamation [Repealed]
06B. Mined Land Reclamation
06C. Mineral Exploration
06D. Uranium Exploration
07. Mineral, Oil And Gas Leases
07A. Mineral Well Capping, Sealing And Plugging [Repealed]
08. State Oil And Gas Board [Repealed]
09. Oil And Gas Conservation
10. Interstate Compact To Conserve Oil And Gas [Repealed]
45-1-1
Superseded.
45-1-2
Surveys relating to geology, natural history, archaeology, and anthropology--Duty to
continue.
45-1-3
Repealed.
45-1-4
Repealed
.
45-1-5
Repealed.
45-1-6
Specimens are state property.
45-1-2. Surveys relating to geology, natural history, archaeology, and anthropology--Duty to continue.
The state geologist shall carry on and continue surveys of the state in relation to geology, natural history, archaeology, and anthropology, particularly studying and emphasizing the economic geology of this state.
Source: SL 1919, ch 332, § 2; SDC 1939, § 42.0502; SL 2011, ch 165, § 161.
45-1-6. Specimens are state property.
Any specimen of natural history, geology, or mineralogy, which is collected by the state geologist or any other person appointed by the state to investigate its natural and physical resources, or donated by any person, shall be the property of the state.
Source: SL 2017, ch 10, § 3.
45-2-1, 45-2-2.
Repealed.
45-2-3
Contracts by state geologist--Payments.
45-2-4
Repealed.
45-2-4.1
Repealed.
45-2-4.2
Continuation of geological survey--Purposes.
45-2-4.3
Repealed.
45-2-5, 45-2-6.
Repealed.
45-2-3. Contracts by state geologist--Payments.
The state geologist may enter into contracts with and accept payment from county governments, from other South Dakota state governmental agencies, and from nonprofit rural water supply companies or corporations organized pursuant to and taxed under the provisions of chapter 10-36A, either of its own funds or by reassignment of specific federal grant moneys, such payment to be made to the environment and natural resources fee fund established pursuant to § 1-41-23.
Source: SL 1963, ch 375, § 4; SL 1973, ch 277, § 2; SL 1983, ch 29, § 13; SL 1994, ch 23, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
45-2-4.2. Continuation of geological survey--Purposes.
The state geologist shall continue the making of the actual geological survey of the lands, and earth, and the area beneath the surface of the lands of this state as provided by this chapter.
The survey is for the purpose of discovery, or aiding in the discovery, development, and industrial exploitation of such natural products, consisting of minerals, oil, gas, or other substances or commodities, among the natural and physical resources of the state, and of all by-products in connection with each of the natural products of the state.
Source: SL 1939, ch 166, §§ 1, 2; SDC Supp 1960, §§ 42.0601, 42.0602; SL 1970, ch 252; SL 2011, ch 165, § 164.
45-4-1
Discovery of lode within limits of claim essential.
45-4-2
Conditions precedent to filing of location certificate.
45-4-3
Marking surface boundaries of claim.
45-4-4
Location certificate--Recording of claim--Contents--Validity.
45-4-5
Location certificate limited to single location.
45-4-6
Dimensions of lode claim--Determination of width by election.
45-4-7
Fee for recording and certification of location certificate--Certified copy.
45-4-8
Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location.
45-4-9
Relocation of abandoned lode--Fixing of boundaries--Erection of new discovery
monument--Contents of relocation certificate.
45-4-10
Location certificate--Surface ground included and excluded.
45-4-11
Longitudinal limits of claim.
45-4-12
Repealed.
45-4-13
Right to mine separate from right to surface--Security required of miner--Enforcement.
45-4-14
Fencing of mining claim or mineral property for protection of livestock--Duties on
abandonment--Liability for damages--Violation as misdemeanor.
45-4-15
Actions involving mining claims--Proof of customs, usages, or regulations.
45-4-16
Actions involving mining claims--Survey ordered by court.
45-4-17
Order requiring survey of disputed claim--Designation of surveyor--Witnesses to
examine property.
45-4-18
Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits.
45-4-19
Order for removal of obstacles in drifts or shafts.
45-4-20
Association with another to obtain possession of a lode, gulch, or placer claim by
force and violence, by threats of violence, or by stealth--Misdemeanor.
45-4-21
Trials under § 45-4-20--Evidence sufficient for conviction.
45-4-22
Writs of injunction to restore person to possession of mining property.
45-4-23
Recording required--Affidavit of labor--Recording fee.
45-4-1. Discovery of lode within limits of claim essential.
No location of a mining claim may be made until the discovery of the vein or lode within the limits of the claim located.
Source: SDC 1939, § 42.0103 as added by SL 1955, ch 152, § 1; SL 2011, ch 165, § 166.
45-4-2. Conditions precedent to filing of location certificate.
Before filing a location certificate pursuant to § 45-4-4, the discoverer shall locate the claim:
(1) By erecting a monument at the place of discovery and posting on the monument a plain sign or notice containing the name of the lode, the name of any locator, the date of discovery, the number of feet claimed in length on either side of the discovery, and the number of feet in width claimed on each side of the lode; and
(2) By marking the surface boundaries of the claim.
Source: PolC 1877, ch 31, § 5; SL 1881, ch 96, § 3; CL 1887, § 2001; SL 1899, ch 115, § 2; RPolC 1903, § 2536; RC 1919, § 8730; SDC 1939, § 42.0107; SL 1955, ch 152, § 2; SL 2011, ch 165, § 167.
45-4-3. Marking surface boundaries of claim.
Surface boundaries shall be marked by eight substantial posts, hewed or blazed on the side or sides facing the claim and plainly marked with the name of the lode and the corner, end, or side of the claim that they respectively represent and sunk in the ground; one at each corner and one at the center of each side line and one at each end of the lode. If it is impracticable because of rock or precipitous ground to sink such posts, they may be placed in a monument of stone.
Source: PolC 1877, ch 31, § 6; SL 1881, ch 96, § 4; CL 1887, § 2002; RPolC 1903, § 2537; RC 1919, § 8731; SDC 1939, § 42.0108; SL 2011, ch 165, § 168.
45-4-4. Location certificate--Recording of claim--Contents--Validity.
The discoverer of a lode shall within sixty days from the date of discovery record the claim in the office of the register of deeds of the county in which the lode is located by a location certificate which shall contain:
(1) The name of the lode;
(2) The name of the locator or locators;
(3) The date of location;
(4) If a lode claim, the number of linear feet in length claimed along the course of the vein each way from the point of discovery, with the width claimed on each side of the center of the vein; the general course of the vein or lode as near as may be; and a description of the claim located by reference to some natural object or permanent monument as will identify the claim.
Any location certificate of a lode claim that does not contain the information specified in this section is void.
Source: PolC 1877, ch 31, §§ 3, 4; SL 1881, ch 96, §§ 1, 2; CL 1887, §§ 1999, 2000; SL 1899, ch 113; RPolC 1903, §§ 2534, 2535; RC 1919, §§ 8728, 8729; SDC 1939, §§ 42.0103, 42.0104; SL 1955, ch 152, § 1; SL 2011, ch 165, § 169.
45-4-5. Location certificate limited to single location.
No location certificate may claim more than one location whether the location is made by one or several locators. If the certificate purports to claim more than one location, it is void except as to the first location described in the certificate. If the locations are described together or so that it cannot be determined which location is first described, the certificate is void for all locations described in the certificate.
Source: PolC 1877, ch 31, § 17; CL 1887, § 2011; RPolC 1903, § 2546; RC 1919, § 8740; SDC 1939, § 42.0106; SL 2011, ch 165, § 170.
45-4-6. Dimensions of lode claim--Determination of width by election.
The length of any lode claim may equal but not exceed fifteen hundred feet along the vein or lode.
The width of a lode claim shall be three hundred feet on each side of the center of the vein or lode. However, any county may, at any general election, determine upon a width less than three hundred feet but not less than twenty-five feet on each side of the vein or lode.
Source: PolC 1877, ch 31, §§ 1, 2; CL 1887, §§ 1997, 1998; SL 1899, ch 115, § 1; RPolC 1903, §§ 2532, 2533; RC 1919, §§ 8726, 8727; SDC 1939, § 42.0102; SL 2011, ch 165, § 171.
45-4-7. Fee for recording and certification of location certificate--Certified copy.
The register of deeds may receive the fee as established by subdivisions 7-9-15(1) and (2) for each location certificate recorded and certified by the register of deeds and shall furnish the locators with a certified copy of the certificate if demanded.
Source: PolC 1877, ch 31, § 18; CL 1887, § 2012; RPolC 1903, § 2547; RC 1919, § 8741; SDC 1939, § 42.0105; SL 1976, ch 268, § 2; SL 2011, ch 165, § 172.
45-4-8. Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location.
If the locator of any mining claim or the locator's assigns:
(1) Believes that the original certificate was defective or erroneous;
(2) Believes that the requirements of the law were not complied with before filing; or
(3) Desires to change the surface boundaries of the claim or to take in any part of an overlapping claim which has been abandoned;
the locator or the locator's assigns may file an additional certificate subject to the provisions of this chapter. No such relocation interferes with the existing rights of others at the time of the relocation, and no such relocation nor the record of any such relocation precludes the claimant from proving any such title as the claimant may have held under any previous location.
Source: PolC 1877, ch 31, § 13; CL 1887, § 2008; RPolC 1903, § 2543; RC 1919, § 8737; SDC 1939, § 42.0114; SL 2011, ch 165, § 173.
45-4-9. Relocation of abandoned lode--Fixing of boundaries--Erection of new discovery monument--Contents of relocation certificate.
The relocation of an abandoned lode mining claim shall be by fixing new boundaries in the same manner as if it were the location of a new claim, or the relocator may erect new or adopt the old boundaries, renewing the posts if removed or destroyed. In either case a new discovery monument shall be erected. In any case whether the whole or part of an abandoned claim is taken, the location certificate must state that the whole or any part of the new location is located as abandoned property.
Source: PolC 1877, ch 31, § 16; CL 1887, § 2010; RPolC 1903, § 2545; RC 1919, § 8739; SDC 1939, § 42.0116; SL 1955, ch 152, § 4.
45-4-10. Location certificate--Surface ground included and excluded.
The location or location certificate of any lode claim includes all surface ground within the surface lines of the lode claim and all lodes and ledges throughout their entire depth, the top or apex of which lie inside of the lode claim lines extended vertically and including parts of the lodes or ledges as they continue by dip beyond the side lines of the claim. The lode claim does not include any portion of such lodes or ledges beyond the end lines of the claim or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode.
Source: PolC 1877, ch 31, § 9; CL 1887, § 2005; RPolC 1903, § 2540; RC 1919, § 8734; SDC 1939, § 42.0111; SL 2011, ch 165, § 174.
45-4-11. Longitudinal limits of claim.
If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface or as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exterior.
Source: PolC 1877, ch 31, § 10; CL 1887, § 2006; RPolC 1903, § 2541; RC 1919, § 8735; SDC 1939, § 42.0112.
45-4-13. Right to mine separate from right to surface--Security required of miner--Enforcement.
When the right to mine is in any case separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it be refused, may enjoin such miner from working until such security is given.
Source: PolC 1877, ch 31, § 12; CL 1887, § 2007; RPolC 1903, § 2542; RC 1919, § 8736; SDC 1939, § 42.0113.
45-4-14. Fencing of mining claim or mineral property for protection of livestock--Duties on abandonment--Liability for damages--Violation as misdemeanor.
Any person, firm, association, or corporation who makes or sinks discovery shafts, open cuts, adits, or equivalents on a mining claim or on mineral property, ground, or premises shall immediately, while using the discovery shafts, open cuts, adits, or equivalents, make them secure and safe, either by means of a substantial fence or otherwise, to guard against the possibility of livestock falling into or becoming injured or destroyed by reason of the openings. Before abandoning the discovery shafts, open cuts, adits, or equivalents, the person, firm, association, or corporation shall fill in or slope such openings, as a further precaution. Any person, firm, association, or corporation that fails or refuses to fully comply with this section is liable in damages for injury to or destruction of livestock caused thereby to the owner of the livestock and is guilty of a Class 2 misdemeanor.
Source: SL 1955, ch 153; SDC Supp 1960, §§ 42.0119, 42.9909; SL 1983, ch 15, § 18; SL 2011, ch 165, § 175.
45-4-15. Actions involving mining claims--Proof of customs, usages, or regulations.
In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this state and of the United States, must govern the decision of the action.
Source: CCivP 1877, § 649; CL 1887, § 5463; RCCivP 1903, § 689; RC 1919, § 2865; SDC 1939 & Supp 1960, § 37.1522.
45-4-16. Actions involving mining claims--Survey ordered by court.
In all actions in any circuit court of this state in which the title or right of possession to any mining claim is in dispute, the court may, upon application of any of the parties to the suit, enter an order for the underground as well as surface survey of the part of the property in dispute as may be necessary to a just determination of the question involved.
Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, § 176.
45-4-17. Order requiring survey of disputed claim--Designation of surveyor--Witnesses to examine property.
The order specified in § 45-4-16 shall designate some competent surveyor not related to any of the parties to the suit nor in any way interested in the result of the suit to conduct the survey. Upon the application of the party adverse to the application, the court may also appoint some competent surveyor to be selected by the adverse applicant who shall attend the survey and observe the method of making the survey at the cost of the party asking for the survey. The order may specify the names of witnesses named by either party, not exceeding three on each side, who may enter into and examine the property.
Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, § 177.
45-4-18. Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits.
No such order may be made for survey and inspection except in open court or in chambers upon notice of at least six days, and only by agreement of parties or upon the affidavit of two or more persons that the survey and inspection is necessary to the just determination of the suit. The affidavits shall state the facts in the case and the necessity for the survey. No such order may be made unless it appears that the party asking for the order has been refused the privilege of survey and inspection by the adverse party.
Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, § 178.
45-4-19. Order for removal of obstacles in drifts or shafts.
The court may also cause the removal of any rock, debris, or other obstacle in any of the drifts or shafts of the property if removal is shown to be necessary to a just determination of the question involved.
Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, § 179.
45-4-20. Association with another to obtain possession of a lode, gulch, or placer claim by force and violence, by threats of violence, or by stealth--Misdemeanor.
Any person who associates with another to obtain possession of a lode, gulch, or placer claim, then in the actual possession of another, by force and violence or by threats of violence or by stealth, and who carries out such purpose by:
(1) Making threats against the person or persons in possession;
(2) Entering the lode or mining claim for such purposes; or
(3) Entering a lode, gulch, placer claim, quartz mill, or other mining property, or, not being upon the property but being within hearing distance of the property, and making threats or use of any language, sign, or gesture calculated to intimidate any person at work on the property or from continuing work on or in the property, or intimidating others from working on or in the property,
is guilty of a Class 1 misdemeanor.
Source: PenC 1877, § 735; CL 1887, § 6926; RPenC 1903, § 759; RC 1919, § 4375; SDC 1939, § 13.1826; SL 1983, ch 15, § 19; SL 2011, ch 165, § 180.
45-4-21. Trials under § 45-4-20--Evidence sufficient for conviction.
On trials under § 45-4-20, proof of a common purpose of two or more persons to obtain possession of property or to intimidate laborers as set forth in § 45-4-20, accompanied or followed by any of the acts specified, by any of them, is sufficient evidence to convict any person committing such acts, although the parties may not be associated together at the time of committing the acts.
Source: PenC 1877, § 735; CL 1887, § 6926; RPenC 1903, § 759; RC 1919, § 4375; SDC 1939, § 13.1826; SL 2011, ch 165, § 181.
45-4-22. Writs of injunction to restore person to possession of mining property.
The circuit court may issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property:
(1) From which the person may have been ousted by force and violence or by fraud;
(2) From possession of which the person is kept by threats; or
(3) If such possession was taken from the person by entry of the adverse party on a Sunday or legal holiday or while the party in possession was temporarily absent from the property.
The granting of the writ extends only to the right of possession under the facts of the case with respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions as though no such writ had been issued.
Source: PolC 1877, ch 31, § 20; CL 1887, § 2015; RPolC 1903, § 2549; RC 1919, § 8743; SDC 1939, § 42.0118; SL 2011, ch 165, § 182.
45-4-23. Recording required--Affidavit of labor--Recording fee.
On or before December thirtieth, following the end of each federal assessment year for which labor is performed or improvements are made or compliance requirements arising under federal law to hold a mining claim have been met, the person on whose behalf such labor was performed, improvements made, or other compliance requirements met, shall cause to be recorded with the register of deeds either:
(1) An affidavit specifying any such labor or improvements; or
(2) An affidavit or other recordable document specifying compliance with federal law. Any such instrument recorded with the register of deeds on or before December 30, 1993, specifying compliance with federal law for assessment year 1993 shall be effective to satisfy the 1993 filing requirements of this statute.
The register of deeds shall charge and receive a fee for recording the instruments included in this section in accordance with subdivisions 7-9-15(1) and (2) and an additional fee of twenty-five cents for each such claim listed.
Source: SL 1993, ch 330, § 2; SL 1994, ch 338, § 2.
45-5-1
Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut,
flume, shaft, or tunnel--Eminent domain for pollution control measures.
45-5-2
Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.
45-5-3
Order to show cause--Service--Time for hearing.
45-5-4
Hearing on petition--Award of right-of-way--Appointment of commissioners to
assess damages.
45-5-5
Assessment of damages by commissioners.
45-5-6
Payment or tender of damages--Use of right-of-way.
45-5-7
Report of commissioners may be set aside.
45-5-8
Appeals from assessment of damages--Time for taking--Service of notice upon
respondent.
45-5-9
Appeal bond--Approval of sureties--Amount--Conditions.
45-5-10
Appeal from assessment of damages--Limited to amount of damages--Jury trial.
45-5-11
Bond pending appeal.
45-5-12
Costs of appeal.
45-5-13
Costs and expenses under chapter to be paid by party making application.
45-5-14
Costs and expenses if applicant tendered sum equal to or more than amount of
damages assessed.
45-5-1. Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut, flume, shaft, or tunnel--Eminent domain for pollution control measures.
If a mine or mining claim patented under the laws of the United States or held under the local laws and customs of this state is so situated that it cannot be conveniently worked without a road providing access; without a ditch, cut, or flume to convey water to the mining claim or water and tailings from the mining claim; or without a connecting shaft or tunnel; and if the road, ditch, cut, flume, shaft, or tunnel would necessarily pass over, under, through, or across any lands or mining claims owned or occupied by others under a patent from the United States or otherwise, the owner of the mine or mining claim is entitled to a right-of-way for the road, ditch, cut, flume, shaft, or tunnel over, under, through, and across the other lands or mining claims upon compliance with the provisions of this chapter. If the mine or mining claim cannot be conveniently worked without the necessary construction on property owned either in total or in part by others of devices, treatment and tailings ponds, or other installations for treatment of air or water pollution in order to comply with state or federal air and water pollution statutes, rules, or regulations, the owner of the mine or mining claim may exercise the power of eminent domain as to the surface estate only. In the exercise of eminent domain, the owner may proceed as condemnation proceedings are conducted by the state Department of Transportation pursuant to chapter 31-19, or as may otherwise be provided.
Source: SL 1881, ch 97, §§ 1, 2; CL 1887, §§ 2016, 2017; RPolC 1903, §§ 2550, 2551; RC 1919, §§ 8744, 8745; SDC 1939, § 42.0201; SL 1976, ch 269; SL 2011, ch 165, § 183.
45-5-2. Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.
If, in order to enable the owner of a mining claim to successfully and conveniently work the claim, it is necessary that the owner have a right-of-way for any of the purposes set forth in § 45-5-1, and if such a right-of-way has not been acquired by agreement between the owner of the mining claim and the owner of the claim over, under, across, or upon which the owner of the mining claim seeks to establish the right-of-way, the owner of the mining claim may present to the judge of the circuit court for the county in which the desired right-of-way or some part of the right-of-way is situated, and file with the clerk of the court a petition requesting that the right-of-way be awarded. The petition shall be verified and contain a description of the character and extent of the right sought, a description of the mine or claim of the petitioner, and the claim on lands to be affected by the right or privilege, with the names of the occupants or owners of the lands. The petition may also set forth any tender or offer mentioned in § 45-5-14 and shall demand the relief sought.
Source: SL 1881, ch 97, § 3; CL 1887, § 2018; RPolC 1903, § 2552; RC 1919, § 8746; SDC 1939, § 42.0202; SL 2011, ch 165, § 184.
45-5-3. Order to show cause--Service--Time for hearing.
Upon the filing of a petition with the clerk of the court pursuant to § 45-5-2, the judge shall order the owners named in the petition of mining claims and lands to be affected by the proceeding to appear before the judge on a day named in the order, not less than ten days from the service of the order, and show cause why the right-of-way should not be allowed as requested. The order shall be served on each of the parties in the manner prescribed by law for serving summons in a civil action.
Source: SL 1881, ch 97, § 4; CL 1887, § 2019; RPolC 1903, § 2553; RC 1919, § 8747; SDC 1939, § 42.0203; SL 2011, ch 165, § 185.
45-5-4. Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages.
Upon the return day of the order or upon any day to which the hearing is adjourned, the judge shall proceed to hear the allegations and proofs of the respective parties. If upon the hearing the judge is satisfied that the claim of the petitioner should be worked by means of the privilege requested, the judge shall make an order adjudging and awarding to the petitioner the right-of-way, and shall appoint three commissioners who shall be disinterested residents of the county to assess the damage resulting to the lands or claims affected by the order.
Source: SL 1881, ch 97, § 5; CL 1887, § 2020; RPolC 1903, § 2554; RC 1919, § 8748; SDC 1939, § 42.0204; SL 2011, ch 165, § 186.
45-5-5. Assessment of damages by commissioners.
The commissioners appointed pursuant to § 45-5-4 shall be sworn or affirmed to discharge their duties faithfully and impartially. They shall proceed without unreasonable delay to examine the premises, shall assess the damage resulting from the right or privilege requested, and shall report the amount to the judge appointing them. If the right-of-way affects the property of more than one person or company, the report shall contain an assessment of the damages to each company or person.
Source: SL 1881, ch 97, § 6; CL 1887, § 2021; RPolC 1903, § 2555; RC 1919, § 8749; SDC 1939, § 42.0205; SL 2011, ch 165, § 187.
45-5-6. Payment or tender of damages--Use of right-of-way.
Upon the payment of the sum assessed as damages to the persons to whom it shall be awarded or a tender of the sum to them, the person petitioning is entitled to the right-of-way requested in the petition and may immediately proceed to occupy the right-of-way and erect works and structures and conduct excavations in the right-of-way as may be necessary to the use and enjoyment of the right-of-way.
Source: SL 1881, ch 97, § 8; CL 1887, § 2023; RPolC 1903, § 2557; RC 1919, § 8751; SDC 1939, § 42.0207; SL 2011, ch 165, § 188.
45-5-7. Report of commissioners may be set aside.
For good cause the judge may set aside the report of such commissioners and appoint three other commissioners whose duties shall be the same as provided in § 45-5-5.
Source: SL 1881, ch 97, § 7; CL 1887, § 2022; RPolC 1903, § 2556; RC 1919, § 8750; SDC 1939, § 42.0206.
45-5-8. Appeals from assessment of damages--Time for taking--Service of notice upon respondent.
Appeals from any assessment of such commissioners may be taken and prosecuted in the proper circuit court by any party interested at any time within ten days after written notice of the filing of the report of the commissioners, and a written notice of such appeal shall be served upon the respondent in the same manner as a summons is served in civil actions.
Source: SL 1881, ch 97, § 9; CL 1887, § 2024; RPolC 1903, § 2558; RC 1919, § 8752; SDC 1939, § 42.0208.
45-5-9. Appeal bond--Approval of sureties--Amount--Conditions.
The appellant shall file with the clerk of the court to which the appeal is taken a bond with sureties to be approved by the clerk in the amount of the assessment appealed from, conditioned that the appellant will pay any costs that may be awarded to the respondent and abide any judgment that may be rendered in the cause.
Source: SL 1881, ch 97, § 9; CL 1887, § 2024; RPolC 1903, § 2558; RC 1919, § 8752; SDC 1939, § 42.0208.
45-5-10. Appeal from assessment of damages--Limited to amount of damages--Jury trial.
Such an appeal shall bring before the court only the propriety of the amount of damages and shall be tried by a jury unless a trial by jury be waived as in other civil cases.
Source: SL 1881, ch 97, § 10; CL 1887, § 2025; RPolC 1903, § 2559; RC 1919, § 8753; SDC 1939, § 42.0209.
45-5-11. Bond pending appeal.
The prosecution of any appeal may not hinder, delay, or prevent the respondent from exercising all the rights and privileges mentioned in § 45-5-6, if the respondent files with the clerk of the court in which the appeal is pending a bond with sufficient sureties to be approved by the clerk in double the amount of the assessment appealed from, conditioned that the respondent will pay to the appellant whatever amount the appellant may recover in the action, not exceeding the amount of the bond.
Source: SL 1881, ch 97, § 11; CL 1887, § 2026; RPolC 1903, § 2560; RC 1919, § 8754; SDC 1939, § 42.0210; SL 2011, ch 165, § 189.
45-5-12. Costs of appeal.
If the appellant recovers fifty dollars more damages than the commissioners have awarded or if the respondent offers to allow judgment against the respondent to be taken, the respondent shall pay the costs of the appeal; otherwise the appellant shall pay the costs.
Source: SL 1881, ch 97, § 12; CL 1887, § 2027; RPolC 1903, § 2561; RC 1919, § 8755; SDC 1939, § 42.0211; SL 2011, ch 165, § 190.
45-5-13. Costs and expenses under chapter to be paid by party making application.
The costs and expenses under the provisions of this chapter, except as otherwise provided in this chapter, shall be paid by the party making the application.
Source: SL 1881, ch 97, § 13; CL 1887, § 2028; RPolC 1903, § 2562; RC 1919, § 8756; SDC 1939, § 42.0212; SL 2011, ch 165, § 191.
45-5-14. Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed.
If the applicant, before the commencement of the proceeding, has tendered to the parties owning or occupying the lands or mining claims a sum equal to or more than the amount of damages assessed by the commissioners, all of the costs and expenses shall be paid by the party or parties owning the lands or claims affected by the right-of-way and who appeared and resisted the claim of the applicant.
Source: SL 1881, ch 97, § 13; CL 1887, § 2028; RPolC 1903, § 2562; RC 1919, § 8756; SDC 1939, § 42.0212; SL 2011, ch 165, § 192.
45-5A-1
Legislative findings.
45-5A-2
Purpose of chapter.
45-5A-3
Definition of terms.
45-5A-4
Compensation to surface owner for losses--Determining damages--Payment.
45-5A-4.1
Treble damages for failure to negotiate in good faith.
45-5A-5
Notice to surface owner of proposed surface disturbing development activities.
45-5A-5.1
Notice to surface owner and surface lessee prior to entry on land for mineral
exploration activities.
45-5A-5.2
Damages for failure to provide notice.
45-5A-5.3
Exception to notice requirement.
45-5A-6
Responsibilities of developer.
45-5A-7
Time for notice of damages to developer.
45-5A-8
Offer of settlement by developer.
45-5A-9
Action for compensation.
45-5A-10
Other remedies not precluded.
45-5A-11
Motor vehicle operation excluded from chapter.
45-5A-1. Legislative findings.
The Legislature finds the following:
(1) It is necessary for the state to protect the public welfare of South Dakota which is largely dependent on agriculture, and to protect the economic well-being of individuals engaged in agricultural production;
(2) Exploration for and development of mineral and oil and gas reserves in this state may interfere with the use, agricultural or otherwise, of the surface of certain land;
(3) Surface owners should be justly compensated for injury to their persons or property and interference with the use of their property occasioned by mineral and oil and gas development.
Source: SL 1982, ch 304, § 1.
45-5A-2. Purpose of chapter.
It is the purpose of this chapter to provide the maximum amount of constitutionally permissible protection to surface owners from the undesirable effects of mineral development. This chapter is to be interpreted to benefit surface owners, regardless of when the mineral estate was separated from the surface estate.
Source: SL 1982, ch 304, § 2.
45-5A-3. Definition of terms.
Terms used in this chapter, unless the context otherwise clearly requires, mean:
(1) "Agricultural production," the production of any growing grass or crop attached to the surface of the land, whether or not the grass or crop is to be sold commercially, and the production of any farm animals, whether or not the animals are to be sold commercially;
(2) "Mineral development," the exploration for or drilling of an oil and gas well or mineral test hole which requires entry upon the surface estate and was commenced subsequent to June 30, 1982, and the oil and gas production operations ensuing therefrom;
(3) "Mineral developer," the person who acquires the mineral estate or lease for the purpose of extracting or using the minerals for nonagricultural purposes;
(4) "Mineral estate," an estate in or ownership of all or part of the minerals underlying a specified tract of land;
(5) "Mineral," any substance with economic value, whether organic or inorganic, that can be extracted from the earth, including oil and gas, but excluding water;
(6) "Surface estate," an estate in or ownership of the surface of a particular tract of land;
(7) "Surface owner," the person who has possession of the surface of the land, if other than the mineral developer, either as an owner or as a lessee.
Source: SL 1982, ch 304, § 3.
45-5A-4. Compensation to surface owner for losses--Determining damages--Payment.
The mineral developer shall pay the surface owner a sum of money equal to the amount of damages sustained by the surface owner for loss of agricultural production, lost land value, and lost value of improvements caused by mineral development. The amount of damages may be determined by any formula mutually agreeable between the surface owner and the mineral developer. In determining damages, consideration shall be given to the period of time during which the loss occurs and the surface owner may elect to be paid damages in annual installments over a period of time. However, the surface owner shall be compensated for harm caused by exploration only by a single sum payment. The payments contemplated by this section shall only cover land directly affected by mineral development. Payments under this section for lost land value shall be paid only to the title holder of such land. Any reservation or assignment of such compensation apart from the surface estate except to a lessee of the surface estate is prohibited.
Source: SL 1982, ch 304, § 4.
45-5A-4.1. Treble damages for failure to negotiate in good faith.
If any mineral developer fails or refuses to conduct good faith negotiations with the surface owner to determine damages pursuant to § 45-5A-4, whether or not arising out of an existing contract or lease, the court, in any subsequent litigation arising out of the mineral developer's failure or refusal to negotiate in good faith, may, at its discretion, award treble damages on all or part of any recovery by the surface owner.
Source: SL 2013, ch 225, § 1.
45-5A-5. Notice to surface owner of proposed surface disturbing development activities.
The mineral developer shall give the surface owner written notice of proposed surface disturbing mineral development activities at least thirty days before the date operations are commenced. Surface disturbing activities include well site construction, road building, grading, excavation, demolition, and related activities. This notice shall be given to the record surface owner at the surface owner's address as shown by the records of the county register of deeds at the time the notice is given. This notice shall sufficiently disclose the plan of work and operations to enable the surface owner to evaluate the effect of drilling operations on the surface owner's use of the property. Included with this notice shall be a form prepared by the Department of Agriculture and Natural Resources advising the surface owner of his or her rights and options under this chapter.
Source: SL 1982, ch 304, § 5; SL 2011, ch 165, § 193; SL 2013, ch 226, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-5A-5.1. Notice to surface owner and surface lessee prior to entry on land for mineral exploration activities.
A mineral developer shall provide the surface owner, and surface lessee, if any, with at least seven days notice by registered mail to the address shown by the records of the county treasurer at the time the notice is given or by hand delivery prior to entry on the land for mineral exploration activities that do not disturb the surface such as surveying and well staking. This notice shall include:
(1) The name, address, and telephone number of the mineral developer or the mineral developer's designee;
(2) An offer to discuss the proposed exploration plan with the surface owner, and surface lessee if any, before the exploration operations begin; and
(3) A diagram of the approximate location or the proposed drilling site.
The notice required by this section is deemed to be received by the surface owner and surface lessee immediately, if hand delivered, and seven days after mailing if sent by registered mail.
The notice required by this section is in addition to the notice required by § 45-5A-5.
Source: SL 2013, ch 226, § 1.
45-5A-5.2. Damages for failure to provide notice.
The surface owner, and surface lessee, if any, may seek actual and punitive damages in the court of proper jurisdiction if the mineral developer fails to provide the notice required by § 45-5A-5 or the notice required by § 45-5A-5.1.
Source: SL 2013, ch 226, § 2; SL 2014, ch 213, § 1.
45-5A-5.3. Exception to notice requirement.
The provisions of §§ 45-5A-5 to 45-5A-5.2, inclusive, do not apply if the mineral developer and surface owner or surface lessee have an existing use agreement or contract regarding the property at issue.
Source: SL 2013, ch 226, § 3.
45-5A-6. Responsibilities of developer.
The mineral developer is responsible for all damages to property, real or personal, resulting from the lack of ordinary care by the mineral developer. The mineral developer is also responsible for all damages to property, real or personal, resulting from an interference caused by mineral development.
Source: SL 1982, ch 304, § 6; SL 2011, ch 165, § 194.
45-5A-7. Time for notice of damages to developer.
The affected surface owner, to receive compensation, pursuant to §§ 45-5A-8 and 45-5A-9, shall notify the mineral developer, in writing, of the damages sustained by the affected surface owner within two years after the injury becomes apparent or should have become apparent to a reasonable person.
Source: SL 1982, ch 304, § 7; SL 2011, ch 165, § 195.
45-5A-8. Offer of settlement by developer.
Unless both parties provide otherwise by written agreement, within sixty days after the mineral developer receives notice of damages the mineral developer shall make a written offer of settlement to the person seeking compensation for the damages. The person seeking compensation may accept or reject any offer so made within sixty days of receipt.
Source: SL 1982, ch 304, § 8.
45-5A-9. Action for compensation.
If the person seeking compensation receives a written rejection, rejects the offer of the mineral developer, or receives no reply, that person may bring an action for compensation in the court of proper jurisdiction.
Source: SL 1982, ch 304, § 9.
45-5A-10. Other remedies not precluded.
Any remedy provided by this chapter does not preclude any person from seeking other remedies allowed by law.
Source: SL 1982, ch 304, § 10.
45-5A-11. Motor vehicle operation excluded from chapter.
This chapter does not apply to the operation, maintenance, or use of a motor vehicle upon the highways of this state.
Source: SL 1982, ch 304, § 11.
CHAPTER 45-6
SAND, GRAVEL AND CONSTRUCTION AGGREGATE MINING
45-6-1 45-6-1 to 45-6-63. Repealed by SL 1985, ch 340
45-6-64 Sand, gravel and construction aggregate mining--Definitions.
45-6-65 License required--Compliance with requirements--Fee--Deposit.
45-6-66 Governmental units exempt from fee and security requirements.
45-6-67 Operating and reclamation standards.
45-6-67.1 Reclamation by owner--Time limit--Extension--Forfeiture of surety.
45-6-68 Publication of notice of mine operation--Contents.
45-6-69 Notice of operation to public agencies--Contents--Time required.
45-6-70 Emergency waiver of notice requirements.
45-6-71 Security required--Amount--Conditions--Alternatives.
45-6-71.1 Joint powers agreement for single surety.
45-6-72 Annual fee and report.
45-6-73 Operation without license as misdemeanor.
45-6-74 Revocation of license.
45-6-75 Appeal to board from revocation or denial of license.
45-6-76 Refusing entry for inspection as violation of license--Obstructing inspection prohibited--Report of inspector to operator.
45-6-77 Exemption of extraction for personal use.
45-6-78 Temporary cessation of license to mine--Requirements--Exemption during cessation--Reinstatement.
45-6-79 Filing request for temporary cessation--Contents.
45-6-64. Sand, gravel and construction aggregate mining--Definitions.
Terms used in §§ 45-6-64 to 45-6-77, inclusive, mean:
(1) "Affected land," land from which overburden is to be or has been removed and land upon which overburden or waste rock is to be or has been deposited; land which is disturbed by the building of access roads, railroad loops, storage areas, or other support facilities for the purpose of mining; and unstable slopes;
(2) "Board," the Board of Minerals and Environment;
(3) "Department," the Department of Agriculture and Natural Resources;
(4) "Operator," any person, firm, partnership, limited liability company, association, or corporation or any department, division, or agency of federal or state government or any political subdivision of the state; and
(5) "Secretary," the secretary of the Department of Agriculture and Natural Resources.
Source: SL 1983, ch 308, § 2; SL 1994, ch 351, § 106; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6-65. License required--Compliance with requirements--Fee--Deposit.
An operator shall obtain a license to mine:
(1) Sand;
(2) Gravel;
(3) Rock to be crushed and used in construction;
(4) Pegmatite minerals;
(5) Limestone; and
(6) Iron ore, gypsum, shale, pozzolan, and other materials used in the process of making cement or lime.
The operator shall comply with the requirements of §§ 45-6-68, 45-6-69, 45-6-71, and 45-6-72, for each site to be mined. Failure to comply with these requirements for each site mined constitutes mining without a license.
The fee for the license is one hundred dollars annually, for each mine site authorized under the license. The department shall forward any fees collected under this section to the state treasurer for deposit in the environment and natural resources fee fund established in § 1-41-23.
Source: SL 1983, ch 308, § 3; SL 1988, ch 357, § 2; SL 1988, ch 358, § 2; SL 1990, ch 354, § 3; SL 1993, ch 331; SL 1993, ch 333, § 3; SL 1994, ch 23, § 10; SL 1997, ch 226, § 1; SL 2009, ch 13, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021; SL 2024, ch 181, § 1.
45-6-66. Governmental units exempt from fee and security requirements.
No fee or surety may be required of units of state government or political subdivisions of state government.
Source: SL 1983, ch 308, § 4.
45-6-67. Operating and reclamation standards.
An operator shall comply with the following operating and reclamation standards:
(1) Surface mined areas shall be reclaimed and shaped to control erosion and eliminate hazards to domestic animals and wildlife, to protect public health and safety and the environment and to provide for appropriate future beneficial land use;
(2) All refuse, machinery, equipment, and materials from the pit operation shall be disposed of in a manner so as to create the least amount of unsightliness and unproductive areas and to not pollute surface or groundwater;
(3) Land shall be revegetated in such a way as agreed upon by the operator, the local conservation district and the landowner which establishes a diverse, effective, and long-lasting vegetative cover. For any future land use other than crop land, the revegetation shall be capable of self-regeneration and at least equal in extent of cover to the natural vegetation of the surrounding area;
(4) If it is necessary to remove overburden in order to remove the construction aggregates, topsoil shall be removed from the affected land and segregated from other spoil. If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, vegetative cover or other means shall be employed so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material and is in a usable condition for sustaining vegetation when restored during reclamation;
(5) Any disturbance to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems both during and after the pit operation and during reclamation shall be minimized. Operations shall be conducted to protect all waters from pollution by siltation, waste, debris and toxic fluids or materials;
(6) All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion and attendant air and water pollution. Noxious weed infestations shall be controlled during all phases of the pit operation and reclamation; and
(7) Any area outside of the affected land shall be protected from slides, subsidence, or damage occurring during the mining operation and reclamation. All high walls shall be reduced to a slope not greater than the angle of repose upon abandonment of the mining operation, unless such a reduction would create conditions more detrimental than preservation of the high wall. Prior to slope reduction, the operator shall take precautions to limit access to the high wall area and to warn the public of the high wall. Such precautions shall include fencing and posting of warning signs. If high wall reduction is deemed impossible, impractical or aesthetically undesirable by the board, the board shall prescribe adequate fencing.
Source: SL 1983, ch 308, § 5.
45-6-67.1. Reclamation by owner--Time limit--Extension--Forfeiture of surety.
Any reclamation provided for in § 45-6-67 shall be carried to completion by the operator with all reasonable diligence, and final reclamation shall be completed within three years after all mining under the license has ceased operation, unless such period is extended by the Board of Minerals and Environment upon a finding that additional time is necessary for the completion of final reclamation of all licensed sites. Failure to complete final reclamation within three years after all mining under the license has ceased may result in the forfeiture of the surety.
Source: SL 1992, ch 254, § 86.
45-6-68. Publication of notice of mine operation--Contents.
The operator shall publish notice of each mine operation once in a newspaper of general circulation in the locality of the operation at least fourteen days before the commencement of mining. The notice shall contain the identity and address of the operator and resident agent, the location of the mining operation, whether the mineral to be mined is sand, gravel, or rock to be crushed and used in construction, the dates of commencement and completion of the operation, the proposed future use of the affected land and the location where additional information about the operation may be obtained.
Source: SL 1983, ch 308, § 6.
45-6-69. Notice of operation to public agencies--Contents--Time required.
The operator shall submit notification, consisting of a map of the affected area and the information required in the newspaper notice to the South Dakota Department of Agriculture and Natural Resources, the South Dakota Department of Game, Fish and Parks, the South Dakota Department of Education, and the local conservation district, of the operator's intent to commence mining at a new mine site at least thirty days before beginning mining operations.
Source: SL 1983, ch 308, § 7; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2011, ch 165, § 197; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6-70. Emergency waiver of notice requirements.
When an emergency situation exists and when in the public interest, the secretary of agriculture and natural resources may waive the minimum fourteen-day advertising requirements and thirty-day notice requirement of §§ 45-6-68 and 45-6-69.
Source: SL 1983, ch 308, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6-71. Security required--Amount--Conditions--Alternatives.
Prior to the commencement of mining, an operator shall submit a surety to the department, to be held under the authority of the board.
If a mining operation was licensed prior to July 1, 2024, the surety required by this section must, through June 30, 2026, be in the amount of five hundred dollars per acre of affected land or twenty thousand dollars for the statewide mining of any material listed in § 45-6-65.
Beginning July 1, 2026, and continuing through June 30, 2027, the surety for a mining operation that was licensed prior to July 1, 2024, must be in the amount of one thousand five hundred dollars per acre of affected land or one hundred thousand dollars for the statewide mining of any material listed in § 45-6-65.
Beginning July 1, 2027, and continuing through June 30, 2029, the surety for a mining operation that was licensed prior to July 1, 2024, must be in the amount of two thousand seven hundred and fifty dollars per acre of affected land or two hundred thousand dollars for the statewide mining of any material listed in § 45-6-65.
Beginning July 1, 2029, the surety for a mining operation that was licensed prior to July 1, 2024, must be in the amount of three thousand eight hundred and fifty dollars per acre of affected land or three hundred thousand dollars for the statewide mining of any material listed in § 45-6-65.
If a mining operation is licensed on or after July 1, 2024, the surety required by this section must be in the amount of three thousand eight hundred and fifty dollars per acre of affected land or three hundred thousand dollars for the statewide mining of any material listed in § 45-6-65.
If a corporate surety bond is required, the bond must 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 provide to the department, to be held under the authority of the board:
(1) An irrevocable letter of credit;
(2) A cash deposit;
(3) A certificate of deposit made payable to the board; or
(4) Government securities.
The surety must 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; SL 2024, ch 181, § 2.
45-6-71.1. Joint powers agreement for single surety.
A political subdivision may, in order to avoid the imposition of duplicate surety requirements, enter into a joint powers agreement with the board, provided the political subdivision has established requirements pertaining to reclamation after the mining of any material listed in § 45-6-65.
Source: SL 2024, ch 181, § 3.
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.
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.
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.
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.
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.
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.
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.
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.
CHAPTER 45-6B
MINED LAND RECLAMATION
45-6B-1 Citation of chapter.
45-6B-2 Legislative findings and policy.
45-6B-3 Definition of terms.
45-6B-4 Local government permit--Additional bond or surety not authorized--Conditional mining permit.
45-6B-5 Application for permit for mining operation.
45-6B-6 Application for permit--Contents.
45-6B-7 Reclamation plan--Contents.
45-6B-8 Previously mined land--Reclamation not required for surface mining.
45-6B-9 Previously mined land--Reclamation not required for underground mining.
45-6B-10 Map of affected area.
45-6B-11 Approval of reclamation plan by Department of Education and Department of Game, Fish and Parks.
45-6B-12 Consultation with surface owner--Instrument of consultation.
45-6B-13 Instrument of consultation not obtained--Hearing and order.
45-6B-14 Fee for application.
45-6B-15 Copy of application filed with department and register of deeds--Public inspection.
45-6B-16 Notice of application--Publication.
45-6B-17 Notice of application--Mailing to owners and lessees of surface rights.
45-6B-18 Amendment of permit and modifications of operating or reclamation plans--Application fees.
45-6B-19 Confidential information in application protected--Violation as misdemeanor.
45-6B-20 Inspection of site prior to issuance of permit--Surety for reclamation costs required.
45-6B-20.1 Board may require additional proof of financial assurance from certain operators--Content and amount--Factors for consideration.
45-6B-20.2 Time for filing under 45-6B-20.1.
45-6B-21 Criteria for determining amount and duration of surety.
45-6B-22 Surety bond--Surety other than bond--Considerations by board.
45-6B-23 Cash or securities in lieu of surety.
45-6B-24 Surety payable to state--Conditions required.
45-6B-25 Surety liability continues until released.
45-6B-26 Surety penalty--Amount.
45-6B-27 Surety penalty--Increase or reduction.
45-6B-28 Objections--Statements in support of application--Notice and hearing.
45-6B-29 County request for hearing on application.
45-6B-30 Hearing on application--Time extension--Notice--Time for decision.
45-6B-31 Modification of application prior to hearing.
45-6B-32 Grant of permit if application in compliance with law--Grounds for denial.
45-6B-33 Unsuitable land--No permit issued.
45-6B-33.1 Socioeconomic impact study--Preparation at operator's expense--Contents--Determination of sufficiency.
45-6B-33.2 Permit application for small-scale mining operation--Small-scale mining operation defined.
45-6B-33.3 Special, exceptional, critical, or unique land defined.
45-6B-33.4 Preliminary list of special, exceptional, critical, or unique lands--Application for classification.
45-6B-33.5 Alternative restrictions and limitations by board on special, exceptional, critical, or unique land.
45-6B-33.6 Determination of classification--Notice and grounds.
45-6B-33.7 Appeal of determination--Hearing--Notice.
45-6B-33.8 Underground mining allowed beneath special, exceptional, critical, or unique land.
45-6B-34 Notice to county commissioners of approval or denial of permit or amendment.
45-6B-35 Mining operations--Applicable law.
45-6B-36 Annual filing of map and fee.
45-6B-37 Grading.
45-6B-38 Disposal of refuse.
45-6B-39 Revegetation.
45-6B-40 Removal and handling of topsoil.
45-6B-41 Disturbance to hydrologic balance.
45-6B-42 Slides, subsidence, or damage protection--Fencing.
45-6B-43 Surface areas protected--Spoil piles--Weeds.
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-45 Choices of reclamation--Requirements for operator.
45-6B-46 Time for completion of reclamation--Plantings not required under certain conditions.
45-6B-47 Transfer of permit--Application--Release of first operator and surety as to reclamation--Transfer fee.
45-6B-48 Violation--Notice to operator.
45-6B-49 Violation--Cease and desist order.
45-6B-50 Violation--Hearing.
45-6B-51 Violation--Modification, suspension, or revocation of permit.
45-6B-52 Violation--Action for temporary restraining order or injunction.
45-6B-53 Small-scale operation--Special permit laws applicable.
45-6B-54 Small-scale operation--Application for permit--Contents.
45-6B-55 Small-scale operation--Fee--Surety.
45-6B-56 Small-scale operation--Annual notice of intent to continue--Fee and reporting requirements.
45-6B-57 Small-scale operation--Notice of completion of reclamation.
45-6B-58 45-6B-58. Repealed by SL 2013, ch 166, § 100.
45-6B-59 Laws applicable to processing and action on applications.
45-6B-60 Small-scale operation--Conversion of permit to larger operation.
45-6B-61 Small-scale operation--Conversion of permit--Time for action on application.
45-6B-62 Small-scale operation--Conversion of permit--Laws applicable to procedure.
45-6B-63 Small-scale operation--Conversion of permit--Grounds for denial.
45-6B-64 45-6B-64, 45-6B-65. Repealed by SL 1983, ch 308, §§ 15, 16
45-6B-66 Violation--Forfeiture of surety--Proceedings by attorney general.
45-6B-67 Violation--Forfeiture of surety--Foreclosure of real estate.
45-6B-68 Violation--Forfeiture of surety--Reclamation of land by board.
45-6B-69 Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.
45-6B-70 Violation of permit--Civil penalty--Liability for damages to environment.
45-6B-71 Operation without permit--Civil penalty.
45-6B-71.1 Operation without permit near lake or stream as misdemeanor.
45-6B-72 Refusal of access or interference with inspection as violation.
45-6B-73 Jurisdiction and authority of board--Employment of personnel--Legal services provided by attorney general.
45-6B-74 Studies and programs initiated and encouraged by board.
45-6B-75 Assistance provided by other departments and agencies.
45-6B-76 General powers of board.
45-6B-77 Repealed by SL 2012, ch 215, § 30.
45-6B-78 45-6B-78. Repealed by SL 2005, ch 237, § 7.
45-6B-79 Use of reclamation fund.
45-6B-80 Exemption of educational and recreational activities.
45-6B-81 Promulgation of rules.
45-6B-82 45-6B-82 to 45-6B-85. Repealed by SL 2005, ch 237, §§ 1 to 6.
45-6B-85.1 45-6B-85.1. Executed
45-6B-86 45-6B-86. Repealed by SL 2013, ch 166, § 101.
45-6B-87 Large-scale gold or silver surface mining operations not exempt from federal laws.
45-6B-88 Procedures for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.
45-6B-89 45-6B-89. Repealed by SL 2013, ch 166, § 102.
45-6B-90 45-6B-90. Repealed by SL 2005, ch 237, § 8.
45-6B-91 Postclosure plan--Postclosure care--Financial assurance--Certification of completed postclosure activities--Liability of operator.
45-6B-92 Description of critical resources affected by reclamation plan.
45-6B-93 Annual report on large-scale gold or silver surface mining operation--Information to be included.
45-6B-94 Gold or silver surface mining--Legislative findings.
45-6B-95 Permits for new large-scale operations--Limitations.
45-6B-96 Permits for presently operating large-scale gold or silver surface mines.
45-6B-97 Reclamation--Qualifications for credit--Assignment.
45-6B-98 Submission of reclamation plan--Contents.
45-6B-99 Exclusion of underground mining operations.
45-6B-100 45-6B-100 to 45-6B-103. Repealed by SL 2005, ch 237, §§ 9 to 12.
45-6B-104 New surface mining permits prohibited for private land in Spearfish Canyon.
45-6B-105 Location of Spearfish Canyon.
45-6B-106 Lake dredging activities license.
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.
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.
45-6B-3. Definition of terms.
Terms used in this chapter mean:
(1) "Abandoned mined lands," lands that were mined for noncoal minerals and materials and for which there is no continuing reclamation responsibility or responsibility for other remedial action under state or federal laws;
(2) "Affected land," land from which overburden is to be or has been removed and land upon which overburden, waste rock, mine spoil, or mill tailings is to be or has been deposited; land which is disturbed by the building of access roads, railroad loops, warehouses, storage areas, or other support facilities for the purpose of mining or milling; and land affected by surface subsidence, unstable slopes, and other surface effects caused by underground mine workings;
(3) "Aquifer," a water-bearing bed or stratum of permeable rock, sand, or gravel capable of yielding usable quantities of water to wells or springs;
(4) "Black Hills," Lawrence County south of Interstate Highway 90, Meade County west and south of Interstate Highway 90 and Pennington and Custer Counties west of South Dakota Highway 79;
(5) "Board," the Board of Minerals and Environment;
(6) "Department," the Department of Agriculture and Natural Resources;
(7) "Development," the work performed in relation to a deposit, following the exploration required to prove minerals are in existence in commercial quantities but before production activities, aimed at preparing the site for mining, defining further the ore deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities;
(8) "Life of the mine permit," a permit to conduct a mining operation which is in effect if:
(a) An operator continues to engage in the extraction of minerals and complies with the provisions of this chapter;
(b) Mineral reserves are shown by the operator to remain in the mining operation and the operator plans to, or does, temporarily cease production for one hundred eighty days or more if the operator files a notice thereof with the board stating the reasons for nonproduction, a plan for ceasing production for one hundred eighty days or more if the operator files a notice thereof with the board stating the reasons for nonproduction, a plan for the resumption of production, and the measures taken to comply with reclamation and other necessary activities as established by the board to maintain the mine in a nonproducing state. The requirement of a notice of temporary cessation does not apply to operators who resume operating within one year and have included, in their permit applications, a statement following the exploration required to prove minerals are in existence in that the affected lands are to be used for less than one hundred eighty days per year;
(c) Production is resumed within five years of the date production ended, or the operator files a report requesting an extension of the period of temporary cessation of production with the board stating the reasons for the continuation of nonproduction and those factors necessary to, and the operator's plans for, resumption of production. A temporary cessation of production may not be continued for more than ten years without terminating the operation and fully complying with the reclamation requirements of this chapter.
A life of the mine permit includes that period of time after cessation of production necessary to complete reclamation of affected lands, until the board releases, in writing, the operator from further reclamation obligations regarding the affected land, declares the mining operation terminated, and releases the surety thereon;
(9) "Milling," the beneficiation of a mined material from its natural occurrence in ore;
(10) "Mineral," a substance with economic value, whether organic or inorganic, that can be extracted from the earth, other than the following: water, oil, gas, sand, gravel, or rock to be crushed and used in construction, pegmatite minerals, or limestone, sand, gypsum, shale, or iron ore used in the process of making cement;
(11) "Mining operation," the development or extraction of a mineral from its natural occurrence on affected land. The term includes surface mining and surface operation, in situ mining, the reprocessing of tailings piles, the disposal of refuse from underground mining, milling and processing located on the land described in the application for a mining permit, and stand-alone milling and processing facilities utilizing chemical or biological leaching agents. The term does not include extraction of sand, gravel, or rock to be crushed and used in construction, exploration activities, bulk sampling, the exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipe, borrow excavation for embankments, or the extraction of geothermal resources;
(12) "Operator," any person, firm, partnership, limited liability company, association, or corporation or any department, division or agency of federal, state, county, or municipal government engaged in or controlling a mining operation;
(13) "Overburden," all of the earth and other materials which are disturbed or removed, in the original state, or as it exists after removal from its natural state in the process of surface mining;
(14) "Reclamation," the employment during and after a mining operation of procedures reasonably designed to minimize as much as practicable the disruption from the mining operation and to provide for the rehabilitation of affected land through the rehabilitation of plant cover, soil stability, water resources, or other measures appropriate to the subsequent beneficial use of such mined and reclaimed lands;
(15) "Surface mining," the mining of minerals by removing the overburden lying above such deposits and mining directly from the deposits thereby exposed. The term includes mining directly from such deposits where there is no overburden and such practices as open cut mining, open pit mining, strip mining, placer mining, quarrying, and dredging;
(16) "Surface mining disturbed land," land from which overburden has been removed, land upon which overburden, waste rock, mine spoil, or mill tailings have been deposited, land mined which has no overburden, heap leach pads, and process ponds;
(17) "Tailings," the discharged valueless product of a beneficiation process.
Source: SL 1982, ch 305, § 3; SL 1983, ch 308, § 1; SL 1988, ch 357, § 1; SL 1988, ch 358, § 1; SL 1990, ch 353, § 5; SL 1990, ch 354, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1993, ch 332, § 1; SL 1994, ch 351, § 107; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2021, ch 191, § 1.
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.
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.
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.
45-6B-7. Reclamation plan--Contents.
The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is required on all affected lands except as provided in §§ 45-6B-8 and 45-6B-9. The reclamation plan shall include:
(1) A description of the types of reclamation the operator proposes to achieve in the reclamation of the affected land, why each was chosen, and the amount of acreage accorded to each;
(2) A standard soil survey of the affected land prepared by the local conservation district, paid for by the applicant, or if not available, a comparable soil survey prepared by a competent person;
(3) A vegetative survey of the affected land prepared by the local conservation district, paid for by the applicant or prepared by a competent person, including a description of the dominant species of vegetation present, approximate size and density;
(4) A preliminary wildlife survey of the affected land conducted by the Department of Game, Fish and Parks, paid for by the applicant, or conducted by a competent person approved by that department. Such survey shall include a description of the dominant species of wildlife inhabiting the area. The operator shall abide by any reasonable restrictions subject to review and approval by the Board of Minerals and Environment at the request of the operator concerning riparian habitat or threatened or endangered species as notified by that department. Restrictions concerning riparian habitat for mining operation activities are limited to such habitat located within one hundred feet of each stream bank. Further, restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area;
(5) A statement of any characteristics of the affected land of historic, archaeological, geologic, scientific, or recreational significance which are known to the applicant;
(6) A description of how the reclamation plan will be implemented to meet the requirements of §§ 45-6B-37 to 45-6B-46, inclusive;
(7) A description of how the reclamation plan will rehabilitate the affected land. This description shall include, but not be limited to, natural vegetation, wildlife, water, air, and soil;
(8) A map of all of the proposed affected land by all phases of the total scope of the mining operation. It shall indicate the following:
(a) The expected physical appearance of the area of the affected land; and
(b) Portrayal of the proposed final land use for each portion of the affected land;
(9) The baseline water quality and water level of all areas of aquifers potentially affected by the proposed mining operation. The Department of Agriculture and Natural Resources may designate, from the parameters set forth below, which parameters must be provided. The applicant shall use testing methods designated by the department:
(a) Alkalinity |
(p) Hydrocarbon |
(bb) Radon |
(b) Aluminum |
potential |
(cc) Selenium |
(c) Ammonia |
(q) Iron |
(dd) Silica |
(d) Arsenic |
(r) Lead |
(ee) Silver |
(e) Barium |
(s) Magnesium |
(ff) Sodium |
(f) Bicarbonate |
(t) Manganese |
(gg) Sulfate |
(g) Boron |
(u) Mercury |
(hh) Temperature |
(h) Cadmium |
(v) Molybdenum |
(ii) Total alpha, |
(i) Calcium |
(w) Nickel |
beta and gamma |
(j) Carbonate |
(x) Nitrate as |
radiation |
(k) Chloride |
nitrogen |
(jj) Total dissolved |
(l) Chromium |
(y) pH |
solids |
(m) Conductivity |
(z) Potassium |
(kk) Uranium |
(n) Copper |
(aa) Radium 226 |
(ll) Vanadium |
(o) Fluoride |
and 228 |
(mm) Zinc |
(10) The location of proposed reservoirs, tailings ponds, tailings disposal sites, dams, dikes, and diversion canals;
(11) Provisions for the stripping, storage, and, if required, the replacement of the overburden and topsoil;
(12) The estimated cost of implementing and completing the proposed reclamation.
Source: SL 1982, ch 305, § 7; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
45-6B-55. Small-scale operation--Fee--Surety.
The application must be accompanied by:
(1) A nonrefundable fee of one hundred dollars; and
(2) A surety, in an amount determined sufficient by the board to cover the cost of reclamation, but not exceeding thirty-eight thousand five hundred dollars.
Source: SL 1982, ch 305, § 55; SL 2024, ch 181, § 4.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
45-6B-77. Repealed by SL 2012, ch 215, § 30.
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.
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.
45-6B-81. Promulgation of rules.
The board may promulgate rules, pursuant to chapter 1-26, to:
(1) Establish the procedure for filing and departmental review of mining permit applications;
(2) Establish the procedure for amending mining permits;
(3) Establish the procedure for transfer of permits;
(4) Provide for the reclamation of mills proposed to be operated in conjunction with a mining operation;
(5) Establish the prehearing procedure for determining the type of reclamation to be performed on affected land;
(6) Establish the minimum requirements for each type of reclamation;
(7) Establish the reclamation activities required to be performed concurrent with mining activity;
(8) Establish the procedure to address reclamation before or during a temporary cessation of mining activity, pursuant to subdivision 45-6B-3(6);
(9) Establish the procedure for determining special, exceptional, critical, or unique land, in accordance with § 45-6B-33;
(10) Establish the requirements for construction, operation, monitoring, and closure of uranium and other mineral mines using in situ leach processes; and
(11) Establish the procedure for posting and monitoring financial assurance.
Source: SL 1987, ch 322; SL 1989, ch 381, § 4; SL 2006, ch 224, § 3; SL 2024, ch 181, § 5.
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.
45-6B-88. Procedures for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.
The board, by rules adopted in compliance with chapter 1-26, shall provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested case hearing by the board on its own motion or upon protest by the applicant or any person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with his recommendation.
Source: SL 1991, ch 288, § 11.
45-6B-91. Postclosure plan--Postclosure care--Financial assurance--Certification of completed postclosure activities--Liability of operator.
The operator shall prepare a detailed postclosure plan for a mining operation. The plan shall include, at a minimum, a description of the activities, methods, procedures, and processes necessary to ensure the continued effectiveness of reclamation measures and compliance with applicable performance standards including, as necessary:
(1) Treatment of tailings to ensure continued neutralization or immobilization of any parameters of concern;
(2) Operation of monitoring systems;
(3) Inspection and maintenance activities to ensure compliance with all applicable reclamation, design, and operating criteria; and
(4) Procedures for maintaining the final cover and controlling erosion and fugitive dust.
For each mining operation requiring a postclosure plan, the operator shall begin postclosure care immediately following the release of reclamation surety and continue postclosure care for thirty years. The board may modify the permit to reduce the length of the postclosure care period at any time after reclamation surety release if a reduced period ensures compliance with all applicable performance standards. The board may modify the permit to extend the period beyond thirty years if necessary to ensure compliance with all applicable performance standards or design and operating criteria.
For each mining operation requiring a postclosure plan, the operator shall post with the board financial assurance to guarantee the costs of postclosure care and maintenance over the postclosure period.
After completion of postclosure care of the mine area, the operator shall submit to the department a statement certifying that postclosure activities have been completed in accordance with the postclosure plan. The department shall conduct an on-site inspection of the affected mine area, and provide public notice of its findings, at least thirty days prior to approving the certification of completion of postclosure care.
Liability of an operator for the affected mine area under this chapter shall continue until the certification of completion of postclosure care is approved by the board.
Source: SL 1992, ch 254, § 3.
45-6B-92. Description of critical resources affected by reclamation plan.
The applicant shall, as part of the reclamation plan, include a description of all critical resources potentially affected by the mining operation and plans for mitigating potential impacts to such critical resources. Critical resources shall be addressed by the applicant during the evidentiary portion of a contested case hearing before the board on the mine permit application.
For purposes of this chapter, critical resources include the following:
(1) Wildlife--critical deer winter range, threatened or endangered species, and any other critical wildlife resource identified by the Department of Game, Fish and Parks;
(2) Aquatic resources--cold water fish life propagation water;
(3) Vegetation--riparian zones, mountain meadows, wetlands, and threatened or endangered species;
(4) Water--direct or indirect sources of drinking water;
(5) Visual resources--areas of severe visual constraint or retention quality objective;
(6) Soils--soils with high erosion and low revegetation potential;
(7) Cultural resources--cultural resources that are eligible for the national register of historic places;
(8) Air quality--areas with minimal ambient airborne particulates and areas near potential receptors including residences and recreational areas;
(9) Noise--areas near potential receptors including residences and recreational areas; and
(10) Lands designated as special, exceptional, critical, or unique pursuant to subdivision 45-6B-33(3).
Source: SL 1992, ch 254, § 4.
45-6B-93. Annual report on large-scale gold or silver surface mining operation--Information to be included.
Any operator of a large-scale gold or silver surface mining operation shall submit an annual report by January first of each year including an oral presentation to the Board of Minerals and Environment explaining the information in the written annual report. The annual report shall include the following information:
(1) The total and previous year's amount of affected land;
(2) The total and previous year's amount of surface mining disturbed land;
(3) The total and previous year's amount of land that has undergone interim reclamation;
(4) The total and previous year's amount of land that has undergone final reclamation and which meets the required post-mining land use;
(5) The total and previous year's amount of land that has undergone final reclamation but which does not meet the required post-mining land use;
(6) The total amount of groundwater withdrawn during the previous year;
(7) The total amount of surface water withdrawn during the previous year;
(8) The total amount of ore mined during the previous year;
(9) The total amount of ore processed during the previous year;
(10) The total amount of waste rock mined during the previous year;
(11) The total amount of gold and silver produced during the previous year;
(12) The total amount of cyanide used during the previous year; and
(13) A brief discussion of the coming year's operational plans including any anticipated revisions that might require department or board approval.
Source: SL 1992, ch 254, § 5; SL 2013, ch 166, § 103.
45-6B-94. Gold or silver surface mining--Legislative findings.
The Legislature of South Dakota finds that protection of the environment requires regulation of the total amount of land that can be disturbed by surface mining by large-scale gold or silver surface mining operations at any given time.
Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
45-6B-95. Permits for new large-scale operations--Limitations.
The board may not issue a permit for a new large-scale gold or silver surface mining operation if the proposed surface mining disturbed lands under that permit shall exceed three hundred twenty acres. Nor may the board issue new permits or amendments to existing permits for new large-scale gold or silver surface mining operations for expanded acres of surface mining disturbed lands until reclamation has been performed in accord with § 45-6B-97.
Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
45-6B-96. Permits for presently operating large-scale gold or silver surface mines.
The board may not issue new permits to or amendments to existing permits for presently operating large-scale gold or silver surface mining operations for expanded acres of surface mining disturbed lands until reclamation has been performed in accord with § 45-6B-97, except that presently operating large-scale gold or silver surface mining operations are not subject to this provision until the permitted acres of surface mining disturbed lands total two hundred acres more per each individual permit than its permitted surface mining disturbed land total acreage as of January 1, 1992.
Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992; SL 2011, ch 165, § 209.
45-6B-97. Reclamation--Qualifications for credit--Assignment.
New permits or amendments to existing permits for expanded acres of surface mining disturbed land for operations referred to in §§ 45-6B-95 and 45-6B-96 may be issued only if the applicant has performed reclamation on an equal number of acres of permitted affected land, or has agreed not to disturb an equal acreage of permitted affected land, or, with consent of the board, has performed or agrees to perform reclamation concurrently with disturbance of an equal number of acres of previously mined land inside or outside a permit area boundary. For purpose of §§ 45-6B-94 to 45-6B-99, inclusive only, reclamation is performed when the operator completes required grading, topsoil replacement, erosion, and drainage control and any required planting and seeding that the department finds meets the requirements of the approved reclamation plan. To qualify for reclamation credit, reclamation activities shall have been conducted after the operator was granted the original large-scale gold or silver surface mining permit and surety for the reclaimed acres of affected land shall not have been released prior to November 19, 1992. With consent of the board, a large-scale gold or silver surface mining operator may assign reclamation credit acreage to another large-scale gold or silver surface mining operator.
Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
45-6B-98. Submission of reclamation plan--Contents.
The operator of an existing permitted large-scale gold or silver surface mining operation shall submit for board approval, a plan for conducting reclamation activities on lands to be reclaimed for reclamation acreage credit if those lands are not otherwise covered by an existing surety and reclamation plan authorized under this chapter. The plan for conducting reclamation shall include a detailed description of those activities to be conducted to reclaim the lands proposed for reclamation credit, a time schedule for conducting those activities, the post-reclamation land use of the lands, a post-reclamation map, and the estimated cost of conducting the reclamation. The plan shall be submitted as part of the application for any new permit or amendment to any existing permit that would cause an increase in an existing operator's permitted affected lands and shall be considered a procedural completeness requirement.
Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
45-6B-99. Exclusion of underground mining operations.
Presently operating or new underground mining operations are not subject to the provisions of §§ 45-6B-94 to 45-6B-99, inclusive.
Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992; SL 2011, ch 165, § 210.
45-6B-104. New surface mining permits prohibited for private land in Spearfish Canyon.
The board may issue no new permit for any surface mining operation on private land in Spearfish Canyon.
Source: SL 1995, ch 249, § 1.
45-6B-105. Location of Spearfish Canyon.
For the purposes of § 45-6B-104, Spearfish Canyon is the area located within Lawrence County that is described as follows:
Quarter Section(s) |
Section |
Township |
Range |
N1/2NE1/4, SW1/4NE1/4, W1/2SE1/4NE1/4, |
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N1/2NW1/4SE1/4, N1/2SE1/4NW1/4SE1/4, |
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SW1/4NW1/4SE1/4, NW1/4SW1/4SE1/4, |
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SW1/4, NE1/4NW1/4, S1/2NW1/4 |
27 |
6 NORTH |
2 EAST |
S1/2SE1/4, S1/2NE1/4SE1/4 |
28 |
6 NORTH |
2 EAST |
E1/2NE1/4, SE1/4, NE1/4NW1/4NE1/4, |
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E1/2SW1/4NE1/4, SW1/4SW1/4NE1/4, |
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SE1/4SE1/4NW1/4, |
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E1/2NE1/4SW1/4, E1/2SE1/4SW1/4 |
33 |
6 NORTH |
2 EAST |
N1/2NW1/4, W1/2SW1/4NW1/4, |
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SE1/4SW1/4NW1/4, NW1/4SW1/4, |
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N1/2SW1/4SW1/4 |
34 |
6 NORTH |
2 EAST |
NW1/4NW1/4, SW1/4NW1/4, |
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SW1/4NE1/4NW1/4 NW1/4SE1/4NW1/4 |
3 |
5 NORTH |
2 EAST |
NE1/4, N1/2SE1/4, SW1/4SE1/4, |
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W1/2SE1/4SE1/4, NE1/4SE1/4SE1/4, |
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NE1/4NE1/4NW1/4, S1/2SE1/4NW1/4, SW1/4 |
4 |
5 NORTH |
2 EAST |
E1/2, S1/2NE1/4NW1/4, NE1/4NE1/4NW1/4, |
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E1/2SE1/4SW1/4, E1/2NE1/4SW1/4, |
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E1/2SE1/4NW1/4 |
8 |
5 NORTH |
2 EAST |
NW1/4, NW1/4SW1/4, SW1/4SW1/4, |
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N1/2NE1/4SW1/4, SW1/4NE1/4SW1/4, |
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N1/2NE1/4, NW1/4SW1/4NE1/4 |
9 |
5 NORTH |
2 EAST |
NW1/4NW1/4, N1/2SW1/4NW1/4, |
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SW1/4SW1/4NW1/4, NW1/4NW1/4SW1/4 |
16 |
5 NORTH |
2 EAST |
NE1/4, E1/2NW1/4, SW1/4NW1/4, |
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S1/2NW1/4NW1/4, NE1/4NW1/4NW1/4, |
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N1/2SE1/4, N1/2SW1/4, SW1/4SW1/4, |
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N1/2SE1/4SW1/4, SW1/4SE1/4SW1/4 |
17 |
5 NORTH |
2 EAST |
E1/2SE1/4, NW1/4SE1/4, N1/2SW1/4SE1/4, |
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SE1/4SW1/4SE1/4, S1/2SE1/4NE1/4, |
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NW1/4SE1/4NE1/4, S1/2SW1/4NE1/4, |
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NE1/4SW1/4NE1/4 |
18 |
5 NORTH |
2 EAST |
SE1/4, N1/2NE1/4, SE1/4NE1/4, |
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N1/2SW1/4NE1/4, SE1/4SW1/4NE1/4, |
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S1/2SW1/4, SE1/4NE1/4SW1/4 |
19 |
5 NORTH |
2 EAST |
W1/2W1/2NW1/4, SE1/4NW1/4NW1/4, |
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W1/2E1/2SW1/4NW1/4, W1/2SW1/4SW1/4, |
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NW1/4NW1/4SW1/4, W1/2NE1/4NW1/4SW1/4, |
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W1/2SW1/4NW1/4SW1/4 |
20 |
5 NORTH |
2 EAST |
W1/2NW1/4NW1/4, S1/2SW1/4NW1/4, |
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NW1/4NW1/4SW1/4 |
29 |
5 NORTH |
2 EAST |
W1/2SE1/4SW1/4, N1/2SW1/4, SW1/4SW1/4, |
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NW1/4SE1/4, N1/2SW1/4SE1/4, |
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NW1/4, N1/2NE1/4, SW1/4NE1/4, |
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W1/2SE1/4NE1/4, SE1/4SE1/4NE1/4, |
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S1/2NE1/4SE1/4NE1/4 |
30 |
5 NORTH |
2 EAST |
N1/2SW1/4, SE1/4SW1/4, E1/2SW1/4SW1/4, |
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NW1/4SW1/4SW1/4, W1/2NW1/4, W1/2NE1/4NW1/4, |
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SW1/4SE1/4NW1/4, S1/2SE1/4SE1/4NW1/4, |
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NW1/4SE1/4SE1/4NW1/4, S1/2NW1/4SE1/4NW1/4, |
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NW1/4NW1/4SE1/4NW1/4, W1/2SW1/4SE1/4, |
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SW1/4NW1/4SE1/4, W1/2NW1/4NW1/4SE1/4 |
31 |
5 NORTH |
2 EAST |
SE1/4SE1/4, S1/2NE1/4SE1/4, |
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NE1/4NE1/4SE1/4 |
25 |
5 NORTH |
1 EAST |
S1/2SE1/4SE1/4, NE1/4SE1/4,SE1/4 |
35 |
5 NORTH |
1 EAST |
S1/2NE1/4NE1/4, NE1/4NE1/4NE1/4, |
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SE1/4NE1/4, NE1/4SE1/4, N1/2SE1/4SE1/4, |
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SW1/4SE1/4SE1/4, E1/2SW1/4SE1/4, |
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NW1/4SW1/4SE1/4, NW1/4SE1/4, S1/2SW1/4NE1/4, |
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NW1/4SW1/4NE1/4, S1/2SE1/4NW1/4, |
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NE1/4SE1/4NW1/4, NE1/4SW1/4, NW1/4SW1/4, |
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SE1/4SW1/4NW1/4, SW1/4SW1/4, N1/2SE1/4SW1/4, |
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SW1/4SE1/4SW1/4 |
36 |
5 NORTH |
1 EAST |
S1/2SE1/4, S1/2NW1/4SE1/4, SE1/4SW1/4, |
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SW1/4SW1/4, SW1/4NW1/4SW1/4, |
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SW1/4SW1/4NW1/4 |
4 |
4 NORTH |
2 EAST |
S1/2, W1/2NW1/4, S1/2SE1/4NW1/4, |
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NW1/4SE1/4NW1/4, NW1/4NE1/4NW1/4, |
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S1/2SE1/4NE1/4, SW1/4NE1/4NE1/4, |
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SE1/4NW1/4NE1/4, E1/2SW1/4NE1/4, |
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NW1/4SE1/4NE1/4 |
5 |
4 NORTH |
2 EAST |
N1/2NE1/4, SE1/4NE1/4, N1/2SW1/4NE1/4, |
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SE1/4SW1/4NE1/4, NE1/4SE1/4, |
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N1/2SE1/4SE1/4, SW1/4SE1/4SE1/4, |
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E1/2SW1/4SE1/4, E1/2NE1/4NW1/4, |
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NE1/4SE1/4NW1/4, NW1/4NW1/4NW1/4 |
6 |
4 NORTH |
2 EAST |
E1/2E1/2, NW1/4NE1/4, N1/2SW1/4NE1/4, |
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NE1/4NW1/4, N1/2SE1/4NW1/4, |
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SE1/4NW1/4SE1/4, E1/2SW1/4SE1/4 |
8 |
4 NORTH |
2 EAST |
W1/2W1/2, NE1/4NW1/4, W1/2SE1/4NW1/4, |
|
|
|
NE1/4SE1/4NW1/4, W1/2NE1/4SW1/4, |
|
|
|
SE1/4NE1/4SW1/4, SE1/4SW1/4, S1/2SE1/4, |
|
|
|
S1/2NW1/4SE1/4, S1/2NE1/4SE1/4 |
9 |
4 NORTH |
2 EAST |
SW1/4SW1/4, S1/2NW1/4SW1/4, |
|
|
|
SW1/4NE1/4SW1/4, NW1/4SE1/4SW1/4 |
10 |
4 NORTH |
2 EAST |
SW1/4, N1/2SE1/4, W1/2SW1/4SE1/4, |
|
|
|
NE1/4SW1/4SE1/4, W1/2NW1/4, |
|
|
|
SE1/4NW1/4, S1/2NE1/4NW1/4 |
15 |
4 NORTH |
2 EAST |
N1/2N1/2, SW1/4NW1/4, N1/2SE1/4NW1/4, |
|
|
|
SW1/4SE1/4NW1/4, N1/2NW1/4SW1/4, |
|
|
|
SE1/4NE1/4, NE1/4SE1/4, N1/2SW1/4NE1/4, |
|
|
|
SE1/4SW1/4NE1/4, E1/2SE1/4,SE1/4 |
16 |
4 NORTH |
2 EAST |
NE1/4NE1/4 |
17 |
4 NORTH |
2 EAST |
S1/2SE1/4SW1/4, |
|
|
|
SW1/4SW1/4SE1/4, |
|
|
|
SE1/4SE1/4, E1/2NE1/4SE1/4, |
|
|
|
SE1/4SE1/4NE1/4 |
20 |
4 NORTH |
2 EAST |
W1/2SW1/4, N1/2NE1/4SW1/4, N1/2N1/2SE1/4, |
|
|
|
SE1/4NW1/4, E1/2SW1/4NW1/4, SW1/4SW1/4NW1/4, |
|
|
|
SE1/4NE1/4NW1/4, S1/2NE1/4, S1/2NW1/4NE1/4, |
|
|
|
S1/2NE1/4NE1/4, NE1/4NE1/4NE1/4 |
21 |
4 NORTH |
2 EAST |
W1/2, N1/2NE1/4, N1/2SW1/4NE1/4, |
|
|
|
N1/2SE1/4NE1/4 |
22 |
4 NORTH |
2 EAST |
SW1/4, W1/2SW1/4SE1/4, NE1/4SW1/4SE1/4, |
|
|
|
NW1/4SE1/4SE1/4, SW1/4NE1/4SE1/4, |
|
|
|
S1/2NW1/4SE1/4, SE1/4NW1/4, E1/2SW1/4NW1/4 |
26 |
4 NORTH |
2 EAST |
S1/2, N1/2NW1/4, SE1/4NW1/4, |
|
|
|
SW1/4NE1/4, W1/2SE1/4NE1/4 |
27 |
4 NORTH |
|
W1/2NW1/4NW1/4, W1/2SW1/4NW1/4, |
|
|
|
NW1/4NW1/4SW1/4 |
28 |
4 NORTH |
2 EAST |
NE1/4, SE1/4NW1/4, E1/2NE1/4NW1/4, W1/2SE1/4, |
|
|
|
W1/2NE1/4SE1/4, NE1/4NE1/4SE1/4, W1/2SE1/4SE1/4, |
|
|
|
S1/2SW1/4, NE1/4SW1/4, S1/2NW1/4SW1/4 |
29 |
4 NORTH |
2 EAST |
E1/2SE1/4SE1/4, SE1/4NE1/4SE1/4 |
30 |
4 NORTH |
2 EAST |
S1/2NE1/4, E1/2SE1/4, E1/2NW1/4SE1/4, |
|
|
|
S1/2SW1/4SE1/4, NE1/4SW1/4SE1/4 |
31 |
4 NORTH |
2 EAST |
N1/2NW1/4, SW1/4NW1/4, W1/2SE1/4NW1/4, |
|
|
|
SE1/4SE1/4NW1/4, NW1/4NW1/4SW1/4 |
32 |
4 NORTH |
2 EAST |
N1/2NE1/4NE1/4 |
34 |
4 NORTH |
2 EAST |
E1/2NW1/4NW1/4, E1/2SW1/4NW1/4, |
|
|
|
E1/2NW1/4, W1/2NW1/4NE1/4, |
|
|
|
W1/2SW1/4NE1/4, W1/2NW1/4SE1/4, |
|
|
|
NE1/4SW1/4, NE1/4NW1/4SW1/4 |
35 |
4 NORTH |
2 EAST |
NE1/4NE1/4, N1/2NW1/4NE1/4, |
|
|
|
SE1/4NW1/4NE1/4 |
6 |
3 NORTH |
2 EAST |
E1/2NE1/4NE1/4, N1/2NW1/4, NW1/4NW1/4NE1/4, |
|
|
|
N1/2SW1/4NW1/4, W1/2SE1/4NW1/4 |
1 |
4 NORTH |
1 EAST |
NE1/4, N1/2NW1/4SE1/4, N1/2NE1/4SE1/4, |
|
|
|
SW1/4NW1/4SE1/4, NW1/4SW1/4SE1/4, SE1/4NW1/4, |
|
|
|
SE1/4SW1/4NW1/4, N1/2SW1/4, SW1/4SW1/4, |
|
|
|
W1/2SE1/4SW1/4, NE1/4SE1/4SW1/4 |
2 |
4 NORTH |
1 EAST |
S1/2SE1/4, S1/2SE1/4SW1/4 |
3 |
4 NORTH |
1 EAST |
NE1/4NW1/4, W1/2NW1/4NE1/4, |
|
|
|
NE1/4NW1/4NE1/4, N1/2NE1/4NE1/4 |
10 |
4 NORTH |
1 EAST |
N1/2NW1/4NW1/4 |
11 |
4 NORTH |
1 EAST |
Source: SL 1995, ch 249, § 2.
45-6B-106. Lake dredging activities license.
An operator shall obtain a license to conduct lake dredging activities in accordance with the provisions of chapter 45-6, if soils, sediments, or organic materials are to be extracted for sale or for processing for sale as potting soil, soil material, soil amendment, or soil conditioner. If licensed under chapter 45-6, such activities do not require permitting under chapter 45-6B.
Source: SL 1996, ch 262, § 1.
CHAPTER 45-6C
MINERAL EXPLORATION
45-6C-1 Citation of chapter.
45-6C-2 Legislative findings and policy.
45-6C-3 Definition of terms.
45-6C-4 Permit or surety not required by governmental office or political subdivision of state.
45-6C-5 Compliance with public land laws and this chapter.
45-6C-6 Notice of intent to conduct exploration operation--Items comprising notice.
45-6C-7 Notice form--Contents.
45-6C-8 Plan of reclamation--Contents.
45-6C-9 Map of exploration area.
45-6C-10 Notice to Department of Game, Fish and Parks--Restrictions concerning riparian habitat.
45-6C-11 Notice to state archaeologist--Restrictions concerning site disturbances.
45-6C-12 Water rights or water pollution control restrictions.
45-6C-13 Time for commencement of exploration operation.
45-6C-14 Confidential information and notice of intent protected--Violation as misdemeanor.
45-6C-15 Copies of intent and restrictions--Filing with county commissioners--Publication.
45-6C-16 Consultation with surface owner--Preferences for reclamation and travel restrictions.
45-6C-17 Fee for notice of intent.
45-6C-18 Domestic water wells--Information required of operator.
45-6C-19 Inspection of area before exploration--Surety for costs of plugging test holes and reclamation.
45-6C-20 Criteria for determining amount of surety.
45-6C-21 Surety bond--Surety other than bond--Considerations by board.
45-6C-22 Cash or securities in lieu of surety.
45-6C-23 Surety payable to state--Conditions required.
45-6C-24 Surety liability continues until released.
45-6C-25 Surety penalty--Amount.
45-6C-26 Exploration operations--Applicable laws.
45-6C-27 Explosives.
45-6C-28 Capping, sealing, and plugging of test holes--Temporary delay.
45-6C-29 Capping, sealing, and plugging test holes--Rules.
45-6C-30 45-6C-30. Repealed by SL 2013, ch 166, § 104.
45-6C-31 Test holes used for water wells.
45-6C-32 Roads and trails.
45-6C-33 Restoration of drill sites and affected land.
45-6C-34 Penetration of aquifer--Notice to board.
45-6C-35 Penetration of aquifer--Report required.
45-6C-36 Violation--Notice to operator.
45-6C-37 Violation--Cease and desist order.
45-6C-38 Violation--Hearing.
45-6C-39 Violation--Suspension of operations.
45-6C-40 Violation--Action for temporary restraining order or injunction.
45-6C-41 Violation--Forfeiture of surety--Proceedings by attorney general.
45-6C-42 Violation--Forfeiture of surety--Reclamation of land by board.
45-6C-43 Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.
45-6C-44 Operator currently in violation--Filing notice of intent prohibited.
45-6C-45 Violation--Civil penalty--Liability for damages to environment.
45-6C-46 Refusal of access or interference with inspection as violation.
45-6C-47 Jurisdiction and authority of board--Employment of personnel--Legal services provided by attorney general.
45-6C-48 Assistance provided by other departments and agencies.
45-6C-49 General powers of board.
45-6C-50 45-6C-50. Repealed by SL 2013, ch 166, § 105.
45-6C-51 Exemption of educational and recreational activities.
45-6C-52 Annual report of activities conducted under notice of intent--Information to be included.
45-6C-53 Transfer of notice of intent.
45-6C-54 Publication of application for a transfer of notice of intent--Contents.
45-6C-55 Confidentiality period of certain mineral exploration reports.
45-6C-1. Citation of chapter.
This chapter may be cited as the "South Dakota Mineral Exploration Act."
Source: SL 1982, ch 306, § 1.
45-6C-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 exploration for and discovery of these minerals by means of drilling and other methods of detecting mineral deposits are necessary for the economic development of the state and the nation. Every effort should be used to promote and encourage the exploration for mineral resources, but to prevent the waste and spoilage of the land which would deny its future use and productivity. It is the responsibility of the state to ensure that:
(1) Upon completion of an exploration operation the affected land is usable and productive to the extent possible for agricultural or recreational pursuits or future resource development; and
(2) Both during and after an exploration operation, water and other natural resources are not endangered.
Source: SL 1982, ch 306, § 2.
45-6C-3. Definition of terms.
Terms used in this chapter mean:
(1) "Affected land," the surface area, surface water, and groundwater disturbed by reason of the building of access roads or trails, leveling drill sites, storage areas, containment ponds, or other support facilities for the purpose of exploration, including the land affected by surface subsidence;
(2) "Aquifer," a water bearing bed or stratum of permeable rock, sand, or gravel capable of yielding usable quantities of water to wells or springs;
(3) "Board," the Board of Minerals and Environment;
(4) "Bulk samples," the removal of not more than five thousand tons of mineralized material by means of a shaft, adit, or test open pit to determine the economic feasibility of conducting a mining operation;
(5) "Department," the Department of Agriculture and Natural Resources;
(6) "Exploration operation," the act of searching for or investigating a mineral deposit, including sinking shafts, tunneling, drilling test holes, digging pits or cuts, or other works for the purpose of extracting samples, including bulk samples, prior to commencement of development or extraction operations, and test facilities to prove the commercial grade of a mineralized deposit. The term does not include those activities which cause very little or no surface disturbance, such as exploration by auger or drill of test holes of less than fifty feet in depth and less than seven inches in diameter for sand, limestone, gypsum, shale, or iron ore for use in the process of making cement or nonexplosive seismic energy sources, airborne surveys and photographs, augered bentonite or augered construction aggregate test holes of less than fifty feet in depth when accomplished in conformance with §§ 45-6C-28 and 45-6C-32, use of instruments or devices which are hand carried or otherwise transported over the surface to make magnetic, radioactive, or other tests and measurements, boundary or claim surveying, location work, annual assessment work required to maintain the validity of a mineral claim or any other work which causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not exploring for mineral deposits;
(7) "Mineral," any substance with economic value, whether organic or inorganic, that can be extracted from the earth, including oil and gas, but excluding uranium and water;
(8) "Operator," any person, firm, partnership, limited liability company, association or corporation, or any department, division, or agency of federal, state, county, or municipal government engaged in or controlling a mineral exploration operation;
(9) "Reclamation," the employment during and after an exploration operation of procedures reasonably designed to minimize the disruption from the exploration operation and to provide for the rehabilitation of plant cover, soil stability, water resources, or other measures appropriate to the subsequent beneficial use of such explored land;
(10) "Test hole," a well, core hole, core test, observation well, or other well drilled from the surface to determine the presence of mineral, mineral resource, ore, coal, or rock unit, or to obtain geological or geophysical information or other subsurface data, including holes drilled for purposes of seismic survey, but excluding drilling in conjunction with mining or quarry operations and structural foundations and oil and gas wells regulated pursuant to chapter 45-9.
Source: SL 1982, ch 306, § 3; SL 1985, ch 341; SL 1990, ch 354, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 108; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-4. Permit or surety not required by governmental office or political subdivision of state.
No governmental office of any political subdivision of the state has the authority to require or issue a permit or to require any surety for exploration operations.
Source: SL 1982, ch 306, § 4.
45-6C-5. Compliance with public land laws and this chapter.
All exploration operations on state owned land shall comply with the applicable prospecting and exploration permit requirements of chapter 5-7 and this chapter.
Source: SL 1982, ch 306, § 5.
45-6C-6. Notice of intent to conduct exploration operation--Items comprising notice.
Any person desiring to conduct an exploration operation shall file with the Department of Agriculture and Natural Resources a notice of intent to conduct an exploration operation on a form approved by the Board of Minerals and Environment. Each notice of intent shall be limited to sixteen contiguous townships.
The notice of intent shall include the following:
(1) A notice form pursuant to § 45-6C-7;
(2) A plan of reclamation pursuant to § 45-6C-8;
(3) A map pursuant to § 45-6C-9; and
(4) A fee pursuant to § 45-6C-17.
Source: SL 1982, ch 306, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-7. Notice form--Contents.
The notice form shall contain:
(1) The name of the operator who intends to conduct the mineral exploration operation;
(2) The operator's address and principle place of business;
(3) The name and address of the resident agent for the service of process on the operator;
(4) A statement that the mineral exploration operation will be conducted pursuant to and subject to the provisions of this chapter;
(5) A brief description of the type of mineral exploration operation to be conducted;
(6) The legal description of the land to be explored by section, township, and range;
(7) The approximate date upon which the operation will commence;
(8) A statement that the applicant has the authority to conduct an exploration operation on the lands described in the application;
(9) The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant such access to the Board of Minerals and Environment or its agents to the area under application from the date of the application and thereafter for such time as is necessary to assure compliance with the provisions of this chapter.
Source: SL 1982, ch 306, § 7.
45-6C-8. Plan of reclamation--Contents.
The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is mandatory on all affected lands. The reclamation plan shall include:
(1) A description of the type of reclamation the operator proposes to achieve in the reclamation of the affected land;
(2) A proposed timetable for seeding and replanting indicating when and how the reclamation plan will be implemented. Such timetable shall be developed after consulting the local conservation district as to the nature of the soils and native vegetation in the area of the proposed exploration operation. The recommendations of the local conservation district shall be followed if any are provided;
(3) A narrative description of how the reclamation plan will rehabilitate the affected land;
(4) A narrative description of the temporary and permanent plugging and capping procedure to be used;
(5) The estimated cost of implementing and completing the proposed reclamation and the estimated cost of plugging and sealing each test hole pursuant to the provisions of §§ 45-6C-28 and 45-6C-29.
Source: SL 1982, ch 306, § 8.
45-6C-9. Map of exploration area.
The applicant shall submit with the notice of intent a map, topographic map if available, of the proposed exploration area and of the adjacent one-half mile area surrounding the proposed exploration area. The map shall identify the location of all known natural springs, lakes, ponds, reservoirs, water pipelines, earthen dams, private and public water wells, buildings, proposed or existing roads or trails, and the tentative test hole locations within one-fourth of one-fourth of a section. Where closely placed test holes are anticipated, an outline of that area shall be indicated in lieu of identifying each test hole location. The scale of such map shall be not more than one to twenty-five thousand. Such map shall clearly present the required information. Submission of the most recent United States geological survey maps, if available, is adequate and the operator shall clearly identify the information required by this section on the map.
Source: SL 1982, ch 306, § 9.
45-6C-10. Notice to Department of Game, Fish and Parks--Restrictions concerning riparian habitat.
Upon receipt of a notice of intent to conduct an exploration operation, the Department of Agriculture and Natural Resources shall notify the Department of Game, Fish and Parks of the area proposed for the exploration operation. The operator shall abide by any reasonable restrictions subject to review and approval by the Board of Minerals and Environment at the request of the operator concerning riparian habitat or threatened or endangered species as notified, in writing, by that department within thirty days of the filing of the notice. Restriction concerning riparian habitat for exploration activities are limited to such habitat located within one hundred feet of each stream bank. Such restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area. Revegetation of the riparian habitat area shall be agreed upon by the Department of Game, Fish and Parks before notifying the operator. A copy of any such restrictions shall be filed with the department by the Department of Game, Fish and Parks.
Source: SL 1982, ch 306, § 10; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
45-6C-11. Notice to state archaeologist--Restrictions concerning site disturbances.
Upon receipt of a notice of intent to conduct an exploration operation, the Department of Agriculture and Natural Resources shall notify the state archaeologist of the Department of Education of the area proposed for the exploration operation. The operator shall abide by any restrictions concerning site disturbances as notified, in writing, by the state archaeologist within thirty days of the filing of the notice. A copy of any such restrictions shall be filed with the department by the state archaeologist.
Source: SL 1982, ch 306, § 11; SL 2003, ch 272, § 63; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-12. Water rights or water pollution control restrictions.
The operator shall abide by any restrictions regarding water rights or water pollution control as notified, in writing, by the Department of Agriculture and Natural Resources within thirty days of the filing of the notice.
Source: SL 1982, ch 306, § 12; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-13. Time for commencement of exploration operation.
The operator may commence the exploration operation upon receipt of the written restrictions provided for in §§ 45-6C-10 to 45-6C-12, inclusive. The department may not issue written restrictions until the operator posts surety pursuant to § 45-6C-19.
Source: SL 1982, ch 306, § 13; SL 2024, ch 181, § 6.
45-6C-14. Confidential information and notice of intent protected--Violation as misdemeanor.
Information provided to the state agencies in the notice of intent to conduct an exploration shall be public information, except that the tentative test hole locations required by § 45-6C-9 and the location of completed test holes are confidential for two years after the completion of the exploration operation. A person who knowingly violates the provisions of this section is guilty of a Class 2 misdemeanor.
Source: SL 1982, ch 306, § 14.
45-6C-15. Copies of intent and restrictions--Filing with county commissioners--Publication.
The Department of Agriculture and Natural Resources, upon receipt of a notice of intent to conduct an exploration operation, shall immediately file a copy of such notice with the board of county commissioners of the affected county, along with any restrictions imposed by the Department of Game, Fish and Parks, the state archaeologist, or the department. The department shall also cause a notice of the filing of a notice of intent to conduct an exploration operation to be published in a newspaper of general circulation in the locality of the planned exploration operation within ten days after the notice of intent is filed with the department. Such notice shall contain the identity and address of the operator and resident agent, a brief description of the type of mineral exploration operation to be conducted, the legal description of the land to be explored, the approximate date upon which the operation will commence, and the location where additional information about the proposed exploration operation may be obtained.
Source: SL 1982, ch 306, § 15; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-16. Consultation with surface owner--Preferences for reclamation and travel restrictions.
Before the operator may enter upon the surface of land proposed to be explored, the operator shall consult with the surface owner and person in possession of the surface, if other than the owner, and provide such persons with the opportunity to designate, in writing, preferences for the reclamation of the affected land. A copy of such preferences shall be filed by the operator with the Department of Agriculture and Natural Resources and considered by the applicant. The owner may also specify, in writing, reasonable restrictions regarding travel areas on the property and further specify that travel under extreme moisture conditions will be avoided. A copy of such reasonable restrictions shall be filed by the operator with the department and are binding on the operator. Such consultations may be conducted prior to commencing the exploration operation or during various phases of the exploration operation.
Source: SL 1982, ch 306, § 16; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-17. Fee for notice of intent.
A fee of two hundred fifty dollars shall accompany the notice of intent.
Source: SL 1982, ch 306, § 17.
45-6C-18. Domestic water wells--Information required of operator.
The Board of Minerals and Environment may require the operator to provide, prior to commencing or during the course of an exploration operation, water quality information concerning designated domestic water wells within one-half mile of the proposed exploration area. If the operator is refused access to any well, the operator shall notify, in writing, the Department of Agriculture and Natural Resources of such refusal and may not be required thereafter to provide any information concerning such well.
Source: SL 1982, ch 306, § 18; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-19. Inspection of area before exploration--Surety for costs of plugging test holes and reclamation.
The department may inspect the area proposed to be explored. Based upon this inspection, the criteria established in § 45-6C-20, and the submitted reclamation plan, the department shall set the level of the surety necessary to guarantee the costs of plugging all the proposed test holes and reclamation of affected public and private lands.
The operator shall file or deposit the surety with the department, in a form required by the department, before commencing the exploration operation.
In lieu of filing or depositing a surety for each exploration operation, the operator may post a surety in the amount of one hundred thousand dollars for statewide exploration. If a statewide surety is posted, the person posting the surety must otherwise comply with the provisions of this chapter for every area to be explored.
Source: SL 1982, ch 306, § 19; SL 1987, ch 323, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2024, ch 181, § 7.
45-6C-20. Criteria for determining amount of surety.
Criteria which shall be considered to determine the amount of surety necessary to guarantee the costs of reclamation of affected public and private lands and facilities include:
(1) Potential damages to unique and natural historical sites, springs, natural or man-made water storage and transport facilities, domestic and public water wells and water supply, waste water transport, storage and treatment facilities, or crops;
(2) Topography;
(3) Climatic, soil, and vegetative conditions;
(4) Estimated costs per test hole site to reclaim disturbed surface areas; and
(5) Estimated cost per test hole site to plug each test hole.
Source: SL 1982, ch 306, § 20; SL 2011, ch 165, § 211.
45-6C-21. 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 306, § 21; SL 2011, ch 165, § 212.
45-6C-22. 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 § 45-6C-23.
Source: SL 1982, ch 306, § 22.
45-6C-23. Surety payable to state--Conditions required.
The surety provided for by § 45-6C-19 shall be payable to the State of South Dakota and conditioned upon the operator's faithful performance of all requirements of this chapter. If a corporate surety bond is required, such bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21. Such surety shall remain in effect until the test hole plugging and reclamation are approved by the Board of Minerals and Environment and the surety is released by the board. At least thirty days prior to the release of the surety, the Department of Agriculture and Natural Resources shall notify the board of county commissioners of the affected county and the surface owner or lessee of the affected land, if other than the mineral owner, of the proposed surety release.
Source: SL 1982, ch 306, § 23; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-24. 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 306, § 24.
45-6C-25. Surety penalty--Amount.
The penalty of the required surety shall be in an amount sufficient to cover the cost of plugging ten percent of the proposed test holes and reclamation as determined pursuant to § 45-6C-23.
Source: SL 1982, ch 306, § 25.
45-6C-26. Exploration operations--Applicable laws.
Every operator who files notice of intent to conduct an exploration operation may engage in the exploration operation upon the affected lands described in the notice of intent to conduct an exploration operation, upon the performance of and subject to §§ 45-6C-27 to 45-6C-34, inclusive, with respect to such lands.
Source: SL 1982, ch 306, § 26.
45-6C-27. Explosives.
No exploration operations involving the use of explosives may be conducted within one-quarter mile of a flowing water well or a domestic water well unless permission is granted, in writing, by the owner of such well. An operator violating this section is strictly liable for any damage to such water well. The owner of the water well is responsible for establishing the volumetric production and water quality of the well prior to the violation.
Source: SL 1982, ch 306, § 27.
45-6C-28. Capping, sealing, and plugging of test holes--Temporary delay.
The operator shall cap, seal, and plug each test hole sunk for exploratory purposes on all public and private lands within the state immediately following the drilling and probing. An operator may apply, in writing, to the Board of Minerals and Environment for permission to temporarily keep the test hole open. The board may, in its discretion, allow the operator a temporary delay, if the test hole is securely covered in a manner which will prevent injury to persons or animals and marked in a manner approved by the board.
Source: SL 1982, ch 306, § 28; SL 1983, ch 311.
45-6C-29. Capping, sealing, and plugging test holes--Rules.
The Board of Minerals and Environment shall promulgate rules, pursuant to chapter 1-26, to regulate the capping, sealing, and plugging of all test holes drilled pursuant to this chapter. Such rules shall provide for the capping, sealing, and plugging of all such test holes, the prevention of any artesian flow of groundwater toward the surface, and the prevention of fluid communication between aquifers.
Source: SL 1982, ch 306, § 29.
45-6C-31. Test holes used for water wells.
If any test holes drilled are to be ultimately used or are to be converted to water wells, the user shall comply with the provisions of chapter 46-6.
Source: SL 1982, ch 306, § 31.
45-6C-32. Roads and trails.
The operator shall construct all roads and trails developed for the exploration project to minimize sedimentation and erosion by the placement of water bars and similar structures, road placement on the contour, revegetation of roadwork and embankment slopes, or by using other necessary methods.
Source: SL 1982, ch 306, § 32.
45-6C-33. Restoration of drill sites and affected land.
The operator shall restore each drill site and other affected land as nearly as possible to its original condition including backfilling all mudpits, scattering any drill cuttings left on the surface, reseeding the drill site and approach trails, removing shot wire, or other action as may be necessary.
Source: SL 1982, ch 306, § 33; SL 2011, ch 165, § 213.
45-6C-34. Penetration of aquifer--Notice to board.
The operator shall notify, in writing, the Board of Minerals and Environment of the penetration of an aquifer and the location of the test hole penetrating such aquifer as soon as practically possible, but not more than ninety days after penetration. The board may waive this requirement if, after consultation with the state geologist, the board determines that further hydrological information is no longer necessary from a particular area of the exploration operation or from the entire area of the exploration operation.
Source: SL 1982, ch 306, § 34.
45-6C-35. Penetration of aquifer--Report required.
The operator shall submit, upon completion of the exploration operation, a clear and complete report identifying all test holes which have penetrated an aquifer, the depth of the aquifer, and the method used to plug each such test hole. The information contained in the report is not confidential. However, the Board of Minerals and Environment and the Department of Agriculture and Natural Resources shall keep the source of the information confidential. Further, the operator shall submit a report identifying the location of all test holes with sufficient information to allow the department to locate such test holes.
Source: SL 1982, ch 306, § 35; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-36. Violation--Notice to operator.
If the secretary of agriculture and natural resources has reason to believe that a violation 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 306, § 36; SL 1991, ch 17 (Ex. Ord. 91-4), § 21; SL 2011, ch 165, § 214; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-37. Violation--Cease and desist order.
If the secretary of agriculture and natural resources determines that a violation of any provision of this chapter exists, the board, not less than forty-eight hours after service of the notice required by § 45-6C-36, may issue a cease and desist order. Such 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 must be terminated and shall recommend possible corrective action. Such order shall be served personally or by registered mail upon the alleged violator or his agent for service of process.
Source: SL 1982, ch 306, § 37; SL 1991, ch 17 (Ex. Ord. 91-4), § 21; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-38. 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 306, § 38.
45-6C-39. Violation--Suspension of operations.
Upon a determination, after hearing, that a violation of this chapter has occurred, the Board of Minerals and Environment may order the operator to suspend all exploration operations within the state. If the board issues such order, the operator may continue the exploration operation only for the purpose of bringing the exploration operation into satisfactory compliance with the provisions of this chapter. Once such operations are completed to the satisfaction of the board, the board shall revoke its order suspending the exploration operations of the operator.
Source: SL 1982, ch 306, § 39.
45-6C-40. 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. Suits under this section shall be brought in the circuit court for the county where the alleged violation occurs.
Source: SL 1982, ch 306, § 40.
45-6C-41. 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 § 45-6C-37. Before making such request of the attorney general, the board shall notify the operator in writing of the alleged violation of or noncompliance with such order and shall afford the operator the right to appear before the board at a hearing to be held not less than thirty days after the receipt of such notice by the operator. At the hearing the operator may present for the consideration of the board statements, documents, and other information with respect to the alleged violation. After the conclusion of the hearings, the board shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the surety of the operator forfeited as to the land involved. A corporate surety shall have the option to reclaim the lands in question, plug the appropriate test holes, or forfeit the bond penalty.
Source: SL 1982, ch 306, § 41.
45-6C-42. Violation--Forfeiture of surety--Reclamation of land by board.
The Board of Minerals and Environment shall plug and 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 306, § 42.
45-6C-43. Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.
All fees received by the Department of Agriculture and Natural Resources shall be deposited by the department in the environment and natural resources fee fund established pursuant to § 1-41-23. The proceeds of any surety forfeiture proceedings conducted pursuant to § 45-6C-41 shall be deposited with the state treasurer in a special revenue fund for reclamation purposes. The revenue fund is continuously appropriated to the Board of Minerals and Environment for the reclamation of affected lands which were obligated to be reclaimed. 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 306, § 43; SL 1994, ch 23, § 7; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
45-6C-44. Operator currently in violation--Filing notice of intent prohibited.
Any operator who is currently found to be in violation of the provisions of this chapter with respect to any operation in this state may not file a notice of intent to conduct an exploration operation. The Department of Agriculture and Natural Resources shall return any such attempted filing. Such notice is null and void.
Source: SL 1982, ch 306, § 44; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-45. Violation--Civil penalty--Liability for damages to environment.
Any person who violates any provision of this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day which such violation occurs, or is liable for damages to the environment of this state, or both. This penalty is in addition to any other penalties authorized.
Source: SL 1982, ch 306, § 45; SL 1988, ch 291, § 22.
45-6C-46. Refusal of access or interference with inspection as violation.
It is a violation of this chapter 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 shall any person obstruct, hamper, or interfere with any such investigation. If requested, the operator of the exploration site shall receive a report setting forth the observations made by the person making the inspection which relate to compliance with this chapter.
Source: SL 1982, ch 306, § 46.
45-6C-47. 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 306, § 47; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6C-48. 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 local conservation districts 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 306, § 48; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 51, 53, eff. Apr. 19, 2021.
45-6C-49. 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 plugging and reclamation;
(3) Carry out plugging of test holes and reclamation of affected lands.
Source: SL 1982, ch 306, § 49.
45-6C-51. 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 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, § 3; SL 2011, ch 165, § 215.
45-6C-52. Annual report of activities conducted under notice of intent--Information to be included.
For each exploration notice of intent held by an operator, an annual report of activities conducted under the notice shall be submitted to the department by January first of each year. Any operator holding more than one notice may submit a single annual report describing activities conducted under all such notices. The annual report shall include the following information:
(1) The total number of drill holes, trenches, bulk sampling sites, or shot holes allowed by the notice;
(2) The total number of drill holes, trenches, bulk sampling sites, or shot holes completed during the previous year under the notice;
(3) The total amount of surface disturbance created as the result of conducting exploration activities under the notice;
(4) The total number of drill or shot holes plugged and reclaimed during the previous year including the method used to plug each hole;
(5) The total amount of surface disturbance reclaimed during the previous year;
(6) The total amount of surface disturbance remaining to be reclaimed;
(7) The total number of drill or shot holes remaining to be plugged and reclaimed; and
(8) A description of the coming year's activities to be conducted under the notice.
The annual report shall be accompanied by a map of sufficient detail to clearly depict the information required in the annual report.
Source: SL 1992, ch 254, § 6.
45-6C-53. Transfer of notice of intent.
Any exploration notice of intent may be transferred. If one operator succeeds another at any uncompleted exploration 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, notice restrictions, mining permit conditions, or requirements with respect to any exploration or mining operation in the state. The board shall release the first operator from reclamation liability as to that particular exploration operation and shall release the first operator's surety posted to cover the costs of reclamation 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 not completed by the first operator and reclamation of any additional lands affected under the notice. The obligation to complete this reclamation shall be covered by an appropriate surety. The successor may only conduct exploration work authorized in the notice and shall comply with the terms and conditions established when the original notice was issued. Notice of a transfer shall be given to the board and shall be accompanied by a two hundred fifty dollar transfer fee.
Source: SL 1993, ch 333, § 1; SL 2011, ch 165, § 216.
45-6C-54. Publication of application for a transfer of notice of intent--Contents.
The applicant shall cause notice of the filing of his application for a transfer to be published in a newspaper of general circulation in the locality of the proposed exploration operation within ten days after the application of transfer is received by the department. Such notice shall contain the identity and address of the first operator and resident agent and successor operator and resident agent, a brief description of the type of mineral exploration to be conducted, the legal description of the land to be explored, the approximate date upon which the operation will commence and location where additional information about the proposed exploration operation may be obtained. Proof of such publication, such as an affidavit of publication, shall be provided to the department and become a part of the transfer application.
Source: SL 1993, ch 333, § 2.
45-6C-55. Confidentiality period of certain mineral exploration reports.
Any written geologic report, aquifer penetration report, map, test hole log, or other information relative to the geologic data, size, extent, or economic value of a mineral deposit filed with the state by a person who conducted a mineral exploration operation which was initiated or permitted before July 1, 1982, is confidential for a period of six months following July 1, 2008. Any person who filed such reports or information may request the secretary of agriculture and natural resources, in writing, to extend the six month confidentiality period by up to five years. The information becomes public following the confidentiality period.
Source: SL 2008, ch 229, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6D-1
Citation of chapter.
45-6D-2
Legislative findings and policy.
45-6D-3
Definition of terms.
45-6D-4
Permit or surety not required by governmental office or political subdivision.
45-6D-5
Laws applicable to operations on state-owned land.
45-6D-6
Application for permit for exploration operations--Items comprising application.
45-6D-7
Application form--Contents.
45-6D-8
Reclamation plan required.
45-6D-9
Reclamation plan--Contents.
45-6D-10
Map of permit area.
45-6D-11
Copy of application filed with register of deeds--Public inspection.
45-6D-12
Notice of application--Publication.
45-6D-13
Notice to Department of Game, Fish and Parks--Restrictions concerning riparian
habitat.
45-6D-14
Notice to state archaeologist--Restrictions concerning site disturbances.
45-6D-15
Confidential information in application protected--Violation as misdemeanor.
45-6D-16
Consultation with surface owner--Restrictions of owner.
45-6D-17
Domestic water wells--Information required of operator.
45-6D-18
Fee for application.
45-6D-19
Inspection of area prior to issuance or renewal of permit--Surety for costs of plugging
test holes and reclamation.
45-6D-20
Criteria for determining amount of surety.
45-6D-21
Surety bond--Surety other than bond--Considerations by board.
45-6D-22
Cash or securities in lieu of surety.
45-6D-23
Surety payable to state--Conditions required.
45-6D-24
Surety liability continues until released.
45-6D-25
Surety penalty--Amount.
45-6D-26
Objections--Statements in support of application--Notice and hearing.
45-6D-27
County request for hearing on application.
45-6D-28
Hearing on application--Notice--Time for decision.
45-6D-29
Grant of permit if application in compliance with law--Grounds for denial.
45-6D-30
Term of permit--Triennial renewal.
45-6D-31
Notice to county commissioners of approval of or denial of permit or renewal.
45-6D-32
Exploration operations--Applicable laws.
45-6D-33
Capping, sealing, and plugging test holes--Temporary delay.
45-6D-34
Capping, sealing, and plugging test holes--Rules.
45-6D-35
Repealed.
45-6D-36
Test holes converted to water wells.
45-6D-37
Roads and trails.
45-6D-38
Restoration of drill sites and affected land.
45-6D-39
Penetration of aquifer--Notice to board.
45-6D-40
Penetration of aquifer--Report required.
45-6D-41
Geological conditions--Report required.
45-6D-42
Geological conditions reports confidential--Violation as misdemeanor.
45-6D-43
Renewal of permit--Information required.
45-6D-44
Renewal of permit--Notice of application.
45-6D-45
Renewal of permit--Confidentiality of required information.
45-6D-1. Citation of chapter.
This chapter may be cited as the "South Dakota Uranium Exploration Act."
Source: SL 1982, ch 307, § 1.
45-6D-2. Legislative findings and policy.
The relatively unknown and as yet largely undeveloped uranium resources of this state consist in major proportion of uranium below the surface. The exploration for and discovery of uranium by means of drilling and other methods of detecting such deposits are important to the economic development of the state and the nation. Every effort should be used to prevent the waste and spoilage of the land which would deny its future use and productivity. Proper safeguards must be provided by the state to ensure that the health and safety of the people are not endangered and that upon completion of a uranium exploration operation the affected land is usable and productive to the extent possible for agricultural or recreational pursuits or future resource development; that both during and after a uranium exploration operation, water and other natural resources are not endangered; and that esthetics and a tax base are maintained, all for the health, safety, and general welfare of the people of the state.
Source: SL 1982, ch 307, § 2.
45-6D-3. Definition of terms.
Terms used in this chapter mean:
(1) "Affected land," the surface area disturbed by reason of the building of access roads or trails, leveling drill sites, storage areas, containment ponds, or other support facilities for the purpose of exploration, including the land affected by surface subsidence;
(2) "Aquifer," a water bearing bed or stratum of permeable rock, sand, or gravel capable of yielding usable quantities of water to wells or springs;
(3) "Board," Board of Minerals and Environment;
(4) "Bulk samples," the removal of not more than five thousand tons of mineralized material by means of a shaft, adit, or test open pit to determine the economic feasibility of conducting a mining operation;
(5) "Department," Department of Agriculture and Natural Resources;
(6) "Operator," any person, firm, partnership, limited liability company, association, or corporation, or any department, division, or agency of federal, state, county, or municipal government engaged in or controlling a uranium exploration operation;
(7) "Reclamation," the employment during and after a uranium exploration operation of procedures reasonably designed to minimize the disruption from the uranium exploration operation and to provide for the rehabilitation of plant cover, soil stability, water resources, or other measures appropriate to the subsequent beneficial use of such explored land;
(8) "Test hole," a well, core hole, core test, observation well, or other well drilled from the surface to determine the presence of uranium or uranium resources;
(9) "Uranium," the chemical element "u";
(10) "Uranium exploration operation," the act of searching for or investigating a uranium deposit, including sinking shafts, tunneling, drilling test holes, digging pits, or cuts or other works for the purpose of extracting samples, including bulk samples, before commencement of development or extraction operations and test facilities to prove the commercial grade of a uranium deposit. The term does not include those activities which cause very little or no surface disturbance, such as airborne surveys and photographs, use of instruments or devices which are hand carried or otherwise transported over the surface to make magnetic, radioactive, or other tests and measurements, boundary or claim surveying, location work, annual assessment work required to maintain the validity of a mineral claim or any other work which causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not exploring for uranium deposits.
Source: SL 1982, ch 307, § 3; SL 1994, ch 351, § 109; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6D-4. Permit or surety not required by governmental office or political subdivision.
No governmental office of any political subdivision of the state has the authority to require or issue a permit or to require any surety for a uranium exploration operation.
Source: SL 1982, ch 307, § 4.
45-6D-5. Laws applicable to operations on state-owned land.
All uranium exploration operations on state-owned land shall comply with the applicable prospecting and exploration permit requirements of chapter 5-7 and this chapter.
Source: SL 1982, ch 307, § 5.
45-6D-6. Application for permit for exploration operations--Items comprising application.
Any person desiring to conduct a uranium exploration operation shall, prior to entry on the land, file with the Board of Minerals and Environment an application and receive a permit to conduct a uranium exploration operation on a form approved by the board. Each uranium exploration operation application shall be limited to sixteen contiguous townships.
An application for a permit shall include the following:
(1) An application form pursuant to § 45-6D-7;
(2) A plan of reclamation pursuant to § 45-6D-9;
(3) A map pursuant to § 45-6D-10; and
(4) A fee pursuant to § 45-6D-18.
Any person conducting uranium exploration activities that are not included within the scope of a uranium exploration operation is not required to file an application or receive an exploration operation permit required by this chapter.
Source: SL 1982, ch 307, § 6.
45-6D-7. Application form--Contents.
The application form shall contain:
(1) The name of the operator who intends to conduct the uranium exploration operation;
(2) The operator's address and principle place of business;
(3) The name and address of the resident agent for the service of process on the operator;
(4) A statement that the uranium exploration operation will be conducted pursuant to the terms and conditions listed on the approved permit;
(5) A brief description of the type of uranium exploration operation to be conducted;
(6) The legal description of the land to be explored by section, township, and range;
(7) The approximate date upon which the uranium exploration operation will commence;
(8) A statement that the applicant has the authority to conduct a uranium operation on the lands described in the application;
(9) The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant such access to the Board of Minerals and Environment or its agents to the area under application from the date of the application and thereafter for such time as is necessary to assure compliance with all provisions of this chapter or any rule, order, or decision promulgated hereunder.
Source: SL 1982, ch 307, § 7.
45-6D-8. Reclamation plan required.
The applicant shall submit a plan of reclamation which shall be approved by the Board of Minerals and Environment before a uranium exploration operation permit may be issued.
Source: SL 1982, ch 307, § 8.
45-6D-9. Reclamation plan--Contents.
The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is mandatory on all affected lands. The reclamation plan shall include the following:
(1) A description of the type of reclamation the operator proposes to achieve in the reclamation of the affected land;
(2) A proposed timetable for seeding and replanting indicating when and how the reclamation plan will be implemented. Such timetable shall be developed after consulting the local conservation district as to the nature of the soils and native vegetation in the area of the proposed exploration operation. The recommendations of the local conservation district shall be followed if any are provided;
(3) A narrative description of how the reclamation plan will rehabilitate the affected land;
(4) A narrative description of the temporary and permanent plugging and capping procedure to be used;
(5) The estimated cost of implementing and completing the proposed reclamation and the estimated cost of plugging and sealing each test hole pursuant to the provisions of §§ 45-6D-33 and 45-6D-34.
Source: SL 1982, ch 307, § 9.
45-6D-10. Map of permit area.
The applicant shall submit with the application a map, topographic map if available, of the proposed permit area and of the adjacent one-half mile area surrounding the proposed permit area. The map shall identify the location of all known natural springs, lakes, ponds, reservoirs, water pipelines, earthen dams, private and public water wells, buildings, proposed or existing roads or trails, and the tentative test hole locations within one-fourth of one-fourth of a section. Where closely placed test holes are anticipated, an outline of that area shall be indicated in lieu of identifying each test hole location. The scale of such map shall be not more than one to twenty-five thousand. Such map shall clearly present the required information. Submission of the most recent United States geological survey maps, if available, is adequate and the operator shall clearly identify the information required by this section on the map.
Source: SL 1982, ch 307, § 10.
45-6D-11. Copy of application filed with register of deeds--Public inspection.
The applicant shall file a copy of the application required by § 45-6D-6 with the register of deeds in each county within which the uranium exploration operation is intended to be located. The register of deeds shall make the application available to public inspection for seventy-five days after filing. At the completion of such time, the application may be returned to the applicant or destroyed. Confidential information exempted by § 45-6D-15 shall be deleted by the applicant from all copies available for public inspection.
Source: SL 1982, ch 307, § 11.
45-6D-12. 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 uranium exploration operation once a week for two consecutive weeks, commencing not more than ten days after the filing of his application with the Board of Minerals and Environment. Such notice, prepared by the Department of Agriculture and Natural Resources, shall contain the identity and address of the applicant and resident agent, the general location of the proposed uranium exploration operation, the proposed dates of commencement and completion of the operation, the location where additional information about the operation may be obtained, and the location and final date for filing objections with the board.
Source: SL 1982, ch 307, § 12; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6D-13. Notice to Department of Game, Fish and Parks--Restrictions concerning riparian habitat.
The Board of Minerals and Environment shall notify the Department of Game, Fish and Parks of the area proposed for the uranium exploration operation and any modifications proposed in a renewal application. The board shall include any restrictions concerning riparian habitat or threatened or endangered species as notified, in writing, by that department within the terms and conditions of an approved or renewed permit. 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 as notified by that department. Restrictions concerning riparian habitat for exploration 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. Revegetation of the riparian habitat area shall be agreed upon by both the Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources before notifying the operator.
Source: SL 1982, ch 307, § 13; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
45-6D-14. Notice to state archaeologist--Restrictions concerning site disturbances.
The Board of Minerals and Environment shall notify the state archaeologist of the Department of Education of the area proposed for the uranium exploration operation and any modifications proposed in a renewal application. The board shall include any restrictions concerning site disturbances as notified, in writing, by the state archaeologist within the terms and conditions of an approved or renewed permit.
Source: SL 1982, ch 307, § 14; SL 2003, ch 272, § 63.
45-6D-15. Confidential information in application protected--Violation as misdemeanor.
Information provided to the Board of Minerals and Environment in an application for an exploration operation permit relating to the location of test holes and marked confidential by the operator shall be protected as confidential information by the board and not be a matter of public record in the absence of a written release from the operator. A person who knowingly violates the provisions of this section is guilty of a Class 2 misdemeanor.
Source: SL 1982, ch 307, § 15.
45-6D-16. Consultation with surface owner--Restrictions of owner.
During the preparation of the reclamation plan required by § 45-6D-8, the applicant shall consult with the surface owner and person in possession of the surface, if other than the owner, and provide such persons with the opportunity to designate, in writing, preferences for the reclamation of the affected land. A copy of such preferences shall be submitted with the application and be considered by the applicant and the Board of Minerals and Environment. The owner may also specify, in writing, reasonable restriction regarding travel areas on the property which will result in minimal soil erosion and further specify that travel under extreme moisture conditions will be avoided. A copy of such reasonable restrictions shall be filed with the application and become part of the terms and conditions of an approved permit. If the applicant does not receive any such written material from the owner, the applicant shall execute an affidavit stating that consultation with the land owner was conducted and that no written materials have been received. Such affidavit shall be filed with the application.
Source: SL 1982, ch 307, § 16.
45-6D-17. Domestic water wells--Information required of operator.
The Board of Minerals and Environment may require the operator, prior to commencing a uranium exploration operation, to provide water quality information concerning designated domestic water wells within the proposed permit area or within one-half mile of the proposed permit area. If the operator is refused access to any water well, the operator shall notify, in writing, the board of such refusal and may not be required thereafter to provide any information concerning such well.
Source: SL 1982, ch 307, § 17.
45-6D-18. Fee for application.
The application fee for a uranium exploration operation permit is five hundred dollars and shall accompany the application.
Source: SL 1982, ch 307, § 18.
45-6D-19. Inspection of area prior to issuance or renewal of permit--Surety for costs of plugging test holes and reclamation.
Prior to the issuance of a uranium exploration operation permit or renewal of a uranium exploration operation permit the Board of Minerals and Environment shall cause an inspection to be made of the area proposed to be explored. Based upon this inspection, the criteria established in § 45-6D-20, and the submitted reclamation plan, the board shall set the level of the surety necessary to guarantee the costs of plugging all of the proposed test holes and reclamation of affected public and private lands. The surety shall be filed or deposited with the board before the issuance of the uranium exploration operation permit in such form as required by the board.
Source: SL 1982, ch 307, § 19; SL 2006, ch 224, § 1.
45-6D-20. Criteria for determining amount of surety.
Criteria which shall be considered to determine the amount of surety necessary to guarantee the costs of reclamation of affected public and private lands and facilities include:
(1) Potential damages to unique and natural historical sites, springs, natural or man made water storage and transport facilities, domestic and public water wells and water supply, waste water transport, storage and treatment facilities or crops;
(2) Topography;
(3) Climatic, soil, and vegetative conditions;
(4) Estimated costs per test hole site to reclaim disturbed surface areas; and
(5) Estimated cost per test hole site to plug each test hole.
Source: SL 1982, ch 307, § 20; SL 2011, ch 165, § 217.
45-6D-21. 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 307, § 21; SL 2011, ch 165, § 218.
45-6D-22. 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 § 45-6D-23.
Source: SL 1982, ch 307, § 22.
45-6D-23. Surety payable to state--Conditions required.
The surety provided for by § 45-6D-19 shall be payable to the State of South Dakota and conditioned upon the operator's faithful performance of all requirements of this chapter and comply with the terms of the test hole plugging and reclamation plans approved by the Board of Minerals and Environment. If a corporate surety bond is required, such bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21. Such surety shall remain in effect until the test hole plugging and reclamation are approved by the board and the surety is released by the board. At least thirty days prior to the release of the surety, the board shall notify the board of county commissioners of the affected county and surface owner or lessee of the affected area, if other than the mineral owner, of the proposed surety release.
Source: SL 1982, ch 307, § 23.
45-6D-24. 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 307, § 24.
45-6D-25. Surety penalty--Amount.
The penalty of the required surety shall be in an amount sufficient to cover the cost of plugging all of the proposed test holes and reclamation as determined pursuant to § 45-6D-19.
Source: SL 1982, ch 307, § 25; SL 2006, ch 224, § 2.
45-6D-26. 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 uranium exploration operation permit with the Board of Minerals and Environment. The material for intervention shall be filed with the board not more than twenty days after the date of last publication of notice pursuant to § 45-6D-12. The board shall hold a hearing pursuant to § 45-6D-28 on the question of whether the permit should be granted. The applicant shall be notified by the board or Department of Agriculture and Natural Resources within five days of receipt of any objections to the application and shall be provided a copy of the written objections.
Source: SL 1982, ch 307, § 26; SL 2011, ch 165, § 219; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6D-27. County request for hearing on application.
The board of county commissioners of a county containing affected land may request that the hearing on the application for a uranium exploration operation 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 § 45-6D-12. 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's staff if the request designates the hearing at a location other than Pierre.
Source: SL 1982, ch 307, § 27.
45-6D-28. Hearing on application--Notice--Time for decision.
Upon receipt of an application for a permit and all fees due from the operator, the Board of Minerals and Environment shall set a date for the hearing on such application not more than sixty days after the date of filing. Prior to the holding of such hearing, the board shall provide notice to any person previously filing a protest or petition for a hearing or statement in support of an application pursuant to § 45-6D-26, and shall publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the locality of the proposed uranium exploration operation once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted in a manner pursuant to chapter 1-26. A final decision on the application shall be made within ninety days of the receipt of the application. In the event of serious unforeseen circumstances or significant snow cover on the affected land that prevents on site inspection, the board may reasonably extend the maximum time sixty days.
Source: SL 1982, ch 307, § 28.
45-6D-29. 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) The adverse effects of the proposed uranium exploration operation on the historic, archaeologic, geologic, scientific, or recreational aspects of affected or surrounding land outweigh the benefits of the proposed uranium exploration operation;
(4) The proposed uranium exploration operation will result in the loss or reduction of long-range productivity of watershed lands, public and domestic water wells, aquifer recharge areas, or significant agricultural areas; or
(5) The proposed uranium exploration operation will adversely affect threatened or endangered wildlife indigenous to the area.
Source: SL 1982, ch 307, § 29.
45-6D-30. Term of permit--Triennial renewal.
A uranium exploration operation permit shall be issued for a period of three years and may be renewed triennially pursuant to the provisions of §§ 45-6D-43 to 45-6D-50, inclusive.
Source: SL 1982, ch 307, § 30.
45-6D-31. Notice to county commissioners of approval of or denial of permit or renewal.
The Board of Minerals and Environment shall transmit notice of the approval or denial of a new or renewed uranium exploration operation permit to the appropriate board of county commissioners within thirty days of final board action.
Source: SL 1982, ch 307, § 31.
45-6D-32. Exploration operations--Applicable laws.
Every operator to whom a permit is issued pursuant to the provisions of this chapter may engage in the uranium exploration operation upon the affected lands described in the permit, upon the performance of and subject to §§ 45-6D-33 to 45-6D-39, inclusive, with respect to such lands.
Source: SL 1982, ch 307, § 32.
45-6D-33. Capping, sealing, and plugging test holes--Temporary delay.
The operator shall cap, seal, and plug each test hole sunk for exploratory purposes on all public and private lands within the state immediately following the drilling and probing. An operator may apply, in writing, to the Board of Minerals and Environment for permission to temporarily keep the test hole open. The board may, in its discretion, allow the operator a temporary delay, if the test hole is securely covered in a manner which will prevent injury to persons or animals and marked with a sturdy steel fence post at a minimum height of forty-two inches above the ground surface.
Source: SL 1982, ch 307, § 33.
45-6D-34. Capping, sealing, and plugging test holes--Rules.
The Board of Minerals and Environment shall promulgate rules, pursuant to chapter 1-26, to regulate the capping, sealing, and plugging of all test holes drilled pursuant to a permit issued under this chapter. Such rules shall provide for the capping, sealing, and plugging of all such test holes, the prevention of any artesian flow of groundwater toward the surface, and the prevention of fluid communication between aquifers.
Source: SL 1982, ch 307, § 34.
45-6D-36. Test holes converted to water wells.
If any test holes drilled are to be ultimately used or are to be converted to water wells, the user shall comply with the provisions of chapter 46-6.
Source: SL 1982, ch 307, § 36.
45-6D-37. Roads and trails.
The operator shall construct all roads and trails developed for the uranium exploration project to minimize sedimentation and erosion by the placement of water bars and similar structures, road placement on the contour, revegetation of roadwork and embankment slopes, or by using other necessary methods.
Source: SL 1982, ch 307, § 37.
45-6D-38. Restoration of drill sites and affected land.
The operator shall restore each drill site and other affected land as nearly as possible to its original condition including backfilling all mudpits, scattering any drill cuttings left on the surface, reseeding the drill site and approach trails, removing shot wire, or other action as may be necessary.
Source: SL 1982, ch 307, § 38; SL 2011, ch 165, § 220.
45-6D-39. Penetration of aquifer--Notice to board.
The operator shall notify, in writing, the Board of Minerals and Environment of the penetration of an aquifer and the location of the test hole penetrating such aquifer as soon as practically possible, but not more than ninety days after penetration.
Source: SL 1982, ch 307, § 39.
45-6D-40. Penetration of aquifer--Report required.
Thirty days prior to the renewal date of a uranium exploration operation permit, if the operator intends on renewing the permit, the operator shall submit a clear and complete report identifying all test holes which have penetrated an aquifer, the depth of the aquifer, and the method used to plug each such test hole. The information contained in the report is public information. However the source of the information shall be held confidential by the Board of Minerals and Environment and the Department of Agriculture and Natural Resources. Further, the operator shall submit a report identifying the location of all test holes with sufficient information to allow the department to locate such test holes.
Failure to provide the required report is grounds for not renewing a uranium exploration operation permit.
Source: SL 1982, ch 307, § 40; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6D-41. Geological conditions--Report required.
Within six months after the expiration of a uranium exploration operation permit, the operator shall submit a clear and complete report concerning the geological conditions in the permit area, including information required by § 45-6D-40. Additional information in the report may include mechanical logs, geologic logs, core sections, cuttings samples, or other information concerning test holes drilled pursuant to the expired permit. Where numerous closely spaced test holes have been drilled, the Board of Minerals and Environment may require such reports on representative test holes. Information provided shall be identified as to the operator, well name, location, and depth of sample or core. Any material required shall be shipped free of cost to the board.
Reports made pursuant to §§ 45-6D-39 and 45-6D-40 are not required to be duplicated in the final report. The operator may incorporate such reports by reference.
Source: SL 1982, ch 307, § 41.
45-6D-42. Geological conditions reports confidential--Violation as misdemeanor.
Information contained in the reports required by § 45-6D-41 that may damage the operator's competitive position if made public shall be held confidential. Such information shall be designated confidential by the operator. Any person who knowingly violates the provisions of this section is guilty of a Class 2 misdemeanor.
Source: SL 1982, ch 307, § 42.
45-6D-43. Renewal of permit--Information required.
In addition to the report required by § 45-6D-40, the operator applying for the renewal of a uranium exploration operation permit shall submit an application thirty days prior to the expiration date of his existing permit. Such application shall provide current information regarding the application form required by § 45-6D-7, any modifications of the reclamation plan required by § 45-6D-9, and a revised map containing the information required by § 45-6D-10. A renewal fee of two hundred dollars shall accompany the application.
Source: SL 1982, ch 307, § 43.
45-6D-44. Renewal of permit--Notice of application.
The operator shall cause one notice of his application for permit renewal in a newspaper of general circulation in the locality of the exploration operation within ten days of submitting his application for permit renewal. Such notice shall contain the identity and address of the operator and resident agent, the general location of the uranium exploration operation, a general description of proposed modifications of the original approved application, the proposed date of completion of the uranium exploration operation, that the original application and renewal application are available for public inspection at the department in Pierre, and the location and final date for filing objections to such modifications with the Board of Minerals and Environment.
Source: SL 1982, ch 307, § 44.
45-6D-45. Renewal of permit--Confidentiality of required information.
Information required by § 45-6D-43 is subject to the same confidentiality as provided for original applications in § 45-6D-15.
Source: SL 1982, ch 307, § 45.
45-6D-46. Renewal of permit--Objections--Statements in support of application--Notice and hearing.
Any person has the right to file written objections to or statements in support of modifications contained within the renewal application. Such material for intervention in the hearing concerning such modifications shall be filed with the Department of Agriculture and Natural Resources not more than ten days after the publication of notice pursuant to § 45-6D-44. The Board of Minerals and Environment shall hold a hearing pursuant to § 45-6D-47 on only the question of whether the modifications contained in the renewal application would be reasons for denying an original application. The applicant shall be notified by the board within five days of receipt of any objections to the modifications and be supplied a copy of the written objections.
Source: SL 1982, ch 307, § 46; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6D-47. Renewal of permit--Hearing on application--Notice--Time for decision.
Upon receipt of an application for the renewal of an exploration operation permit and all fees due from the operator, the Board of Minerals and Environment shall set a date for the hearing of such application not more than twenty-five days after the date of filing. Prior to the holding of any such hearing, the board shall provide notice to any person previously filing a protest or petition for a hearing or statement in support of an application pursuant to § 45-6D-46, and shall publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the locality of the proposed uranium exploration operation once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted in a manner pursuant to chapter 1-26. A final decision on the application shall be made within sixty days of the receipt of the application.
Source: SL 1982, ch 307, § 47.
45-6D-48. Renewal of permit--Operation continued under original permit--Implementation of nonapproved modification ground for revocation or denial of permit.
Pending the final determination on a renewal application, the operator may continue the uranium exploration operation under the terms and conditions of the original permit. If the proposed modifications are not approved by the Board of Minerals and Environment, the board shall automatically renew the original permit as originally issued, except as provided in § 45-6D-50. Implementation of a nonapproved modification proposed in the renewal application is sufficient justification for the board to revoke any existing permits of the operator and deny the renewal application.
Source: SL 1982, ch 307, § 48.
45-6D-49. Renewal of permit--Grounds for denial of modifications.
Modifications contained in the renewal application may be denied on the basis of the grounds provided in § 45-6D-29.
Source: SL 1982, ch 307, § 49.
45-6D-50. Renewal of permit--Grounds for denial.
The Board of Minerals and Environment shall renew an exploration operation permit if the application complies with the requirements of this chapter. The board may not deny a permit renewal except for one or more of the following reasons:
(1) The renewal application is incomplete or the surety has not been posted;
(2) The operator has not paid the required renewal fee;
(3) The operator has not complied with the terms and conditions of the original exploration operation permit;
(4) The operator has failed to provide the reports required by § 45-6D-39.
Source: SL 1982, ch 307, § 50.
45-6D-51. 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 his agent for service of process. The notice shall state the provision alleged to be violated and the facts alleged to constitute the violation and shall recommend possible corrective action.
Source: SL 1982, ch 307, § 51; SL 1991, ch 17 (Ex. Ord. 91-4), § 21; SL 1993, ch 256, § 43; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6D-52. 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 § 45-6D-51, 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 the alleged violator's agent for service of process.
Source: SL 1982, ch 307, § 52; SL 1991, ch 17 (Ex. Ord. 91-4), § 21; SL 1993, ch 256, § 44; SL 2011, ch 165, § 221; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6D-53. 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 307, § 53.
45-6D-54. 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 the uranium exploration operation only for the purpose of bringing the uranium exploration operation into satisfactory compliance with the provisions of the operator's permit. Once such operations are completed to the satisfaction of the board, the board shall reinstate the permit of the operator.
Source: SL 1982, ch 307, § 54.
45-6D-55. 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 307, § 55.
45-6D-56. 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 § 45-6D-51. Before making such request of the attorney general, the board shall notify the operator in writing of the alleged violation of or noncompliance with such order and shall afford the operator the right to appear before the board at a hearing to be held not less than thirty days after the receipt of such notice by the operator. At the hearing the operator may present for the consideration of the board statements, documents, and other information with respect to the alleged violation. After the conclusion of the hearings, the board shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the surety of the operator forfeited as to the land involved. A corporate surety shall have the option to reclaim the lands in question, plug the appropriate test holes, or forfeit the bond penalty.
Source: SL 1982, ch 307, § 56.
45-6D-57. Violation--Forfeiture of surety--Reclamation of land by board.
The Board of Minerals and Environment shall plug and 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 307, § 57.
45-6D-58. 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 proceedings conducted pursuant to § 45-6D-55 shall be deposited with the state treasurer in a special revenue fund for reclamation purposes. The special revenue fund is continuously appropriated to the board for the reclamation of affected lands which were obligated to be reclaimed under the permits upon which such surety has been forfeited. The proceeds of any surety remaining after completion of reclamation according to the approved plan shall be returned to the operator or the surety company, whichever is appropriate.
Source: SL 1982, ch 307, § 58; SL 1994, ch 23, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
45-6D-59. Operator currently in violation--Issuance of permit prohibited.
No permit of new uranium exploration operations or renewal of an existing uranium exploration operation permit may be granted to any operator who is currently found to be in violation of the provisions of this chapter with respect to any uranium exploration operation in this state.
Source: SL 1982, ch 307, § 59.
45-6D-60. 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 which such violation occurs, is liable for damages to the environment of this state, or both. This penalty may be in addition to any other penalties authorized.
Source: SL 1982, ch 307, § 60; SL 1988, ch 291, § 23.
45-6D-61. Operation without permit--Civil penalty.
A person who operates a uranium exploration operation without a valid permit issued pursuant to the provisions of this chapter is subject to a civil penalty of not less than one thousand dollars per day nor more than five thousand dollars per day during which such violation occurs.
Source: SL 1982, ch 307, § 61.
45-6D-62. Refusal of access or interference with inspection as violation.
It is a violation of a uranium exploration operation permit's terms and conditions to refuse entry or access to any authorized representative of the Board of Minerals and Environment who, after presenting appropriate credentials requests entry for the purpose of inspection under this chapter; nor may any person obstruct, hamper, or interfere with any such investigation. If requested, the operator of the uranium exploration site shall receive a report setting forth the observations made by the person making the inspection which relate to compliance with this chapter.
Source: SL 1982, ch 307, § 62; SL 2011, ch 165, § 222.
45-6D-63. 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 307, § 63; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-6D-64. 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 local conservation districts shall furnish the Board of Minerals and Environment, as far as practicable, whatever data and technical assistance the board may request and deem necessary for the performance of total reclamation and enforcement duties.
Source: SL 1982, ch 307, § 64; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2011, ch 165, § 223; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
45-6D-65. General powers of board.
The Board of Minerals and Environment has the following powers, duties, and functions:
(1) To administer oaths or affirmations, subpoena witnesses, and compel their attendance at a hearing;
(2) To accept gifts, contributions, federal grants-in-aid, or financial aid from any other source for accomplishing plugging and reclamation;
(3) To carry out plugging of test holes and reclamation of affected lands.
Source: SL 1982, ch 307, § 65.
45-6D-66. Specifications regarding application of chapter to new and prior operations.
Permits for uranium exploration operations shall be obtained as specified below:
(1) After July 1, 1982, any operator proposing to engage in a new uranium exploration operation must first obtain a permit pursuant to the provisions of this chapter;
(2) Applications for exploration operation permits filed under the provisions of chapter 45-6A prior to and pending on July 1, 1982, shall be processed in accordance with the provisions of this chapter;
(3) Exploration permits granted under the provisions of chapter 45-6A prior to July 1, 1982, are valid permits for purposes of this chapter and are subject to the provisions of this chapter for the purpose of renewal.
Source: SL 1982, ch 307, § 66.
45-6D-67. Confidentiality period of certain mineral exploration reports.
Any written geologic report, aquifer penetration report, map, test hole log, or other information relative to the geologic data, size, extent, or economic value of a mineral deposit filed with the state by a person who conducted a mineral exploration operation which was initiated or permitted before July 1, 1982, is confidential for a period of six months following July 1, 2008. Any person who filed such reports or information may request the secretary of agriculture and natural resources, in writing, to extend the six month confidentiality period by up to five years. The information becomes public following the confidentiality period.
Source: SL 2008, ch 229, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-7-1
Discharge and cancellation of record of lease--Marginal entry on record.
45-7-2
Discharge and cancellation by endorsement on original lease--Entry on margin of record.
45-7-3
Expiration or forfeiture of lease--Release of record.
45-7-4
Demand for release--Service upon lease owner of record--Form.
45-7-5
Affidavit as to demand for release--Filing with register of deeds.
45-7-6
Action by owner of lease to determine rights--Lis pendens notice--Affidavit as to demand
for release not recorded.
45-7-7
Affidavit as to demand for release--Recording by register of deeds, effect.
45-7-8
Action to obtain release--Damages--Attorney fees.
45-7-9
Extension of lease on occurrence of contingency--Effect--Recording.
45-7-1. Discharge and cancellation of record of lease--Marginal entry on record.
Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled of record by an entry on the margin of the record thereof signed by the lease owner of record, or his duly authorized attorney in fact or personal representative, or if a corporation, by its duly authorized officers, surrendering all of his right, title, and interest in and to said lease, in the presence of the register of deeds or his deputy who shall subscribe the same as witness.
Source: SL 1941, ch 180, § 2; SDC Supp 1960, § 42.0813.
45-7-2. Discharge and cancellation by endorsement on original lease--Entry on margin of record.
Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled by an endorsement made on the original lease signed by the lease owner or his duly authorized attorney in fact or personal representative, or if a corporation, by its duly authorized officers, surrendering his right, title, and interest in and to said lease, which endorsement shall be entered on the margin of the record thereof at such time as the lease containing the endorsement is submitted to the register of deeds or his deputy.
Source: SL 1941, ch 180, § 3; SDC Supp 1960, § 42.0814.
45-7-3. Expiration or forfeiture of lease--Release of record.
When an oil, gas, or other mineral lease heretofore or hereafter given on lands situated in any county of South Dakota and recorded therein shall expire or become forfeited, it shall be the duty of the record owner of the lease, within fifteen days after the date of the forfeiture or expiration of any lease, to have such lease surrendered in writing, such surrender to be signed by the party making the same, acknowledged and placed of record in the county where the leased land is situated, without cost to the landowner or the owner of the mineral rights.
Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.
45-7-4. Demand for release--Service upon lease owner of record--Form.
If the record owner of the lease shall fail or neglect to execute and record such surrender within the time provided for, then the owner of said land or mineral rights may serve upon the lease owner of record in person, or by registered or certified letter mailed to his address as disclosed by the lease or assignment under which he holds, or in the absence thereof, by publication for two consecutive weeks in a newspaper of general circulation in the county where the land is situated, a notice in writing in substantially the following form:
To __________:
I, the undersigned owner of the following described land situated in ____ county, South Dakota, to wit:
(Description of land)
upon which a lease dated ____ day of ____, 20__, was given to: ____, do hereby notify you that said lease has expired or has become forfeited and that I hereby elect to declare, and do declare, the said lease forfeited and void, and that unless, within thirty days from the date of service, mailing or first publication of this notice, you notify the register of deeds of said county as provided by law that said lease has not been forfeited or has not expired, I will file with the said register of deeds an affidavit of forfeiture as provided by law; and I hereby demand that you execute, or have executed, a proper surrender of said lease and that you put the same of record in the office of the register of deeds of said county within said thirty-day period.
Dated this ____ day of ____, 20__.
______________________________.
Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.
45-7-5. Affidavit as to demand for release--Filing with register of deeds.
The owner of said land or the owner of the mineral rights may then file with the register of deeds of the county where said land is situated, an affidavit setting forth that affiant is the owner of said land or mineral rights; that the lease has expired or become forfeited, reciting the facts constituting such expiration or forfeiture; and setting out in said affidavit a copy of the notice served as provided in § 45-7-4 and the manner and time of the service thereof.
Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.
45-7-6. Action by owner of lease to determine rights--Lis pendens notice--Affidavit as to demand for release not recorded.
If the owner of the lease shall, within the thirty-day period provided by the notice pursuant to § 45-7-4, commence an action against the owner of said land or mineral rights to determine all rights under said lease and file for record a notice of pendency of said action, then the said affidavit shall not be recorded, but the register of deeds shall notify the owner of the land or mineral rights of the action of the lease owner.
Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.
45-7-7. Affidavit as to demand for release--Recording by register of deeds, effect.
If the lease owner shall not commence the action and file for record a notice of pendency of said action as provided in § 45-7-6, then at the expiration of the said thirty-day period, the register of deeds shall record said affidavit and thereafter said lease shall not affect the merchantability of the title to said land or mineral rights and the record of said lease shall not be notice to the public of the existence of said lease or of any interest therein or rights thereunder, and said record shall not be received in evidence in any court of the state on behalf of the lease owner against the lessor, his successors, or assigns.
Source: SL 1941, ch 180, § 1; SL 1943, ch 154; SDC Supp 1960, § 42.0812.
45-7-8. Action to obtain release--Damages--Attorney fees.
The owner of said land or the owner of the mineral rights may, after thirty days have expired from the time of the service of the demand as set forth in § 45-7-4, in lieu of the filing of his affidavit, commence an action against the owner of such lease upon his neglect or refusal to execute a release as provided by this chapter in any court of competent jurisdiction, to obtain such release, and he may also recover in such action of the lessee, his successors, or assigns, together with court costs including a reasonable attorney's fee for preparing and prosecuting the suit, in addition to the damages suffered by him as the proximate result of such neglect or refusal to execute a release as herein provided.
Source: SDC Supp 1960, § 42.0812 as added by SL 1965, ch 176.
45-7-9. Extension of lease on occurrence of contingency--Effect--Recording.
If any oil, gas, or mineral lease contains a statement of any contingency, the occurrence of which extends the lease for either a specified or an unspecified period of time, and that contingency has taken place, that lease may not be discharged or cancelled under the provisions of this chapter until the period of extension has run or until the contingency has ceased. Any such extension caused by reason of production shall be recorded by the lessee by filing an affidavit of production with the records of the property being leased in the office of the register of deeds.
Source: SL 1985, ch 342.
CHAPTER 45-9
OIL AND GAS CONSERVATION
45-9-1 Purpose of chapter--Development of oil and gas resources.
45-9-1.1 Functions of environment and natural resources board transferred to Board of Minerals and Environment.
45-9-2 Definition of terms.
45-9-3 Waste of oil and gas prohibited--Production of gas in conjunction with water excluded from coverage of chapter.
45-9-4 Application to drill oil or gas well--Permit--Rules and regulations of board--Fee, disposition--Agreement with surface owner.
45-9-5 Identification of ownership of facilities for producing oil or gas.
45-9-6 Testing of oil and gas wells.
45-9-7 Separation of production from wells--Gaseous and liquid hydrocarbons--Measurement.
45-9-8 Classification of wells.
45-9-9 Metering or measuring of oil, gas, or product.
45-9-10 Operation of wells with inefficient gas-oil or water-oil ratios.
45-9-11 Operations for production of oil or gas, regulation by board.
45-9-12 Production of oil and gas from field, pool, or area where physical waste created.
45-9-13 Administration of chapter by board--Rules and orders to prevent waste, protect correlative rights and govern procedure before board.
45-9-14 Prevention of oil or gas escape, intrusion of water, pollution of fresh-water supplies, and blowouts, cavings, seepages, and fires.
45-9-15 Plugging and performance bond for wells--Amount--Conditions.
45-9-15.1 45-9-15.1. Repealed by SL 2013, ch 227, § 2.
45-9-15.2 Application date of bond requirements.
45-9-15.3 Supplemental plugging and performance bond--Idle wells--Amount.
45-9-16 Recordkeeping by producers, handlers, and processors of the quantities of oil or gas--Examination.
45-9-17 Reports or plats--Filing with board.
45-9-18 Mechanical well logs, surveys and reports on well location, drilling, and production--Samples, core chips, and complete cores--Filing--Exploratory wells.
45-9-19 False representations as perjury--Drilling without permit as misdemeanor.
45-9-20 Spacing units for a pool--Purposes--Establishment by board--Exception.
45-9-21 Spacing units for a pool--Size and shape, establishment by board, modifications and exceptions.
45-9-22 Spacing units to be sized and shaped for efficient development of pool--Minimum size.
45-9-23 Spacing units for a pool--Production limited by waste--Order of board establishing, contents.
45-9-24 Spacing units of different sizes or shapes--Adjustment of allowable production.
45-9-25 Hearing to establish spacing units--Establishment of temporary spacing units by board pending determination of ultimate spacing period.
45-9-26 Order establishing spacing units for a pool--Size and shape of each unit--Location of permitted well--Exception for wells drilled or drilling at time of application.
45-9-27 Drilling of well at other than prescribed location when authorized by secretary.
45-9-28 Scope of order establishing spacing units for a pool--Modification--Inclusion of additional area--Exclusion of land not underlaid by pool.
45-9-29 Order establishing spacing units--Modification to prevent waste, avoidance of unnecessary wells, or to protect correlative rights.
45-9-30 Two or more separately owned tracts or interests embraced within spacing unit--Pooling of interests.
45-9-31 Order pooling all interests in spacing unit--Application by interested person--Notice and hearing--Terms and conditions.
45-9-32 Operation of well--Rights of owners to participate--Payment of expenses.
45-9-33 Alternative rights of owners--Surrender of leasehold interest to participating owners--Participation on a limited basis.
45-9-34 Spacing unit covered by pooling order--Definition of terms--Operations incident to the drilling of a well--Portion of production allocated to each tract.
45-9-35 Rights of owners operating well or paying costs for benefit of another under pooling order--Share of production--Determination of costs by board.
45-9-36 Well completed prior to pooling of interest in spacing unit--Sharing of production--Calculation of costs.
45-9-37 Operation as unit of one or more pools--Consideration of need--Hearing.
45-9-38 Findings of board requiring order for unit operation of a pool.
45-9-39 Order of board for unit operation of a pool--Terms and conditions--Prescribing plan of operation--Essential elements of plan.
45-9-40 Order of board for unit operation of a pool--Not effective until approved by persons responsible for operating costs.
45-9-41 Supplemental hearing on approval of plan for unit operation.
45-9-42 Order of board for unit operation of a pool--Revocation when not approved by persons owning required percentage of interest.
45-9-43 Amendment of order for unit operations--Conditions.
45-9-44 Order of board for unit operation of a pool embraced in unit area established by prior order--Allocation of production.
45-9-45 Order of Board of Minerals and Environment for unit operation on less than whole of a pool--Size and shape of unit area.
45-9-46 Operation of well upon unit area--Unit of production allocated to separately owned tract.
45-9-47 Order of board for unit operation--Express or implied obligations of contract covering land in unit area, fulfillment by conducting operations under order.
45-9-48 Order of Board of Minerals and Environment for unit operation--Ownership of portion of production allocated and proceeds of sale.
45-9-49 Order for unit operations does not transfer title.
45-9-50 Contract for sale or purchase of production from separately owned tract not terminated.
45-9-51 Rights of owners within unit area to property acquired in conduct of unit operation.
45-9-52 Agreement for cooperative development or operation of field or pool--Approval by board--Failure to submit for approval not evidence of antitrust law violation.
45-9-53 Lands to which chapter applies.
45-9-54 Enforcement of chapter--Jurisdiction of board.
45-9-55 Investigations by board.
45-9-56 Authority of board to act--Upon its own motion--Petition of interested person.
45-9-57 Repealed by SL 2012, ch 212, § 4.
45-9-58 Notice of hearing--Service by mail or publication--Proof of service.
45-9-59 Witnesses--Production of books and records.
45-9-60 Noncompliance with subpoena--Refusal of witness to testify--Court order--Contempt.
45-9-61 Prior rules, regulations, and orders continued in force--Accrued penalties and liabilities not repealed.
45-9-62 45-9-62. Repealed by SL 1993, ch 256, § 49
45-9-63 Repealed by SL 2012, ch 212, § 6.
45-9-64 Emergency order of board--Issuance without notice or hearing--Promulgation--Termination.
45-9-65 45-9-65, 45-9-66. Repealed by SL 1993, ch 256, §§ 51, 52
45-9-67 Appeal from rule, regulation, or order of board--Persons adversely affected--Procedure.
45-9-68 Violation of law, rule, regulation, or order--Civil penalty--Liability for damages to environment.
45-9-69 Action by attorney general to recover civil penalties--Venue.
45-9-70 Shutting down and sealing property or equipment by secretary for violation--Cancelation of lease or bond forfeiture.
45-9-71 Action for injunction--Service--Order.
45-9-72 Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person.
45-9-73 Procedure for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.
45-9-74 Hearing on application for order under chapter--Notice--Contested case hearing--Procedure.
45-9-1. Purpose of chapter--Development of oil and gas resources.
It is hereby declared that it is in the public interest to foster, to encourage, and to promote the development, production, and utilization of natural resources of oil and gas in the State of South Dakota in such a manner as will prevent waste; to authorize and to provide for the operation and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas be had and that the correlative rights of all owners be fully protected; and to encourage, to authorize, and to provide for cycling, recycling, pressure maintenance, and secondary recovery operations in order that the greatest possible economic recovery of oil and gas be obtained within the state to the end that the landowners, the royalty owners, the producers, and the general public realize and enjoy the greatest possible good from these vital natural resources.
Source: SL 1961, ch 211, § 1.
45-9-1.1. Functions of environment and natural resources board transferred to Board of Minerals and Environment.
The functions of the environment and natural resources board pursuant to this chapter, relating to oil and gas conservation, are transferred to the Board of Minerals and Environment.
Source: SL 1981, ch 374, § 23.
45-9-2. Definition of terms.
Terms used in this chapter mean:
(1) "Board," the Board of Minerals and Environment;
(2) "Condensate," liquid hydrocarbons that were originally in the gaseous phase in the reservoir;
(3) "Developed area," a spacing unit on which a well has been completed that is capable of producing oil or gas, or the acreage that is otherwise attributed to a well by the board for allowable purposes;
(4) "Field," the general area underlaid by one or more pools;
(5) "Gas," all natural gas and all other fluid hydrocarbons not defined in subdivision (7) as oil, including condensate because it originally was in the gaseous phase in the reservoir;
(6) "Just and equitable share of the production," as to each person, that part of the authorized production from the pool that is substantially in the proportion that the amount of recoverable oil or gas or both in the developed area of the person's tract or tracts in the pool bears to the recoverable oil or gas or both in the total of the developed areas of the pool;
(7) "Oil," crude petroleum oil and other hydrocarbons regardless of gravity that are produced at the wellhead in liquid form, but not liquid hydrocarbons that were originally in a gaseous phase in the reservoir;
(8) "Owner," the person who has the right to drill into and produce from a pool and to appropriate the oil or gas the person produces from the pool;
(9) "Person," any natural person, corporation, limited liability company, association, partnership, receiver, trustee, personal representative, guardian, fiduciary, or other representative of any kind, including any department, agency, or instrumentality of the state or of any governmental subdivision of the state;
(10) "Pool," an underground reservoir containing a common accumulation of oil or gas or both; each zone of a structure that is completely separated from any other zone in the same structure is a pool;
(11) "Premises," the surface property of the landowner or lessee, both real and personal, and the ingress to and the egress from the real property;
(12) "Producer," the owner of a well or wells capable of producing oil or gas or both;
(13) "Product," any commodity made from oil or gas, including refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, gas oil, residuum, casinghead gasoline, natural gas, gasoline, kerosene, benzene, wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas;
(14) "Protect correlative rights," the action or regulation by the board affords a reasonable opportunity to each person so entitled to recover or receive the oil or gas in the person's tract or tracts or the equivalent, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent;
(15) "Waste,":
(a) Physical waste, as that term is generally understood in the oil and gas industry;
(b) The inefficient, excessive, or improper use of, or the unnecessary dissipation of reservoir energy;
(c) The inefficient storing of oil or gas;
(d) The drilling of unnecessary wells;
(e) The locating, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner that causes, or tends to cause, reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas;
(f) The underground or above ground waste in the production or storage of oil or gas, however caused, and whether or not defined in other subdivisions of this section.
Source: SL 1943, ch 153, § 4; SL 1951, ch 221, § 1; SDC Supp 1960, § 42.0704; SL 1961, ch 211, § 1; SL 1983, ch 13, § 25; SL 1994, ch 351, § 110; SL 1995, ch 167, § 188.
45-9-3. Waste of oil and gas prohibited--Production of gas in conjunction with water excluded from coverage of chapter.
The waste of oil and gas is prohibited. However, the production of gas for personal use in conjunction with the production of water insofar as such gas comes from the water-bearing formations is expressly excluded from the coverage of this chapter.
Source: SL 1929, ch 202, § 1; SDC 1939, § 42.0601; SL 1943, ch 153, § 5; SDC Supp 1960, § 42.0705; SL 1961, ch 211, § 1; SL 2007, ch 255, § 1.
45-9-4. Application to drill oil or gas well--Permit--Rules and regulations of board--Fee, disposition--Agreement with surface owner.
Without limiting its general authority, the Board of Minerals and Environment, by rules promulgated pursuant to chapter 1-26, may require or may delegate to the secretary, specific authority to require that an operator drilling a well for oil or gas shall first file an application to drill with the secretary and obtain a permit from the secretary before drilling. The operator shall pay a fee of one hundred dollars which shall be placed in the environment and natural resources fee fund established pursuant to § 1-41-23. In addition, the board shall require the applicant to certify that an agreement with the landowner or lessee is being negotiated regarding compensation for damages to livestock and surface land resulting from drilling operations.
Source: SDC Supp 1960, § 42.0707 as enacted by SL 1961, ch 211, § 1; SL 1965, ch 175; SL 1974, ch 284, § 1; SL 1979, ch 296, § 5; SL 1982, ch 308, § 1; SL 1983, ch 312; SL 1994, ch 23, § 9; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
45-9-5. Identification of ownership of facilities for producing oil or gas.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil and gas.
Source: SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3) (i); SDC Supp 1960, § 42.0706 (4) (a) (1) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 224; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-6. Testing of oil and gas wells.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the taking of tests of oil or gas wells.
Source: SDC Supp 1960, § 42.0706 (4) (a) (4) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 225; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-7. Separation of production from wells--Gaseous and liquid hydrocarbons--Measurement.
The Board of Minerals and Environment may require, or may delegate to the secretary, specific authority to require that the production from wells be separated into gaseous and liquid hydrocarbons, and that each be accurately measured by such means and upon such standards as may be prescribed by the board in rules promulgated pursuant to chapter 1-26.
Source: SDC Supp 1960, § 42.0706 (4) (a) (6) as enacted by SL 1961, ch 211, § 1; SL 1993, ch 256, § 45.
45-9-8. Classification of wells.
Without limiting its general authority, the Board of Minerals and Environment may classify, or may delegate to the secretary of agriculture and natural resources, specific authority to classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter.
Source: SDC Supp 1960, § 42.0706 (4) (d) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 226; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-9. Metering or measuring of oil, gas, or product.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require metering or other measuring of oil, gas, or product.
Source: SDC Supp 1960, § 42.0706 (4) (a) (8) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 227; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-10. Operation of wells with inefficient gas-oil or water-oil ratios.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require that wells not be operated with inefficient gas-oil or water-oil ratios, and to fix their ratios, and to limit production from wells with inefficient gas-oil or water-oil ratios.
Source: SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3) (f); SDC Supp 1960, § 42.0706 (4) (a) (7) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 228; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-11. Operations for production of oil or gas, regulation by board.
The Board of Minerals and Environment shall promulgate rules pursuant to chapter 1-26 to regulate or to provide for:
(1) The drilling, producing, and plugging of wells, and all other operations for the production of oil or gas;
(2) The shooting and chemical or physical treatment of wells;
(3) The spacing or locating of wells;
(4) Operations to increase ultimate recovery such as cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into producing formations; and
(5) Disposal of salt water and oil field wastes.
The board may delegate to the secretary of agriculture and natural resources the authority to monitor and enforce compliance with rules promulgated pursuant to this section.
Source: SL 1925, ch 250, § 2; SDC 1939, § 42.0603; SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3); SDC Supp 1960, § 42.0706 (4) (b) as enacted by SL 1961, ch 211, § 1; SL 1993, ch 256, § 46; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-12. Production of oil and gas from field, pool, or area where physical waste created.
Without limiting its general authority, the Board of Minerals and Environment may regulate, or may delegate to the secretary of agriculture and natural resources, specific authority to regulate the production of oil and gas from any field, pool, or area, where physical waste is created.
Source: SDC Supp 1960, § 42.0706 (4) (c) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 229; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-13. Administration of chapter by board--Rules and orders to prevent waste, protect correlative rights and govern procedure before board.
The Board of Minerals and Environment shall promulgate rules pursuant to chapter 1-26 and issue orders reasonably necessary to prevent waste, to protect correlative rights, to govern the practice or procedure before the board, and otherwise to administer this chapter. The board may delegate to the secretary of agriculture and natural resources the authority to enforce any rules or orders promulgated or issued pursuant to this section.
Source: SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3); SDC Supp 1960, § 42.0706 (4) (e) as enacted by SL 1961, ch 211, § 1; SL 1993, ch 256, § 47; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-14. Prevention of oil or gas escape, intrusion of water, pollution of fresh-water supplies, and blowouts, cavings, seepages, and fires.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the drilling, casing, operation, and plugging of wells in such manner as to prevent:
(1) Reasonably preventable escape of oil or gas out of one pool into another;
(2) The detrimental intrusion of water into an oil or gas pool that is avoidable by efficient operations;
(3) The pollution of fresh-water supplies by oil, gas, or salt water; and
(4) Blow-outs, cavings, seepages, and fires.
Source: SL 1925, ch 250, § 2; SDC 1939, § 42.0603; SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3); SDC Supp 1960, § 42.0706 (4) (a) (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 230; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-15. Plugging and performance bond for wells--Amount--Conditions.
Without limiting its general authority, the board may require, or may delegate to the secretary of agriculture and natural resources specific authority to require, the furnishing of a plugging and performance bond in the amount of fifty thousand dollars or an amount sufficient to guarantee the costs of well site reclamation, or one hundred thousand dollars blanket, with good and sufficient surety, conditioned for the performance of the duty to plug each dry or abandoned well, to restore the premises, insofar as possible, to the condition that existed before the filing of the application to drill; and conditioned on the proper performance of all of the requirements of §§ 45-9-5 to 45-9-18, inclusive. The condition of the bond relating to restoration of the surface is met if the landowner or lessee and the producer or driller adopt a different plan approved by the board. The board may require additional bond if the circumstances require.
Source: SL 1943, ch 153, § 6; SL 1959, ch 244; SDC Supp 1960, § 42.0706 (3) (a); SDC Supp 1960, § 42.0706 (4) (a) (5) as enacted by SL 1961, ch 211, § 1; SL 1979, ch 296, § 1; SL 2011, ch 165, § 231; SL 2013, ch 227, § 1; SL 2020, ch 193, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-15.2. Application date of bond requirements.
The bond requirements in § 45-9-15 do not apply to any wells permitted or drilled prior to July 1, 2013, unless the well is sold or transferred after July 1, 2013.
Source: SL 2013, ch 227, § 3.
45-9-15.3. Supplemental plugging and performance bond--Idle wells--Amount.
Without limiting its general authority, the board may require, or may delegate to the secretary of agriculture and natural resources specific authority to require, the furnishing of a supplemental plugging and performance bond in the amount of twenty thousand dollars or an amount sufficient to guarantee the costs of well site reclamation for any oil and gas well that does not produce or otherwise remains unused for more than six months.
Source: SL 2020, ch 193, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-16. Recordkeeping by producers, handlers, and processors of the quantities of oil or gas--Examination.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require that every person who produces, sells, purchases, acquires, stores, transports, refines, or processes oil or gas in this state keep and maintain complete and accurate records of the quantities of the oil or gas. The records shall be available for examination by the board or its agents upon request.
Source: SDC Supp 1960, § 42.0706 (4) (a) (9) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 233; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-17. Reports or plats--Filing with board.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the filing with the board of reports or plats that it may prescribe.
Source: SDC Supp 1960, § 42.0706 (4) (a) (10) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 234; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-18. Mechanical well logs, surveys and reports on well location, drilling, and production--Samples, core chips, and complete cores--Filing--Exploratory wells.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the filing of all mechanical well logs, directional surveys, and reports on well location, drilling, and production with the secretary within thirty days after the completion or abandonment of the well. The board may also require the filing free of charge of samples and core chips and of complete cores, if taken, and if requested, with the secretary within six months after the completion or abandonment of the well. However, the log and samples and cores of an exploratory or wildcat well may, upon written request by the operator, be held confidential until six months after the completion of the well.
Source: SL 1925, ch 250, § 2; SDC 1939, § 42.0603; SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (3); SDC Supp 1960, § 42.0706 (4) (a) (2) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 235; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-19. False representations as perjury--Drilling without permit as misdemeanor.
Any person:
(1) Who intentionally falsely swears or affirms to a matter when an oath or affirmation is required by this chapter or by a rule or order of the Department of Water and Natural Resources authorized by this chapter;
(2) Who, for the purpose of evading a rule or order authorized by this chapter, intentionally makes or causes to be made a false entry or statement of fact in a report required to be made by this chapter, or by a rule or order authorized by this chapter; or
(3) Who makes or causes to be made a false entry in an account, record, or memorandum required to be kept by this chapter or a rule or order authorized by this chapter;
is guilty of perjury.
Any person who commences an operation for the drilling of a well for oil or gas without filing with the Department of Agriculture and Natural Resources an application to drill, and without obtaining a permit from the department to drill, is guilty of a Class 1 misdemeanor.
Source: SL 1943, ch 153, § 14; SDC Supp 1960, § 42.9908; SL 1961, ch 211, § 2; SL 1983, ch 15, § 23; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-20. Spacing units for a pool--Purposes--Establishment by board--Exception.
When necessary to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights, the Board of Minerals and Environment shall establish spacing units for a pool, except in those pools which, prior to July 1, 1961, have been developed to such an extent that it would be impracticable or unreasonable to establish spacing units at the existing state of development.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o); SDC Supp 1960, § 42.0708 (1) as enacted by SL 1961, ch 211, § 1.
45-9-21. Spacing units for a pool--Size and shape, establishment by board, modifications and exceptions.
Except where circumstances reasonably require, spacing units shall be of approximately uniform size and shape for the entire pool. The Board of Minerals and Environment may establish spacing units of different sizes or shapes for different parts of a pool or may grant exceptions to the size or shape of any spacing unit or units or may change the size or shape of one or more existing spacing units.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o); SDC Supp 1960, § 42.0708 (3) as enacted by SL 1961, ch 211, § 1.
45-9-22. Spacing units to be sized and shaped for efficient development of pool--Minimum size.
An order establishing spacing units shall specify the size and shape of the units, which will in the opinion of the Board of Minerals and Environment result in the efficient and economical development of the pool as a whole. The size of the spacing units may not be smaller than the maximum area that can be efficiently and economically drained by one well.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (1); SDC Supp 1960, § 42.0708 (2) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 236.
45-9-23. Spacing units for a pool--Production limited by waste--Order of board establishing, contents.
When production is limited due to physical waste, the Board of Minerals and Environment shall include in the order establishing spacing units suitable provisions to prevent the production from the spacing unit of more than its just and equitable share of the oil and gas in the pool.
Source: SDC Supp 1960, § 42.0708 (4) as enacted by SL 1961, ch 211, § 1.
45-9-24. Spacing units of different sizes or shapes--Adjustment of allowable production.
If spacing units of different sizes or shapes exist in a pool, the Board of Minerals and Environment shall, if necessary, and if production is limited due to physical waste, adjust the allowable production from any wells drilled in the pool so that each person entitled to a share of the production in each spacing unit has a reasonable opportunity to produce or receive his or her just and equitable share of the production.
Source: SDC Supp 1960, § 42.0708 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 237.
45-9-25. Hearing to establish spacing units--Establishment of temporary spacing units by board pending determination of ultimate spacing period.
If, at the time of a hearing to establish spacing units there is not sufficient evidence from which to determine the area that can be efficiently and economically drained by one well, the Board of Minerals and Environment may make an order establishing temporary spacing units for the orderly development of the pool pending the obtaining of the information required to determine what the ultimate spacing should be.
Source: SDC Supp 1960, § 42.0708 (2) as enacted by SL 1961, ch 211, § 1.
45-9-26. Order establishing spacing units for a pool--Size and shape of each unit--Location of permitted well--Exception for wells drilled or drilling at time of application.
An order establishing spacing units for a pool shall specify the size and shape of each unit and the location of the permitted well thereon in accordance with a reasonable uniform spacing plan, with necessary exceptions for wells drilled or drilling at the time of the filing of the application.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (1); SDC Supp 1960, § 42.0708 (4) as enacted by SL 1961, ch 211, § 1.
45-9-27. Drilling of well at other than prescribed location when authorized by secretary.
Upon application, if the secretary of agriculture and natural resources finds that a well drilled at the prescribed location would not be likely to produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such wells or for other good cause shown, the secretary may permit the well to be drilled at a location other than that prescribed by the spacing order.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (2); SDC Supp 1960, § 42.0708 (4) as enacted by SL 1961, ch 211, § 1; SL 1974, ch 284, § 2; SL 2011, ch 165, § 238; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-28. Scope of order establishing spacing units for a pool--Modification--Inclusion of additional area--Exclusion of land not underlaid by pool.
An order establishing spacing units for a pool shall cover all lands determined or believed to be underlaid by such pool, and may be modified by the Board of Minerals and Environment from time to time to include additional areas determined to be underlaid by such pool, or to exclude lands determined not to be underlaid by such pool.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (3); SDC Supp 1960, § 42.0708 (5) as enacted by SL 1961, ch 211, § 1.
45-9-29. Order establishing spacing units--Modification to prevent waste, avoidance of unnecessary wells, or to protect correlative rights.
When found necessary for the preventing of waste or to avoid the drilling of unnecessary wells, or to protect correlative rights, an order establishing spacing units in a pool may be modified by the Board of Minerals and Environment to increase the size of spacing units in the pools or any zone thereof, or to permit the drilling of additional wells on a reasonably uniform pattern in the pool.
Source: SDC Supp 1960, § 42.0708 (5) as enacted by SL 1961, ch 211, § 1.
45-9-30. Two or more separately owned tracts or interests embraced within spacing unit--Pooling of interests.
When two or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of the spacing unit, then the owners and royalty owners thereof may pool their interests for the development and operation of the spacing unit.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (5); SDC Supp 1960, § 42.0709 (1) as enacted by SL 1961, ch 211, § 1.
45-9-31. Order pooling all interests in spacing unit--Application by interested person--Notice and hearing--Terms and conditions.
In the absence of voluntary pooling, the Board of Minerals and Environment or the secretary, as applicable, upon the application of any interested person, shall enter an order pooling all interests in the spacing unit for the development and operation of the spacing unit, and for the sharing of production from the spacing unit. Each such pooling order shall be made after notice and opportunity for hearing, and shall be upon terms and conditions that are just and reasonable, and that afford to the owner of each tract or interest in the spacing unit the opportunity to recover or receive without unnecessary expense, his or her just and equitable share.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (5); SDC Supp 1960, § 42.0709 (1) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 239; SL 2012, ch 212, § 1.
45-9-32. Operation of well--Rights of owners to participate--Payment of expenses.
Each such pooling order shall authorize the drilling, equipping, and operation of a well on the spacing unit; shall provide who may drill and operate the well; shall prescribe the time and manner in which all the owners in the spacing unit may elect to participate in such well drilling, equipping, and operation; and shall provide for payment of the reasonable actual cost of the well drilling, equipping, and operation by all those who elect to participate, plus a reasonable charge for supervision and interest.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (6); SDC Supp 1960, § 42.0709 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 240.
45-9-33. Alternative rights of owners--Surrender of leasehold interest to participating owners--Participation on a limited basis.
If requested, each such pooling order shall provide for one or more just and equitable alternatives whereby an owner who does not elect to participate in the risk and cost of the drilling and operation of a well may elect to surrender his or her leasehold interest to the participating owners on some reasonable basis and for a reasonable consideration. If such terms are not agreed upon, they shall be determined by the Board of Minerals and Environment. The owner may elect to participate in the drilling and operation of the well, on a limited or carried basis, upon terms and conditions determined by the board to be just and reasonable.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (6); SDC Supp 1960, § 42.0709 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 241.
45-9-34. Spacing unit covered by pooling order--Definition of terms--Operations incident to the drilling of a well--Portion of production allocated to each tract.
Operations incident to the drilling of a well upon any portion of a spacing unit covered by a pooling order shall be deemed, for all purposes, the conduct of such operations upon each separately owned tract in the drilling unit by the several owners thereof. That portion of the production allocated to each tract included in a spacing unit covered by a pooling order shall, when produced, be deemed for all purposes to have been produced from such tract by a well drilled thereon.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (5); SDC Supp 1960, § 42.0709 (2) as enacted by SL 1961, ch 211, § 1.
45-9-35. Rights of owners operating well or paying costs for benefit of another under pooling order--Share of production--Determination of costs by board.
If any of the owners drills, equips, and operates, or pays the costs of drilling, equipping, and operating a well for the benefit of another person as provided for in an order of pooling, then the owner is entitled to the share of production from the spacing unit accruing to the interest of the other person, exclusive of a royalty not to exceed one-eighth of the production, until the market value of the other person's share of the production exclusive of the royalty, equals the sums payable by or charged to the interest of the other person. If there is a dispute as to the costs of drilling, equipping, or operating a well, the Board of Minerals and Environment shall determine the costs.
Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (5); SDC Supp 1960, § 42.0709 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 242.
45-9-36. Well completed prior to pooling of interest in spacing unit--Sharing of production--Calculation of costs.
In instances where a well is completed prior to the pooling of interests in a spacing unit, the sharing of production shall be from the effective date of the pooling except that, in calculating costs, credit shall be given for the value of the owner's share of any prior production from the well.
Source: SDC Supp 1960, § 42.0709 (3) as enacted by SL 1961, ch 211, § 1.
45-9-37. Operation as unit of one or more pools--Consideration of need--Hearing.
The Board of Minerals and Environment upon its own motion or upon the application of any interested person shall provide an opportunity for a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field.
Source: SDC Supp 1960, § 42.0710 (1) as enacted by SL 1961, ch 211, § 1; SL 2012, ch 212, § 2.
45-9-38. Findings of board requiring order for unit operation of a pool.
The Board of Minerals and Environment shall make an order providing for the unit operation of a pool or part thereof if it finds that:
(1) Such operation is reasonably necessary to increase substantially the ultimate recovery of oil or gas; and
(2) The value of the estimated additional recovery of oil or gas exceeds the estimated additional cost incident to conducting such operations.
Source: SDC Supp 1960, § 42.0710 (2) as enacted by SL 1961, ch 211, § 1.
45-9-39. Order of board for unit operation of a pool--Terms and conditions--Prescribing plan of operation--Essential elements of plan.
The order for unit operation shall be upon terms and conditions that are just and reasonable and shall prescribe a plan for unit operations that shall include:
(1) A description of the pool or pools or parts thereof to be so operated, termed the unit area;
(2) A statement of the nature of the operations contemplated;
(3) An allocation to the separately owned tracts in the unit area of the oil and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost. The allocation shall be in accord with the agreement, if any, of the interested parties. If there is no such agreement, the Board of Minerals and Environment shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations, and the production allocated to each tract shall be the proportion that the relative values of each tract so determined bears to the relative value of all tracts in the unit area;
(4) A provision for the credits and charges to be made in the adjustment among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributions to the unit operations;
(5) A provision providing how the costs of unit operations, including capital investments, shall be determined and charged to the separately owned tracts and how said costs shall be paid, including a provision when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interest of such owner, may be sold and the proceeds applied to the payment of such costs;
(6) A provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charge for such service payable out of such person's share of the production;
(7) A provision for the supervision and conduct of the unit operations in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of such person;
(8) The time when the unit operations shall commence, and the manner in which, and the circumstances under which, the unit operations shall terminate; and
(9) Such additional provisions that are found to be appropriate for carrying on the unit operations, and for the protection of correlative rights.
Source: SDC Supp 1960, § 42.0710 (3) as enacted by SL 1961, ch 211, § 1.
45-9-40. Order of board for unit operation of a pool--Not effective until approved by persons responsible for operating costs.
No order of the Board of Minerals and Environment providing for unit operations becomes effective unless and until the plan for unit operations prescribed by the board has been approved in writing by those persons who, under the board's order, shall be required to pay at least sixty percent of the cost of the unit operation, and also by the owners of at least sixty percent of the production or proceeds thereof that will be credited to interests which are free of cost, such as royalties, and production payments, and the board has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operation has been so approved.
Source: SDC Supp 1960, § 42.0710 (4) as enacted by SL 1961, ch 211, § 1; SL 2004, ch 273, § 1.
45-9-41. Supplemental hearing on approval of plan for unit operation.
If the plan for unit operations has not been approved as required by § 45-9-40 at the time the order providing for unit operations is made, the Board of Minerals and Environment shall upon application and notice provide opportunity for supplemental hearings to determine if and when the plan for unit operations has been approved.
Source: SDC Supp 1960, § 42.0710 (4) as enacted by SL 1961, ch 211, § 1; SL 2012, ch 212, § 3.
45-9-42. Order of board for unit operation of a pool--Revocation when not approved by persons owning required percentage of interest.
If the persons owning the required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective, and shall be revoked by the Board of Minerals and Environment unless for good cause shown the board extends such time.
Source: SDC Supp 1960, § 42.0710 (4) as enacted by SL 1961, ch 211, § 1.
45-9-43. Amendment of order for unit operations--Conditions.
An order providing for unit operations may be amended by an order made by the Board of Minerals and Environment in the same manner and subject to the same conditions as an original order providing for unit operations under the following conditions:
(1) If such an amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners is not required; and
(2) No such order of amendment may change the percentage for allocation of oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in the tract, or change the percentage for the allocation of cost as established for any separately owned tract by the original order, except with the consent of all owners in the tract.
Source: SDC Supp 1960, § 42.0710 (5) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 243.
45-9-44. Order of board for unit operation of a pool embraced in unit area established by prior order--Allocation of production.
The Board of Minerals and Environment, by an order, may provide for the unit operation of a pool or pools or parts thereof that embrace a unit area established by a previous order of the board. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated hereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order.
Source: SDC Supp 1960, § 42.0710 (6) as enacted by SL 1961, ch 211, § 1.
45-9-45. Order of Board of Minerals and Environment for unit operation on less than whole of a pool--Size and shape of unit area.
An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may be reasonably required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool.
Source: SDC Supp 1960, § 42.0710 (7) as enacted by SL 1961, ch 211, § 1.
45-9-46. Operation of well upon unit area--Unit of production allocated to separately owned tract.
All operations, including the commencement, drilling, or operation of a well upon any portion of the unit area are deemed for all purposes the conduct of such operations upon each separately owned tract in the area by the several owners of the tracts. The portion of the unit production allocated to a separately owned tract in a unit area is, when produced, deemed, for all purposes, to have been actually produced from the tract by a well drilled on the tract.
Source: SDC Supp 1960, § 42.0710 (8) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 244.
45-9-47. Order of board for unit operation--Express or implied obligations of contract covering land in unit area, fulfillment by conducting operations under order.
Operations conducted pursuant to an order of the Board of Minerals and Environment providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the board.
Source: SDC Supp 1960, § 42.0710 (8) as enacted by SL 1961, ch 211, § 1.
45-9-48. Order of Board of Minerals and Environment for unit operation--Ownership of portion of production allocated and proceeds of sale.
The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations.
Source: SDC Supp 1960, § 42.0710 (9) as enacted by SL 1961, ch 211, § 1.
45-9-49. Order for unit operations does not transfer title.
Except to the extent that the parties affected agree, no order providing for unit operations may be construed to result in a transfer of any part of the title of any person to the oil and gas rights in any tract in the unit area.
Source: SDC Supp 1960, § 42.0710 (11) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 245.
45-9-50. Contract for sale or purchase of production from separately owned tract not terminated.
No division order or other contract relating to the sale or purchase of production from a separately owned tract may be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to the tract until terminated in accordance with the provisions of the order or contract.
Source: SDC Supp 1960, § 42.0710 (10) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 246.
45-9-51. Rights of owners within unit area to property acquired in conduct of unit operation.
All property, whether real or personal, that may be acquired in the conduct of unit operations hereunder shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charged.
Source: SDC Supp 1960, § 42.0710 (11) as enacted by SL 1961, ch 211, § 1.
45-9-52. Agreement for cooperative development or operation of field or pool--Approval by board--Failure to submit for approval not evidence of antitrust law violation.
An agreement for the unit or cooperative development or operation of a field, pool, or part of the field or pool, may be submitted to the Board of Minerals and Environment for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. The approval constitutes a complete defense to any suit charging violation of any statute of the state relating to trusts and monopolies on account of the agreement or on account of operations conducted pursuant to the agreement. The failure to submit such an agreement to the board for approval does not for that reason imply or constitute evidence that the agreement or operations conducted pursuant to the agreement are in violation of laws relating to trusts and monopolies.
Source: SDC Supp 1960, § 42.0711 as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 247.
45-9-53. Lands to which chapter applies.
This chapter shall apply to all lands located in the state, however owned, including any lands owned or administered by any government or any agency or political subdivision thereof, excepting only such land as shall be specifically exempted by federal statute.
Source: SDC Supp 1960, § 42.0706 (1) as enacted by SL 1961, ch 211, § 1.
45-9-54. Enforcement of chapter--Jurisdiction of board.
The Board of Minerals and Environment has jurisdiction and authority over all persons and property, public and private, necessary to enforce effectively the provisions of this chapter.
Source: SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (1); SDC Supp 1960, § 42.0706 (2) as enacted by SL 1961, ch 211, § 1.
45-9-55. Investigations by board.
The Board of Minerals and Environment shall conduct investigations necessary to determine whether waste exists or is imminent or whether other facts exist that justify action by the board.
Source: SL 1943, ch 153, § 6; SDC Supp 1960, § 42.0706 (2); SDC Supp 1960, § 42.0706 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 248.
45-9-56. Authority of board to act--Upon its own motion--Petition of interested person.
The Board of Minerals and Environment may act upon its own motion or upon the petition of any interested person.
Source: SDC Supp 1960, § 42.0712 (6) as enacted by SL 1961, ch 211, § 1.
45-9-57. Repealed by SL 2012, ch 212, § 4.
45-9-58. Notice of hearing--Service by mail or publication--Proof of service.
The notice of a hearing on any application made pursuant to this chapter shall be served either by certified mail or by publication in a newspaper of general circulation in the county where the affected land, or some part thereof, is situated. The applicant shall give notice of any hearing that may affect property interests by mailing the notice by certified mail, return receipt requested, to any person whose property may be affected by the hearing. As proof of service, the applicant shall file with the board an affidavit declaring that the notice was mailed and the certified mail return receipt. Any person who cannot be served notice by certified mail may be served notice of the hearing by publication.
Source: SDC Supp 1960, § 42.0712 (4) as enacted by SL 1961, ch 211, § 1; SL 1985, ch 343; SL 2012, ch 212, § 5.
45-9-59. Witnesses--Production of books and records.
The Board of Minerals and Environment may summon witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it.
Source: SL 1943, ch 153, § 8; SDC Supp 1960, § 42.0708 (1); SDC Supp 1960, § 42.0713 (1) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 249.
45-9-60. Noncompliance with subpoena--Refusal of witness to testify--Court order--Contempt.
If any person refuses to comply with the subpoena issued by the Board of Minerals and Environment, or if any witness refuses to testify to any matter on which the witness may be interrogated and which is pertinent to the hearing or investigation, any circuit court in the state, upon the application of the board, may in term time or vacation issue an attachment for the person and compel the person to comply with the subpoena, and to appear before the board and produce such records, books, and documents for examination, and to give testimony. The court may punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify in the case.
Source: SL 1943, ch 153, § 8; SDC Supp 1960, § 42.0708 (2); SDC Supp 1960, § 42.0713 (2) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 250.
45-9-61. Prior rules, regulations, and orders continued in force--Accrued penalties and liabilities not repealed.
All rules, regulations, or orders made pursuant to the statute in effect prior to July 1, 1961, shall, so far as consistent with this chapter, remain in full force and effect until modified, amended, or repealed by appropriate authority.
Source: SDC Supp 1960, §§ 42.0717, 42.0718 as enacted by SL 1961, ch 211, § 1; SL 1993, ch 256, § 48.
45-9-63. Repealed by SL 2012, ch 212, § 6.
45-9-64. Emergency order of board--Issuance without notice or hearing--Promulgation--Termination.
When an emergency requiring immediate action is found to exist the Board of Minerals and Environment is authorized to issue an emergency order without notice or hearing, which shall be effective upon promulgation. No emergency order shall remain effective for more than fifteen days.
Source: SL 1943, ch 153, § 7; SDC Supp 1960, § 42.0707 (3); SDC Supp 1960, § 42.0712 (3) as enacted by SL 1961, ch 211, § 1.
45-9-67. Appeal from rule, regulation, or order of board--Persons adversely affected--Procedure.
Any person adversely affected by any rule, regulation, or order of the Board of Minerals and Environment issued in pursuance to this chapter, may appeal therefrom by following the procedure set forth in chapter 1-26.
Source: SL 1943, ch 153, §§ 9, 12; SDC Supp 1960, §§ 42.0709, 42.0712; SDC Supp 1960, § 42.0716 as enacted by SL 1961, ch 211, § 1.
45-9-68. Violation of law, rule, regulation, or order--Civil penalty--Liability for damages to environment.
Any person who violates any provision of this chapter, or any rule, regulation, or order of the Board of Minerals and Environment is subject to a civil penalty of not more than five hundred dollars for each act of violation and for each day that such violation continues, or is liable for damages to the environment of this state, or both.
Source: SDC Supp 1960, § 42.0714 (1) as enacted by SL 1961, ch 211, § 1; SL 1988, ch 291, § 24.
45-9-69. Action by attorney general to recover civil penalties--Venue.
The penalties provided in § 45-9-68 shall be recoverable by suit filed by the attorney general in the name and on behalf of the State of South Dakota in the circuit court for the county in which the defendant resides, or if there be more than one defendant, in the circuit court for any county in which the violation occurred.
Source: SDC Supp 1960, § 42.0714 (2) as enacted by SL 1961, ch 211, § 1.
45-9-70. Shutting down and sealing property or equipment by secretary for violation--Cancelation of lease or bond forfeiture.
The secretary of agriculture and natural resources, acting for the Board of Minerals and Environment, may shut down any operation and place under seal any property or equipment for failure to comply with the oil and gas law or rules, may enter upon any land and perform any operation that the operator fails to perform if ordered to do so in writing, and may recommend cancellation of any state lease and forfeiture under the bond for noncompliance with the applicable law, lease terms, and rules.
Source: SDC Supp 1960, § 42.0715 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 251; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
45-9-71. Action for injunction--Service--Order.
If it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order of the Board of Minerals and Environment, and unless the board without litigation can effectively prevent violation or threat of violation, the board shall bring suit against the person in the circuit court for any county where the violation is occurring or is threatened, to restrain the person from continuing the violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to the person may be directed to the sheriff of any county in this state for service by the sheriff. In any such suit, the court has jurisdiction to grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions.
Source: SL 1943, ch 153, § 11; SDC Supp 1960, § 42.0711; SDC Supp 1960, § 42.0715 (1) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 252.
45-9-72. Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person.
If the Board of Minerals and Environment fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any rule or order of the board within ten days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in the person's own behalf to restrain the violation or threatened violation in any court in which the board might have brought suit. The board shall be made a party defendant in the suit in addition to the person violating or threatening to violate a provision of this chapter, or rule or order of the board, and the action shall proceed and injunctive relief may be granted to the board without bond in the same manner as if suit had been brought by the board.
Source: SDC Supp 1960, § 42.0715 (2) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 253.
45-9-73. Procedure for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.
The board, by rules adopted in compliance with chapter 1-26, may provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested case hearing by the board on its own motion or upon protest by the applicant or any person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the secretary's recommendation.
Source: SL 1991, ch 288, § 13; SL 1996, ch 262, § 7.
45-9-74. Hearing on application for order under chapter--Notice--Contested case hearing--Procedure.
The Board of Minerals and Environment shall provide an opportunity for public hearing, through public notice, on any application made for an order under this chapter. The notice shall comply with the provisions of chapter 1-26 and indicate, unless a person files a petition requesting a hearing by the deadline established in the notice, no hearing need be held. If held, the hearing shall be conducted in accordance with chapter 1-26. Any person who files a petition requesting a contested case hearing by the deadline established by the board shall be entitled to be heard during the hearing. The board shall enter its order within thirty days after the hearing. If no hearing is held, the applicant shall submit a proposed order to the secretary for review and approval.
Source: SL 2012, ch 212, § 7.
45-10-1 to 45-10-6. Repealed.