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S.D. Codified Laws § 45-6B-81

Promulgation of rules

Known as the South Dakota Mined Land Reclamation Act

The act spans §§ 45–45 (109 sections).

Applied in 2 court decisions — leading case In re LAC Minerals (USA), LLC's Petition for Release of Reclamation Liability (2017)

Most recently applied in In re LAC Minerals (USA), LLC's Petition for Release of Reclamation Liability (July 2017)

Source: SL 1987, ch 322; SL 1989, ch 381, § 4; SL 2006, ch 224, § 3; SL 2024, ch 181, § 5.

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.