§ 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-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-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-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-79 Use of reclamation fund
§ 45-6B-80 Exemption of educational and recreational activities
§ 45-6B-81 Promulgation of rules by board regarding surface mining and reclamation
§ 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-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-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
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Terms Used In South Dakota Codified Laws > Title 45 > Chapter 6B - Mined Land Reclamation

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2