South Dakota § 45-6B-13 Instrument of consultation not obtained--Hearing and order.

South Dakota Statutes

§ 45-6B-13 — Instrument of consultation not obtained--Hearing and order.

South Dakota § 45-6B-13

Title 45MINING, OIL AND GAS

Ch. 45-6AMINED LAND RECLAMATION

This text of South Dakota § 45-6B-13 (Instrument of consultation not obtained--Hearing and order.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 45-6B-13 (2026).

Text

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.

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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.