South Dakota § 45-6B-33 Unsuitable land--No permit issued.

South Dakota Statutes

§ 45-6B-33 — Unsuitable land--No permit issued.

South Dakota § 45-6B-33

Title 45MINING, OIL AND GAS

Ch. 45-6AMINED LAND RECLAMATION

This text of South Dakota § 45-6B-33 (Unsuitable land--No permit issued.) 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-33 (2026).

Text

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 area

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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.