HB1288 — Changes to Existing Law | SD Legislature Tracker

NEW SECTION added to Chapter 45-6

Any county or first or second class municipality, which has adopted a comprehensive plan, may adopt ordinances or requirements that govern sand, gravel, and aggregate mining operations and are not inconsistent or in conflict with applicable state laws or administrative rules. A county or first or second class 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. If the applicant has substantially complied with the procedure for obtaining any necessary county or city permits but has not obtained permits due to administrative delay, the Board of Minerals and Environment may grant a mining permit that 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. 17

Section 45-6-65 — AMENDED

45-6-65. 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, and section of this Act, 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. 18