modify the authority of a political subdivision to adopt mining ordinances.

26.967.11 101st Legislative Session 1288

2026 South Dakota Legislature
House Bill 1288

Introduced by: Representative Jorgenson

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Overstrikes indicate deleted language.
An Act to modify the authority of a political subdivision to adopt mining ordinances. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 45-6-65 be AMENDED: 3
45-6-65. An operator shall obtain a license to mine: 4
(1) Sand; 5
(2) Gravel; 6
(3) Rock to be crushed and used in construction; 7
(4) Pegmatite minerals; 8
(5) Limestone; and 9
(6) Iron ore, gypsum, shale, pozzolan, and other materials used in the process of 10
making cement or lime. 11
The operator shall comply with the requirements of §§ 45-6-68, 45-6-69, 45-6-71, 12
and 45-6-72, and section 2 of this Act, for each site to be mined. Failure to comply with 13
these requirements for each site mined constitutes mining without a license. 14
The fee for the license is one hundred dollars annually, for each mine site 15
authorized under the license. The department shall forward any fees collected under this 16
section to the state treasurer for deposit in the environment and natural resources fee 17
fund established in § 1-41-23. 18
Section 2. That a NEW SECTION be added to chapter 45-6: 19
Any county or first or second class municipality, which has adopted a 20
comprehensive plan, may adopt ordinances or requirements that govern sand, gravel, and 21
aggregate mining operations and are not inconsistent or in conflict with applicable state 22
laws or administrative rules. 23
A county or first or second class municipality may not require additional bonds or 24
sureties, if the same are required by state law or administrative rule. The Board of Minerals 25
26.967.11 2 1288
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and Environment may not grant a permit for a mining operation unless the applicant has 1
complied with all county or city ordinances and requirements and obtained necessary 2
county or city permits. 3
If the applicant has substantially complied with the procedure for obtaining any 4
necessary county or city permits but has not obtained permits due to administrative delay, 5
the Board of Minerals and Environment may grant a mining permit that is conditioned 6
upon the issuance of all necessary county or city permits within sixty days of the date of 7
the board's issuance of the conditioned mining permit. 8
If a county or municipality has adopted an ordinance governing mining operations, 9
any proceedings of and any action taken by the county or municipality with regard to the 10
proposed mining operation may be considered by the Board of Minerals and Environment 11
before the issuance or denial of a permit pursuant to this chapter, including a permit 12
conditioned upon the issuance of all necessary county or city permits. 13
No mining operations may be commenced under a permit conditioned upon the 14
issuance of all necessary county or city permits until the Board of Minerals and 15
Environment is notified by the applicant in writing that the required county or city permits 16
have been obtained by the applicant. 17
Section 3. That § 45-6B-4 be AMENDED: 18
45-6B-4. Any county or first or second class municipality which has adopted a 19
comprehensive plan and zoning ordinances may adopt ordinances or requirements 20
governing mining operations which are not inconsistent or in conflict with applicable state 21
laws or administrative rules. However, such a county or municipality may not require 22
additional bonds or sureties if the same are required by state law or administrative rule. 23
The Board of Minerals and Environment may not grant a permit for a mining operation 24
unless the applicant has complied with all county or city ordinances and requirements and 25
obtained necessary county or city permits. However, if the applicant has substantially 26
complied with the procedure for obtaining any necessary county or city permits but has 27
not obtained such permits due to administrative delay, the Board of Minerals and 28
Environment may grant a mining permit which is conditioned upon the issuance of all 29
necessary county or city permits within sixty days of the date of the board's issuance of 30
the conditioned mining permit. If a county or municipality has adopted an ordinance 31
governing mining operations, any proceedings of and any action taken by the county or 32
municipality with regard to the proposed mining operation may be considered by the Board 33
of Minerals and Environment before the issuance or denial of a permit pursuant to this 34
26.967.11 3 1288
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Overstrikes indicate deleted language.
chapter, including a permit conditioned upon the issuance of all necessary county or city 1
permits. 2
No mining operations may be commenced under a permit conditioned upon the 3
issuance of all necessary county or city permits until the Board of Minerals and 4
Environment is notified by the applicant in writing that the required county or city permits 5
have been obtained by the applicant. 6