revise public notice requirements for new sand, gravel, and construction aggregate mines.

26.562.27 101st Legislative Session 188

2026 South Dakota Legislature
Senate Bill 188

Introduced by: Senator Carley

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise public notice requirements for new sand, gravel, and construction 1
aggregate mines. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 45-6-68 be AMENDED: 4
45-6-68. The operator shall must publish notice of each mine mining operation 5
once in a newspaper of general circulation in the locality of the operation, at least fourteen 6
days before the commencement of mining, if the operation will affect an area of ten acres 7
or less, or will annually extract less than twenty-five thousand tons of material. 8
If the operation will affect an area greater than ten acres, or annually extract at 9
least twenty-five thousand tons of material, the operator must publish notice of each mine 10
operation at least three times in a newspaper of general circulation in the locality of the 11
operation. The first notice must be published no sooner than one hundred eighty days 12
before the commencement of the mining operation. The second notice must be published 13
at least ninety days before the commencement of the mining operation. The third notice 14
must be published at least thirty days before the commencement of the mining operation. 15
The notice shall contain the must: 16
(1) State the identity and address of the operator and resident agent, the; 17
(2) State the location of the mining operation, whether; 18
(3) State whether the mineral to be mined is sand, gravel, or rock to be crushed and 19
used in construction, the ; 20
(4) State whether the mining operation is to involve the use of explosives; 21
(5) Include any plans to mitigate dust, stormwater runoff, and noise from the 22
operation; 23
(6) State the dates of commencement and completion of the operation, the; 24
(7) Describe any proposed future use of the affected land; and the location 25
(8) Indicate where additional information about the operation may be obtained. 26
26.562.27 2 188
Underscores indicate new language.
Overstrikes indicate deleted language.
Section 2. That § 45-6-69 be AMENDED: 1
45-6-69. The operator of a mining operation that affects an area of ten acres or 2
less, or extracts less than twenty-five thousand tons of material, shall submit notification, 3
consisting of forward all information required in § 45-6-68, together with a map of the 4
affected area and the information required in the newspaper notice to the South Dakota , 5
to the persons listed in this section at least fourteen days before the commencement of 6
mining. 7
The operator of a mining operation that affects an area greater than ten acres, or 8
annually extracts at least twenty -five thousand tons of material, shall forward all 9
information required in § 45-6-68, together with a map of the affected area, to the persons 10
listed in this section at least ninety days before the commencement of mining. The 11
information must be forwarded to: 12
(1) The Department of Agriculture and Natural Resources, the South Dakota; 13
(2) The Department of Game, Fish and Parks, the South Dakota; 14
(3) The Department of Education, and the local conservation district, of the operator's 15
intent to commence mining at a new mine site at least thirty days before beginning 16
mining operations; 17
(4) The conservation district within which the mining site is located; 18
(5) Any individual who lives within a two-mile radius of the center of the mine site and 19
who can be reached by direct mail; 20
(6) The board of commissioners for the county in which the proposed mining operation 21
is located; 22
(7) The governing board of any municipality located within ten miles of the site of the 23
proposed mining operation; 24
(8) Any broadcast media located in the county where the proposed mining operation 25
is located; and 26
(9) Any statewide public notice website maintained by a media organization in this 27
state. 28
Section 3. That § 45-6-70 be AMENDED: 29
45-6-70. When an emergency situation exists and when in the public interest, the 30
secretary of agriculture and natural resources may waive the minimum fourteen-day 31
advertising requirements and thirty-day notice requirement of §§ time period applicable 32
26.562.27 3 188
Underscores indicate new language.
Overstrikes indicate deleted language.
to the publication of notices under § 45-6-68 and the dissemination of information under 1
§ 45-6-69. 2