SDCL § 45-6B-33.5: Alternative restrictions and limitations by board on special, exceptional, critical, or unique land.

If land proposed to be affected by a mining operation includes land that is special, exceptional, critical, or unique and any adverse effects on such lands from the proposed mining operations cannot be satisfactorily mitigated, the board may find such land unsuitable for mining or may do one or more of the following:

(1) Restrict the extent of the land to be affected at any one time to that which would not compromise those attributes of the area that qualify it as special, exceptional, critical, or unique;

(2) Impose limitations on the type of activity allowed and the amount of time the land may be affected; or

(3) Impose limitations that minimize visual impacts and reduce conflicts with scenic and recreational uses.