{"data":{"id":"us-sd/sdcl-45-6b-33","jurisdiction":"us-sd","citation":"SDCL § 45-6B-33","heading":"Unsuitable land--No permit issued.","body":"No permit may be issued for a mining operation proposed on unsuitable land. Land is unsuitable if the following conditions cannot be satisfactorily mitigated:\n(1) Reclamation of the affected land pursuant to the requirements of this chapter is not physically or economically feasible;\n(2) Substantial disposition of sediment in stream or lake beds, landslides, or water pollution cannot feasibly be prevented;\n(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;\n(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;\n(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\n(6) The board finds that any probable adverse socioeconomic impacts of the proposed mining operation outweigh the probable beneficial impacts of the operation.","path":["TITLE 45. MINING, OIL AND GAS","CHAPTER 45-6B. MINED LAND RECLAMATION"],"source_url":"https://sdlegislature.gov/Statutes/45-6B-33","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"b97b7efa66c5943c32954ad27d451f4efce6d7c27145c970be18e5a8e0b471e2","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-45-6b-32","next":"us-sd/sdcl-45-6b-33.1"},"notice":"GroundRules: Original legal text. Not legal advice."}