§ 45-6B-32 Grant of permit if application in compliance with law--Grounds for denial.

SD Codified L § 45-6B-32 (2019) (N/A)

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45-6B-32. Grant of permit if application in compliance with law--Grounds for denial. The Board of Minerals and Environment shall grant a permit to an operator if the application complies with the requirements of this chapter and all applicable local, state, and federal laws. The board may not deny a permit, except for one or more of the following reasons:

(1) The application is incomplete or the surety has not been posted;

(2) The applicant has not paid the required fee;

(3) Any part of the proposed mining operation, the reclamation program, or the proposed future use is contrary to the laws or regulations of this state or the United States;

(4) The mining operation will adversely affect the stability of any significant, valuable, and permanent man-made structures located within two hundred feet of the affected land, except where there is an agreement between the operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the operator;

(5) The mining operation would be in violation of any county zoning or subdivision regulations;

(6) The proposed mining operation and reclamation can not be carried out in conformance with the requirements of § 45-6B-35;

(7) The operator is currently found to be in violation of the provisions of this chapter with respect to any mining operation in this state; or

(8) The land is unsuitable for a mining operation, as determined pursuant to § 45-6B-33.Source: SL 1982, ch 305, § 32.

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§ 45-6B-31 Modification of application prior to hearing.

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§ 45-6B-33 Unsuitable land--No permit issued.