The bill modifies the authority of political subdivisions in South Dakota to adopt mining ordinances. It amends existing law to clarify that any county or first or second class municipality that has adopted a comprehensive plan may establish ordinances governing sand, gravel, and aggregate mining operations, provided these ordinances do not conflict with state laws or administrative rules. Additionally, the bill specifies that these local governments cannot require additional bonds or sureties beyond what is mandated by state law. The Board of Minerals and Environment is prohibited from granting mining permits unless applicants have complied with all local ordinances and obtained necessary permits.

Furthermore, the bill introduces provisions that allow the Board of Minerals and Environment to consider local proceedings and actions regarding proposed mining operations before issuing or denying permits. If an applicant has made substantial efforts to obtain local permits but faces administrative delays, the Board may issue a mining permit conditioned on the timely acquisition of these permits. Importantly, no mining operations can commence under such a conditioned permit until the applicant provides written notification to the Board that all required local permits have been obtained.

Statutes affected:
Introduced, 02/04/2026: 45-6-65, 45-6B-4