This bill amends existing mining regulations in South Dakota to establish an alternate approval process for operations that extract materials using explosives. Specifically, it requires operators to obtain a license for mining certain materials, such as sand, gravel, and limestone, but only if these materials are extracted without the use of explosives. Additionally, any operator that intends to use explosives must report their usage to the Department of Agriculture and Natural Resources within ninety days of the bill's enactment. Starting July 1, 2026, operators of new or expanding mining operations that utilize explosives will be required to obtain a permit under chapter 45-6B, with provisions for a six-month extension if they cannot secure the permit by the deadline.
The bill also includes amendments to the definitions within chapter 45-6B, clarifying terms related to mining operations and the materials involved. Notably, it specifies that the use of explosives by contractors or agents is considered the operator's use, and it outlines a transition schedule for operators to move to the new permitting system. The amendments also redefine certain terms, such as "mineral," to exclude specific materials when extracted without explosives, and update the definition of the "Department" to reflect the change from the Department of Environment to the Department of Agriculture and Natural Resources.
Statutes affected: Introduced, 02/04/2026: 45-6-65, 45-6B-3