South Dakota § 45-6-71 - Security required--Amount--Conditions--Alternatives.
Full text of South Dakota South Dakota Codified Laws § 45-6-71 — Security required--Amount--Conditions--Alternatives., with citation guidance and answers to common questions.
§ 45-6-71. Security required--Amount--Conditions--Alternatives.
Prior to the commencement of mining, an operator shall submit a surety to the department, to be held under the authority of the board.
If a mining operation was licensed prior to July 1, 2024, the surety required by this section must, through June 30, 2026, be in the amount of five hundred dollars per acre of affected land or twenty thousand dollars for the statewide mining of any material listed in § 45-6-65.
Beginning July 1, 2026, and continuing through June 30, 2027, the surety for a mining operation that was licensed prior to July 1, 2024, must be in the amount of one thousand five hundred dollars per acre of affected land or one hundred thousand dollars for the statewide mining of any material listed in § 45-6-65.
Beginning July 1, 2027, and continuing through June 30, 2029, the surety for a mining operation that was licensed prior to July 1, 2024, must be in the amount of two thousand seven hundred and fifty dollars per acre of affected land or two hundred thousand dollars for the statewide mining of any material listed in § 45-6-65.
Beginning July 1, 2029, the surety for a mining operation that was licensed prior to July 1, 2024, must be in the amount of three thousand eight hundred and fifty dollars per acre of affected land or three hundred thousand dollars for the statewide mining of any material listed in § 45-6-65.
If a mining operation is licensed on or after July 1, 2024, the surety required by this section must be in the amount of three thousand eight hundred and fifty dollars per acre of affected land or three hundred thousand dollars for the statewide mining of any material listed in § 45-6-65.
If a corporate surety bond is required, the bond must be signed by the operator, as principal, and by a surety insurer certified under chapter 58-21.
In lieu of the required surety, the operator may provide to the department, to be held under the authority of the board:
(1) An irrevocable letter of credit;
(2) A cash deposit;
(3) A certificate of deposit made payable to the board; or
(4) Government securities.
The surety must remain in effect until the affected land has been reclaimed, the reclamation is approved by the board, and the surety is released by the board.
Source: SL 1983, ch 308, § 9; SL 2024, ch 181, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 45-6-71
What does South Dakota Codified Laws § 45-6-71 cover?
Section 45-6-71 ("Security required--Amount--Conditions--Alternatives.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 45-6-71?
A common citation format is "South Dakota Codified Laws § 45-6-71" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 45-6-71 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.