South Dakota § 45-6B-40 - Removal and handling of topsoil.
Full text of South Dakota South Dakota Codified Laws § 45-6B-40 — Removal and handling of topsoil., with citation guidance and answers to common questions.
§ 45-6B-40. Removal and handling of topsoil.
If it is necessary to remove overburden in order to mine the mineral, topsoil shall be removed from the affected land and segregated from other spoil. If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, vegetative cover, or other means shall be employed so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and is in a useable condition for sustaining vegetation when restored during reclamation. If, in the opinion of the Board of Minerals and Environment, such topsoil is of insufficient quantity or of poor quality for sustaining vegetation or if other strata can be shown to be more suitable for vegetation requirements, the operator shall remove, segregate, and preserve in a like manner such other strata which are best able to support vegetation.
Source: SL 1982, ch 305, § 40.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 45-6B-40
What does South Dakota Codified Laws § 45-6B-40 cover?
Section 45-6B-40 ("Removal and handling of topsoil.") 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 § 45-6B-40?
A common citation format is "South Dakota Codified Laws § 45-6B-40" (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 § 45-6B-40 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.