South Dakota § 45-6D-16 - Consultation with surface owner--Restrictions of owner.

Full text of South Dakota South Dakota Codified Laws § 45-6D-16 — Consultation with surface owner--Restrictions of owner., with citation guidance and answers to common questions.

§ 45-6D-16. Consultation with surface owner--Restrictions of owner.

During the preparation of the reclamation plan required by § 45-6D-8, the applicant shall consult with the surface owner and person in possession of the surface, if other than the owner, and provide such persons with the opportunity to designate, in writing, preferences for the reclamation of the affected land. A copy of such preferences shall be submitted with the application and be considered by the applicant and the Board of Minerals and Environment. The owner may also specify, in writing, reasonable restriction regarding travel areas on the property which will result in minimal soil erosion and further specify that travel under extreme moisture conditions will be avoided. A copy of such reasonable restrictions shall be filed with the application and become part of the terms and conditions of an approved permit. If the applicant does not receive any such written material from the owner, the applicant shall execute an affidavit stating that consultation with the land owner was conducted and that no written materials have been received. Such affidavit shall be filed with the application.

Source: SL 1982, ch 307, § 16.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 45-6D-16

What does South Dakota Codified Laws § 45-6D-16 cover?

Section 45-6D-16 ("Consultation with surface owner--Restrictions of owner.") 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 § 45-6D-16?

A common citation format is "South Dakota Codified Laws § 45-6D-16" (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 § 45-6D-16 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.