South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:29 - Mined land reclamation
Chapter 74:29:10 - Special, exceptional, critical, or unique lands
Section 74:29:10:09 - Department determination on notice of intent to operate

Universal Citation: SD Admin Rules 74:29:10:09

Current through Register Vol. 50, page 114, March 25, 2024

The department must determine that lands described in a notice of intent to operate are eligible for inclusion on the preliminary list of special, exceptional, critical, or unique lands if:

(1) A complete recommendation that meets the requirements of § 74:29:10:07 is filed;

(2) The lands described in the notice of intent to operate are already included on the preliminary list; or

(3) The assessment required by subdivision 74:29:10:03(6) clearly indicates that the lands described in the notice of intent to operate constitute special, exceptional, critical, or unique lands.

The department may determine that lands described in a notice of intent to operate are eligible for inclusion on the preliminary list of special, exceptional, critical, or unique lands by preparing a nominating petition complying with the requirements of § 74:29:10:16.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-33.4, 45-6B-33.6.

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