S.D. Admin. R. 74:29:07:23

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:29:07:23 - Recreation

The following requirements apply to recreation as an approved postmining land use:

(1) The applicant must identify the proposed type of recreation which the reclamation will provide and must demonstrate the following to the satisfaction of the board:

(a) The affected land will support the proposed type of recreation. This may be accomplished by identifying reference areas having physiographic and ecological characteristics similar to the affected lands. Reference areas, when used, must be determined in consultation with the department of game, fish and parks, the local conservation district, and a panel of three experts, recognized as such by the department, in the type of recreation being proposed; and

(b) A public demand exists for the proposed type of recreation. This may be done with data showing numbers of licenses or permits sold in the area, participant surveys, or sales from area equipment stores; and

(2) Reclamation is complete when it is demonstrated that the type of recreation has been established and all other requirements of the reclamation plan have been met.

S.D. Admin. R. 74:29:07:23

14 SDR 111, effective 3/3/1988.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-7, 45-6B-25, 45-6B-37 to 45-6B-45.