The operator may appeal the department's determination by complying with the appeal provisions of SDCL 45-6B-33.7. If the operator does not appeal, the lands described in the notice of intent to operate, as applicable, shall be included on the preliminary list of special, exceptional, critical, or unique lands. If the operator does appeal, the board shall set a time and place for a hearing on the appeal that is not more than 45 days following the filing of the appeal, unless extended by mutual agreement of the parties. The hearing, public notice, and intervention must comply with the requirements of SDCL 45-6B-33.7. Upon receipt of an appeal, the department shall give notice of the appeal to any citizen, organization, or agency that submitted an applicable nominating petition.
S.D. Admin. R. 74:29:10:11
General Authority: SDCL 45-6B-81.
Law Implemented: SDCL 45-6B-33.7.