During a hearing on a mining permit application that includes lands on the preliminary list, the board shall determine whether the lands are finally designated as special, exceptional, critical, or unique. The operator may petition the board to hold a hearing to make the final determination on designation at any time after a mine permit application is filed.

Source: 17 SDR 86, effective December 25, 1990.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-33.4.