South Dakota legislation · 101st Legislature (2026)
South Dakota HB1288: modify the authority of a political subdivision to adopt mining ordinances.
Status: Failed, February 17, 2026
What the bill says
An Act to modify the authority of a political subdivision to adopt mining ordinances.
From the introduced text, February 4, 2026:
An Act to modify the authority of a political subdivision to adopt mining ordinances. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 45-6-65 be AMENDED: 45-6-65. An operator shall obtain a license to (2) Gravel; (3) Rock to be crushed and used in construction; (4) Pegmatite minerals; (5) Limestone; and (6) Iron ore, gypsum, shale, pozzolan, and other materials used in the process of making cement or lime. The operator shall comply with the requirements of §§ 45-6-68, 45-6-69, 45-6-71, [DELETED: and] 45-6-72, [ADDED: and section 2 of this Act, ] for each site to be mined. Failure to comply with these requirements for each site mined constitutes mining without a license. The fee for the license is one hundred dollars annually, for each mine site authorized under the license. The department shall forward any fees collected under this section to the state treasurer for deposit in the environment and natural resources fee fund established in § 1-41-23. Section 2. That a NEW SECTION be added to chapter 45-6: [ADDED: Any county or first or second class municipality, which has adopted a comprehensive plan, may adopt ordinances or requirements that govern sand, gravel, and aggregate mining operations and are not inconsistent or in conflict with applicable state laws or administrative rules.] [ADDED: …
Sponsors
- John Carley (R, SD-029) · primary sponsor
- Terri Jorgenson (R, HD-029) · primary sponsor
- Timothy Goodwin (R, HD-030)
- Kathy Rice (R, HD-029)
Latest actions
- : Deferred to the 41st legislative day
- : Motion to amend
- : Scheduled for hearing
- : First read in House and referred to Agriculture and Natural Resources
Votes
- Deferred to the 41st legislative day (February 12, 2026): 7 yea, 3 nay, passed
Subjects: Administrative Procedure, Licensure, Mining, Oil and Gas, Planning, Zoning and Housing Programs
Common questions
- What is HB1288?
- HB1288 is a bill in the South Dakota Legislature (101st Legislature (2026)): modify the authority of a political subdivision to adopt mining ordinances.
- What does HB1288 do?
- In its own words: An Act to modify the authority of a political subdivision to adopt mining ordinances.
- What is the status of HB1288?
- Failed as of February 17, 2026. Latest action: Deferred to the 41st legislative day (February 17, 2026).
- Who sponsored HB1288?
- John Carley (R, SD-029), with 3 co-sponsors.
- Where is the official record for HB1288?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/27266
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.