ARSD 74:29:07:03. Grading and backfilling -- Necessity

Grading, backfilling, and other topographic reconstruction methods must be included in the reclamation plan to achieve visually and functionally compatible contours. Backfilling is not required if the applicant can demonstrate that it is economically or physically infeasible. In determining if backfilling is required or the extent to which it is required, the board shall consider the following factors: (1) Public safety and welfare; (2) Technical and economic feasibility; (3) Surface and mineral ownership; (4) Land use requirements; (5) Pollution potential; and (6) Mineral resource values.