The provisions of § 45-6B-33.1 do not apply to any permit application for a small-scale mining operation. For purposes of this section, a small-scale mining operation is an operation which satisfies the criteria or definition of small-scale operation as set forth in any applicable county zoning ordinance or regulation. However, if applicable county zoning ordinances or regulations do not include a definition of "small-scale operation," the definition set forth in § 45-6B-53 shall apply.
SDCL 45-6B-33.2