A South Dakota Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure is a legal agreement between the property owner (lessor) and the oil or gas company (lessee) that restricts drilling activities within a specific distance of a structure on the surface of the land. This provision is designed to protect the property owner from potential damage caused by drilling operations. The South Dakota Waiver of Lease Provision is particularly relevant in areas where drilling activities are taking place in proximity to residential or commercial structures. By implementing this provision, the lessor can maintain a safe distance between the drilling operation and the structure, minimizing any adverse impacts on the property. The provision may specify the distance within which drilling is prohibited, typically measured from the edge of the structure. The predetermined distance is often subject to negotiation between the lessor and the lessee, depending on various factors such as the type of structure and its vulnerability to potential damage. Different types of South Dakota Waiver of Lease Provisions may exist, including: 1. Residential Lease Provision: This type of provision specifically addresses residential structures, such as houses, apartments, or condos, ensuring the safety and well-being of the occupants by prohibiting drilling within a certain distance. 2. Commercial Lease Provision: This provision is designed for commercial structures, such as office buildings, retail spaces, or warehouses, where the lessor may have concerns about the impact of drilling on the operation of businesses or the safety of employees and customers. 3. Agricultural Lease Provision: In rural areas where agricultural activities are prevalent, this provision takes into account the farming or ranching structures, machinery, and livestock, aiming to protect the livelihood and assets of the lessor. It is important for both lessors and lessees to carefully consider and negotiate the terms of the South Dakota Waiver of Lease Provision to ensure that their respective interests are safeguarded. Consulting with legal professionals familiar with South Dakota regulations and industry practices is strongly recommended ensuring compliance and effective implementation of this provision.