Natural Resources Conservation Laws
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Chapter 9: State Surface Mining Laws
n general, most states enacted the surface mining laws with the main policy of
protecting and conserving the state natural resources and reclaiming land
affected by surface mining. To effectuate this policy, these state laws require each
person to obtain a surface mining license, unless statutorily exempted, before
engaging in any surface mining operations. In addition to the license requirement,
all licensees must obtain a permit. Among other things, most importantly, a mining
and reclamation plan and a map must accompany each permit application. Once the
authoritative department approves a permit application, and before commencing
mining, the applicant must file with the agency a performance bond for each
mining operation. Permittee is required to file an annual mining and reclamation
operations and progress report with the agency. Furthermore, these state laws create
surface mining land reclamation funds to protect and conserve natural resources
and to reclaim areas affected by surface mining operations.
Maryland is unique in that it has two additional provisions in its Surface Mining
law to remedy dewatering in karst terrain. These provisions protect the affected
property owners in Baltimore, Carroll, Frederick, and Washington Counties where
karst terrain is found. The law requires the agency to establish zones of dewatering
influence around surface mines in karst terrain and to administer program requiring
permittees to mitigate or compensate affected property owners in those counties.
Pennsylvania law is unique in that it specifically prohibits surface operations in
certain areas, for example, lands within the boundaries of units of the National Park
System, the National Wildlife Refuge System, the National System of Trails, the
National Wilderness Preservation System, the Wild and Scenic Rivers Systems,
and the National Recreation Areas designated by Act of Congress. The
Pennsylvania law requires its authoritative agency to est