§ 27-931 — Variances

A. The state mine inspector, by rule or conditional order, may allow an owner or operator of an exploration operation or mining unit to vary from any rule adopted pursuant to this chapter or any requirement or condition of a reclamation plan issued pursuant to this chapter if the inspector finds that allowing the variance will not endanger public safety and will not be inconsistent with the criteria established in section 27-973.

B. The inspector may approve innovative reclamation or other measures proposed by the owner or operator that vary from the reclamation standards of this chapter, the financial assurance requirements under article 5 of this chapter or the rules adopted pursuant to this chapter after a public hearing and on a showing that the innovative or other measures can be reasonably expected to achieve the post-mining land use objectives stated in the reclamation plan.