Colorado § 34-32.5-123 Operating without a permit - penalty

Colorado Statutes

§ 34-32.5-123 — Operating without a permit - penalty

Colorado § 34-32.5-123

Title 34Mineral

Art.Colorado Land Reclamation Act for the

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Bluebook

Colo. Rev. Stat. § 34-32.5-123 (2026).

Text

(1)If an operator or person conducting exploration fails to obtain a valid permit or file a notice of intent pursuant to this article, the board or the office may issue an immediate cease-and-desist order. Concurrently with the issuance of such an order, the board or the office may seek a restraining order or injunction pursuant to section 34-32.5-124.

(2)An operator who operates without a permit shall be subject to a civil penalty of not less than one thousand dollars per day nor more than five thousand dollars per day for each day the land has been affected, not to exceed three hundred sixty-five days. An operator who mines substantial acreage beyond the approved permit boundary may be found to be operating without a permit.

(3)A person who conducts exploration without filing

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(1) If an operator or
person conducting exploration fails to obtain a valid permit or file a notice of intent
pursuant to this article, the board or the office may issue an immediate cease-and-desist order. Concurrently with the issuance of such an order, the board or the
office may seek a restraining order or injunction pursuant to section 34-32.5-124.

(2) An operator who operates without a permit shall be subject to a civil
penalty of not less than one thousand dollars per day nor more than five thousand
dollars per day for each day the land has been affected, not to exceed three
hundred sixty-five days. An operator who mines substantial acreage beyond the
approved permit boundary may be found to be operating without a permit.

(3) A person who conducts exploration without filing a notice of intent shall
be subject to a civil penalty of not less than fifty dollars per day nor more than two
hundred dollars per day for each day the land has been affected. Such penalties
shall be assessed for not less than one day and not more than sixty days.

(4) In addition to the civil penalties imposed in subsections (2) and (3) of this
section, the board shall also assess a civil penalty in an amount not less than the
amount necessary to cover costs incurred by the division in investigating the
alleged violation.