§ 14-34-18-3 — Prohibited conditions

(a) Subject to valid existing rights that existed
before August 3, 1977, and except for those operations that existed on
August 3, 1977, and as provided in subsection (c), a surface coal
mining operation may not exist under any of the following conditions:
(1) On land within the boundaries of units of the following:
(A) The National Park System.
(B) The National Wildlife Refuge Systems.
(C) The National System of Trails.
(D) The National Wilderness Preservation System.
(E) The Wild and Scenic Rivers System, including study rivers
designated under the federal Wild and Scenic Rivers Act, as
amended (16 U.S.C. 1271 et seq.).
(F) National Recreation Areas designated by an act of the
United States Congress.
(2) On federal land within the boundaries of a national forest.
However, surface coal mining operations are allowed on the
national forest land if the United States Secretary of the Interior
finds that:
(A) there are no significant recreational, timber, economic, or
other values that are incompatible with surface mining
operations; and
(B) surface operations and effects are incident to an
underground coal mine.
(3) That will adversely affect:
(A) a publicly owned park or a place included in:
(i) the National Register of Historic Places; or
(ii) the Indiana state register of historic sites and structures;
or
(B) a natural landmark included in the National Register of
Historic Places;
unless approved jointly by the director and the federal, state, or
local agency with jurisdiction over the park or the historic site.
(4) Within one hundred (100) feet of the outside right-of-way line
of a public road, except where mine access roads or haulage roads
join the right-of-way line. However, the director may permit:
(A) a road to be relocated; or
(B) the area affected to lie within one hundred (100) feet of the
road if, after public notice and an opportunity for a public
hearing in the locality, a written finding is made that the
interests of the public and the landowners affected will be
protected.
(5) Within three hundred (300) feet from any of the following:
(A) An occupied dwelling, unless waived by the owner.
(B) A public building.
(C) A school.
(D) A church.
(E) A community or an institutional building.
(F) A public park.
(6) Within one hundred (100) feet of a cemetery.
(7) That will violate a local zoning ordinance.
(b) If:
(1) valid rights exist; or
(2) joint agency approval is to be obtained under subsection
(a)(3);
adverse effects of mining shall be minimized.
(c) If the director determines that the public health or safety will be
endangered, the extraction of coal by strip mining methods within the
distances for:
(1) occupied dwellings set forth in subsection (a)(5); and
(2) public roads set forth in subsection (a)(4), except where a
public road is vacated or closed in accordance with law;
is not subject to valid existing rights.
(d) The commission shall adopt rules to establish a planning process
enabling objective decisions based upon competent and scientifically
sound data and information to determine the land areas of Indiana, if
any, that are unsuitable for all or certain types of surface coal mining
operations under the standards set forth in this section. However, the
designation does not prevent the mineral exploration under this article
of an area so designated.
[Pre-1995 Recodification Citation: 13-4.1-14-1.]

Legislative History

As added by P.L.1-1995, SEC.27.