North Dakota § 38-14.1-01 Declaration of findings and intent

North Dakota Statutes

§ 38-14.1-01 — Declaration of findings and intent

North Dakota § 38-14.1-01

Title 38Mining and Gas and Oil Production

Ch. 38-14.1Surface Mining and Reclamation Operations

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Bluebook

N.D. Cent. Code § 38-14.1-01 (2026).

Text

The legislative assembly finds and declares that:

1.Many surface coal mining operations may result in disturbances of surface areas that adversely affect the public welfare by diminishing the utility of land for commercial, industrial, residential, cultural, educational, scientific, recreational, agricultural, and forestry purposes, by causing erosion, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property, by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, other natural resources, and cultural resources.

2.The expansion of coal mining to meet the nation's energy needs makes eve

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The legislative assembly finds and declares that:
1. Many surface coal mining operations may result in disturbances of surface areas that
adversely affect the public welfare by diminishing the utility of land for commercial,
industrial, residential, cultural, educational, scientific, recreational, agricultural, and
forestry purposes, by causing erosion, by polluting the water, by destroying fish and
wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by
creating hazards dangerous to life and property, by degrading the quality of life in local
communities, and by counteracting governmental programs and efforts to conserve
soil, water, other natural resources, and cultural resources.
2. The expansion of coal mining to meet the nation's energy needs makes even more
urgent the establishment of appropriate standards to minimize damage to the
environment and to productivity of the soil and to protect the health and safety of the
public.
3. Surface mining and reclamation technology as now developed requires effective and
reasonable regulation of surface coal mining operations in accordance with the
requirements of this chapter to minimize so far as practicable the adverse social,
economic, and environmental effects of such mining operations.
4. Surface coal mining operations contribute to the economic well-being, security, and
general welfare of the state and should be conducted in an environmentally sound
manner.
5. Surface coal mining and reclamation operations should be so conducted as to aid in
maintaining and improving the tax base, to provide for the conservation, development,
management, and appropriate use of all the natural resources of affected areas for
compatible multiple purposes, and to ensure the restoration of affected lands
designated for agricultural purposes to the level of productivity equal to or greater than
that which existed in the permit area prior to mining.
6. Warrantless inspections are necessary in this state to ensure effective enforcement of
surface coal mining and reclamation operation requirements.