§ 38-14.1-07 — Mining is prohibited

North Dakota § 38-14.1-07

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-14.1: Surface Mining and Reclamation Operations

Text

After August 3, 1977, and subject to valid existing rights, no surface coal mining operations
except those which existed on August 3, 1977, may be permitted:
1. On any lands within the boundaries of units of the North Dakota state park system, the
national park system, the national wildlife refuge systems, the national system of trails,
the national wilderness preservation system, the national wild and scenic rivers
system, including study rivers designated under section 5(a) of the Wild and Scenic
Rivers Act [Pub. L. 90-542; 82 Stat. 906; 16 U.S.C. 1271 et seq.] and national
recreation areas designated by Act of the Congress of the United States.
2. On any federal lands within the boundaries of any national forest unless the
requirements of 30 U.S.C. 1272(e)(2) are met.
3. Within three hundred feet [91.44 meters] of any publicly owned park or places included
in the state historic sites registry or the national register of historic places unless
approved jointly by the commission and the federal, state, or local agency with
jurisdiction over the park or the historic site.
4. Within one hundred feet [30.48 meters] of the outside right-of-way line of any public
road, except where mine access roads or haulage roads join such right-of-way line
and except that the commission with the approval of the proper authority may permit
such roads to be relocated or the area affected to lie within one hundred feet [30.48
meters] of such road, if after public notice and the opportunity for public hearing in the
locality a written finding is made by the proper authority that the interests of the public
and the landowners affected thereby will be protected.
5. Within five hundred feet [152.4 meters] of any occupied dwelling unless approved by
the owner thereof, nor within three hundred feet [91.44 meters] of any public building,

school, church, community, or institutional building, or within one hundred feet [30.48
meters] of a cemetery.