North Dakota § 38-14.1-30 Administrative review of commission rulings - Formal hearings

North Dakota Statutes

§ 38-14.1-30 — Administrative review of commission rulings - Formal hearings

North Dakota § 38-14.1-30

Title 38Mining and Gas and Oil Production

Ch. 38-14.1Surface Mining and Reclamation Operations

This text of North Dakota § 38-14.1-30 (Administrative review of commission rulings - Formal hearings) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 38-14.1-30 (2026).

Text

6.If the commission decides to release the bond either totally or in part, the commission shall notify the county commissioners and the mayors of the municipalities in the county in which the applicable surface coal mining operation is located by certified mail, at least thirty days prior to the actual release of all or a portion of the bond.

7.The commission may release bond as follows:

a.When the permittee completes the backfilling, regrading, and drainage control in a bonded area, forty percent of the bond for the area may be released.

b.After spreading suitable plant growth material or other suitable strata on the regraded land, twenty percent of the bond for the area may be released.

c.After vegetation is established on the regraded land, additional bond may be released. The comm

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6. If the commission decides to release the bond either totally or in part, the commission
shall notify the county commissioners and the mayors of the municipalities in the
county in which the applicable surface coal mining operation is located by certified
mail, at least thirty days prior to the actual release of all or a portion of the bond.
7. The commission may release bond as follows:
a. When the permittee completes the backfilling, regrading, and drainage control in
a bonded area, forty percent of the bond for the area may be released.
b. After spreading suitable plant growth material or other suitable strata on the
regraded land, twenty percent of the bond for the area may be released.
c. After vegetation is established on the regraded land, additional bond may be
released. The commission shall retain sufficient bond to cover third-party
revegetation and associated costs for the period set by subsection 18 of section
38-14.1-24, provided:
(1) There may be no release under this subdivision until the requirements of
subdivision b of subsection 8 of section 38-14.1-24 are met and prime
farmlands are returned to productivity equal to or greater than nonmined
prime farmland in the surrounding area under equivalent management
practices.
(2) If there is a permanent silt dam impoundment under subsection 7 of section
38-14.1-24, bond may be released if the commission approves the
commitments for future maintenance.
d. When the permittee has successfully completed all surface coal mining and
reclamation operations, and after the period set by subsection 18 of section
38-14.1-24, the remaining bond may be released. No bond may be fully released
until all reclamation requirements are met.
8. Until reclamation has been accomplished to the satisfaction of the commission and
until the bond has been fully released pursuant to subsection 7, control of the affected
lands shall remain in the commission, and the commission may not allow use of the
land which is inconsistent with reclamation.