North Dakota § 38-16-01.1 Gravel and sand surface mining operations - Reclamation - Civil action - Penalty

North Dakota Statutes

§ 38-16-01.1 — Gravel and sand surface mining operations - Reclamation - Civil action - Penalty

North Dakota § 38-16-01.1

Title 38Mining and Gas and Oil Production

Ch. 38-16Surface Mining Reports

This text of North Dakota § 38-16-01.1 (Gravel and sand surface mining operations - Reclamation - Civil action - Penalty) 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 § 38-16-01.1 (2026).

Text

Penalty.
Any surface mining operator conducting a gravel or sand surface mining operation on land
in this state owned by another person, upon completion or abandonment of the surface mining
operation, shall reclaim the affected land. Each surface mining operator shall negotiate with the
landowner a written agreement providing for the reclamation of the affected land. Unless the
affected land is to be used for other purposes as agreed upon between the surface mining
operator and the landowner, the reclamation agreement must, at a minimum, provide for
restoration by the surface mining operator of the affected land as nearly as possible to the
agreed contour and usability; indicate the amount of topsoil and subsoil to be saved,
segregated, and respread; and indicate the party responsible for 

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Penalty.
Any surface mining operator conducting a gravel or sand surface mining operation on land
in this state owned by another person, upon completion or abandonment of the surface mining
operation, shall reclaim the affected land. Each surface mining operator shall negotiate with the
landowner a written agreement providing for the reclamation of the affected land. Unless the
affected land is to be used for other purposes as agreed upon between the surface mining
operator and the landowner, the reclamation agreement must, at a minimum, provide for
restoration by the surface mining operator of the affected land as nearly as possible to the
agreed contour and usability; indicate the amount of topsoil and subsoil to be saved,
segregated, and respread; and indicate the party responsible for compaction of backfill, soil
testing, fertilization, revegetation, weed control, rock disposal, and replacement or
establishment of conservation practices. The reclamation must be within a time period agreed
upon between the parties, but within one year after the final cessation of surface mining
operations. A landowner may bring a claim for relief in any appropriate district court against the
surface mining operator who has failed to reclaim properly affected land pursuant to a
reclamation agreement under this section. In an action under this section, a surface mining
operator is liable for damage in an amount necessary to reclaim the land. Any person who
violates any provision of this section is guilty of a class B misdemeanor.