§ 23-2703 — Declaration of policy

§ 23-2703. Declaration of policy.\n 1. The legislature hereby declares that it is the policy of this state\nto foster and encourage the development of an economically sound and\nstable mining industry, and the orderly development of domestic mineral\nresources and reserves necessary to assure satisfaction of economic\nneeds compatible with sound environmental management practices. The\nlegislature further declares it to be the policy of this state to\nprovide for the management and planning for the use of these\nnon-renewable natural resources and to provide, in conjunction with such\nmining operations, for reclamation of affected lands; to encourage\nproductive use including but not restricted to the planting of forests,\nthe planting of crops for harvest, the seeding of grass and legumes for\ngrazing purposes, the protection and enhancement of wildlife and aquatic\nresources, the establishment of recreational, home, commercial, and\nindustrial sites; to provide for the conservation, development,\nutilization, management and appropriate use of all the natural resources\nof such areas for compatible multiple purposes; to prevent pollution; to\nprotect and perpetuate the taxable value of property; to protect the\nhealth, safety and general welfare of the people, as well as the natural\nbeauty and aesthetic values in the affected areas of the state.\n 2. For the purposes stated herein, this title shall supersede all\nother state and local laws relating to the extractive mining industry;\nprovided, however, that nothing in this title shall be construed to\nprevent any local government from:\n a. enacting or enforcing local laws or ordinances of general\napplicability, except that such local laws or ordinances shall not\nregulate mining and/or reclamation activities regulated by state\nstatute, regulation, or permit; or\n b. enacting or enforcing local zoning ordinances or laws which\ndetermine permissible uses in zoning districts. Where mining is\ndesignated a permissible use in a zoning district and allowed by special\nuse permit, conditions placed on such special use permits shall be\nlimited to the following:\n (i) ingress and egress to public thoroughfares controlled by the local\ngovernment;\n (ii) routing of mineral transport vehicles on roads controlled by the\nlocal government;\n (iii) requirements and conditions as specified in the permit issued by\nthe department under this title concerning setback from property\nboundaries and public thoroughfare rights-of-way natural or man-made\nbarriers to restrict access, if required, dust control and hours of\noperation, when such requirements and conditions are established\npursuant to subdivision three of section 23-2711 of this title;\n (iv) enforcement of reclamation requirements contained in mined land\nreclamation permits issued by the state; or\n c. enacting or enforcing local laws or ordinances regulating mining or\nthe reclamation of mines not required to be permitted by the state; or\n d. enacting or enforcing local laws or ordinances requiring the\nmonitoring of groundwater impacts resulting from mining or the\nreclamation of mines within counties with a population of one million or\nmore which draw their primary source of drinking water for a majority of\ncounty residents from a designated sole source aquifer.\n 3. No agency of this state shall consider an application for a permit\nto mine as complete or process such application for a permit to mine\npursuant to this title, within counties with a population of one million\nor more which draw their primary source of drinking water for a majority\nof county residents from a designated sole source aquifer, if local\nzoning laws or ordinances prohibit mining uses within the area proposed\nto be mined.\n