La. Admin. Code tit. 43 § XV-1105

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1105 - Areas Where Mining Is Prohibited or Limited

A. No surface coal mining operation shall be conducted on the following lands unless the applicant has either valid existing rights, as determined under §2323, or qualifies for the exception for existing operations under §1109:

1. on any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under §5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1276(a), or study rivers or study river corridors as established in any guidelines pursuant to that Act, and National Recreation Areas designated by Act of Congress;

2. on any state or federal lands within the boundaries of any state or national forest; provided, however, that surface coal mining operations may be permitted on state lands if the commissioner finds that there are no significant recreational, timber, economic or other values which may be incompatible with surface coal mining operations;

3. on any lands which will adversely affect any publicly owned park or any place included on the National Register of Historic Places, unless approved jointly by the office and the federal, state or local agency with jurisdiction over the park or place;

4. within 100 feet measured horizontally of the outside right-of-way line of any public road, except:

a. where mine access roads or haulage roads join such right-of-way line;

b. where the office allows the public road to be relocated or the area affected to be within 100 feet of such road, after public notice and opportunity for a public hearing in accordance with §1107 D, and after making a written finding that the interests of the affected public and landowners will be protected;

5. within 300 feet measured horizontally from any occupied dwelling, unless the owner thereof has provided a written waiver consenting to surface coal mining operations closer than 300 feet;

6. within 300 feet measured horizontally of any public building, school, church, community or institutional building or public park;

7. within 100 feet measured horizontally of a cemetery.

La. Admin. Code tit. 43, § XV-1105

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994), LR 29:1493 (August 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.