Md. Code Regs. 26.20.10.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.10.02 - Prohibition

Subject to valid existing rights, as determined under Regulation .07 of this chapter, or an exception for an existing operation under Regulation .04 of this chapter, surface coal mining operations may not be conducted on any of the following lands:

A. Lands within the boundaries of the Youghiogheny River Scenic Corridor;

B. Lands which will adversely affect any publicly owned park or any publicly owned places included on the National Register of Historic Places, unless approved jointly by the Bureau and the federal, State, or local agency with jurisdiction over the park or places;

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

(1) Where mine access roads or haulage roads are located within the right-of-way line in order to join the public road; or

(2) Where the Bureau allows the public road to be relocated, closed, or the area affected to be within 100 feet of this road, after requiring the applicant to obtain the written approval of the authority with jurisdiction over the public road, and making a written finding that the interests of the affected public and landowners will be protected;

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

E. Lands within 25 feet, or a distance of 2 feet for each vertical foot of highwall, whichever is greater, of any adjacent property line, unless the owner of the adjacent property has provided a written waiver consenting to surface coal mining operations within a closer distance;

F. Lands within 300 feet measured horizontally from any public building, school, community or institutional building, or public park; or

G. Lands within 100 feet measured horizontally from a cemetery.

Md. Code Regs. 26.20.10.02

Regulations .02 were previously codified as COMAR 08.13.09.10 a A_C, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.
Regulation .02 amended effective February 12, 2007 (34:3 Md. R. 301)