Md. Code Regs. 26.20.13.09

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

Section 26.20.13.09 - Subsidence Control: Surface Owner Protection

A. Each person who conducts underground mining activities shall adopt all measures approved by the Bureau to reduce the likelihood of subsidence, to prevent subsidence that causes material damage or reduces the value of reasonably foreseeable use of surface lands, and to mitigate the effects of this damage or reduction of the value of reasonably foreseeable use of surface lands, and to mitigate the effects of this damage or reduction which may occur.

B. Each person who conducts underground mining which results in subsidence that causes material damage or reduces the value or reasonably foreseeable use of the surface lands shall, with respect to each surface area affected by subsidence:

(1) Restore, rehabilitate, or remove and replace each damaged structure, feature, or value, promptly after the damage is suffered, to the condition it would be in if no subsidence had occurred, and restore the land to a condition capable of supporting reasonably foreseeable uses it was capable of supporting before subsidence;

(2) Purchase the damaged structure or feature for its fair market pre-subsidence value, and promptly after subsidence occurs restore the land surface to a condition capable and appropriate of supporting the purchased structure and other foreseeable uses it was capable of supporting before mining. This may not be deemed to grant or authorize an exercise of the power of condemnation or the right of eminent domain by any person engaged in underground mining activities.

C. Each person who conducts underground mining activities will:

(1) Compensate the owner of any surface structure in the full amount of the diminution in value resulting from subsidence, by purchase before mining of noncancellable premium prepaid insurance policy or other means approved by the Bureau as assuring before mining begins that payment will occur;

(2) Indemnify every person with an interest in the surface for all damages suffered as a result of the subsidence; and

(3) Fully restore the land to a condition capable of maintaining reasonably foreseeable uses which it could support before subsidence.

D. In determining whether damage to protected structures was caused by subsidence from underground mining, the Bureau shall consider all relevant and reasonably available information.

Md. Code Regs. 26.20.13.09

Regulations .09 were previously codified as COMAR 08.13.09.13 a A_J, 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 .09D adopted effective March 14, 2005 (32:5 Md. R. 581)