N.Y. Comp. Codes R. & Regs. tit. 6 § 420.2
Current through Register Vol. 46, No. 45, November 2, 2024
(a) This Subchapter shall be interpreted to carry out the policies of the State to foster and encourage the development of an economically sound and stable mining and mineral industry, and the orderly development of domestic mineral resources and reserves necessary to assure satisfaction of economic needs compatible with sound environmental management practices; and to provide for the wise and efficient use of the resources available for mining and to provide, in conjunction with such mining operations, for reclamation of affected lands; to encourage productive use including but not restricted to: the planting of forests, the planting of crops for harvest, the seeding of grass and legumes for grazing purposes, the protection and enhancement of wildlife and aquatic resources, the establishment of recreational, home, commercial, and industrial sites; to provide for the conservation, development, utilization, management and appropriate use of all the natural resources of such areas for compatible multiple purposes; to prevent pollution; to protect and perpetuate the taxable value of property; and to protect the health, safety and general welfare of the people, as well as the natural beauty and aesthetic values in the affected areas of the State.(b) The provisions of title 27 and this Subchapter shall apply to all mines from which 1,000 tons or 750 cubic yards of minerals, whichever is less, are to be removed from the earth within 12 successive calendar months after September 1, 1991.(c) The provisions of title 27 and this Subchapter shall be statewide in application, except as provided in this Subchapter, and for the purposes stated in this Subchapter shall supersede all other State and local laws relating to mining and reclamation. No local government shall be prevented from enacting or enforcing local laws or ordinances of general applicability, except that such local laws or ordinances shall not regulate mining and/or reclamation activities, or from enacting or enforcing local zoning ordinances or laws which determine permissible uses in zoning districts.(d) The provisions of title 27 and this Subchapter shall not apply to the Commissioner of General Services acting with respect to State-owned lands under water pursuant to the Public Lands Law.N.Y. Comp. Codes R. & Regs. Tit. 6 § 420.2