38-14.1-07. Mining is prohibited

38-14.1-07. Mining is prohibited

After August 3, 1977, and subject to valid existing rights, no surface coal mining operations

except those which existed on August 3, 1977, may be permitted:

1. On any lands within the boundaries of units of the North Dakota state park system, the

national park system, the national wildlife refuge systems, the national system of trails,

the national wilderness preservation system, the national wild and scenic rivers

system, including study rivers designated under section 5(a) of the Wild and Scenic

Rivers Act [Pub. L. 90-542; 82 Stat. 906; 16 U.S.C. 1271 et seq.] and national

recreation areas designated by Act of the Congress of the United States.

2. On any federal lands within the boundaries of any national forest unless the

requirements of 30 U.S.C. 1272(e)(2) are met.

3. Within three hundred feet [91.44 meters] of any publicly owned park or places included

in the state historic sites registry or the national register of historic places unless

approved jointly by the commission and the federal, state, or local agency with

jurisdiction over the park or the historic site.

4. Within one hundred feet [30.48 meters] of the outside right-of-way line of any public

road, except where mine access roads or haulage roads join such right-of-way line

and except that the commission with the approval of the proper authority may permit

such roads to be relocated or the area affected to lie within one hundred feet [30.48

meters] of such road, if after public notice and the opportunity for public hearing in the

locality a written finding is made by the proper authority that the interests of the public

and the landowners affected thereby will be protected.

5. Within five hundred feet [152.4 meters] of any occupied dwelling unless approved by

the owner thereof, nor within three hundred feet [91.44 meters] of any public building,

school, church, community, or institutional building, or within one hundred feet [30.48

meters] of a cemetery.