# 30 CFR § 761.14: Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-30-761.14

## Section

- **Citation:** 30 CFR § 761.14
- **Heading:** Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 30—Mineral Resources > CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR > SUBCHAPTER F—AREAS UNSUITABLE FOR MINING > PART 761—AREAS DESIGNATED BY ACT OF CONGRESS

## Text

(a) This section does not apply to:
(1) Lands for which a person has valid existing rights, as determined under § 761.16.
(2) Lands within the scope of the exception for existing operations in § 761.12.
(3) Access or haul roads that join a public road, as described in § 761.11(d)(1).
(b) You must obtain any necessary approvals from the authority with jurisdiction over the road if you propose to:
(1) Relocate a public road;
(2) Close a public road; or
(3) Conduct surface coal mining operations within 100 feet, measured horizontally, of the outside right-of-way line of a public road.
(c) Before approving an action proposed under paragraph (b) of this section, the regulatory authority, or a public road authority that it designates, must determine that the interests of the public and affected landowners will be protected. Before making this determination, the authority must:
(1) Provide a public comment period and opportunity to request a public hearing in the locality of the proposed operation;
(2) If a public hearing is requested, publish appropriate advance notice at least two weeks before the hearing in a newspaper of general circulation in the affected locality; and
(3) Based upon information received from the public, make a written finding as to whether the interests of the public and affected landowners will be protected. If a hearing was held, the authority must make this finding within 30 days after the hearing. If no hearing was held, the authority must make this finding within 30 days after the end of the public comment period.
[64 FR 70833, Dec. 17, 1999]

## Nearby sections

- [30 CFR § 761.1 § 761.1 Scope.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.1.md)
- [30 CFR § 761.3 § 761.3 Authority.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.3.md)
- [30 CFR § 761.5 § 761.5 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.5.md)
- [30 CFR § 761.10 § 761.10 Information collection.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.10.md)
- [30 CFR § 761.11 § 761.11 Areas where surface coal mining operations are prohibited or limited.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.11.md)
- [30 CFR § 761.12 § 761.12 Exception for existing operations.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.12.md)
- [30 CFR § 761.13 § 761.13 Procedures for compatibility findings for surface coal mining operations on Federal lands in national forests.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.13.md)
- [30 CFR § 761.14 § 761.14 Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.14.md)
- [30 CFR § 761.15 § 761.15 Procedures for waiving the prohibition on surface coal mining operations within the buffer zone of an occupied dwelling.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.15.md)
- [30 CFR § 761.16 § 761.16 Submission and processing of requests for valid existing rights determinations.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.16.md)
- [30 CFR § 761.17 § 761.17 Regulatory authority obligations at time of permit application review.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.17.md)
- [30 CFR § 761.200 § 761.200 Interpretative rule related to subsidence due to underground coal mining in areas designated by Act of Congress.](https://www.frixlaw.com/law-library/statutes/ecfr-30-761.200.md)
- [30 CFR § 762.1 § 762.1 Scope.](https://www.frixlaw.com/law-library/statutes/ecfr-30-762.1.md)
- [30 CFR § 762.4 § 762.4 Responsibility.](https://www.frixlaw.com/law-library/statutes/ecfr-30-762.4.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-30-761.14. Check the current official text before relying on it. Not legal advice.