Colorado § 34-32-116.5 - Environmental protection plan - designated mining operation - rules.
Full text of Colorado Colorado Revised Statutes § 34-32-116.5 — Environmental protection plan - designated mining operation - rules., with citation guidance and answers to common questions.
§ 34-32-116.5. Environmental protection plan - designated mining operation - rules.
(1) (a) An environmental protection plan shall be required for all designated mining operations.
(b) All nondesignated mining operations are exempt from this section.
(2) Once adopted, the provisions of an environmental protection plan shall be enforceable by the board and by the office to the same extent as any other permit provision or condition.
(3) (a) The board shall promulgate rules pursuant to section 34-32-109 (5) to require a holder of an existing permit for a designated mining operation to submit a proposed environmental protection plan for approval by the office or board.
(b) The plan and fees due pursuant to this subsection (3) shall be due by the date established by the board by rule.
(4) (a) If an existing permit contains the necessary elements of an environmental protection plan, the office or board may deem the existing permit to be adequate to comply with the environmental protection plan.
(b) For any environmental protection plan submitted for an existing operation, the office shall determine whether the proposed environmental protection plan shall be considered a technical revision or an amendment, as defined by rule, or that no modification to the existing permit is necessary.
(5) The board shall promulgate rules governing the form, content, and requirements of an environmental protection plan for any designated mining operation. In promulgating such rules, the board shall consider the economic reasonableness, the technical feasibility, and the level or degree of environmental concerns, as applicable.
(6) All applicants for new permits shall contact the division of parks and wildlife for appropriate wildlife protection recommendations which shall be reviewed as part of the application process. If protecting wildlife is determined to be necessary by the board, the office may incorporate such wildlife protection recommendations into the new permit as a condition for such permit.
Source: L. 93: Entire section added, p. 1183, § 9, effective July 1. L. 2007: (3)(b) amended, p. 2047, § 89, effective June 1.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 34-32-116.5
What does Colorado Revised Statutes § 34-32-116.5 cover?
Section 34-32-116.5 ("Environmental protection plan - designated mining operation - rules.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 34-32-116.5?
A common citation format is "Colorado Revised Statutes § 34-32-116.5" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 34-32-116.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.