Idaho § 47-1509 - Procedures in reclamation

Full text of Idaho Idaho Statutes § 47-1509 — Procedures in reclamation, with citation guidance and answers to common questions.

§ 47-1509. Procedures in reclamation

(a) Except as otherwise provided in this act, every operator who conducts exploration or mining operations that disturb two (2) or more acres within the state of Idaho shall perform the following reclamation activities:

(1) Ridges of overburden shall be leveled in such manner as to have a minimum width of ten (10) feet at the top.

(2) Peaks of overburden shall be leveled in such a manner as to have a minimum width of fifteen (15) feet at the top.

(3) Overburden piles shall be reasonably prepared to control erosion.

(4) Manage water as necessary to meet the requirements authorized under chapter 1, title 39 , Idaho Code.

(5) Roads that are abandoned shall be cross-ditched insofar as necessary to avoid erosion gullies.

(6) Exploration drill holes shall be plugged or otherwise left so as to eliminate hazards to humans or animals.

(7) Abandoned affected lands shall be topped to the extent that such overburden is reasonably available from the pit, with that type of overburden conducive to the control of erosion or the growth of the vegetation that the operator elects to plant thereon.

(8) The operator shall conduct revegetation activities on the mined areas, overburden piles, and abandoned roads in accordance with the provisions of this act.

(9) Tailings ponds shall be reasonably prepared in such a condition that they will not constitute a hazard to human or animal life.

(10) Complete all other reclamation required in the approved reclamation plan.

(b) The board may request, in writing, that a given road or portion thereof not be cross-ditched or revegetated and, upon such request, the operator shall be excused from performing such activities as to such road or portion thereof.

(c) Every operator who conducts exploration or mining operations that disturb less than two (2) acres within the state of Idaho shall, wherever possible, contour the lands so disturbed to approximate the previous contour of the lands.

(d) The operator and board may agree, in writing, to do any act with respect to reclamation above and beyond the requirements herein set forth.

[47-1509, added 1971, ch. 206, sec. 9, p. 898; am. 1973, ch. 180, sec. 4, p. 415; am. 2016, ch. 22, sec. 1, p. 28; am. 2019, ch. 226, sec. 9, p. 701.]

Frequently Asked Questions About Idaho § 47-1509

What does Idaho Statutes § 47-1509 cover?

Section 47-1509 ("Procedures in reclamation") is part of the Idaho Statutes, the codified statutory law of Idaho. 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 Idaho § 47-1509?

A common citation format is "Idaho Statutes § 47-1509" (Idaho). 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 Idaho law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.

How does Idaho § 47-1509 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho 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 Idaho.