Indiana § 14-34-18-3 - Prohibited conditions

§ 14-34-18-3. Prohibited conditions

Sec. 3. (a) Subject to valid existing rights that existed before August 3, 1977, and except for those operations that existed on August 3, 1977, and as provided in subsection (c), a surface coal mining operation may not exist under any of the following conditions:

(1) On land within the boundaries of units of the following:

(A) The National Park System.

(B) The National Wildlife Refuge Systems.

(C) The National System of Trails.

(D) The National Wilderness Preservation System.

(E) The Wild and Scenic Rivers System, including study rivers designated under the federal Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271 et seq.).

(F) National Recreation Areas designated by an act of the United States Congress.

(2) On federal land within the boundaries of a national forest. However, surface coal mining operations are allowed on the national forest land if the United States Secretary of the Interior finds that:

(A) there are no significant recreational, timber, economic, or other values that are incompatible with surface mining operations; and

(B) surface operations and effects are incident to an underground coal mine.

(3) That will adversely affect:

(A) a publicly owned park or a place included in:

(i) the National Register of Historic Places; or

(ii) the Indiana state register of historic sites and structures; or

(B) a natural landmark included in the National Register of Historic Places;

unless approved jointly by the director and the federal, state, or local agency with jurisdiction over the park or the historic site.

(4) Within one hundred (100) feet of the outside right-of-way line of a public road, except where mine access roads or haulage roads join the right-of-way line. However, the director may permit:

(A) a road to be relocated; or

(B) the area affected to lie within one hundred (100) feet of the road if, after public notice and an opportunity for a public hearing in the locality, a written finding is made that the interests of the public and the landowners affected will be protected.

(5) Within three hundred (300) feet from any of the following:

(A) An occupied dwelling, unless waived by the owner.

(B) A public building.

(C) A school.

(D) A church.

(E) A community or an institutional building.

(F) A public park.

(6) Within one hundred (100) feet of a cemetery.

(7) That will violate a local zoning ordinance.

(b) If:

(1) valid rights exist; or

(2) joint agency approval is to be obtained under subsection (a)(3);

adverse effects of mining shall be minimized.

(c) If the director determines that the public health or safety will be endangered, the extraction of coal by strip mining methods within the distances for:

(1) occupied dwellings set forth in subsection (a)(5); and

(2) public roads set forth in subsection (a)(4), except where a public road is vacated or closed in accordance with law;

is not subject to valid existing rights.

(d) The commission shall adopt rules to establish a planning process enabling objective decisions based upon competent and scientifically sound data and information to determine the land areas of Indiana, if any, that are unsuitable for all or certain types of surface coal mining operations under the standards set forth in this section. However, the designation does not prevent the mineral exploration under this article of an area so designated.

[Pre-1995 Recodification Citation: 13-4.1-14-1.]

As added by P.L.1-1995, SEC.27.