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SECTION 23-2703
Declaration of policy
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 23, TITLE 27
§ 23-2703. Declaration of policy.

1. The legislature hereby declares that it is the policy of this state
to foster and encourage the development of an economically sound and
stable mining industry, and the orderly development of domestic mineral
resources and reserves necessary to assure satisfaction of economic
needs compatible with sound environmental management practices. The
legislature further declares it to be the policy of this state to
provide for the management and planning for the use of these
non-renewable natural resources and to provide, in conjunction with such
mining operations, for reclamation of affected lands; to encourage
productive use including but not restricted to the planting of forests,
the planting of crops for harvest, the seeding of grass and legumes for
grazing purposes, the protection and enhancement of wildlife and aquatic
resources, the establishment of recreational, home, commercial, and
industrial sites; to provide for the conservation, development,
utilization, management and appropriate use of all the natural resources
of such areas for compatible multiple purposes; to prevent pollution; to
protect and perpetuate the taxable value of property; to protect the
health, safety and general welfare of the people, as well as the natural
beauty and aesthetic values in the affected areas of the state.

2. For the purposes stated herein, this title shall supersede all
other state and local laws relating to the extractive mining industry;
provided, however, that nothing in this title shall be construed to
prevent any local government from:

a. enacting or enforcing local laws or ordinances of general
applicability, except that such local laws or ordinances shall not
regulate mining and/or reclamation activities regulated by state
statute, regulation, or permit; or

b. enacting or enforcing local zoning ordinances or laws which
determine permissible uses in zoning districts. Where mining is
designated a permissible use in a zoning district and allowed by special
use permit, conditions placed on such special use permits shall be
limited to the following:

(i) ingress and egress to public thoroughfares controlled by the local
government;

(ii) routing of mineral transport vehicles on roads controlled by the
local government;

(iii) requirements and conditions as specified in the permit issued by
the department under this title concerning setback from property
boundaries and public thoroughfare rights-of-way natural or man-made
barriers to restrict access, if required, dust control and hours of
operation, when such requirements and conditions are established
pursuant to subdivision three of section 23-2711 of this title;

(iv) enforcement of reclamation requirements contained in mined land
reclamation permits issued by the state; or

c. enacting or enforcing local laws or ordinances regulating mining or
the reclamation of mines not required to be permitted by the state; or

d. enacting or enforcing local laws or ordinances requiring the
monitoring of groundwater impacts resulting from mining or the
reclamation of mines within counties with a population of one million or
more which draw their primary source of drinking water for a majority of
county residents from a designated sole source aquifer.

3. No agency of this state shall consider an application for a permit
to mine as complete or process such application for a permit to mine
pursuant to this title, within counties with a population of one million
or more which draw their primary source of drinking water for a majority
of county residents from a designated sole source aquifer, if local
zoning laws or ordinances prohibit mining uses within the area proposed
to be mined.