Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part XV - Office of Conservation-Surface Mining
Subpart 2 - Areas Unsuitable for Mining
Chapter 11 - Areas Designated by Act of Congress
Section XV-1105 - Areas Where Mining Is Prohibited or Limited
Universal Citation: LA Admin Code XV-1105
Current through Register Vol. 50, No. 9, September 20, 2024
A. No surface coal mining operation shall be conducted on the following lands unless the applicant has either valid existing rights, as determined under §2323, or qualifies for the exception for existing operations under §1109:
1. on any lands
within the boundaries of the National Park System, the National Wildlife Refuge
System, the National System of Trails, the National Wilderness Preservation
System, the Wild and Scenic Rivers System, including study rivers designated
under §5(a) of the Wild and Scenic Rivers Act,
16
U.S.C. 1276(a), or study
rivers or study river corridors as established in any guidelines pursuant to
that Act, and National Recreation Areas designated by Act of
Congress;
2. on any state or
federal lands within the boundaries of any state or national forest; provided,
however, that surface coal mining operations may be permitted on state lands if
the commissioner finds that there are no significant recreational, timber,
economic or other values which may be incompatible with surface coal mining
operations;
3. on any lands which
will adversely affect any publicly owned park or any place included on the
National Register of Historic Places, unless approved jointly by the office and
the federal, state or local agency with jurisdiction over the park or
place;
4. within 100 feet measured
horizontally of the outside right-of-way line of any public road, except:
a. where mine access roads or haulage roads
join such right-of-way line;
b.
where the office allows the public road to be relocated or the area affected to
be within 100 feet of such road, after public notice and opportunity for a
public hearing in accordance with
§1107 D, and after making a written
finding that the interests of the affected public and landowners will be
protected;
5. within 300
feet measured horizontally from any occupied dwelling, unless the owner thereof
has provided a written waiver consenting to surface coal mining operations
closer than 300 feet;
6. within 300
feet measured horizontally of any public building, school, church, community or
institutional building or public park;
7. within 100 feet measured horizontally of a
cemetery.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.
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