Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-3 - Prohibited or Limited Areas for Mining
Section 1501:13-3-01 - Standards for demonstration of valid existing rights
Current through all regulations passed and filed through December 16, 2024
(A) Except as provided in paragraph (B) of this rule, a person claiming valid existing rights must demonstrate both of the following:
(B) A person who claims valid existing rights to use or construct a road across the surface of lands protected by division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code shall demonstrate that one or more of the following circumstances exist if the road is included within the definition of coal mining operation of rule 1501:13-1-02 of the Administrative Code:
(C) Possession of valid existing rights under this rule only confers an exception from the prohibitions of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code. A person seeking to exercise valid existing rights shall comply with all other pertinent requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.
Effective: 1/17/2016
Five Year
Review (FYR) Dates: 11/02/2015 and
01/16/2021
Promulgated
Under: 119.03
Statutory
Authority: 1513.02
Rule
Amplifies: 1513.07,
1513.073
Prior
Effective Dates: 10/28/10