Oklahoma Administrative Code
Title 155 - Oklahoma Conservation Commission
Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program
Section 155:15-1-7.1 - Rights of entry
Current through Vol. 41, No. 13, March 15, 2024
(a) Criteria. This Section establishes procedures for entry by the Commission or the Office for reclamation purposes. Under Section 410 of SMCRA, the Commission or the Office pursuant to an approved reclamation program, may use police power, if necessary, to effect entry upon private lands to conduct reclamation activities or exploratory studies if the landowner's consent is refused or the landowner is not available.
(b) Written consent for entry. Written consent from the owner of record and lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the police power will be undertaken only after reasonable efforts have been made to obtain written consent.
(c) Entry and consent to reclaim. The Commission, the Office, or its agents, employees, or contractors may enter upon land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained. If consent is not obtained, then, prior to entry under this section, the Commission or the Office shall find in writing, with supporting reasons that:
(d) Failure to Obtain Consent. If consent is not obtained, the Commission or the Office shall give notice of its intent to enter for purposes of conducting reclamation at least thirty (30) days before entry upon the property. The following procedures should be conducted when providing notice:
(e) Entry for emergency study or reclamation. The Commission, the Office, its agents, employees, or contractors shall have the right to enter upon any land where an emergency exits and on any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary to protect the public health, safety, or general welfare. Entry requirements are as follows:
Added at 27 Ok Reg 2473, eff 8-2-10