17.24.1134 AREAS UPON WHICH COAL MINING IS PROHIBITED: PERMISSION TO MINE NEAR PUBLIC ROAD
Whenever a proposed mining operation is to be conducted within 100 feet measured horizontally to the outside right-of-way line of any public road (except where mine access roads or haul roads join such right-of-way line) , the department may permit mining to occur within 100 feet of the road if:
(1) the applicant obtains the necessary approvals of the authority with jurisdiction over the public road;
(2) a notice of a public hearing in a newspaper of general circulation in the affected locale is provided at least two weeks before the hearing;
(3) an opportunity for a public hearing at which any member of the public may participate is provided in the locality of the proposed mining operations for the purpose of determining whether the interests of the public and affected landowners will be protected; and
(4) a written finding based upon information received at the public hearing is made within 30 days after completion of the hearing as to whether the interests of the public and affected landowners will be protected from the proposed mining operations.
History: 82-4-204, 82-4-205, MCA; IMP, 82-4-227, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042.