SEC. 53-7-49. Designation of certain lands as unsuitable for surface mining; criteria for designation.
(1) With the assistance of the Mississippi Commission on Wildlife, Fisheries and Parks and the Mississippi Department of Marine Resources, the commission shall identify and designate as unsuitable certain lands for all or certain types of surface mining * * *. The commission shall adopt rules and regulations to provide reasonable notice to prospective operators and any other interested parties of areas which might be designated as unsuitable for surface mining. The commission may designate areas as unsuitable for surface mining lands if the commission determines:
(a) The operations will result in significant damage to important areas of historic, cultural or archaeological value or to important natural systems;
(b) The operations will affect renewable resource lands resulting in a substantial loss or reduction of long-range productivity of water supply or food or fiber products, including aquifers and aquifer recharge areas;
(c) The operations are located in areas of unstable geological formations and may reasonably be expected to endanger life and property;
(d) The operations will damage ecologically sensitive areas;
(e) The operations will significantly and adversely affect any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild or scenic river area, state scenic stream, state park, state wildlife refuge, state forest, recorded state historical landmark, state historic site, state archaeological landmark, or city or county park;
(f) The operations will endanger any public road, public building, cemetery, school, church or similar structure or existing dwelling outside the permit area; or
(g) The operations and the affected area cannot be reclaimed feasibly under the requirements of this chapter * * *.
(2) Unless an operation is exempted under Section 53-7-7(2)(a) or 53-7-7(2)(b), it is unlawful to conduct surface mining operations within an area designated as unsuitable for surface mining under Section 53-7-51 or this section or to conduct surface mining operations in rivers, lakes, bayous, intermittent or perennial streams or navigable waterways, natural or manmade, without a permit or coverage under a general permit issued or reissued consistent with regulations adopted by the commission.
SOURCES: Laws, 1977, ch. 476, Sec. 16(2); 1984, ch. 488, Sec. 323, eff from and after July 1, 1984. Amended by Laws 2000, Ch. 516, Sec. 99, HB666; Laws, 2002, ch. 492, § 22, HB 573, eff from and after July 1, 2002.
PREVIOUS VERSIONS: Pre-2002.
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