SEC. 53-7-51. Designation of certain lands as unsuitable for surface mining; petition for modification, amendment or termination of designation; appeal.
(1) The commission, upon petition, may designate an area as unsuitable for mining or modify or terminate the designation of an area as unsuitable for surface mining. The commission, upon its own motion, may terminate the designation of an area as unsuitable for surface mining. The commission may conduct a public hearing on its proposed action in accordance with Section 49-17-33. Before terminating an area as unsuitable for surface mining, the commission shall provide notice as required under Section 53-7-11.
(2) A petition shall contain allegations of facts with supporting evidence. The commission shall make a determination based upon the validity of the facts contained in the petition, and may designate, modify or terminate the designation of the lands included in the petition as unsuitable for mining.
(3) Any person aggrieved by an action of the commission under this section may appeal as provided in Section 49-17-41.
SOURCES: Laws, 1977, ch. 476, Sec. 16(3, 4); 1979, ch. 477, Sec. 49; Laws, 2002, ch. 492, § 23, HB 573, eff from and after July 1, 2002.
PREVIOUS VERSIONS: Pre-2002.
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