IC 14-34-18
    Chapter 18. Designation of Land Unsuitable for Surface CoalMining

IC 14-34-18-1
Exemptions
    Sec. 1. This chapter does not apply to the following:
        (1) Land on which surface coal mining operations wereconducted:
            (A) on August 3, 1977; or
            (B) under a permit issued under:
                (i) IC 13-4.1 (before its repeal); or
                (ii) this article.
        (2) Land where substantial legal and financial commitments ina surface coal mining operation were in existence beforeJanuary 4, 1977.
As added by P.L.1-1995, SEC.27.

IC 14-34-18-2
"Substantial legal and financial commitments in a surface coalmining operation" defined
    Sec. 2. As used in this chapter, "substantial legal and financialcommitments in a surface coal mining operation" means significantinvestments that have been made on the basis of a long term coalcontract in power plants, railroads, coal handling facilities,preparation facilities, extraction facilities, or storage facilities andother capital intensive activities, such as the following:
        (1) Improvement or modification of coal land within, for accessto, or in support of surface coal mining and reclamationoperations.
        (2) Acquisition of capital equipment for use in, for access to, orfor use in support of surface coal mining and reclamationoperations.
As added by P.L.1-1995, SEC.27.

IC 14-34-18-3
Prohibited conditions
    Sec. 3. (a) Subject to valid existing rights that existed beforeAugust 3, 1977, and except for those operations that existed onAugust 3, 1977, and as provided in subsection (c), a surface coalmining operation may not exist under any of the followingconditions:
        (1) On land within the boundaries of units of the following:
            (A) The National Park System.
            (B) The National Wildlife Refuge Systems.
            (C) The National System of Trails.
            (D) The National Wilderness Preservation System.
            (E) The Wild and Scenic Rivers System, including studyrivers designated under the federal Wild and Scenic RiversAct, as amended (16 U.S.C. 1271 et seq.).            (F) National Recreation Areas designated by an act of theUnited States Congress.
        (2) On federal land within the boundaries of a national forest.However, surface coal mining operations are allowed on thenational forest land if the United States Secretary of the Interiorfinds that:
            (A) there are no significant recreational, timber, economic,or other values that are incompatible with surface miningoperations; and
            (B) surface operations and effects are incident to anunderground coal mine.
        (3) That will adversely affect:
            (A) a publicly owned park or a place included in:
                (i) the National Register of Historic Places; or
                (ii) the Indiana state register of historic sites andstructures; or
            (B) a natural landmark included in the National Register ofHistoric Places;
        unless approved jointly by the director and the federal, state, orlocal agency with jurisdiction over the park or the historic site.
        (4) Within one hundred (100) feet of the outside right-of-wayline of a public road, except where mine access roads orhaulage roads join the right-of-way line. However, the directormay permit:
            (A) a road to be relocated; or
            (B) the area affected to lie within one hundred (100) feet ofthe road if, after public notice and an opportunity for apublic hearing in the locality, a written finding is made thatthe interests of the public and the landowners affected willbe protected.
        (5) Within three hundred (300) feet from any of the following:
            (A) An occupied dwelling, unless waived by the owner.
            (B) A public building.
            (C) A school.
            (D) A church.
            (E) A community or an institutional building.
            (F) A public park.
        (6) Within one hundred (100) feet of a cemetery.
        (7) That will violate a local zoning ordinance.
    (b) If:
        (1) valid rights exist; or
        (2) joint agency approval is to be obtained under subsection(a)(3);
adverse effects of mining shall be minimized.
    (c) If the director determines that the public health or safety willbe endangered, the extraction of coal by strip mining methods withinthe distances for:
        (1) occupied dwellings set forth in subsection (a)(5); and
        (2) public roads set forth in subsection (a)(4), except where apublic road is vacated or closed in accordance with law;is not subject to valid existing rights.
    (d) The commission shall adopt rules to establish a planningprocess enabling objective decisions based upon competent andscientifically sound data and information to determine the land areasof Indiana, if any, that are unsuitable for all or certain types ofsurface coal mining operations under the standards set forth in thissection. However, the designation does not prevent the mineralexploration under this article of an area so designated.
As added by P.L.1-1995, SEC.27.

IC 14-34-18-4
Petition to director
    Sec. 4. (a) A person with an interest that is or may be adverselyaffected may petition the director to:
        (1) designate an area as unsuitable for surface coal miningoperations; or
        (2) have the designation terminated.
The petition must contain allegations of facts with supportingevidence that tends to establish the allegations.
    (b) Within ten (10) months after receipt of a petition, the directorshall hold a public hearing in the locality of the affected area, afterappropriate notice and publication of the date, time, and location ofthe hearing. A person may intervene by filing allegations of factswith supporting evidence that tends to establish the allegations afterthe petition is filed and before the hearing.
    (c) Within sixty (60) days after the hearing, the director shall issueand furnish to the petitioner and any other party to the hearing awritten decision regarding the petition and the reasons for thedecision.
    (d) The director is not required to hold a hearing if all thepetitioners do the following:
        (1) Stipulate agreement before the requested hearing.
        (2) Withdraw the request.
As added by P.L.1-1995, SEC.27.

IC 14-34-18-5
Statement by director
    Sec. 5. Before designating a land area as unsuitable for surfacecoal mining operations, the director shall prepare a detailed statementon the following:
        (1) The potential coal resources of the area.
        (2) The demand for coal resources.
        (3) The impact of the designation on the following:
            (A) The environment.
            (B) The economy.
            (C) The supply of coal.
As added by P.L.1-1995, SEC.27.

IC 14-34-18-6
Designation of area as unsuitable    Sec. 6. (a) The director may designate an area as unsuitable forcoal mining if the designation is based on competent andscientifically sound data.
    (b) The director may designate an area as unsuitable for certaintypes of coal mining operations if the operation will:
        (1) be incompatible with existing state or local land use plansor programs;
        (2) affect fragile or historic lands in which the operation couldresult in significant damage to important historic, cultural,scientific, and esthetic values and natural systems;
        (3) affect renewable resource lands, including aquifers andaquifer recharge areas, in which the operation could result in asubstantial loss or reduction of long range productivity of watersupply or of food or fiber products; or
        (4) affect natural hazard lands, including the following:
            (A) Areas subject to frequent flooding.
            (B) Areas of unstable geology in which the operation couldsubstantially endanger life and property.
    (c) The director shall designate an area as unsuitable for all orcertain types of surface coal mining if the director determines thatreclamation under this article is not technologically andeconomically feasible.
    (d) The director shall integrate determinations of the unsuitabilityof land for surface coal mining with the land use planning andregulation processes at the federal, state, and local levels.
As added by P.L.1-1995, SEC.27.