IC 14-34-18
Chapter 18. Designation of Land Unsuitable for Surface Coal
Mining
IC 14-34-18-1 Exemptions
Sec. 1. This chapter does not apply to the following:
(1) Land on which surface coal mining operations were
conducted:
(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 in
a surface coal mining operation were in existence before
January 4, 1977. As added by P.L.1-1995, SEC.27.
IC 14-34-18-2 "Substantial legal and financial commitments in a surface coal
mining operation" defined
Sec. 2. As used in this chapter, "substantial legal and financial
commitments in a surface coal mining operation" means significant
investments that have been made on the basis of a long term coal
contract in power plants, railroads, coal handling facilities,
preparation facilities, extraction facilities, or storage facilities and
other capital intensive activities, such as the following:
(1) Improvement or modification of coal land within, for access
to, or in support of surface coal mining and reclamation
operations.
(2) Acquisition of capital equipment for use in, for access to, or
for use in support of surface coal mining and reclamation
operations. 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 before
August 3, 1977, and except for those operations that existed on
August 3, 1977, and as provided in subsection (c), a surface coal
mining operation may not exist under any of the following
conditions:
(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 study
rivers designated under the federal Wild and Scenic Rivers
Act, as amended (16 U.S.C. 1271 et seq.).
(F) National Recreation Areas designated by an act of the
United States Congress.
(2) On federal land within the boundaries of a national forest.
However, surface coal mining operations are allowed on the
national forest land if the United States Secretary of the Interior
finds that:
(A) there are no significant recreational, timber, economic,
or other values that are incompatible with surface mining
operations; and
(B) surface operations and effects are incident to an
underground 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 and
structures; or
(B) a natural landmark included in the National Register of
Historic Places;
unless approved jointly by the director and the federal, state, or
local agency with jurisdiction over the park or the historic site.
(4) Within one hundred (100) feet of the outside right-of-way
line of a public road, except where mine access roads or
haulage roads join the right-of-way line. However, the director
may permit:
(A) a road to be relocated; or
(B) the area affected to lie within one hundred (100) feet of
the road if, after public notice and an opportunity for a
public hearing in the locality, a written finding is made that
the interests of the public and the landowners affected will
be 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 will
be endangered, the extraction of coal by strip mining methods within
the distances for:
(1) occupied dwellings set forth in subsection (a)(5); and
(2) public roads set forth in subsection (a)(4), except where a
public 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 planning
process enabling objective decisions based upon competent and
scientifically sound data and information to determine the land areas
of Indiana, if any, that are unsuitable for all or certain types of
surface coal mining operations under the standards set forth in this
section. However, the designation does not prevent the mineral
exploration 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 adversely
affected may petition the director to:
(1) designate an area as unsuitable for surface coal mining
operations; or
(2) have the designation terminated.
The petition must contain allegations of facts with supporting
evidence that tends to establish the allegations.
(b) Within ten (10) months after receipt of a petition, the director
shall hold a public hearing in the locality of the affected area, after
appropriate notice and publication of the date, time, and location of
the hearing. A person may intervene by filing allegations of facts
with supporting evidence that tends to establish the allegations after
the petition is filed and before the hearing.
(c) Within sixty (60) days after the hearing, the director shall issue
and furnish to the petitioner and any other party to the hearing a
written decision regarding the petition and the reasons for the
decision.
(d) The director is not required to hold a hearing if all the
petitioners 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 surface
coal mining operations, the director shall prepare a detailed statement
on 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 for
coal mining if the designation is based on competent and
scientifically sound data.
(b) The director may designate an area as unsuitable for certain
types of coal mining operations if the operation will:
(1) be incompatible with existing state or local land use plans
or programs;
(2) affect fragile or historic lands in which the operation could
result in significant damage to important historic, cultural,
scientific, and esthetic values and natural systems;
(3) affect renewable resource lands, including aquifers and
aquifer recharge areas, in which the operation could result in a
substantial loss or reduction of long range productivity of water
supply 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 could
substantially endanger life and property.
(c) The director shall designate an area as unsuitable for all or
certain types of surface coal mining if the director determines that
reclamation under this article is not technologically and
economically feasible.
(d) The director shall integrate determinations of the unsuitability
of land for surface coal mining with the land use planning and
regulation processes at the federal, state, and local levels. As added by P.L.1-1995, SEC.27.
IC 14-34-18
Chapter 18. Designation of Land Unsuitable for Surface Coal
Mining
IC 14-34-18-1 Exemptions
Sec. 1. This chapter does not apply to the following:
(1) Land on which surface coal mining operations were
conducted:
(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 in
a surface coal mining operation were in existence before
January 4, 1977. As added by P.L.1-1995, SEC.27.
IC 14-34-18-2 "Substantial legal and financial commitments in a surface coal
mining operation" defined
Sec. 2. As used in this chapter, "substantial legal and financial
commitments in a surface coal mining operation" means significant
investments that have been made on the basis of a long term coal
contract in power plants, railroads, coal handling facilities,
preparation facilities, extraction facilities, or storage facilities and
other capital intensive activities, such as the following:
(1) Improvement or modification of coal land within, for access
to, or in support of surface coal mining and reclamation
operations.
(2) Acquisition of capital equipment for use in, for access to, or
for use in support of surface coal mining and reclamation
operations. 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 before
August 3, 1977, and except for those operations that existed on
August 3, 1977, and as provided in subsection (c), a surface coal
mining operation may not exist under any of the following
conditions:
(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 study
rivers designated under the federal Wild and Scenic Rivers
Act, as amended (16 U.S.C. 1271 et seq.).
(F) National Recreation Areas designated by an act of the
United States Congress.
(2) On federal land within the boundaries of a national forest.
However, surface coal mining operations are allowed on the
national forest land if the United States Secretary of the Interior
finds that:
(A) there are no significant recreational, timber, economic,
or other values that are incompatible with surface mining
operations; and
(B) surface operations and effects are incident to an
underground 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 and
structures; or
(B) a natural landmark included in the National Register of
Historic Places;
unless approved jointly by the director and the federal, state, or
local agency with jurisdiction over the park or the historic site.
(4) Within one hundred (100) feet of the outside right-of-way
line of a public road, except where mine access roads or
haulage roads join the right-of-way line. However, the director
may permit:
(A) a road to be relocated; or
(B) the area affected to lie within one hundred (100) feet of
the road if, after public notice and an opportunity for a
public hearing in the locality, a written finding is made that
the interests of the public and the landowners affected will
be 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 will
be endangered, the extraction of coal by strip mining methods within
the distances for:
(1) occupied dwellings set forth in subsection (a)(5); and
(2) public roads set forth in subsection (a)(4), except where a
public 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 planning
process enabling objective decisions based upon competent and
scientifically sound data and information to determine the land areas
of Indiana, if any, that are unsuitable for all or certain types of
surface coal mining operations under the standards set forth in this
section. However, the designation does not prevent the mineral
exploration 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 adversely
affected may petition the director to:
(1) designate an area as unsuitable for surface coal mining
operations; or
(2) have the designation terminated.
The petition must contain allegations of facts with supporting
evidence that tends to establish the allegations.
(b) Within ten (10) months after receipt of a petition, the director
shall hold a public hearing in the locality of the affected area, after
appropriate notice and publication of the date, time, and location of
the hearing. A person may intervene by filing allegations of facts
with supporting evidence that tends to establish the allegations after
the petition is filed and before the hearing.
(c) Within sixty (60) days after the hearing, the director shall issue
and furnish to the petitioner and any other party to the hearing a
written decision regarding the petition and the reasons for the
decision.
(d) The director is not required to hold a hearing if all the
petitioners 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 surface
coal mining operations, the director shall prepare a detailed statement
on 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 for
coal mining if the designation is based on competent and
scientifically sound data.
(b) The director may designate an area as unsuitable for certain
types of coal mining operations if the operation will:
(1) be incompatible with existing state or local land use plans
or programs;
(2) affect fragile or historic lands in which the operation could
result in significant damage to important historic, cultural,
scientific, and esthetic values and natural systems;
(3) affect renewable resource lands, including aquifers and
aquifer recharge areas, in which the operation could result in a
substantial loss or reduction of long range productivity of water
supply 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 could
substantially endanger life and property.
(c) The director shall designate an area as unsuitable for all or
certain types of surface coal mining if the director determines that
reclamation under this article is not technologically and
economically feasible.
(d) The director shall integrate determinations of the unsuitability
of land for surface coal mining with the land use planning and
regulation processes at the federal, state, and local levels. As added by P.L.1-1995, SEC.27.
IC 14-34-18
Chapter 18. Designation of Land Unsuitable for Surface Coal
Mining
IC 14-34-18-1 Exemptions
Sec. 1. This chapter does not apply to the following:
(1) Land on which surface coal mining operations were
conducted:
(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 in
a surface coal mining operation were in existence before
January 4, 1977. As added by P.L.1-1995, SEC.27.
IC 14-34-18-2 "Substantial legal and financial commitments in a surface coal
mining operation" defined
Sec. 2. As used in this chapter, "substantial legal and financial
commitments in a surface coal mining operation" means significant
investments that have been made on the basis of a long term coal
contract in power plants, railroads, coal handling facilities,
preparation facilities, extraction facilities, or storage facilities and
other capital intensive activities, such as the following:
(1) Improvement or modification of coal land within, for access
to, or in support of surface coal mining and reclamation
operations.
(2) Acquisition of capital equipment for use in, for access to, or
for use in support of surface coal mining and reclamation
operations. 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 before
August 3, 1977, and except for those operations that existed on
August 3, 1977, and as provided in subsection (c), a surface coal
mining operation may not exist under any of the following
conditions:
(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 study
rivers designated under the federal Wild and Scenic Rivers
Act, as amended (16 U.S.C. 1271 et seq.).
(F) National Recreation Areas designated by an act of the
United States Congress.
(2) On federal land within the boundaries of a national forest.
However, surface coal mining operations are allowed on the
national forest land if the United States Secretary of the Interior
finds that:
(A) there are no significant recreational, timber, economic,
or other values that are incompatible with surface mining
operations; and
(B) surface operations and effects are incident to an
underground 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 and
structures; or
(B) a natural landmark included in the National Register of
Historic Places;
unless approved jointly by the director and the federal, state, or
local agency with jurisdiction over the park or the historic site.
(4) Within one hundred (100) feet of the outside right-of-way
line of a public road, except where mine access roads or
haulage roads join the right-of-way line. However, the director
may permit:
(A) a road to be relocated; or
(B) the area affected to lie within one hundred (100) feet of
the road if, after public notice and an opportunity for a
public hearing in the locality, a written finding is made that
the interests of the public and the landowners affected will
be 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 will
be endangered, the extraction of coal by strip mining methods within
the distances for:
(1) occupied dwellings set forth in subsection (a)(5); and
(2) public roads set forth in subsection (a)(4), except where a
public 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 planning
process enabling objective decisions based upon competent and
scientifically sound data and information to determine the land areas
of Indiana, if any, that are unsuitable for all or certain types of
surface coal mining operations under the standards set forth in this
section. However, the designation does not prevent the mineral
exploration 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 adversely
affected may petition the director to:
(1) designate an area as unsuitable for surface coal mining
operations; or
(2) have the designation terminated.
The petition must contain allegations of facts with supporting
evidence that tends to establish the allegations.
(b) Within ten (10) months after receipt of a petition, the director
shall hold a public hearing in the locality of the affected area, after
appropriate notice and publication of the date, time, and location of
the hearing. A person may intervene by filing allegations of facts
with supporting evidence that tends to establish the allegations after
the petition is filed and before the hearing.
(c) Within sixty (60) days after the hearing, the director shall issue
and furnish to the petitioner and any other party to the hearing a
written decision regarding the petition and the reasons for the
decision.
(d) The director is not required to hold a hearing if all the
petitioners 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 surface
coal mining operations, the director shall prepare a detailed statement
on 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 for
coal mining if the designation is based on competent and
scientifically sound data.
(b) The director may designate an area as unsuitable for certain
types of coal mining operations if the operation will:
(1) be incompatible with existing state or local land use plans
or programs;
(2) affect fragile or historic lands in which the operation could
result in significant damage to important historic, cultural,
scientific, and esthetic values and natural systems;
(3) affect renewable resource lands, including aquifers and
aquifer recharge areas, in which the operation could result in a
substantial loss or reduction of long range productivity of water
supply 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 could
substantially endanger life and property.
(c) The director shall designate an area as unsuitable for all or
certain types of surface coal mining if the director determines that
reclamation under this article is not technologically and
economically feasible.
(d) The director shall integrate determinations of the unsuitability
of land for surface coal mining with the land use planning and
regulation processes at the federal, state, and local levels. As added by P.L.1-1995, SEC.27.
