HARRY HUGHES, Governor                               1225

REFUSE BANK, DUMP, STOCKPILE, OVERBURDEN PILE, SPOIL BANK,
CULM BANK, TAILING, HOLE OR DEPRESSION, REPAIR AREA, STORAGE
AREA, PROCESSING AREA, SHIPPING AREA, OR ANY OTHER AREA ON
WHICH IS SITED A STRUCTURE, FACILITY, OR OTHER PROPERTY OR
MATERIAL ON THE SURFACE THAT RESULTS FROM OR IS INCIDENT TO
OPEN-PIT MINING ACTIVITIES.

(n) "Open-pit mining" or "strip mining" means the
mining or recovery of bituminous coal by removing the strata
or material which overlies or is above the coal deposit or
seam in its natural condition, OR ANY OTHER RECOVERY OF COAL
BY METHODS OTHER THAN DEEP-MINING, AND LAND AFFECTED BY SUCH
ACTIVITIES. It includes methods such as contour, STRIP,
auger, mountaintop removal, box cut, open pit, and area
mining, the use of explosives and blasting, and in situ
distillation or retorting, leaching or other chemical or
physical processing, and the cleaning, concentrating, or
other processing or preparation, loading of coal at or near
the mine site.

7-505.

(b) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS
SUBSECTION, THE Department may not issue, extend or renew
any permit to mine coal by the open-pit or strip method on
any land the State owns whether or not the ownership
includes mineral rights incident to the land, except when
the Secretary, with the recommendation of the Land
Reclamation Committee and the approval of the Board of
Public Works, determines that an abandoned mine on State
land will be reclaimed in conjunction with the proposed
mining or except when the Secretary, with the recommendation
of the Land Reclamation Committee and the approval of the
Board of Public Works, determines that the mining could
occur in conjunction with public construction activities
that will disturb the vegetation and topsoil of State land.
If the Department's failure to issue, extend or renew a
permit involves taking a property right without just
compensation in violation of the Constitution of the United
States or the Constitution of Maryland and the General
Assembly has not appropriated sufficient funds to pay the
compensation, the State may use available funds under
Program Open Space to purchase or otherwise pay for the
property rights.

(2) Subject to valid existing [right] RIGHTS, as
that term is used in the federal Surface Mining Control and
Reclamation Act of 1977, the Department may not issue,
extend or renew any permit:

(i) Which would adversely affect any
publicly owned park or place recorded in the National
Register of Historic Sites, unless approved by the federal,
State or local agency with jurisdiction over the park or
historic site;