WILLIAM DONALD SCHAEFER, Governor

Ch. 530

Article - Natural Resources

7-6A-02.

[(a) The General Assembly finds and declares that the extraction of minerals by
mining is a basic and essential activity making an important contribution to the economic
well-being of the State and the nation, and further finds that all reasonable steps should
be taken to protect these resources from encroachment by other land uses that would
make these resources unavailable for future uses as mineral resources. Furthermore, it is
not practical to extract minerals required by our society without disturbing the surface of
the earth and producing waste materials, and the very character of certain surface mining
operations precludes complete restoration of the land to its original condition. However,
it is possible to conduct mining in a way to minimize its effects on the surrounding
environment. Furthermore, proper reclamation of mined land is necessary to prevent
undesirable land and water conditions that would be detrimental to the general welfare,
health, safety, beauty, and property rights of the citizens of the State. In addition, there
are certain circumstances when surface mining is not desirable, such as when the
operation will have an unduly adverse effect on wildlife or fresh water, estuarine or
marine fisheries. The General Assembly finds that the conduct of mining and reclamation
of mined lands as provided by this subtitle will allow the mining of valuable minerals and
provide for the protection of the State's environment and the subsequent beneficial use of
the mined and reclaimed land.]

(A) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:

(1)      THE EXTRACTION OF MINERALS BY MINING IS A BASIC AND
ESSENTIAL ACTIVITY MAKING AN IMPORTANT CONTRIBUTION TO THE ECONOMIC
WELL-BEING OF THE STATE AND THE NATION AND THAT THIS ACTIVITY MUST BE
BALANCED AGAINST POTENTIAL HEALTH, SAFETY, AND ENVIRONMENTAL EFFECTS;

(2)      ALL REASONABLE STEPS SHOULD BE TAKEN:

(I)      TO PROTECT THESE RESOURCES FROM ENCROACHMENT BY
OTHER LAND USES THAT WOULD MAKE THESE RESOURCES UNAVAILABLE FOR
FUTURE USE; AND

(II)     TO BALANCE THIS ACTIVITY AGAINST OTHER POSSIBLE LAND.
USES, INCLUDING CONSIDERATION OF USES FOR SURROUNDING PROPERTIES.

(3)      ALTHOUGH IT IS NOT PRACTICAL TO EXTRACT MINERALS
REQUIRED BY OUR SOCIETY WITHOUT DISTURBING THE SURFACE OF THE EARTH
AND PRODUCING WASTE MATERIALS AND THE VERY CHARACTER OF CERTAIN
SURFACE MINING OPERATIONS PRECLUDES COMPLETE RESTORATION OF THE LAND
TO ITS ORIGINAL CONDITION, IT IS POSSIBLE TO CONDUCT MINING IN A WAY TO
MINIMIZE ITS EFFECTS ON THE SURROUNDING ENVIRONMENT;

(4)      PROPER RECLAMATION OF MINED LAND IS NECESSARY TO
PREVENT UNDESIRABLE LAND AND WATER CONDITIONS THAT WOULD BE
DETRIMENTAL TO THE GENERAL WELFARE, HEALTH, SAFETY, BEAUTY, AND
PROPERTY RIGHTS OF THE CITIZENS OF THE STATE;

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