17.24.1135    AREAS UPON WHICH COAL MINING IS PROHIBITED: RELOCATION OR CLOSURE OF PUBLIC ROAD

Whenever an applicant proposes to relocate or close a public road to facilitate strip or underground mining operations, the road may not be relocated or closed until:

(1) the permit authorizing the operation is granted;

(2) the applicant obtains the necessary approval from the authority with jurisdiction over the public road;

(3) a notice of a public hearing in a newspaper of general circulation in the affected locale is provided at least two weeks before the hearing;

(4) an opportunity for a public hearing at which any member of the public may participate is provided in the locality of the proposed mining operations for the purpose of determining whether the interests of the public and affected landowners will be protected; and

(5) a written finding based upon information received at the public hearing is made within 30 days after completion of the hearing as to whether the interests of the public and affected landowners will be protected from the proposed mining operations.

 

History: 82-4-205, MCA; IMP, 82-4-227, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2024 MAR p. 260, Eff. 2/10/24.