SECTION 460:20-7-4. Areas where mining is prohibited or limited

  No surface coal mining operations shall be conducted on the following lands unless those operations either have valid existing rights, as determined under Section 460:20-7-5, or qualify for the exception for existing operations under Section 460:20-7-4.1:

(1)   On any lands within the boundaries of: the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1276(a), or study rivers or study river corridors as established in any guidelines pursuant to that Act, and National Recreation Areas designated by Act of Congress;

(2)   On any Federal lands within the boundaries of any national forest; Provided, however, that surface coal mining operations may be permitted on such lands, if the Secretary finds that there are no significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations, and surface operations and impacts are incident to an underground coal mine;

(3)   On any lands where the operation would adversely affect any publicly owned park or any place in the National Register of Historic Places, unless jointly approved by the Department and the Federal, State, or local agency with jurisdiction over the park or place;

(4)   Within 100 feet, measured horizontally, of the outside right-of-way line of any public road, except:

(A)   Where mine access roads or haulage road join such right-of-way line, or

(B)   Where the Department or the appropriate public road authority allows the public road to be relocated, closed, or the area to be affected within 100 feet of such road, after:

(i)   Providing public notice and opportunity for a public hearing in accordance with Section 460:20-7-5(d); and

(ii)   Making a written finding that the interests of the affected public and landowners will be protected;

(5)   Within 300 feet, measured horizontally, of any occupied dwelling, except when:

(A)   The owner thereof has provided a written waiver consenting to surface coal mining operations closer than 300 feet; or

(B)   The part of the mining operation which is within 300 feet of the dwelling is a haul road or access road which connects with an existing public road on the side of the public road opposite the dwelling;

(6)   Within 300 feet, measured horizontally, of any public building, school, church, community or institutional building, or public park; or

(7)   Within 100 feet, measured horizontally, of a cemetery; cemeteries may be relocated if authorized by applicable laws or regulations.

[Source: Amended at 19 Ok Reg 2841, eff 8-27-02]