1501:13-3-03 Areas where mining is prohibited or limited.

Subject to valid existing rights, no coal mining operations shall be conducted after August 3, 1977, unless those operations existed on August 3, 1977:

(A) 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 corriders as established in any guidelines pursuant to that act, national recreation areas designated by act of congress, or any nature preserve dedicated pursuant to Chapter 1517. of the Revised Code;

(B) On any federal lands within the boundaries of any national forest unless approval is granted by the United States secretary of interior;

(C) On any lands on which mining will adversely affect any publicly owned park or any places included on the “National Register of Historic Places,” unless approved jointly by the chief and the federal, state, or local agency with jurisdiction over the park or places;

(D) Within one hundred feet measured horizontally of the outside right-of-way line of any public road, except:

(1) Where mine access roads or haulage roads join such right-of-way line; or

(2) Where a permit has been issued by the director of transportation, or the board of county commissioners, or the board of township trustees, or such other public authority that is charged by law with the maintenance of the public road subject to the requirements of paragraph (C) of rule 1501:13-3-04 of the Administrative Code and the approval of the chief;

(E) Within three hundred feet measured horizontally of any occupied dwelling unless the owner thereof has provided a written waiver consenting to coal mining operations closer than three hundred feet;

(F) Within three hundred feet measured horizontally of any public building, school, church, community or institutional building or public park;

(G) Within one hundred feet measured horizontally of a cemetery. Cemeteries may be relocated if authorized by applicable state law or regulations; or

(H) Within one thousand feet of the normal waterlines of any river dedicated as a component of the scenic rivers program pursuant to sections 1501.16 and 1501.161 of the Revised Code.

R.C. 119.032 review dates: 12/16/2003 and 12/16/2008

Promulgated Under: 119.03

Statutory Authority: 1513.02

Rule Amplifies: 1513.073

Prior Effective Dates: 9/1/77, 5/15/78 (Emer.), 8/28/78, 8/16/82 (Emer.), 10/27/82, 10/1/88, 8/19/89, 8/1/97