The provisions of this chapter shall not apply to any of the following activities:
1. The extraction of coal by a landowner for the landowner’s own noncommercial use from land owned or leased by the landowner.
2. The extraction of coal as an incidental part of federal, state or local government-financed highway or other construction under rules promulgated by the division.
88 Acts, ch 1022, §1
C93, §207.26