A person shall not conduct mining for limestone, dolomite, sand, gravel, clay, fluorspar, or other vein minerals without first obtaining a permit from the cabinet. However, no permit shall be required for the excavation of limestone, dolomite, sand, gravel, clay, fluorspar, or other vein minerals by a landowner for personal, noncommercial use if:
(1) Fifty (50) tons or less are excavated in twelve (12) successive calendar months;
(2) They are excavated from land owned by the landowner; and (3) They are used only on the property owned by the landowner, as provided in Article II(a) of KRS 350.300.