The permittee or person shall restore the land affected to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as the use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution, and the permit applicant's declared proposed land use following reclamation is not deemed to be impractical or unreasonable, inconsistent with applicable land use policies and plans, involves unreasonable delay in implementation, or is violative of federal, state, or local law.
KRS 350.405
Restoration of land
Applied in 1 court decision — leading case Natural Resources & Environmental Protection Cabinet v. Whitley Development Corp. (1997)
Most recently applied in Natural Resources & Environmental Protection Cabinet v. Whitley Development Corp. (March 1997)
Effective: July 14, 1992 History: Amended 1992 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.