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The Mining Act

North Carolina · 74 · §§ 74-46 to 74-68 · 24 sections

Overview

The act governs mining operations and the reclamation of mined land, assigning administration to a state department that issues operating permits, general permits for limited mining, and certificates of exploration. Operators must submit reclamation plans covering specified lands, post a bond or other security, pay permit and annual operating fees, and file annual reports, while the department inspects sites, issues notices of deficiency, and reviews modifications to permits and reclamation plans. Enforcement proceeds through notices of violation, hearings, suspension or revocation of a permit, forfeiture of the bond or security, cease and desist orders, injunctions, and civil or criminal penalties, with adverse decisions subject to appeal; the act preserves local zoning authority and private rights of action and disclaims state liability for damages.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 31 court decisions.

Most-cited authority: 100 N.C. App. 24 - North Buncombe Ass'n of Concerned Citizens, Inc. v. Rhodes

Sections covered

Enacted in other states

Illinois, New Mexico, South Carolina

All North Carolina named statutes →

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