| State |
Does Your State Provide for an Exemption From Permitting? |
If So, For What Categories? |
|
AL |
Y |
1) Minerals: chert, limestone, marble, dolomite, coal; 2) activities: personal use or donation to non-charitable orgs. or govn'tal. entities; 3) govn'tal. use in road construction or maintenance--city, county, state & municipalities; 4) one acre or less; 5) materials by public utilities; 6) coalbed methane; 7) public or private landfills. |
|
AR |
Y |
State highway dept. or its contractors; counties & municipal govn'ts.; private landowners for their own use. |
|
AZ |
N |
-- |
|
CA |
Y |
A waste discharge reg. (permit) is waived if there is no threat to water quality. Reclamation waived if project <1000y3 or 1 acre. |
|
CO |
N |
-- |
|
GA |
Y |
Any classification Director so determines. |
|
IL |
Y |
Surface mining: any operation where overburden does not exceed 10' or where the surface mine & overburden area will not affect more than 10 acres during the period of 1 year which shall be measured from 7/1 to 6/30 of the following year. |
|
IN |
Y |
No permit required if no reclaimable overburden available. |
|
IA |
N |
-- |
|
KS |
N |
-- |
|
KY |
N |
-- |
|
ME |
N |
-- |
|
MD |
Y |
<1 acre |
|
MS |
Y |
<4 acres in size & >1/4 mile from another permitted or exempt pit. |
|
MO |
Y |
In-stream sand & gravel mining where U.S. Corps. of Engineers permit is as stringent or any other category being regulated under an equally stringent law. |
|
NV |
Y |
Small miner: <5 acres/year & <36,500 tpy processed; Require informational filing. |
|
NJ |
Y |
Govn't. owned property. |
|
NM |
Y |
Recreational mining. |
|
NY |
Y |
In aid of agriculture & in aid of construction activities. |
|
NC |
Y |
<1 acre disturbed; Mining on federal lands where a U.S. Forest Service or Bureau of Land Mgmt. permit has been issued; NC Dept. of Trans. borrow pits that prove to meet the Mining Act's minimum reclamation standards; Single project borrow pits that are <5 acres and have <1 year operation life. |
|
OH |
Y |
Removing material <5' deep, <1 acre in size; If material is used in unprocessed form on same tract of land; Borrow pits for highway construction, if bonded by another agency; Removal of material incidental to construction work with valid building permit. |
|
OK |
Y |
Tonnage exemption and Government financed projects. |
|
OR |
Y |
Land disturbed prior to 1972 is exempt from reclamation plan & bond. Operations below 5000 cubic yards & 1 acre are exempt. |
|
PA |
Y |
Noncommercial use by landowner for minerals extracted from his own property; PA Dept. of Trans. borrow pits; Slag as part of manufacturing process; Dredging from stream, rivers, or Lake Erie; Minerals removed incidental to building excavation. |
|
SC |
Y |
SC Dept. of Trans. highway borrow pits. |
|
SD |
Y |
Previously affected land w/in a mine permit boundary is not covered if not affected by the new mining operation; Recreational gold panning exempt if only hand held equipment is used; People mining gravel for their own use do not need a mine license; State & local gov't. are exempt from license fees & bonding. |
|
TN |
Y |
Limestone. |
|
TX |
Y |
Exempts all non-coal except uranium mining. |
|
VA |
Y |
On-site farming; On-site construction; Exploratory core drilling. |
|
WA |
Y |
If <3 acres of disturbed area, no need for reclamation permit. |
|
WV |
Y |
Removal of borrow & fill material for grading in federal & state highway construction projects. |
|
WI |
N |
-- |
|
WY |
Y |
Private use; Govn't. agencies with similar reclamation standards; <10 acres. |
