OSM Greenlights More West Virginia Mining Bond Updates
Published Date: 12/3/2025
Rule
Summary
The Office of Surface Mining has approved some updates to West Virginia’s rules for coal mining permits, focusing on bonding, topsoil care, and land cleanup. These changes affect mining companies renewing permits or managing inactive sites and start on January 2, 2026. The updates aim to keep mining safer and cleaner without adding big costs or delays.
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
Bonding Choice Flexibility Restored
If you run a coal mining operation, West Virginia deleted the rule that once you chose full-permit bonding or incremental bonding you had to keep that choice. That deletion was approved earlier (see the March 18, 2024 approval referenced in the document), and OSMRE accepted the change so operators can change bonding approaches after their initial choice.
Topsoil/Substitute Rules Aligned With Federal Law
If you hold a mining permit, West Virginia's rules now allow treating a mixture of topsoil and the unconsolidated material below it as topsoil when topsoil is less than 6 inches thick, and allow the Secretary to approve soil substitute material when topsoil is insufficient. OSMRE approved these CSR 38-2-14.3 revisions as being in line with Federal regulation 30 CFR 816.22.
Inactive Status Rules Loosened
If your mine seeks inactive status, West Virginia's revisions (CSR 38-2-14.11) remove the state-level public notice/comment step, allow extensions beyond the prior 3-year limit if you show need, and extend the time for preparation plants, load-outs, and underground operations to be able to resume from 60 days to 180 days. OSMRE approved these changes as no less stringent than Federal requirements.
Reclamation Timing and Bonding Adjusted
West Virginia revised contemporaneous reclamation time and distance rules: it struck a 35-acre limit, extended some grading/backfilling deadlines (examples include extending certain limits from 30 days to 180 days and increasing some linear-foot limits from 1,000 to 1,500 feet), and moved exceptions largely to Secretary discretion. The State also changed bonding for excess spoil disposal fills so bond amounts may be set between $1,000 and $5,000 per acre rather than requiring the $5,000-per-acre maximum. OSMRE approved these CSR 38-2-14.15 changes.
Coal Refuse Closure Wording Clarified
West Virginia changed CSR 38-2-22.3.t.4 to replace the phrase 'prior to topsoiling' with 'prior to being covered with the non-toxic and non-combustible material' for covering fine refuse in impoundment pools. OSMRE approved this wording change related to abandonment plans.
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Related Federal Register Documents
2025-21443, Rescission of Fee Rates
The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated. New fee rates have been in place since October 1, 2021, and this rule makes it official starting January 27, 2026—unless folks speak up by December 29, 2025. This change mainly affects coal producers and keeps the fee system fresh and fair for years to come.
2026-17821, Montana Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM) published a document in the Federal Register on August 21, 2026, not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM made an error in the document by adding an entry to 30 CFR 926.12 at paragraph (c), a paragraph that already existed. This document corrects the final regulation.
2026-17333, Montana Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are denying an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature (Senate Bill (SB) 392). The proposed amendment would have added a provision requiring equal application of court costs to the prevailing party in contested case proceedings by a court or administrative agency that issues a decision. The proposal would have also amended the Montana Code Annotated (MCA) to refer to the proposed equal application of court costs rule. Finally, SB 392 includes contingencies that apply to the proposed amendment but are not codified into the MCA: codification instructions, a severability clause, an effective date clause, and an applicability statement.
2026-17055, Montana Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM) is not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Montana legislature, specifically Montana House Bill 328, proposes to add a definition of affected drainage basin to the Montana Code Annotated (MCA). Additionally, House Bill 328 proposes changes to the Montana Code Annotated, pertaining to bond release application requirements.
2026-16318, North Dakota Regulatory Program
North Dakota is updating its rules for surface mining to make things clearer and more efficient. These changes include new timelines for permits, creating a new Environmental Quality department, and shifting some duties to a new Water Resources department. The updates take effect on September 10, 2026, and affect anyone involved in mining permits and environmental oversight in the state.
2026-16136, Ohio Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM), is approving, in part, two amendments to the Ohio regulatory program (the Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As proposed by Ohio, the amendment involves statutory and regulatory changes to its bonding program (i.e., revising Ohio's alternative bonding system and providing the option for an applicant to post full-cost performance securities) and also includes statutory and regulatory changes pertaining to other subjects, such as abandoned mine land program funding, permitting standards, valid existing rights, remining, blasting, and topsoil handling. Ohio submitted this amendment, in part, to satisfy a program condition related to bonding inadequacies. We are removing this program condition.
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