Ohio Rewrites 39 Mining Rules in Permitting and Safety Tune-Up
Published Date: 10/26/2026
Rule
Summary
Ohio is updating its mining rules by changing 39 regulations about permits, maps, and safety programs. These changes affect miners, especially those applying for permits or involved in special mining categories. The new rules kick in on November 25, 2026, aiming to keep mining safe and fair without extra costs.
Analyzed Economic Effects
10 provisions identified: 5 benefits, 4 costs, 1 mixed.
New underground mapping requirements
Ohio added OAC 1501:13-4-08.1 requiring maps, cross-sections, designs, and plans specifically for underground workings and 'shadow areas' (surface above and within the angle of draw). Hydrologic mapping for underground workings and related requirements move into new and revised rules and take effect November 25, 2026.
Hydrologic map distance rules (1000 ft / 300 ft)
Ohio requires hydrologic maps to include the area within 1,000 feet of the proposed shadow area for full coal recovery mining and within 300 feet for room-and-pillar mining, and to show occupied buildings, perennial and intermittent streams, springs, seepage zones, water wells, and public water sources. These mapping provisions are effective November 25, 2026.
Maps must show gas/oil and producing wells at set distances
Ohio revised OAC 1501:13-4-08 to require application maps show the location of gas and oil wells in and within 25 feet of the proposed permit area, and the location of producing gas and oil wells in and within 300 feet of the proposed permit area. The change is effective November 25, 2026.
Ohio will no longer accept self-bonds
Ohio deleted OAC 1501:13-7-04 and will no longer accept self-bonds as a form of performance security. The State stated self-bonding has never been used in Ohio and cited coal-industry bankruptcies as a reason for the change. This change takes effect November 25, 2026.
Residents get free document copies; others may pay
Ohio restored language to OAC 1501:13-1-10 that requires certain records be available in the county where mining is occurring. If a requestor is a resident of the area where mining is occurring, DMRM will provide copies at no charge; nonresident requestors will be charged a fee consistent with ODNR policy. This restoration is approved effective November 25, 2026.
Written landowner consent required only for surface disturbance
Ohio narrowed OAC 1501:13-4-03(D)(2) so that applicants mining a private mineral estate must submit right-of-entry or conveyance documentation only when surface disturbance will result from the proposed surface mining methods. Ohio also clarified distance limits from dwellings and roads are measured horizontally. Changes are effective November 25, 2026.
Notarized insurance certification allowed instead of new certificate
Ohio revised OAC 1501:13-7-07 to allow an applicant with an existing permit to file a notarized certification that a certificate of liability insurance (and required rider) exists in the applicant's central file, in lieu of submitting a separate certificate with a new application. This change is effective November 25, 2026.
Revegetation 12‑month rule can be waived for small repairs
Ohio amended OAC 1501:13-9-15(F)(6) so DMRM may waive the 12-month seeding requirement before requesting phase III bond release if the repair area is limited in size and the permittee meets the revegetation success standard requiring at least 90% ground cover and that no single low-cover area exceed the lesser of 3,000 square feet or 0.3% of the land affected. This revision is effective November 25, 2026.
Added criteria for approving alternative postmining uses
Ohio added two criteria to OAC 1501:13-9-17(D): (1) the alternative postmining use must not be impractical or unreasonable, and (2) the use must not cause or contribute to a violation of Federal, State, or local law. These revisions are effective November 25, 2026.
200‑foot distance limits for underground operations
Ohio added OAC 1501:13-9-08(B) and (C) establishing a 200-foot distance limitation between underground mining operations and other active and abandoned underground mines, and between underground mining operations and coal exploration drilling operations. The rule text notes subsection (B) and (C) regulate underground activities. These provisions appear in the approved State rules effective November 25, 2026.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
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.
2026-21726, Agency Information Collection Activities; 30 CFR 822-Special Permanent Program Performance Standards-Operations in Alluvial Valley Floors
The Office of Surface Mining wants to keep collecting info to make sure mining near alluvial valley floors stays safe and follows the rules. This affects mining companies who must keep protecting these special areas. They’re asking for public comments by November 25, 2026, and there’s no new cost or big changes—just a renewal to keep things running smoothly.
2026-21835, Wyoming Regulatory Program
Wyoming fixed some typos in its coal mining rules that the federal government asked them to correct. These changes help keep mining safe and clean while following the law. The updated rules take effect on November 25, 2026, and mainly affect coal miners and regulators in Wyoming.
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.
Previous / Next Documents
Previous: 2026-21805, Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
Starting October 26, 2026, some Pacific cod that catcher vessels using trawl gear won’t catch will be shared with smaller boats using hook-and-line or pot gear, plus certain trawl catcher/processors in the Bering Sea and Aleutian Islands. This switch helps make sure the total allowed catch for 2026 gets fully used, benefiting fishermen and the fishing industry without changing the overall catch limits. The change lasts until the end of 2026 and keeps the Pacific cod fishery running smoothly.
Next: 2026-21808, Closed Captioning of Video Programming
Starting November 25, 2026, video programmers for public, educational, and government (PEG) channels won’t have to register or certify closed captioning if their channels are already exempt. Also, providers on certain nonbroadcast networks can skip certification if the network itself handles it. These changes cut red tape and save time, making captioning rules easier to follow without extra costs for most PEG programmers.