Chapter 49 — MINES AND MINING

49-237. History: L. 1919, ch. 232, § 1; R.S. 1923, 49-237; Repealed, L. 1977, ch. 190, § 3; July 1. Source or prior law: L. 1909, ch. 176, § 1; L. 1911, ch. 223, § 1; L. 1913, ch. 229, § 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Docume…

49-241. History: L. 1907, ch. 250, § 1; L. 1913, ch. 227, § 1; R.S. 1923, 49-241; Repealed, L. 1961, ch. 262, § 5; June 30. CASE ANNOTATIONS 1. Act held constitutional. In re Williams, 79 Kan. 212, 222, 98 P. 777. Affirmed: Williams v. Walsh, 222 U.S. 415, 32 S. Ct. 137, 56 L. Ed…

49-242. History: L. 1907, ch. 250, § 2; L. 1913, ch. 227, § 2; R.S. 1923, 49-242; Repealed, L. 1961, ch. 262, § 5; June 30. CASE ANNOTATIONS 1. Act within police power and therefore constitutional and valid. The State v. Reaser, 93 Kan. 628, 631, 632, 145 P. 838. Previous | Next …

49-243. History: L. 1907, ch. 250, § 3; L. 1913, ch. 227, § 3; R.S. 1923, 49-243; Repealed, L. 1961, ch. 262, § 5; June 30. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Doc…

49-244. History: L. 1907, ch. 250, § 4; L. 1913, ch. 227, § 4; R.S. 1923, 49-244; Repealed, L. 1977, ch. 190, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Docu…

49-245. History: L. 1907, ch. 250, § 5; L. 1913, ch. 227, § 5; R.S. 1923, 49-245; L. 1961, ch. 262, § 3; Repealed, L. 1977, ch. 190, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTE…

49-246. History: L. 1907, ch. 250, § 6; L. 1913, ch. 227, § 6; R.S. 1923, 49-246; Repealed, L. 1961, ch. 262, § 5; June 30. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Doc…

49-260. History: L. 1917, ch. 237, § 8; R.S. 1923, 49-260; Repealed, L. 1955, ch. 348, § 5; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School F…

49-264. History: L. 1917, ch. 240, § 1; R.S. 1923, 49-264; L. 1943, ch. 208, § 1; Repealed, L. 1977, ch. 190, § 3; July 1. Source or prior law: L. 1889, ch. 172, § 1; L. 1915, ch. 244, § 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Docume…

49-277. History: L. 1911, ch. 222, § 1; L. 1913, ch. 226, § 1; L. 1915, ch. 245, § 1; L 1917, ch. 241, § 1; R.S. 1923, 49-277; Repealed, L. 1977, ch. 190, § 3; July 1. CASE ANNOTATIONS 1. Act of 1911, providing for bathhouses, held valid. The State v. Reaser, 93 Kan. 628, 145 P. …

49-278. History: L. 1913, ch. 226, § 2; R.S. 1923, 49-278; Repealed, L. 1977, ch. 190, § 3; July 1. Source or prior law: L. 1911, ch. 222, § 2. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES …

49-279. History: L. 1911, ch. 222, § 3; L. 1913, ch. 226, § 3; R.S. 1923, 49-279; Repealed, L. 1977, ch. 190, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Docu…

49-280. History: L. 1913, ch. 226, § 4; R.S. 1923, 49-280; Repealed, L. 1977, ch. 190, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School F…

49-281. History: L. 1913, ch. 226, § 5; L. 1917, ch. 241, § 2; R.S. 1923, 49-281; Repealed, L. 1977, ch. 190, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Docu…

49-284. History: L. 1917, ch. 239, §§ 1 to 4; R.S. 1923, 49-284; Repealed, L. 1977, ch. 190, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Sc…

49-289. History: L. 1913, ch. 47, § 1; R.S. 1923, 49-289; Repealed, L. 1977, ch. 190, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Fi…

49-290. History: L. 1921, ch. 285, § 1; R.S. 1923, 49-290; L. 1947, ch. 308, § 1; Repealed, L. 1977, ch. 190, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Docu…

[Repealed or reserved.]

[Repealed or reserved.]

49-307. History: L. 1903, ch. 544, § 1; R.S. 1923, 49-307; Repealed, L. 1977, ch. 190, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School F…

49-401. Title of act. This act shall be known as the "mined-land conservation and reclamation act." History: L. 1968, ch. 395, § 1; July 1. Law Review and Bar Journal References: Act and environmental considerations discussed in "An Environmental Look at Kansas Mining Laws," Jay …

49-402. Declaration of policy. Where surface mining operations are conducted, it is declared to be the policy of this state to provide for the reclamation of affected lands to encourage productive use including but not limited to: The planting of forests; the seeding of grasses a…

49-402a. Jurisdiction and authority vested in department of health and environment; powers, duties and functions conferred; abolition of board and office of executive director; application of documentary references and designations; rules and regulations, permits, orders and dire…

49-402b. Appropriations, unexpended balances transferred, use; officers and employees, liability for accrued compensation assumed by department of health and environment. (a) On the effective date of this act, the balance of all funds appropriated and reappropriated to the state …

49-402c. Property and records transferred; resolution of conflicts by governor. (a) The Kansas department of health and environment shall succeed to all property, property rights and records which were used for or pertain to the performance of the powers, duties and functions tra…

49-402d. Rights saved in legal actions and proceedings. (a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the state corporation commission or the mined-land conservation and reclamation board…

49-402e. Officers and employees transferred; civil service status; benefits and rights retained. (a) On the effective date of this act, all officers and employees who were engaged immediately prior to the effective date of this act in the performance of powers, duties and functio…

49-403. Definitions. (a) "Minerals" means coal. (b) "Overburden" means all of the earth and other materials which lie above a natural deposit of minerals and also means such earth and other material after removal from their natural state in the process of surface types of mining.…

49-404. Employment of inspectors and other personnel; contracts for technical services authorized; financial interest in coal mining operation prohibited; penalties for violation of prohibition; rules and regulations for enforcement; reports to congress. Within the limits of appr…

49-405. Powers and authority of secretary. The secretary shall have and exercise the following authority and powers which shall be enforced and administered by the secretary: (a) To adopt rules and regulations respecting the administration of this act and in conformity therewith …

49-405a. Training, examination and certification of certain persons responsible for blasting or use of explosives; rules and regulations requiring. In accordance with the provisions of this act, the secretary shall promulgate rules and regulations requiring the training, examinat…

49-405b. Area designated as unsuitable for surface coal mining operations, when; petition to have area so designated or designation terminated; hearing; duties of secretary. (a) (1) Upon petition pursuant to subsection (b), the secretary shall designate an area as unsuitable for …

49-405c. Civil penalty for violation of permit condition or provision of act; determination of amount of penalty; hearing; criminal penalty for violations; civil penalty for failure to correct a violation for which a citation has been issued; right to seek other relief not restri…

49-405d. Inspections, when; reports; signs, where, required information; violations; public records. (a) Departmental inspections shall be made on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quarter for the …

49-406. Permit to engage in surface mining; compliance with federal act required; annual statement of coal mined; application for permit, contents; notice of application for permit, publication; map and plan to accompany application; disapproval of application, when; fees; perfor…

49-407. Permit to engage in surface mining; approval, modification or denial; determination and order of secretary, contents; applicant to file schedule listing notices of violation; prime farmland area, effect; informal conference; notice and hearing on final determination; cond…

49-408. Reclamation of land affected by surface mining; regulations of secretary; extent that water on such land shall become public waters. (a) All land affected by surface coal mining and reclamation operations, except as otherwise provided in this act, shall be reclaimed and a…

49-409. Revegetation of affected areas. After the area of land affected, except access roads, has been graded and found by the secretary to meet the requirements of K.S.A. 49-408, and amendments thereto, and rules and regulations promulgated hereunder, the operator shall revegeta…

49-410. Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit. (a) (1) During the term of the permit an operator may submit an application to amend the permit, together with a …

49-411. Commencement of reclamation, when; grading. An operator shall commence the reclamation of the area of land affected by its operation contemporaneous with the surface mining of that area in accordance with a plan of reclamation required by the mined-land conservation and r…

49-412. History: L. 1968, ch. 395, § 12; Repealed, L. 1981, ch. 213, § 12; May 18. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

49-413. Planting report; inspection and evaluation of vegetative cover. When the planting of a permit area is completed, the operator shall file a planting report with the secretary on a form to be prescribed and furnished by the department giving the following information: (a) I…

49-414. History: L. 1968, ch. 395, § 14; Repealed, L. 1981, ch. 213, § 12; May 18. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

49-415. Reclamation reports; release of bond, when; hearing; conduct of hearing. Within 60 days after the date of expiration of a permit, the operator shall file with the secretary a report stating the exact number of acres of land affected by the operation, the extent of the rec…

49-416. Effect of revocation of permit or forfeiture of bond upon future permits. An operator whose mining permit has been revoked shall not be eligible to receive another permit or to have suspended permits reinstated until the operator has complied with all the requirements of …

49-416a. Review of notice or order; investigation and public hearing; order vacating, affirming, modifying or terminating notice or order; show cause order to suspend or revoke permit, hearing; assessment of costs. (a) An operator issued a notice or order by the secretary or any …

49-417. Reclamation by secretary; use of authorized funds; authority to contract; competitive bids; posting of bond or cash deposit by contractor; release of operator's bond, when. (a) In the reclamation of land affected by surface mining for which funds are available to the secr…

49-418. Effect on existing laws. This act shall not be construed as repealing any of the laws of the state relating to the pollution of the waters thereof, any conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto. History: L. 1968, ch…

49-419. History: L. 1968, ch. 395, § 19; Repealed, L. 1979, ch. 169, § 21; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

49-420. Mined-land conservation and reclamation fee fund and mined-land reclamation fund; administrative expenses. (a) The department shall remit all moneys received from the payment of fees or from civil penalties assessed by the secretary, including any interest thereon, to the…