Title XXIX — OWNERSHIP AND CONVEYANCE OF PROPERTY

444.620. Time limits on reclamation practices. — In addition to completion of grading, grading shall be current and shall meet the following additional time limits: (1) Grading shall be completed not more than one hundred eighty days after the final placing of the spoil ridges. W…

444.630. Report, when required, contents. — 1. The operator shall file a report with the commission within sixty days after the date of expiration of a permit stating the exact number of acres of land affected by the operation, the extent of the reclamation already accomplished, …

444.640. Commission to investigate all reports — release from bond, when. — 1. The commission shall investigate or cause to have investigated the status of reclamation after each report referred to in section 444.580 has been filed. 2. If the commission determines that grading ha…

444.650. Application for release from bond — objection, effect of — appeal. — 1. Prior to release of the bond or any portion thereof, application shall be made by the operator to the commission, either with the completion reports or subsequent to such reports, for release of the …

444.660. Additional time, granted when. — The commission may grant such additional time for meeting with the completion dates required by sections 444.500 to 444.755 as are necessary due to an act of God, war, strike, riot or other catastrophe. ­­-------- (L. 1971 S.B. 1 § 19)

444.670. Commission may inspect and search — warrant, where obtained. — Commission members and authorized representatives of the commission may at all reasonable times enter upon any lands being strip mined for the purpose of inspection to determine whether the provisions of sect…

444.680. Injunction, when — violation, procedure — hearing. — 1. The commission shall cause investigations to be made of all strip mining operations in the state of Missouri. If the investigation shows that strip mining is being or is going to be conducted without a permit in vio…

444.690. Testimony at hearing, how recorded — available, when. — At any public hearing, all testimony taken before the commission shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any party to a hearing or to any member of th…

444.700. Judicial review, when — additional evidence authorized. — 1. All final decisions or orders of the commission shall be subject to judicial review as provided in chapter 536. No judicial review shall be available, however, until all administrative remedies are exhausted. 2…

444.710. Injunction and forfeiture of bond, when — attorney general to act. — In the event the commission determines that any provisions of sections 444.500 to 444.755, rules and regulations promulgated hereunder, permits issued, conditions of the bond, or any final order or dete…

444.720. Rules and regulations, when effective — notice, hearing — variances authorized. — 1. No rule or regulation or any amendment or repeal thereof adopted pursuant to sections 444.500 to 444.755 shall be adopted except after a public hearing to be held after thirty days' prio…

444.730. Mined land reclamation fund created — purpose. — 1. All sums received through the payment of fees or the forfeiture of bonds pursuant to sections 444.500 to 444.970 shall be placed in the state treasury and credited to the "Mined Land Reclamation Fund" which is hereby cr…

444.740. Commission authorized to receive funds and services. — 1. In the reclamation of land affected by strip mining for which it has funds available, the commission may avail itself of any services which may be provided by other state agencies or by agencies of the federal gov…

444.750. Recreational use of reclaimed lands encouraged. — Owners of lands that have been reclaimed or otherwise comply with the provisions of sections 444.500 to 444.755 are encouraged to make available to the people of this state these lands for recreational use at no charge. R…

444.755. Repeal of existing law not intended. — No existing civil or criminal remedy for any wrongful action which is a violation of any part of sections 444.500 to 444.755 or any rule or regulation promulgated hereunder shall be excluded or impaired by sections 444.500 to 444.75…

444.760. Short title. — This act may be known and cited as "The Land Reclamation Act". ­­-------- (L. 1971 H.B. 519 § 1)

444.762. Declaration of policy. — It is hereby declared to be the policy of this state to strike a balance between mining of minerals and reclamation of land subjected to surface disturbance by mining, as contemporaneously as possible, and for the conservation of land, and thereb…

444.765. Definitions. — Wherever used or referred to in sections 444.760 to 444.790, unless a different meaning clearly appears from the context, the following terms mean: (1) "Affected land", the pit area or area from which overburden shall have been removed, or upon which overb…

444.766. Exceptions to land reclamation act provisions. — 1. No provision of sections 444.760 to 444.790 shall apply to the excavation of minerals or fill dirt for the purposes of construction or land improvement as unrelated to the mining of minerals for a commercial purpose or …

444.767. Powers of commission — rules, procedure, review. — The commission may: (1) Adopt and promulgate rules and regulations pursuant to section 444.530 and chapter 536 respecting the administration of sections 444.760 to 444.790 and in conformity therewith; (2) Encourage and c…

444.768. Fee, bond, or assessment structure, comprehensive review — proposal to be submitted, approval by commission — rulemaking requirements — late fee, when — court action, when. — *1. Notwithstanding any statutory fee amounts or maximums to the contrary, the director of the d…

444.770. Permit required, when — release of certain bonds — complaints, requirements. — 1. It shall be unlawful for any operator to engage in surface mining without first obtaining from the commission a permit to do so, in such form as is hereinafter provided, including any opera…

444.771. Limitation on permits near an accredited school. — Notwithstanding any other provision of law to the contrary, the commission and the department shall not issue any permits under this chapter or under chapters 643 or 644 to any person whose mine plan boundary is within o…

444.772. Permit — application, contents, fees — amendment, how made — successor operator, duties of — fees expire, when. — 1. Any operator desiring to engage in surface mining shall make written application to the director for a permit. 2. Application for permit shall be made on …

444.773. Director to investigate applications — decision to issue or deny — denial of permit, appeal, procedure — commission to issue decision. — 1. All applications for a permit shall be filed with the director, who shall promptly investigate the application and make a decision …

444.774. Reclamation requirements and conditions. — 1. Every operator to whom a permit is issued pursuant to the provisions of sections 444.760 to 444.790 may engage in surface mining upon the lands described in the permit upon the performance of and subject to the following requ…

444.775. Release of bond, conditions — petition, hearing — administrative review. — 1. Prior to release of the bond or any portion thereof, application shall be made by the operator to the commission, either with the completion of the report referred to in section 444.774 or subs…

444.777. Entry upon lands and inspection by commission members — warrants to issue. — Commission members and authorized representatives of the commission may at all reasonable times enter upon any lands that have been or are being surface mined for the purpose of inspection to de…

444.778. Bond — form — amount — duration — forfeiture — power of reclamation. — 1. Any bond herein provided to be filed with the commission by the operator shall be in such form as the director prescribes, payable to the state of Missouri, conditioned that the operator shall fait…

444.782. Attorney general to represent commission, when — hearings on bond forfeiture, notice. — The attorney general, upon request of the commission, shall institute proceedings to have the bond of the operator forfeited for violation by the operator of any of the provisions of …

444.784. Commission rules and regulations authorized — delegation of authority — forfeiture funds, where expended. — The commission may adopt and promulgate reasonable rules and regulations respecting the administration of sections 444.760 to 444.790. Any act authorized to be don…

444.786. Operation without permit prohibited, penalty. — Any person required by sections 444.760 to 444.790 to have a permit who engages in the mining of minerals without previously securing a permit to do so as prescribed by sections 444.760 to 444.790, is guilty of a misdemeano…

444.787. Investigation by commission, attorney general to file suit — formal complaint procedure. — 1. The commission shall investigate surface mining operations in the state of Missouri. If the investigations show that surface mining is being or is going to be conducted without …

444.788. Civil action. — In the event the commission determines that any provisions of sections 444.760 to 444.790, rules and regulations promulgated thereunder, permits issued, conditions of the bond, or any final order or determination made by the commission or the director is …

444.789. Administrative procedure — inapplicability to public meetings. — 1. Any hearing pursuant to this section shall be of record and shall be a contested case. 2. Parties to such a hearing may make oral argument, introduce testimony and evidence, and cross-examine witnesses. …

444.790. Administrative penalties — not to be assessed for minor violation, definition — amount set by rule, limitation — payment when — appeal, effect — surcharge due when — unpaid penalty, collection — time limitation to assess violation — judicial appeal — civil action, effect…

444.800. Citation of law — legislative intent declared — rules and regulations authorized, procedure. — 1. This law, sections 444.800 to 444.940, may be known and cited as the "Surface Coal Mining Law". 2. The general assembly finds and declares that: (1) Extraction of coal from …

444.805. Definitions. — As used in this law, unless the context clearly indicates otherwise, the following words and terms mean: (1) "Approximate original contour", that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, includ…

444.810. Powers of commission — abandoned mine reclamation fund created, purpose. — 1. The commission may: (1) Adopt and promulgate rules and regulations respecting the administration and enforcement of this law and in conformity therewith; (2) Encourage and conduct investigation…

444.815. Permits required, kind, when to be obtained — term — effect of lack of operation — renewals — exemptions. — 1. Eight months from the date on which the state program is approved by the United States Secretary of the Interior pursuant to 30 U.S.C. 1253 and published in the…

444.820. Permit fees — contents of application — confidential items — copy to be filed with recorder of deeds — insurance required. — 1. Each application for a permit shall be accompanied by a fee: (1) For new surface coal mining permits there shall be an initial fee of one hundr…

444.825. Reclamation plan contents — confidential items. — 1. Each reclamation plan submitted as part of a permit application shall include, in the degree of detail necessary to demonstrate that reclamation required can be accomplished, a statement of: (1) The identification of t…

444.830. Phase I reclamation bond to be filed, when — adjustment of amount of bond and terms, by commission, when. — 1. After a surface coal mining and reclamation permit application has been approved, but before such a permit is issued, the applicant shall file with the commissi…

444.835. Permit to be granted or application to be modified or denied — notification required — requirements to be met before permit to be issued — additional items to be filed with application — exemptions. — 1. Upon the basis of a complete mining application and reclamation pla…

444.840. Revision of permit, procedure — transfer or assignment to have prior approval — commission may require permit revision — operator may be released from liability. — 1. (1) During the term of the permit the permittee may submit an application for a revision of the permit, …

444.845. Coal exploration permit required — contents of application — bond required — confidential items — limitation on removal of coal — sections 444.800 to 444.940 applicable to coal exploration rules and regulations. — 1. All persons conducting coal exploration operations mus…

444.850. Publication of intent — notification to local governments — comments and objections may be filed, procedure — conferences, findings — hearings — appeals. — 1. At the time of submission of an application for a surface coal mining and reclamation permit, or renewal or revi…

444.855. Performance standards to be met in surface mining operations — explosives — reclamation efforts. — 1. Any permit issued to conduct surface coal mining operations shall require that such surface coal mining operations will meet all applicable performance standards of this…

444.860. Performance standards to be met in underground mining operations — rules and regulations. — 1. The commission shall promulgate rules and regulations directed toward the surface effects of underground coal mining operations, embodying the following requirements; provided,…

444.865. Records and reports required — entry and inspection authorized — ownership information to be displayed — commission employees not to engage in mining, penalty — employees to file financial statements. — 1. For the purpose of developing or assisting in the development, ad…