Title XXIX — OWNERSHIP AND CONVEYANCE OF PROPERTY

444.010. Mineral land owner to post conditions under which mining operations may be conducted thereon. — 1. When any person owning real estate in this state, or any person having a leasehold interest in such real estate for mining purposes by lease from the owner thereof, duly ac…

444.020. Failure to post statement of conditions, effect — rights of miners. — 1. Whenever any such owner or lessee of real estate shall permit any person or persons, other than their servants, agents, or employees, to enter and dig for lead ore or other minerals on such real est…

444.030. Tender of payment. — Any such person or persons who, by the permission or consent of the owner or lessee of any real estate, and having the right to mine thereon, and having entered and dug or mined thereon any lead ore or other mineral, shall have the right to the exclu…

444.040. Notice to owner or lessee. — If any person or persons having dug or mined lead ore or other mineral, and having the same in his or their possession, and having offered to deliver such mineral according to contract, or paid or tendered the royalty, if any, due thereon, or…

444.050. Ownership of ore. — All lead ore or other mineral, dug or mined in or upon lands of any person in this state, shall be deemed and held to be the absolute property of the owner or lessee of such lands, except in cases where it is modified, changed or transferred by expres…

444.060. Injunction or restraining order — how granted. — No injunction or restraining order shall be granted by any court or by any judge thereof to enjoin or restrain the working of any mine or mines, or in any manner to interfere with the same, except upon notice first being g…

444.070. Mining extending to adjoining lands, how determined. — When any owner, tenant or subtenant of a lot or lots or tracts of land, shall file with any associate circuit judge within the county in which said lot or lots or tract of land may be situated, his or her affidavit, …

444.080. Order to be read. — The surveyor shall, before entering upon said duty, read said order to the party or parties owning, controlling or working any shaft or shafts on said lot or lots or tract of land. ­­-------- (RSMo 1939 § 14790) Prior revisions: 1929 § 13600; 1919 § 7…

444.090. Refusal to permit survey — penalty. — If said party or parties owning, controlling or working said shaft or shafts on said lot or lots or tract of land shall refuse, hinder or prevent said county surveyor or his deputy and his assistant from entering said shaft or shafts…

444.100. Provisions for mining coal in certain cities. — No person, company or corporation shall hereafter sink a shaft, mine, tunnel, excavate or drift for coal, or take out any coal of any kind within the corporate limits or designated boundaries of any city, town or village in…

444.110. Notice of intention to mine — publication required. — 1. Every person, company or corporation desiring to carry on any of the mining operations provided for in section 444.100 shall give at least thirty days' notice of such intention by notice printed and published in so…

444.120. Permit from mayor and council — petition to circuit court. — On the day mentioned in such notice, the persons, company or corporation proposing to carry on such mining operations must have a permit, in writing, signed by the mayor and a majority of the city council of th…

444.130. Court to authorize mining operations, when — period of time specified. — The court may, upon such application, hear testimony upon all the matters involved in such application, including testimony upon the solvency and responsibility of the sureties offered, and may hear…

444.140. Form of bond required. — Such bond shall be signed by the proposers, and by not less than two sureties, to be approved by said court, residents of the county wherein such mining is to be carried on, and shall be made payable to the state of Missouri, and conditioned that…

444.150. Written permission of owner required — violation — provisions for payment of fine. — Any person or persons who shall in person or by their servant, agent or employee, dig, excavate, mine, tunnel or drift upon or under the lands or lots of another, within the corporate li…

444.160. Costs, paid by whom. — The costs attending the giving notice, making application and receiving mining privileges shall all be paid by the person, company or corporation making the same, and no such privilege shall take effect until all such costs be paid. ­­-------- (RSM…

444.170. Diagram showing character and extent of mining operations to be filed in court — forfeiture for failure to comply. — 1. At periodic times as directed by the circuit court, during the continuance of any mining license, every person, company or corporation carrying on such…

444.180. Certain sections apply only to coal mining companies. — In no case shall sections 444.100 to 444.170 be so construed as to apply to persons, companies or corporations engaged in mining for lead, zinc or other ores or minerals, except coal. ­­-------- (RSMo 1939 § 14802) …

444.320. Mining under public highways and railroads prohibited. — No person or persons, firm or association of persons, company or corporation shall, within this state, mine or excavate beneath the surface of any public highway or railroad right-of-way, in such manner as to cause…

444.330. Penalty for violation of section 444.320. — Any person, firm, company, association or corporation violating the provisions of section 444.320, and any officer, agent or receiver of any firm, company, association or corporation, or any member of the same, or any individua…

444.350. Citation of law. — Sections 444.352 to 444.380 may be known and cited as the "Metallic Minerals Waste Management Act". ­­-------- (L. 1989 H.B. 321 § 1)

444.352. Definitions. — As used in sections 444.352 to 444.380, the following words and terms shall mean: (1) "Beneficiation", the process of concentrating minerals from ore; (2) "Closure", those actions taken pursuant to a comprehensive plan to contain metallic mineral wastes on…

444.355. Director, powers. — The director shall have and exercise all powers provided in sections 444.352 to 444.380, including but not limited to the following: (1) Ensure the coordination of existing environmental programs for the processing of the permit required by sections 4…

444.358. Permit required, when. — No later than six months after August 28, 1989, for active metallic minerals waste management areas presently operating under a National Pollutant Discharge Elimination System (NPDES) permit, or dam safety registration, or both, or within ninety …

444.360. Application for permit, contents. — The application for a metallic minerals waste management permit shall contain the following: (1) The legal description of the waste management area; (2) The name of the owner of the surface of the waste management area; (3) The address…

444.362. Closure plan, purposes, contents, review of. — 1. The operator shall submit a closure plan, the purpose of which shall be to: (1) Ensure that metallic mineral wastes are contained on-site as required by applicable NPDES permits, dam safety registration requirements, wast…

444.365. Inspection — maintenance plan, purposes, contents, review of. — 1. The operator shall submit an inspection-maintenance plan to ensure that the area will be maintained until such time as it is stabilized and will be self-maintained in accordance with the purposes of the p…

444.368. Financial assurance instrument required, form, amount — confidential information not to be released — duration, use, forfeiture — release of. — 1. Before a permit can be issued, the operator shall file a demonstration of financial assurance in the form of a bond, certifi…

444.370. Processing fee, annual permit fee — metallic minerals waste management fund, created, uses. — 1. A processing fee of ten thousand dollars shall accompany the filing of the application for a facility or metallic minerals waste management area. An annual fee of seven thous…

444.372. Permits, final approval by director — denial of permit, procedures. — 1. The director shall review the permit application and shall notify the applicant in a reasonable period of time after initial review of the completeness of the application, the need for additional in…

444.375. Inspections, investigations, director to perform — civil penalties authorized, procedures — emergency situations, powers of director. — 1. The director shall cause investigations to be made to determine compliance with sections 444.350 to 444.380 and the permits issued p…

444.376. Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition. — 1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 444.3…

444.377. Hearings, procedures. — 1. Any hearing under sections 444.350 to 444.380 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. 3. The hearing shall be before t…

444.378. Violations, procedures to forfeit the financial assurance instrument, attorney general to assist, when. — The attorney general, upon request of the director, shall institute proceedings to have the financial assurance instrument of the operator forfeited for violation by…

444.380. Rules, authority, promulgation, procedure. — The director may adopt and promulgate reasonable rules and regulations to implement sections 444.352 to 444.380. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has…

444.400. Mining compact — purpose, definitions — commission, budget, powers and programs — construction. — The "Interstate Mining Compact"* is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows…

444.410. Members, interstate mining commission — appointment — compensation. — The governor shall appoint one member and one alternate member to represent Missouri's interests on the interstate mining commission. Such appointment shall be with the advice and consent of the senate…

444.500. Citation of law. — This law, sections 444.500 to 444.755, may be known and cited as the "Strip Mine Law". ­­-------- (L. 1971 S.B. 1 § 2 subsec. 5, A.L. 1979 H.B. 459, A.L. 1990 H.B. 1584)

[Repealed or reserved.]

444.520. Commission, membership, qualifications, terms, compensation, powers — department director, limitation on. — 1. There is a Missouri mining commission whose domicile for administrative purposes is the department of natural resources. The commission shall consist of the fol…

444.530. Powers of commission — rules, procedure. — 1. The commission may: (1) Adopt and promulgate rules and regulations respecting the administration of sections 444.500 to 444.789; (2) Encourage and conduct investigation, research, experiments and demonstrations, and collect a…

444.535. Rules and regulations, commission shall make — variances, procedures, conditions — section not to apply, when. — 1. In addition to the other powers and duties prescribed by law, the commission shall adopt and promulgate rules and regulations adequate to require the opera…

444.540. Annual strip mining permit required, fee, renewal. — 1. No person shall engage in strip mining unless such person possesses a valid permit issued by the commission designating the area of land affected by the operation. The permit shall authorize the operator to engage i…

444.550. Application for permit, contents. — 1. Application for permit shall be made on a form prescribed by the commission and shall include: (1) The names of all persons with any interest in the land to be mined; (2) The source of the applicant's legal right to mine the land af…

444.560. Reclamation plan required, contents. — The application for a permit shall be accompanied by a plan of reclamation that meets the requirements of sections 444.500 to 444.755, and the rules and regulations promulgated under them, and shall contain a verified statement by t…

444.570. Bond, amount — commission may waive. — Before the issuance of the permit, the operator shall file with the commission, in such form as the commission prescribes, a bond payable to the state treasurer, conditioned that the operator shall faithfully perform all requirement…

444.580. Annual permit, how amended. — 1. An operator desiring to have his permit amended to cover additional land may file an amended application with the commission. Upon receipt of the amended application, and such additional fee and bond as may be required under the provision…

444.590. Successor operator, assumption of liability — first operator released, when. — Where one operator succeeds another at any uncompleted operation, either by sale, assignment, lease or otherwise, the commission may release the first operator from all liability under section…

444.600. Permit — investigation, decision, hearing, court review — appeals. — 1. All applications for a permit shall be filed with the director who shall promptly investigate the application and make a decision within thirty days after the application is received as to whether th…

444.610. Reclamation and care requirements. — 1. Every operator to whom a permit is issued pursuant to the provisions of sections 444.500 to 444.755 may engage in strip mining upon the lands described in the permit upon the performance of and subject to the following requirements…