Title XXIX — OWNERSHIP AND CONVEYANCE OF PROPERTY

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…

444.870. Penalties, administrative and criminal, procedure. — 1. Any permittee who violates any permit condition or any provision of the reclamation plan or who violates any provision of this law or rules and regulations may be assessed an administrative penalty by the commission…

444.875. Release of all or part of performance bond, procedure — objections may be filed. — 1. The permittee may file a request with the commission for the release of all or part of a performance bond or deposit. Within thirty days after any application for bond release has been …

444.880. Actions to compel compliance, limitation — costs of litigation — actions for damages. — 1. Except as provided in subsection 2 of this section, any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel comp…

444.885. Cessation orders — suspension or revocation of permits — injunctive relief. — 1. When, on the basis of any inspection, the commission, the director, or any authorized representative of the commission, determines that any condition or practices exist, or that any permitte…

444.890. Commission to designate areas unsuitable for surface mining — review required — excepted lands — procedure. — 1. (1) The commission shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to wh…

444.895. Review of cessation orders and permit suspensions and revocations — procedure — temporary relief — hearings, conduct. — 1. (1) A permittee issued a notice or order pursuant to the provisions of section 444.885, or any person having an interest which is or may be adversel…

444.900. Judicial review. — 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. The availability of such review shall not b…

444.905. Severability — rights retained — replacement of water — explosives regulations. — 1. If any provision of this law or the applicability thereof to any person or circumstance is held invalid, the remainder of this law and the application of such provision to other persons …

[Repealed or reserved.]

444.920. Abandoned mine reclamation fund, commission's duties and powers. — In order to receive applicable federal funds for the abandoned mine reclamation fund, and to meet necessary federal requirements: (1) The commission may submit to the appropriate federal officer or agency…

444.925. Entry upon property by commission staff, procedure — acquisition of land by commission — use and disposal of land — price — public hearings. — 1. If the commission, pursuant to an approved state program, makes a finding of fact that: (1) Land or water resources have been…

444.930. Liens for corrective measures — amount, filing, valuation — appeals, priority of liens. — 1. Within six months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the comm…

444.935. Public health hazards — actions to abate, procedure. — The general assembly declares that voids, and open and abandoned tunnels, shafts, and entryways resulting from any previous mining operation constitute a hazard to the public health or safety and that surface impacts…

444.940. Report on fund required — administration of fund, rules and regulations — authorized activities — water pollution treatment. — 1. Not later than January 1, 1981, and annually thereafter, the commission shall report to the Congress and the general assembly on operations u…

444.950. Phase I reclamation bond requirements — rules, procedure to adopt — rights and duties of mine owners. — 1. An applicant shall, consistent with the timing provided for in subsection 1 of section 444.830, file a phase I reclamation bond pursuant to this section. The phase …

444.955. Revegetation of mined land, responsibility transfer, approval required. — With commission approval, a person other than the original permittee may assume responsibility for revegetating lands mined pursuant to sections 444.805 to 444.970*. The commission shall establish …

444.960. Fund, coal mine land reclamation, established, purpose, duties. — 1. A "Coal Mine Land Reclamation Fund" is hereby established in the state treasury. Assessments paid pursuant to the provisions of section 444.965 shall be placed in this fund. If a permittee has filed a p…

444.965. Assessment for fund, amount paid, when — additional assessment, determined how, when. — 1. Beginning on September 1, 1988, every permittee that files a phase I reclamation bond pursuant to section 444.950 shall pay an assessment, in addition to all other taxes and fees w…

444.970. Penalty — delinquency or failure to comply with assessment or reclamation plan. — 1. The commission may impose a penalty of twenty-five cents per ton upon any permittee who is more than thirty days delinquent in paying the assessment due under the provisions of section 4…

444.980. Appeal of permit decision, procedure. — Whenever a surface coal mining operation permit provided under section 444.815 or a coal exploration operation permit provided under section 444.845 is issued, denied, suspended, or revoked by the department of natural resources, a…

445.010. Plats of cities, towns, villages — shall show what. — 1. Whenever any city, town or village, or any addition to any city, town or village, shall be laid out, the proprietor of such city, town or village, or addition, shall cause to be made out an accurate map or plat the…

445.020. Plat, how drawn — shall show what. — Every plat hereafter constructed, which is authorized or required by law to be recorded, or intended to form part of any proceedings for the partition of real estate, shall be drawn to a scale, the scale to be noted on the plat, have …