North Dakota Code 38-14.1-04 – Powers and duties of the commission relative to designation of lands unsuitable for surface coal mining operations
The commission has the following powers and duties:
Terms Used In North Dakota Code 38-14.1-04
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. To be responsible for surface coal mining lands review.
2. To develop a database and an inventory system which will permit proper evaluation of the capacity of different land areas of the state to support and permit reclamation of surface coal mining operations.
3. To develop a method or methods for implementing land use planning decisions concerning surface coal mining operations.
4. To develop procedures ensuring proper notice, opportunities for public participation, including a public hearing prior to making a designation or redesignation, pursuant to this chapter.
5. To develop procedures whereby determinations of the unsuitability of land for surface coal mining, as provided for in this chapter, are integrated as closely as possible with land use planning and regulation processes at the state and local levels.
6. To develop a planning process in order to designate which, if any, land areas are unsuitable for all or certain types of surface coal mining operations, providing said decisions are based upon competent and scientifically sound data and information and accomplished pursuant to the procedures of sections 38-14.1-05 and 38-14.1-06.