West Virginia Code 22-3-26 – Surface mining operations not subject to article
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The provisions of this article do not apply to any of the following activities:
Terms Used In West Virginia Code 22-3-26
- Contract: A legal written agreement that becomes binding when signed.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(a) The extraction of coal by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner.
(b) The extraction of coal as an incidental part of federal, state, county, municipal or other local government-financed highway or other construction: Provided, That the provisions of the construction contract require the furnishing of a suitable bond which provides for reclamation, wherever practicable, of the area affected by such extraction.