§ 20.30B.050. Mineral extraction protection.

Latest version.

1.

For purposes of this section, a site is a protected, legally operating mine when it meets the following requirements:

a.

The site is designated as mineral resource lands;

b.

The extraction operation has a valid special use permit;

c.

The extraction operation is carried out in accordance with governing law and any applicable best management practices;

d.

The extraction operation does not have any substantial adverse effect on the public health or safety; and

e.

The site obtained designation status before the notice under Chapters 18.04, 14.20 or 14.44 TCC was given.

2.

An owner or occupier of real property for which notice has been given pursuant to Chapters 14.20, 14.44 or 18.04 TCC may not be limited in bringing a private nuisance claim against a protected, legally operating mine.

(Ord. No. 14402, § 6, 9-7-2010)

                    
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