The provisions of the Surface Mining Act do not apply to the extraction of coal:
A. by a landowner for his own noncommercial use from land owned or leased by him; or
B. as an incidental part of federal, state or local government-financed highway or other construction under regulations established by the commission.
History: Laws 1979, ch. 291, § 31; 1992, ch. 18, § 1.
Cross references. — For regulation of lands affected by mining "hard rock" minerals, see Chapter 69, Article 36 NMSA 1978.
The 1992 amendment, effective May 20, 1992, deleted former Subsection B, which read: "for commercial purposes where the surface mining operation affects two acres or less"; and redesignated former Subsection C as present Subsection B.
Structure New Mexico Statutes
Section 69-25A-1 - Short title.
Section 69-25A-2 - Purpose of act.
Section 69-25A-3 - Definitions.
Section 69-25A-4 - Coal surface mining commission; duties. (Repealed effective July 1, 2026.)
Section 69-25A-5 - Regulations.
Section 69-25A-6 - Procedure for adopting regulations.
Section 69-25A-7 - Petition to initiate regulations.
Section 69-25A-8 - Director; duties.
Section 69-25A-9 - General provisions pertaining to permits.
Section 69-25A-10 - Permit application requirements.
Section 69-25A-11 - Public liability and self-insurance requirements.
Section 69-25A-12 - Reclamation plan requirements.
Section 69-25A-13 - Performance bonds.
Section 69-25A-14 - Permit approval or denial.
Section 69-25A-15 - Revision of permits.
Section 69-25A-16 - Coal exploration.
Section 69-25A-17 - Public notice and public hearings.
Section 69-25A-18 - Decisions of director and appeals.
Section 69-25A-19 - Environmental protection performance standards; surface coal mining operations.
Section 69-25A-21 - Inspection and monitoring.
Section 69-25A-22 - Penalties and sanctions.
Section 69-25A-23 - Release of performance bonds.
Section 69-25A-24 - Citizen suits.
Section 69-25A-25 - Enforcement.
Section 69-25A-26 - Areas unsuitable for surface coal mining; petitions; exclusions.
Section 69-25A-27 - Cooperative agreement between the state of New Mexico and the United States.
Section 69-25A-28 - Applicability to public agencies, public utilities and public corporations.
Section 69-25A-29 - Administrative review.
Section 69-25A-30 - Judicial review.
Section 69-25A-31 - Exclusions.
Section 69-25A-32 - Conflict of interest; penalty; disclosure.
Section 69-25A-33 - Experimental practices or other use.
Section 69-25A-35 - Administrative procedures; applicability.
Section 69-25A-36 - Termination of agency life; delayed repeal.