(i) ingress and egress to public thoroughfares controlled by the local
government;
(ii) routing of mineral transport vehicles on roads controlled by the
local government;
(iii) requirements and conditions as specified in the permit issued by
the department under this title concerning setback from property
boundaries and public thoroughfare rights-of-way natural or man-made
barriers to restrict access, if required, dust control and hours of
operation, when such requirements and conditions are established
pursuant to subdivision three of section 23-2711 of this title;
(iv) enforcement of reclamation requirements contained in mined land
reclamation permits issued by the state; or
c. enacting or enforcing local laws or ordinances regulating mining or
the reclamation of mines not required to be permitted by the state; or
d. enacting or enforcing local laws or ordinances requiring the
monitoring of groundwater impacts resulting from mining or the
reclamation of mines within counties with a population of one million or
more which draw their primary source of drinking water for a majority of
county residents from a designated sole source aquifer.
3. No agency of this state shall consider an application for a permit
to mine as complete or process such application for a permit to mine
pursuant to this title, within counties with a population of one million
or more which draw their primary source of drinking water for a majority
of county residents from a designated sole source aquifer, if local
zoning laws or ordinances prohibit mining uses within the area proposed
to be mined.
Structure New York Laws