Sec. 134.020. DESIGNATION OF AREA AS UNSUITABLE FOR SURFACE COAL MINING. (a) On petition under Section 134.017, the commission shall designate an area unsuitable for all or certain types of surface coal mining operations if the commission determines that reclamation under this chapter is not technologically and economically feasible.
(b) On petition under Section 134.017, the commission may designate a surface area unsuitable for certain types of surface coal mining operations if those operations will:
(1) be incompatible with existing state or local land use plans or programs;
(2) affect fragile or historic land in which the operations could result in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems;
(3) affect renewable resource lands, including aquifers and aquifer recharge areas, in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or
(4) affect natural hazard land, including areas subject to frequent flooding and areas of unstable geology, in which the operations could substantially endanger life and property.
(c) Sections 134.016 through 134.019 and this section do not apply to land:
(1) for which substantial legal and financial commitments in a surface coal mining operation or proposed operation were in existence before January 4, 1977;
(2) on which surface coal mining operations were being conducted on August 3, 1977; or
(3) on which surface coal mining operations are being conducted under a permit issued under this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Structure Texas Statutes
Chapter 134 - Texas Surface Coal Mining and Reclamation Act
Subchapter B. Powers and Duties of Commission
Section 134.011. General Authority of Commission
Section 134.013. Rulemaking and Permitting
Section 134.014. Coal Exploration Operations
Section 134.015. Surface Effects of Underground Mining
Section 134.016. Development of Process for Designating Areas Unsuitable for Surface Coal Mining
Section 134.017. Petition for Designation
Section 134.018. Hearing on Designation
Section 134.019. Commission Statement
Section 134.020. Designation of Area as Unsuitable for Surface Coal Mining
Section 134.021. Integration With Land Use Planning and Regulation Processes
Section 134.022. Prohibition on Surface Coal Mining in Certain Areas
Section 134.023. Cooperative Agreements With Federal Government
Section 134.024. Experimental Practices
Section 134.025. Certification of Blasters
Section 134.026. Monitoring, Reporting, and Inspections
Section 134.027. Monitoring of Operations That Affect Aquifers
Section 134.028. Inspection Procedure
Section 134.029. Procedure on Detection of Violation
Section 134.030. Rules Regarding Monitoring, Reporting, and Inspections