Local zoning ordinances -- how they limit or restrict mining

Local regulation of mining by zoning has taken place for a long period of time. The delegation to local municipalities of land use planning, zoning and nuisance abatement authority which may affect mining by state governments has been consistently upheld by appellate courts as valid exercises of the police power. Recently, mine operators and mineral owners have been confronted by efforts of local municipalities, often initiated by anti-mining citizen's groups, to impose more stringent restrictions on mining activities within their borders. In some situations, existing ordinances are being enforced for the first time, in others, new ordinances have been adopted without much awareness or involvement by the public. Enforced to the letter, these ordinances can sterilize large blocks of mineable reserves open-quotes operatingclose quotes or performance standards in excess of SMCRA-based regulatory requirements. It is fair to say that investigation of the potential impacts of local zoning and other related ordinances is essential in the planning for the expansion of existing operations or for new operations. There may be new rules in the game. This paper identifies problem areas in typical open-quotes modernclose quotes ordinances and discusses legal and constitutional issues which may arise by their enforcement in coal producing regions