Ohio Admin. Code 1501:13-9-17 - Postmining use of land
(A) All affected areas shall be reclaimed in
a timely manner:
(1) To conditions that are
capable of supporting the uses which they were capable of supporting before any
mining; or
(2) To higher or better
uses achievable under criteria and procedures of paragraph (D) of this
rule.
(B) The premining
uses of land to which the postmining land uses
are
use is compared shall be those uses
which the land previously supported, if the land
had
has not
been previously mined and had
has been properly managed.
(1) The postmining land use for land that was
mined pursuant to a license issued prior to April 10, 1972, shall be judged on the basis of the highest and best
use that can be achieved which is compatible with surrounding areas and does
not require the disturbance of areas previously unaffected by mining.
(2) The land may be returned to the
undeveloped postmining land use category only if the land was categorized as
undeveloped land prior to mining.
(C) "Land use" means specific uses or
management-related activities, rather than the vegetation or cover of the land.
Land use is categorized in the following categories. Changes of land use or
uses from one of the following categories to another shall be considered as a
change to an alternative land use which is subject to approval by the chief
pursuant to paragraph (D) of this rule.
(1)
The cropland category includes land in the production of adapted crops for
harvest, alone or in a rotation with grasses and legumes, and includes row
crops, small grain crops, hay crops, nursery crops, orchard crops, and other
similar specialty crops. Land used for facilities in support of cropland
farming operations which is adjacent to or an integral part of these operations
is also included for purposes of these land use categories.
(2) The pastureland category includes land
occasionally cut for hay and land used primarily for the long-term production
of adapted, domesticated forage plants to be grazed by livestock or
occasionally cut and cured for livestock feed. Land used for facilities in
support of pastureland or land occasionally cut for hay which is adjacent to or
an integral part of these operations is also included.
(3) The grazingland category includes both
grassland and forest land where the indigenous vegetation is actively managed
for grazing, browsing, or occasional hay production. Land used for facilities
in support of ranching operations which are adjacent to or an integral part of
these operations is also included.
(4) The industrial category includes land
used for extraction or transformation of materials for fabrication of products,
wholesaling of products or for long-term storage of products. This includes all
heavy and light manufacturing facilities such as lumber and wood processing,
chemical manufacturing, petroleum refining, and fabricated metal products
manufacture. Land used for facilities in support of these operations which is
adjacent to or an integral part of that operation is also included. Support
facilities include, but are not limited to, all rail, road, and other
transportation facilities.
(5) The
commercial category includes land used for retail or trade of goods or
services, including hotels, motels, stores, restaurants, and other commercial
establishments. Land used for facilities in support of commercial operations
which is adjacent to or an integral part of these operations is also included.
Support facilities include, but are not limited to, parking, storage, or
shipping facilities.
(6) The
developed water resources category includes land used for storing water for
beneficial uses such as stockponds, irrigation, fire protection, flood control,
and water supply.
(7) The
recreation category includes land used for public or private leisure-time use,
including developed recreation facilities such as parks, camps, and amusement
areas, as well as areas for less intensive uses such as hiking, canoeing and
other undeveloped recreational uses.
(8) The residential category includes land
used for single and multiple-family housing, mobile home parks, and other
residential lodgings. Land used for facilities in support of residential
operations which is adjacent to or an integral part of these operations is also
included. Support facilities include, but are not limited to, vehicle parking
and open space that directly relate to the residential use.
(9) The forest category includes land used
for the commercial or noncommercial production of wood, wood fiber, or wood
derived products and land used for facilities in support of forest harvest and
management operations which is adjacent to or an integral part of these
operations.
(10) The fish and
wildlife habitat category includes land used wholly or partially for the
production, protection or management of species of fish or wildlife.
(11) The undeveloped land use category
includes land that is not currently being used or managed or, if previously
used or managed, is land that has been allowed to return naturally to an
undeveloped state or has been allowed to return to forest through natural
succession.
(D) An
alternative postmining land use may be approved by the chief of the division of
reclamation, after consultation with the landowner or the land management
agency having jurisdiction over state or federal lands, if the following
criteria are met.
(2)
(3)
The plans show the feasibility of the postmining land use and include a
schedule showing how the proposed use will be developed and achieved within a
reasonable time.
(3)
(4) The plans include letters of commitment from other
parties to provide for necessary public facilities that are required for the
proposed use.
(4)
(5) The proposed use or uses will neither present
actual or probable hazard to public health or safety, nor will they pose any
actual or probable threat of water flow diminution or pollution.
(5)
(6)
The use or uses will not involve unreasonable delays in reclamation.
(6)
(8) The proposed postmining land use identifies
measures to prevent or mitigate adverse effects on fish and wildlife, and
threatened or endangered plants or animals or their critical habitats, and an
opportunity to comment has been provided in accordance with
rule
1501:13-9-11
paragraph (A)(3) of rule
1501:13-5-01
of the Administrative Code to appropriate state and federal fish and wildlife
management agencies.
(1) The proposed land use is
compatible with adjacent land use and, where
applicable, with existing local, state, or federal land use policies and
plans.
(2)
The use will not be impractical or unreasonable.
(7)
The use will not
cause or contribute to violation of federal, state, or local
law.
Notes
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 08/28/1978, 05/01/1980, 08/16/1982 (Emer.), 10/27/1982, 11/27/1993, 08/22/1994, 01/17/2016
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/28/78, 5/1/80, 8/16/82 (Emer.), 10/27/82, 11/27/93, 8/22/94
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.