Sec. 26.20.09.01. General Policy

When mining is not otherwise prohibited by statute or regulation, all open-pit mining operations on land owned by the State, whether or not the ownership includes mineral rights incident to the land, shall comply with the requirements of this subtitle. This includes provisions relating to permit applications, bonding and insurance, as well as all performance and reclamation standards. In addition, the following regulations set out special requirements applicable to open-pit mining and reclamation operations on land owned by the State. Open-pit mining on State-owned land is permitted only:

A. To the extent that it will directly promote the proper reclamation of abandoned surface or deep mines; or

B. In the case of public construction activities, to the extent that mining will accomplish the construction project or avoid, eliminate, or reduce adverse environmental impacts and hazardous conditions associated with construction projects such as water pollution, subsidence, and landslides.