N.D. Cent. Code § 38-14.1-04
38-14.1-04. Powers and duties of the commission relative to designation of lands unsuitable for surface coal mining operations
38-14.1-04. Powers and duties of the commission relative to designation of lands
unsuitable for surface coal mining operations.
The commission has the following powers and duties:
1. To be responsible for surface coal mining lands review.
2. To develop a database and an inventory system which will permit proper evaluation of
the capacity of different land areas of the state to support and permit reclamation of
surface coal mining operations.
3. To develop a method or methods for implementing land use planning decisions
concerning surface coal mining operations.
4. To develop procedures ensuring proper notice, opportunities for public participation,
including a public hearing prior to making a designation or redesignation, pursuant to
this chapter.
5. To develop procedures whereby determinations of the unsuitability of land for surface
coal mining, as provided for in this chapter, are integrated as closely as possible with
land use planning and regulation processes at the state and local levels.
6. To develop a planning process in order to designate which, if any, land areas are
unsuitable for all or certain types of surface coal mining operations, providing said
decisions are based upon competent and scientifically sound data and information and
accomplished pursuant to the procedures of sections 38-14.1-05 and 38-14.1-06.