N.D. Cent. Code § 38-14.1-10
38-14.1-10. Necessity of permit - Exception
38-14.1-10. Necessity of permit - Exception
It is unlawful for any operator to engage in surface coal mining operations without first
obtaining from the commission a permit to do so. All existing surface coal mining operations
must on July 1, 1979, comply with this chapter and all rules adopted under the chapter, except
that lands from which the coal has been removed before July 1, 1979, are governed by the
reclamation standards that were in effect at the time of coal removal from the lands. A person or
operator shall engage in the inventorying and evaluation of cultural resources upon compliance
with section 55-03-01 and may implement a cultural resource mitigation plan approved by the
director of the state historical society before applying for or receiving an approved surface coal
mining and reclamation permit.