N.D. Cent. Code § 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.