N.Y. Environmental Conservation Law § 23-2703: Declaration of policy

§ 23-2703. Declaration of policy.

1. The legislature hereby declares that it is the policy of this state

to foster and encourage the development of an economically sound and

stable mining industry, and the orderly development of domestic mineral

resources and reserves necessary to assure satisfaction of economic

needs compatible with sound environmental management practices. The

legislature further declares it to be the policy of this state to

provide for the management and planning for the use of these

non-renewable natural resources and to provide, in conjunction with such

mining operations, for reclamation of affected lands; to encourage

productive use including but not restricted to the planting of forests,

the planting of crops for harvest, the seeding of grass and legumes for

grazing purposes, the protection and enhancement of wildlife and aquatic

resources, the establishment of recreational, home, commercial, and

industrial sites; to provide for the conservation, development,

utilization, management and appropriate use of all the natural resources

of such areas for compatible multiple purposes; to prevent pollution; to

protect and perpetuate the taxable value of property; to protect the

health, safety and general welfare of the people, as well as the natural

beauty and aesthetic values in the affected areas of the state.

2. For the purposes stated herein, this title shall supersede all

other state and local laws relating to the extractive mining industry;

provided, however, that nothing in this title shall be construed to

prevent any local government from:

a. enacting or enforcing local laws or ordinances of general

applicability, except that such local laws or ordinances shall not

regulate mining and/or reclamation activities regulated by state

statute, regulation, or permit; or

b. enacting or enforcing local zoning ordinances or laws which

determine permissible uses in zoning districts. Where mining is

designated a permissible use in a zoning district and allowed by special

use permit, conditions placed on such special use permits shall be

limited to the following:

(i) ingress and egress to public thoroughfares controlled by the local

government;

(ii) routing of mineral transport vehicles on roads controlled by the

local government;

(iii) requirements and conditions as specified in the permit issued by

the department under this title concerning setback from property

boundaries and public thoroughfare rights-of-way natural or man-made

barriers to restrict access, if required, dust control and hours of

operation, when such requirements and conditions are established

pursuant to subdivision three of section 23-2711 of this title;

(iv) enforcement of reclamation requirements contained in mined land

reclamation permits issued by the state; or

c. enacting or enforcing local laws or ordinances regulating mining or

the reclamation of mines not required to be permitted by the state; or

d. enacting or enforcing local laws or ordinances requiring the

monitoring of groundwater impacts resulting from mining or the

reclamation of mines within counties with a population of one million or

more which draw their primary source of drinking water for a majority of

county residents from a designated sole source aquifer.

3. No agency of this state shall consider an application for a permit

to mine as complete or process such application for a permit to mine

pursuant to this title, within counties with a population of one million

or more which draw their primary source of drinking water for a majority

of county residents from a designated sole source aquifer, if local

zoning laws or ordinances prohibit mining uses within the area proposed

to be mined.