{"data":{"id":"us-ky/krs-350.085","jurisdiction":"us-ky","citation":"KRS 350.085","heading":"Denial of permits and operations -- Deletion of land areas.","body":"(1) No application for a permit and no operation shall be approved or allowed by the\ncabinet if there is found on the basis of the information set forth in the application\nthat the requirements of this chapter or administrative regulations will not be\nobserved or that there is not probable cause to believe that the proposed method of\noperation, backfilling, grading, or reclamation of the affected area can be carried out\nconsistent with the purpose of this chapter.\n(2) If the cabinet finds that the overburden on  any part of the area of land described in\nthe application for a permit is such that experience in the Commonwealth with a\nsimilar type of operation upon land with similar overburden shows that substantial\ndeposition of sediment in stream beds, landslides,  or acid water pollution cannot\nfeasibly be prevented, the cabinet may delete the part of the land described in the\napplication upon which that overburden exists.\n(3) Subject to valid existing rights, no surface coal mining operations except those\nwhich existed on or before August 4, 1977, shall be permitted within three hundred\n(300) feet from any occupied dwelling unless waived by the owner, nor within three\nhundred (300) feet of any public building, school, church, community, or\ninstitutional building, p ublic park, or within one hundred (100) feet of a cemetery.\nThe cabinet shall not issue a permit if it finds that the operation will constitute a\nhazard to or do physical damage to a dwelling house, public building, school,\nchurch, cemetery, commercial or institutional building, public road, stream, lake, or\nother public property. The cabinet shall delete the areas from the permit application\nor operation.\n(4) Subject to valid existing rights, no surface coal mining operations except those\nwhich existed on or before August 4, 1977, shall be permitted within one hundred\n(100) feet of the outside right -of-way line of any public road, except where mine\naccess roads or haulage roads join the right-of-way line. The cabinet shall permit the\nroads to be relocated o r the area affected to lie within one hundred (100) feet of the\nroad if, after public notice and opportunity for public hearing in the locality, a\nwritten finding is made that the interest of the public and the affected land owner\nwill be protected, and sh all not approve the application for a permit where the\nsurface coal mining operation will adversely affect a wild river established pursuant\nto KRS Chapter 146, a state park or place listed on the National Register of Historic\nPlaces unless adequate screening and other measures as approved by the cabinet are\nincorporated into the permit application.\n(5) Subject to valid existing rights, no surface coal mining operations except those\nwhich existed on August 4, 1977, shall be permitted on any privately owned lands\nwithin the boundaries of units of the National Park System, the National Wildlife\nRefuge Systems, the National System of Trails, the National Wilderness\nPreservation System, the Wild and Scenic Rivers System, including study rivers\ndesignated under S ection 5(a) of the Wild and Scenic Rivers Act and national\nrecreation areas designated by Act of Congress.\n(6) If based on the information provided pursuant to KRS 350.060(3)(h) and other\nrelevant information, the cabinet finds that any surface coal mining  and reclamation\noperation owned or controlled by the applicant is currently in violation of this\nchapter or other requirements listed pursuant to KRS 350.060(3)(h), the cabinet\nshall not issue the permit or permit renewal until the applicant submits proof\nsatisfactory to the cabinet that the violation has been corrected or is in the process of\nbeing corrected. It shall be grounds to deny a permit or permit renewal if the\ncabinet, based on any information available to it and after a hearing, makes a\nfinding that the applicant, or the operator specified in the application has\ndemonstrated a pattern of willful violations pursuant to KRS 350.130(3).\n(7) The prohibition of subsection (6) of this section shall not apply to a permit applicant\nwith a violation resulting from an unanticipated event or condition at a surface coal\nmining operation on lands eligible for and under a permit for remining held by the\napplicant. As used in this subsection, the term \"violation\" has the same meaning as\nthe term has under subsection (6). After September 30, 2004, the period of authority\nof this subsection shall be coincident with the period of authority of sec. 510(e) of\nPub. L. No. 95 -87, the \"Surface Mining Control and Reclamation Act of 1977,\" as\namended, 30 U.S.C. sec. 1260(e).","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32789","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:35Z","sha256":"1efdd366a4964f711217bb3d42b79b8db25492886eddff0978219171f0d06729","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.080","next":"us-ky/krs-350.090"},"notice":"GroundRules: Original legal text. Not legal advice."}