{"data":{"id":"us-ky/krs-350.135","jurisdiction":"us-ky","citation":"KRS 350.135","heading":"Requirements for transfer of surface coal mining permit -- Release of bond","body":"-- Regulations -- Approval by cabinet.\n(1) No surface coal mining permit issued pursuant to this chapter shall be transferred by\nsale, assignment, lease, or otherwise except upon the written approval by the cabinet\nof a joint application submitted by both the transferor and the transferee. A basic fee\nset by regulation, and bearing a reasonable relationship to the cost of processing the\ntransfer, but not to exceed seven hundred fifty dollars ($750) shall accompany the\napplication and no acreage fee will be assessed. The transferee shall file with the\napplication a bond satisfactory to the cabinet which shall ensure reclamation of the\nentire area of land affected under the permit,  including areas previously affected by\nthe transferor. All rights and liabilities under the permit shall pass to the transferee\nupon written approval of the transfer by the cabinet, except that the transferor shall\nremain liable for any civil penalties re sulting from violations occurring prior to the\ndate of approval of the transfer. The cabinet shall not approve transfer of a surface\ncoal mining permit to any person who would be ineligible to receive a new permit\nunder this chapter.\n(2) After the cabinet has given its written approval to the transfer, the transferee may\nconduct surface coal mining and reclamation operations according to the approved\nmining and reclamation plan of the original permittee. Any transferee seeking to\nchange the conditions of mi ning or reclamation operations, or any of the terms or\nconditions of the original permit, shall apply for a new or revised permit pursuant to\nthe requirements of the cabinet.\n(3) The cabinet shall not release the first permittee from bond liability under t his\nchapter as to that particular operation until the transferee, having filed a bond\nsatisfactory to the cabinet, receives written approval from the cabinet for the\ntransfer, and otherwise complies with the requirements of this chapter, and provided\nfurther that the transferee shall assume as part of his obligation under this chapter,\nall liability for the reclamation of the area of land affected by the former permittee.\n(4) The cabinet may promulgate reasonable regulations and administrative procedures\nto implement this section.\n(5) The cabinet shall approve the transfer application if:\n(a) A joint agreement or sale has been executed;\n(b) The transferee has posted bond satisfactory to the cabinet which insures\nreclamation of the entire area of land affected under the permit;\n(c) The transferee has paid the fee pursuant to subsection (1) of this section;\n(d) The transferee has agreed to operate under provisions of the approved permit\nbeing transferred.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32803","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:35Z","sha256":"d1b7de3af64196215e195c660befa914bcf663d12b6a4e09ae74885d20f8922c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.133","next":"us-ky/krs-350.139"},"notice":"GroundRules: Original legal text. Not legal advice."}