{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-724","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-724","heading":"Permits - Limited Use Permits - Applications - Bond -","body":"Permit or bond release applications.\n\nA. It shall be unlawful for any operator to engage in any\n\nmining operations in this state without first obtaining a permit or\n\na Limited Use Permit from the Department of Mines for each separate\n\nmining operation. The Department shall determine what constitutes a\n\nseparate mining operation by rules promulgated under the Mining\n\nLands Reclamation Act.\n\nB. Any operator desiring to engage in limited mining activity\n\nmay apply for a Limited Use Permit for those mining operations not\n\neligible for a surface mining permit. Application for such permit\n\nshall be made upon forms furnished by the Department. The form\n\nshall contain a description of the tract or tracts of land and shall\n\ninclude the section, township, range and county in which the land is\n\nlocated. A map shall be attached to the application which\n\naccurately outlines and locates the tract of land. A statement that\n\nthe applicant has the right and power by legal estate owned to mine\n\nthe land so described shall be included with the application. In\n\naddition, the following conditions and requirements shall apply to\n\nLimited Use Permits:\n\n1. The maximum acreage shall be restricted to two (2) acres;\n\n2. The term of a Limited Use Permit shall not exceed twelve\n\n(12) months from the date of issuance;\n\n3. A Limited Use Permit shall not carry a right of successive\n\nrenewal;\n\n4. A Limited Use Permit site must be reclaimed as required by\n\nSection 725 of this title within six (6) months following the\n\nexpiration of the permit term;\n\n5. A three-thousand-five-hundred-dollar reclamation bond must\n\nbe filed with the Department prior to issuance of the permit;\n\n6. Failure to reclaim the site disturbance within the permitted\n\ntime frame or revocation of the Limited Use Permit will be cause for\n\nbond forfeiture or other action as may be ordered by the Department;\n\n7. The use of processing equipment shall not be approved for a\n\nLimited Use Permit;\n\n8. The use of explosives shall not be approved under a Limited\n\nUse Permit;\n\n9. A processing fee of One Hundred Dollars ($100.00) shall\n\naccompany the application for a Limited Use Permit; and\n\n10. Mining production shall be reported and paid as required by\n\nSection 931 of this title.\n\nIf the above listed conditions and requirements are met, the\n\nDepartment may issue a Limited Use Permit which shall not be subject\n\nto the notice and publication requirements as otherwise required by\n\nthis section.\n\nC. 1. Any operator desiring to engage in surface mining shall\n\nmake written application to the Department for a permit.\n\nApplication for such permit shall be made upon a form furnished by\n\nthe Department. The form shall contain a description of the tract\n\nor tracts of land and the estimated number of acres to be affected\n\nby surface mining by the operator. The description shall include\n\nthe section, township, range and county in which the land is located\n\nand shall otherwise describe the land with sufficient certainty so\n\nthat it may be located and distinguished from other lands.\n\n2. Transmission lines shall be plotted on a location map\n\nsubmitted with the application. A statement that the operator has\n\nthe right and power by legal estate owned to mine by surface mining\n\nthe land so described shall be included with the application.\n\nD. 1. Any operator desiring to engage in underground mining\n\nshall make written application to the Department for a permit.\n\nApplication for such permit shall be made upon a form furnished by\n\nthe Department. The form shall contain a description of the tract\n\nor tracts of land to be used as refuse disposal areas. The\n\ndescription shall include the section, township, range and county in\n\nwhich the land is located and shall otherwise describe the land with\n\nsufficient certainty so that it may be located and distinguished\n\nfrom other lands.\nch permit shall be made upon a form furnished by\n\nthe Department. The form shall contain a description of the tract\n\nor tracts of land to be used as refuse disposal areas. The\n\ndescription shall include the section, township, range and county in\n\nwhich the land is located and shall otherwise describe the land with\n\nsufficient certainty so that it may be located and distinguished\n\nfrom other lands.\n\n2. A statement that the applicant has the right and power by\n\nlegal estate owned to use the land so described as a refuse disposal\n\narea shall be included with the application.\n\nE. Each application for a permit under subsections C and D of\n\nthis section shall be accompanied by a plan of reclamation of the\n\naffected land that meets the requirements of the Mining Lands\n\nReclamation Act. The application shall set forth the proposed use\n\nto be made of the affected land, the grading to be accomplished, the\n\ntype of revegetation, and shall include the approximate time of\n\ngrading and initial revegetation effort.\n\nF. Each application for a permit under subsections C and D of\n\nthis section shall be accompanied by the bond or security meeting\n\nthe requirements of Section 728 of this title, or proof that such\n\nbond or security is still in effect, and a fee of One Hundred\n\nSeventy-five Dollars ($175.00) for each permit year, payable at the\n\nrate of One Hundred Seventy-five Dollars ($175.00) per year on the\n\nanniversary date of the year in which the permit or permit renewal\n\nwas issued. All application fees shall be submitted to the State\n\nTreasurer, who shall deposit them in the Department of Mines\n\nRevolving Fund.\n\nG. 1. Upon the receipt of such application, bond or security\n\nand fee due from the operator, the Department may issue a permit to\n\nthe applicant which shall entitle the applicant to engage in mining\n\non the land therein described in accordance with the rules\n\npromulgated by the Department, for the life expectancy of the\n\noperation unless the operator is in violation of any state statute\n\nor rule of the Department in which case the Department shall take\n\nappropriate action against the operator.\n\n2. All applications for renewal of existing permits shall be\n\nfiled prior to the expiration of the existing permit in accordance\n\nwith the rules promulgated by the Department.\n\n3. No permit shall be issued except upon proper application and\n\npublic hearing, if requested.\n\nH. 1. a. Upon filing the application with the Department, the\n\napplicant shall place an advertisement in a newspaper\n\nof general circulation in the vicinity of the mining\n\noperation, containing such information as is required\n\nby the Department, at least once a week for four (4)\n\nconsecutive weeks.\n\nb. The advertisement shall contain, at a minimum, the\n\nfollowing:\n\n(1) the name and business address of the applicant,\n\n(2) a description which clearly shows or describes\n\nthe precise location and boundaries of the\n\nproposed permit area and is sufficient to enable\n\nlocal residents to readily identify the proposed\n\npermit area. It may include towns, bodies of\n\nwater, local landmarks, and any other information\n\nwhich would identify the location,\n\n(3) the location where a copy of the application is\n\navailable for public inspection,\n\n(4) the name and address of the Department where\n\nwritten comments, objections, or requests for\n\ninformal conferences on the application may be\n\nsubmitted pursuant to subsection P of this\n\nsection,\n\n(5) if an applicant seeks a permit to mine which\n\nincludes relocation or closing of a public road,\n\na copy of the county resolution pertaining to the\n\naffected county road, and\nfor public inspection,\n\n(4) the name and address of the Department where\n\nwritten comments, objections, or requests for\n\ninformal conferences on the application may be\n\nsubmitted pursuant to subsection P of this\n\nsection,\n\n(5) if an applicant seeks a permit to mine which\n\nincludes relocation or closing of a public road,\n\na copy of the county resolution pertaining to the\n\naffected county road, and\n\n(6) such other information as is required by the\n\nDepartment.\n\n2. Any property owner or resident of an occupied dwelling who\n\nmay be adversely affected located within one (1) mile of the mining\n\noperation shall have the right to protest the issuance of a permit\n\nand request a public hearing.\n\n3. The Department shall notify the surface owners of any\n\nhearings in connection with applications or permits in the same\n\nmanner as the operator is notified.\n\n4. Such protests must be received by the Department within\n\nfourteen (14) days after the date of publication of the newspaper\n\nadvertisement. If a public hearing is requested, the Department\n\nshall then hold an informal hearing in the vicinity of the proposed\n\nmining.\n\n5. Upon completion of findings after the hearing, the\n\nDepartment shall determine whether to issue or deny the permit, and\n\nshall notify all parties of its decision.\n\n6. Any decision regarding the issuance of a permit under this\n\nsection shall be appealable when entered, as provided in the\n\nAdministrative Procedures Act.\n\nI. Each application for a new operation shall contain, where\n\napplicable, a list of all other licenses and permits needed by the\n\napplicant to conduct the proposed mining operation. This list shall\n\nidentify each license and permit by:\n\n1. Type of permit or license;\n\n2. Name and address of issuing authority;\n\n3. Identification number or a copy of the application for\n\npermits or licenses or, if issued, a copy of the permit or license;\n\nand\n\n4. If a decision has been made, the date of approval or\n\ndisapproval by each issuing authority.\n\nAn existing operation which does not have on file a list of the\n\napplicable licenses or permits with the Department on the date of\n\nenactment of this act shall not be out of compliance with the\n\nprovisions of this section. Any renewal of an existing permit or\n\nexpansion or amendment to an existing operation upon time of\n\napplication shall submit a copy of all approved licenses and permits\n\nissued by other agencies or jurisdictions.\n\nIdentifications of all permits and licenses shall include local\n\ngovernment agencies with jurisdiction over or an interest in the\n\narea of the proposed mining operation including, but not limited to,\n\nplanning agencies, water and sewer authorities; and all state and\n\nfederal government agencies with authority to issue permits and\n\nlicenses applicable to the proposed mining operation, including all\n\nstate environmental agencies, U.S. Army Corps of Engineers, U.S.\n\nDepartment of Agriculture Natural Resources Conservation Service\n\ndistrict office, and federal fish and wildlife agencies.\n\nJ. An operator desiring to have such operator's permit amended\n\nto cover additional land may file an amended application with the\n\nDepartment. Upon receipt of the amended application, and such\n\nadditional bond as may be required under the provisions of the\n\nMining Lands Reclamation Act, the Department shall issue an\n\namendment to the original permit covering the additional land\n\ndescribed in the amended application, without the payment of any\n\nadditional fee.\n\nK. An operator may withdraw any land covered by a permit,\n\ndeleting affected land therefrom, by notifying the Department, in\n\nwhich case the penalty of the bond or security filed by such\n\noperator pursuant to the provisions of the Mining Lands Reclamation\n\nAct shall be reduced proportionately.\n\nL. Permits issued to an operator may be transferable to another\n\noperator, provided the new operator can demonstrate to the\nwithdraw any land covered by a permit,\n\ndeleting affected land therefrom, by notifying the Department, in\n\nwhich case the penalty of the bond or security filed by such\n\noperator pursuant to the provisions of the Mining Lands Reclamation\n\nAct shall be reduced proportionately.\n\nL. Permits issued to an operator may be transferable to another\n\noperator, provided the new operator can demonstrate to the\n\nDepartment, prior to the transfer of ownership, that conditions and\n\nobligations required for the permit will be met and the new operator\n\nhas submitted a performance bond or other guarantee, or has obtained\n\nthe bond coverage of the original permittee.\n\nM. The perimeter of the permit area shall be clearly marked by\n\ndurable and recognizable markers or by other means approved by the\n\nDepartment.\n\nN. The Department shall determine the blasting distance to\n\ntransmission lines by rule.\n\nO. 1. If any mining operations where blasting is required\n\noccur within the limits of a municipality with a population in\n\nexcess of three hundred thousand (300,000) according to the latest\n\nFederal Decennial Census or within the limits of a municipality\n\nwithin a county with a population in excess of three hundred\n\nthousand (300,000) according to the latest Federal Decennial Census,\n\nthe application for a permit pursuant to subsections C and D of this\n\nsection shall be accompanied by proof that the operator is in full\n\ncompliance with all applicable regulations of the municipality.\n\nCertified copies of any required municipal permits and any other\n\nrequired written municipal approvals shall be attached to the\n\napplication when submitted to the Department. No mining permit\n\nshall be issued by the Department unless the applicant first\n\ncomplies with the requirements of this subsection. A municipality\n\nis not required to reconsider requests denied by the municipality\n\nrelated to the same site unless the municipality determines there\n\nhas been a material change in the application.\n\n2. The provisions of paragraph 1 of this subsection shall not\n\napply to existing permitted operations, revisions or amendments\n\nthereto, or any application on file with the Department prior to May\n\n25, 2005. In addition, the provisions of paragraph 1 of this\n\nsubsection shall not apply to any future operation on property\n\ndirectly adjacent to property on which a permitted operation is\n\nlocated, provided that the operation is permitted and the adjacent\n\nproperty is owned or leased by the operator on the effective date of\n\nthis act. For purposes of this subsection, properties separated by\n\na public road shall be considered to be adjacent.\n\nP. Within a reasonable time, as established by the Department,\n\nwritten comments or objections on permit or bond release\n\napplications may be submitted to the Department by public entities\n\nincluding but not limited to the local soil conservation district,\n\nwith respect to the effects of the proposed mining operations on the\n\nenvironment.\n\nQ. Any person having an interest in or who is or may be\n\nadversely affected by the decision on a permit or bond release\n\napplication, or any federal, state or local agency, shall have the\n\nright to request in writing that the Department hold an informal\n\nconference on the application. The Department shall hold the\n\ninformal conference within a reasonable time following the receipt\n\nof the written request at a location in the vicinity of the proposed\n\nor active surface mining or reclamation operation.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"dfc0a2c5173becd30b90b011c82f2757b6c872122d8fdacbf6da0c04e4f28bd7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-723","next":"us-ok/okla.-stat.-tit.-45-45-725"},"notice":"GroundRules: Original legal text. Not legal advice."}