Ala. Code
Code of Alabama

Ala. Code § 9-16-99 (2026)

Surface Mining Operations Not Subject to This Article.

✓ official Alabama Legislature (ALISON) text, current July 2026
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The provisions of this article shall not apply to any of the following activities:

(1) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;

(2) For surface mining operations affecting two acres or less, the regulatory authority may waive certain requirements of this article where those requirements will not affect the reclamation of the affected lands;

(3) The extraction of coal as an incidental part of federal, state or local government-financed highway or other construction under regulations established by the regulatory authority;

(4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the tonnage of minerals removed for commercial use or sale pursuant to regulations established by the regulatory authority.

(Acts 1981, No. 81-435, p. 682, §31; Acts 1983, No. 83-774, p. 1415, §4.)

Notes of Decisions
Cited in 2 cases, 1983–1986 · leading case: Darty Dev. Co. v. Off. of Surface Mining Reclamation & Enf't, 632 F. Supp. 627 (N.D. Ala. 1986).
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Alabama Surface Mining Reclamation Comm'n v. Cordova Clay Co., 434 So. 2d 283 (Ala. Civ. App. 1983). “§ 9-16-99(4), Code of Alabama 1975. Consequently this opinion shall have little or no future application except as being the law governing this particular case.”
Darty Dev. Co. v. Off. of Surface Mining Reclamation & Enf't, 632 F. Supp. 627 (N.D. Ala. 1986). “Under substantive Alabama law and ASMC, a permit is not required where the coal mining operation is “an incidental part of federal, state or local government-financed highway or other construction____” § 9-16-99(3) Code of Alabama of 1975, as amended 1981; ASMC Rule 880-X-2D-.”
— Ala. Code § 9-16-99(3) — 1 case
Darty Dev. Co. v. Off. of Surface Mining Reclamation & Enf't, 632 F. Supp. 627 (N.D. Ala. 1986). “Under substantive Alabama law and ASMC, a permit is not required where the coal mining operation is “an incidental part of federal, state or local government-financed highway or other construction____” § 9-16-99(3) Code of Alabama of 1975, as amended 1981; ASMC Rule 880-X-2D-.”
— Ala. Code § 9-16-99(4) — 1 case
Alabama Surface Mining Reclamation Comm'n v. Cordova Clay Co., 434 So. 2d 283 (Ala. Civ. App. 1983). “§ 9-16-99(4), Code of Alabama 1975. Consequently this opinion shall have little or no future application except as being the law governing this particular case.”
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