Mississippi Code
Miss. Code Ann. § 53-9-21 (2024)
Surface coal mining and reclamation permit; term; extensions; use by successor in interest; termination
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) No person shall open, develop, engage in, carry out or continue on lands within the state any new or existing surface coal mining operations without a permit issued by the permit board.
- (2) All permits issued under this chapter shall be issued for a term not to exceed five (5) years, unless the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation. If the application is complete for the specified longer term, the permit board may issue a permit for the longer term.
- (3) A successor in interest to a permittee who applies for a new permit within thirty (30) days of succeeding to that interest, and who is able to obtain the bond coverage of the original permittee, may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the permit board takes action on the successor's application.
- (4) A permit shall be terminated if the permittee has not commenced the surface coal mining operations covered by that permit within three (3) years after the issuance of the permit. The permit board may grant reasonable extensions of time upon a showing that the extensions are necessary by reason of litigation precluding the commencement of surface coal mining operations or threatening substantial economic loss to the permittee upon or after commencement, or by reason of conditions beyond the control and without the fault or negligence of the permittee. For coal mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface coal mining operations at the time construction of the synthetic fuel or generating facility is initiated.
Laws, 1979, ch. 477, § 11(1)-(4); Laws, 1997, ch. 306, § 10, eff. 3/10/1997.
Notes of Decisions
Cited in 1
case, 2019–2019 · leading case: John M. Barham, Jr. v. Mississippi Power Co., 266 So. 3d 994 (Miss. 2019).
John M. Barham, Jr. v. Mississippi Power Co., 266 So. 3d 994 (Miss. 2019). “” Miss. Code Ann. § 53-9-21 (1) (Rev. taxes; and in all cases where said court heretofore exercised jurisdiction, auxiliary to courts of common law, it may exercise such jurisdiction to grant the relief sought, although the legal remedy may not have been exhausted or the legal…”
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