Missouri Revised Statutes
Mo. Rev. Stat. § 444.771 (2026)
Limitation on permits near an accredited school
✓ laws through the 2026 session (checked Sept. 2026)
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444.771. Limitation on permits near an accredited school. — Notwithstanding any other provision of law to the contrary, the commission and the department shall not issue any permits under this chapter or under chapters 643 or 644 to any person whose mine plan boundary is within one thousand feet of any real property where an accredited school has been located for at least five years prior to such application for permits made under these provisions, except that the provisions of this section shall not apply to any request for an expansion to an existing mine or to any underground mining operation.
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(L. 2011 H.B. 89)
Effective 7-11-11
CROSS REFERENCE:
Nonseverability clause, 640.099
Notes of Decisions
Cited in 2
cases, 2013–2015 · leading case: Saxony Lutheran High Sch., Inc. v. Missouri Dep't of Nat. Resources, 404 S.W.3d 902 (Mo. Ct. App. 2013).
Saxony Lutheran High Sch., Inc. v. Missouri Dep't of Nat. Resources, 404 S.W.3d 902 (Mo. Ct. App. 2013). “This bill created Section 444.771, which prohibits the Commission from issuing a surface mining permit for any mine plan whose boundary is within 1000 feet of “any real property where an accredited school has been located for at least five years.”
Strack Excavating, LLC v. Missouri Dep't of Nat. Resources, 459 S.W.3d 439 (Mo. Ct. App. 2015). “Strack contends that its challenge to § 444.771, RSMo Cum.Supp.2011, presents a justiciable controversy which is ripe and which is not subject to the administrative exhaustion doctrine.”
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