Mo. Rev. Stat. » Chapter 640
Missouri Revised Statutes

Mo. Rev. Stat. § 640.010 (2026)

✓ current as of May 2026
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  *640.010.  Department created — director, appointment, powers, duties — transfer of certain agencies. — 1.  There is hereby created a department of natural resources in charge of a director appointed by the governor, by and with the advice and consent of the senate.  The director shall administer the programs assigned to the department relating to environmental control and the conservation and management of natural resources.  The director shall coordinate and supervise all staff and other personnel assigned to the department.  He shall faithfully cause to be executed all policies established by the boards and commissions assigned to the department, be subject to their decisions as to all substantive and procedural rules and his or her decisions shall be subject to appeal as provided by law.  The director shall recommend policies to the various boards and commissions assigned to the department to achieve effective and coordinated environmental control and natural resource conservation policies.

  2.  The director shall appoint directors of staff to service each of the policy making boards or commissions assigned to the department.  Each director of staff shall be qualified by education, training and experience in the technical matters of the board to which he is assigned and his or her appointment shall be approved by the board to which he is assigned and he shall be removed or reassigned on their request in writing to the director of the department.  All other employees of the department and of each board and commission assigned to the department shall be appointed by the director of the department in accord with chapter 36, and shall be assigned and may be reassigned as required by the director of the department in such a manner as to provide optimum service, efficiency and economy.

  3.  The air conservation commission, chapter 203 and others, the clean water commission, chapter 204 and others, are transferred by type II transfer to the department of natural resources.  The governor shall appoint the members of these bodies in accord with the laws establishing them, with the advice and consent of the senate.  The bodies hereby transferred shall retain all rulemaking and hearing powers allotted by law, as well as those of any bodies transferred to their jurisdiction.  All the powers, duties and functions of the state environmental improvement authority, chapter 260 and others, are transferred by type III transfer to the air conservation commission.  All the powers, duties and functions of the water resources board, chapter 256 and others, are transferred by type I transfer to the clean water commission and the board is abolished.  No member of the clean water commission shall receive or shall have received, during the previous two years from the date of his or her appointment, a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit under the jurisdiction of the clean water commission.  The state park board, chapter 253, is transferred to the department of natural resources by type I transfer.

  4.  All the powers, duties and functions of the state soil and water districts commission, chapter 278 and others, are transferred by a type II transfer to the department.

  5.  All the powers, duties and functions of the state geologist, chapter 256 and others, are transferred by type I transfer to the department of natural resources.  All the powers, duties and functions of the state oil and gas council, chapter 259 and others, are transferred to the department of natural resources by type II transfer.  The director of the department shall appoint a state geologist who shall have the duties to supervise and coordinate the work formerly done by the departments or authorities abolished by this subsection, and shall provide staff services for the state oil and gas council.

  6.  All the powers, duties and functions of the land reclamation commission, chapter 444 and others, are transferred to the department of natural resources by type II transfer.  All necessary personnel required by the commission shall be selected, employed and discharged by the commission.  The director of the department shall not have the authority to abolish positions.

  7.  The functions performed by the division of health in relation to the maintenance of a safe quality of water dispensed to the public, sections 640.100 to 640.115, and others, and for licensing and regulating solid waste management systems and plans are transferred by type I transfer to the department of natural resources.

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(L. 1973 1st Ex. Sess. S.B. 1 § 10, A.L. 1995 S.B. 65, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.  H.B. 650 was vetoed July 12, 2013.  The veto was overridden on September 11, 2013.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2000–2023 · leading case: Missouri Coalition for the Env't v. Herrmann, 142 S.W.3d 700 (Mo. 2004).
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Missouri Coalition for the Env't v. Herrmann, 142 S.W.3d 700 (Mo. 2004). · cites it 6× “It claims that the director had authority to issue or deny MSOPs and that section 640.010 3 confers upon the commission jurisdiction to hear appeals from their issuance or denial.”
Saxony Lutheran High Sch., Inc. v. Missouri Dep't of Nat. Resources, 404 S.W.3d 902 (Mo. Ct. App. 2013). · cites it 3× “Section 640.010, RSMo. (Supp. 2012). . All statutory references are to RSMo.”
Chipperfield v. Missouri Air Conservation Comm'n, 229 S.W.3d 226 (Mo. Ct. App. 2007). “See §§ 640.010, 643.020 and 643.073, RSMo 2000.”
Craven v. State Ex Rel. Premium Stand. Farms, Inc., 19 S.W.3d 160 (Mo. Ct. App. 2000). · cites it 2× “Parts of the OSRA have been incorporated into § 640.010, the statute which creates Missouri’s Department of Natural Resources.”
Countryclub Homes, LLC & Valley Oaks Real Est., LLC v. Missouri Dep't of Nat. Resources, Missouri Clean Water Comm'n, Lone Jack Neighbors for Responsible Agric., Powell Gardens, Inc., Elizabeth Deich, Ryan Deich & The Robert M. Chamness Trust, Collectively Know as the Powell Parties, 591 S.W.3d 883 (Mo. Ct. App. 2019). · cites it 4× “In support of this contention, Valley Oaks argues that a previous version of Section 640.010 stated that “affected parties” had the right to appeal and that, by amending the section to state 4 Sections 644.”
In RE Trenton Farms RE, LLC, Permit NO. MOGS10520 Missouri Dep't of Nat. Resources & Missouri Clean Water Comm'n v. Hickory Neighbors United, Inc. (Mo. Ct. App. 2019). · cites it 2× “Section 640.010; section 644.026. Though the CWC "retain[s] all rulemaking and hearing powers allotted by law," section 640.”
St Louis-Jefferson Solid Waste Mgmt. Dist. v. Dep't of Nat. Resources, State of Missouri (Mo. Ct. App. 2023). · cites it 2× “Section 640.010. One of the programs the Department administers is the Solid Waste Management Fund ("Fund").”
Collector of Winchester, Missouri, & City of Winchester, Missouri v. Charter Commc'ns, Inc., & Charter Commc'ns, LLC, & Charter Fiberlink-Missouri, LLC, & Charter Advanced Servs. (MO), LLC, 660 S.W.3d 405 (Mo. Ct. App. 2022). “5 Previously numbered as § 640.010. 3 VoIP and a non-VoIP, traditional telephone customer over Charter’s broadband cable network.”
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