N.C. Gen. Stat. » Chapter 74
NC General Statutes

N.C. Gen. Stat. § 74-46 (2026)

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✓ current as of July 2026
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This Article may be known and cited as "The Mining Act of 1971." (1971, c. 545, s. 1.)

 

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1990–2025 · leading case: Good Hope Hosp., Inc. v. North Carolina Dep't of Health & Human Servs., 620 S.E.2d 873 (N.C. Ct. App. 2005).
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Good Hope Hosp., Inc. v. North Carolina Dep't of Health & Human Servs., 620 S.E.2d 873 (N.C. Ct. App. 2005). · cites it 2× “Plaintiffs’ complaint sought, inter alia, a declaratory judgment requesting the trial court to determine that the Mining Act ( N.C. Gen. Stat. §§ 74-46 to -68) was unconstitutional as applied to them, and that the permit had been improperly granted.”
Crowell Constructors, Inc. v. State Ex Rel. Cobey, 467 S.E.2d 675 (N.C. 1996). · cites it 3× “See N.C.G.S. §§ 74-46 to -68 (1985) (amended 1994); see also N.”
Clark Stone Co. v. N.C. Dep't of Env't & Nat. Resources, 594 S.E.2d 832 (N.C. Ct. App. 2004). · cites it 2× “DENR revoked Petitioner’s mining permit pursuant to the Mining Act of 1971, N.C. Gen. Stat. §§ 74-46 et seq. We therefore examine the relevant language and stated purpose of the Mining Act to determine DENR’s authority under its provisions.”
North Buncombe Ass'n of Concerned Citizens, Inc. v. Rhodes, 394 S.E.2d 462 (N.C. Ct. App. 1990). · cites it 2× “The plaintiffs alleged, first, that N.C. Gen. Stat. §§ 74-46 to -68 (the Mining Act) on its face and as administered violates the Federal Constitution; second, that DEHNR failed to comply with requirements of the Mining Act in issuing a permit to Vulcan; and, third, that…”
Crowell Constructors, Inc. v. North Carolina Dep't of Env't, Health, & Nat. Resources, 421 S.E.2d 612 (N.C. Ct. App. 1992). · cites it 2× “West (“ALJ”) conducted a hearing in accordance with the North Carolina Mining Act, N.C. Gen. Stat. § 74-46 et seq., (1985) and the North Carolina Administrative Procedures Act, N.”
Martin Marietta Tech., Inc. v. Brunswick Cnty., 487 S.E.2d 145 (N.C. Ct. App. 1997). · cites it 2× “” N.C. Gen. Stat. § 74-50 (a). The permit application process under the Mining Act is comprehensive in order to ensure that “the usefulness, productivity, and scenic values of all lands and waters involved in mining within the State will receive the greatest practical degree of…”
N.C. Dep't of Envtl. Quality v. Wake Stone Corp. (N.C. Ct. App. 2025). · cites it 3× “In April 2020, Wake Stone applied to the Division to modify its mining permit under The Mining Act of 1971, N.C.G.S. § 74-46 et seq., to expand its operations onto a parcel of land called the Odd Fellows Tract.”
State Ex Rel. Ross v. Overcash, 666 S.E.2d 217 (N.C. Ct. App. 2008). · cites it 2× “See N.C. Gen. Stat. §§ 74-46 et seq. (2007). Neither did he submit a reclamation plan nor post a bond, both of which also are required under law.”
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