Utah Code
Utah Code § 40-10-6 (2026)
Powers, functions, and duties of board and division
✓ current as of May 2026
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In addition to those provided in
Title 40, Chapter 8, Utah Mined Land Reclamation Act
, the board and division have the following powers, functions, and duties:
to make and promulgate in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the rules as are specifically necessary for the regulation of coal mining operations and reclamation operations;
to authorize its employees, agents, or contractors to enter upon any property for the purpose of carrying out the provisions of this chapter and Title 40, Chapter 8, Utah Mined Land Reclamation Act;
to establish specific reclamation and performance standards for new and existing coal mining operations and to effectuate these standards retroactively;
to prohibit mining and exploration operations without a permit and to establish procedures and requirements for the preparation, submission, approval, denial, termination, and modification of applications for coal mining and reclamation permits and for coal exploration permits;
to set and assess an application fee based on no more than the actual cost of review and processing of the application, this fee to accompany each application for a surface coal mining and reclamation permit and each application for an exploration permit;
to establish procedures and detailed requirements for all reclamation plans submitted as part of a permit application;
to condition the issuance of a permit to commence or continue surface mining operations upon the posting of performance bonds, deposits, or sureties and to make provision for the release of same in compliance with the requirements of this chapter;
to appoint or employ technical support, legal services, or independent consultants in furtherance of the objectives of this chapter and shall be responsible for coordination with other agencies in matters relating to mined land reclamation and the application of related law; and
to do all other things and take such other actions retroactively or otherwise within the purposes of this chapter as may be necessary to enforce its provisions.
Notes of Decisions
Cited in 2
cases, 1996–2012 · leading case: Utah Chapter of the Sierra Club v. Bd. of Oil, Gas, & Mining, 289 P.3d 558 (Utah 2012).
Utah Chapter of the Sierra Club v. Bd. of Oil, Gas, & Mining, 289 P.3d 558 (Utah 2012). “See Utax Cop® §§ 40-10-6, 40-10-30(8)(e). Therefore, this court may set aside the Board's legal conclusions and interpretations of the Mining Act only if those conclusions are "based upon a clearly erroneous interpretation or application of the law.”
Castle Valley Special Serv. Dist. v. Utah Bd. of Oil, Gas & Mining, 938 P.2d 248 (Utah 1996). “§ 40-10-6(4) (granting Board authority over coal mining permit approval).”
Utah Code § 40-10-6(4): 1 case
Castle Valley Special Serv. Dist. v. Utah Bd. of Oil, Gas & Mining, 938 P.2d 248 (Utah 1996). “§ 40-10-6(4) (granting Board authority over coal mining permit approval).”
Utah Code § 40-10-6(9): 1 case
Utah Chapter of the Sierra Club v. Bd. of Oil, Gas, & Mining, 289 P.3d 558 (Utah 2012). “See Utax Cop® §§ 40-10-6, 40-10-30(8)(e). Therefore, this court may set aside the Board's legal conclusions and interpretations of the Mining Act only if those conclusions are "based upon a clearly erroneous interpretation or application of the law.”
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