Maryland Code § EN-15-802

Section EN-15-802
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(a) The General Assembly finds and declares that:
(1) The extraction of minerals by mining is a basic and essential
activity making an important contribution to the economic well-being of the State
and the nation and that this activity must be balanced against potential health,
safety, and environmental effects;
(2) All reasonable steps should be taken:
(i) To protect these resources from encroachment by other
land uses that would make these resources unavailable for future use; and
(ii) To balance this activity against other possible land uses,
including consideration of uses for surrounding properties;
(3) Although it is not practical to extract minerals required by our
society without disturbing the surface of the earth and producing waste materials
and the very character of certain surface mining operations precludes complete
restoration of the land to its original condition, it is possible to conduct mining in a
way to minimize its effects on the surrounding environment;
(4) Proper reclamation of mined land is necessary to prevent
undesirable land and water conditions that would be detrimental to the general
welfare, health, safety, beauty, and property rights of the citizens of the State;
(5) There are certain circumstances in which surface mining is not
desirable, as when the operation will have an unduly adverse effect on wildlife or
freshwater, estuarine, or marine fisheries; and
(6) The conduct of mining and reclamation of mined lands as
provided by this subtitle will allow the mining of valuable minerals and provide for
the protection of the State's environment and the subsequent beneficial use of the
mined and reclaimed land.
(b) This subtitle is an exercise of the police powers of the State for the
general welfare of the people of the State, by providing for the protection and
conservation of the natural resources of the State and the reclamation of areas of land
affected in the surface mining of metallic and nonmetallic minerals other than coal,
to aid in the protection of birds and wildlife, to decrease soil erosion, to prevent
pollution of rivers, streams, and lakes, to prevent loss or waste of valuable mineral
resources, to prevent and eliminate hazards to health and safety, to provide for
reclamation of mined areas so as to assure the use of these lands for productive

purposes, and generally to provide for the continued use and enjoyment of these
lands.

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