(1) (a) The board has jurisdiction over the drilling and production of brine wells. (b) The board does not have jurisdiction over Class I, III, IV, or V wells regulated by the Department of Environmental Quality, pursuant to the federal Safe Drinking Water Act, 40 C.F.R. Parts 144 through 148, inclusive, and Title 19, Chapter 5, Water Quality Act. (2) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that: (a) regulates only surface activity that is incidental to brine mining operations; (b) does not effectively or unduly limit, ban, or prohibit brine mining operations; and (c) is not otherwise preempted by state or federal law.
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