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HB2078Applies retroactively from and after September 15, 2024 (and 1 more date)

Owners or operators of aggregate mines (such as sand and gravel) must notify residential property owners within one-half mile only for new reclamation plans for new mining operations submitted from and after September 15, 2024, and they may use certain earlier public notices to meet that duty.

Official title: reclamation plans; aggregate mining; notice

HomeownersBusiness ownersZoning
  • September 12, 2026
  • Applies retroactively from and after September 15, 2024

What changes

  • BeforeThe reclamation plan had to state that the owner or operator notified nearby residential property owners about the proposed reclamation plan.

    NowThe notice must be about the proposed aggregate mining unit, and the designated contact answers questions about the proposed aggregate mining unit.

  • BeforeThe text showed no limit on which reclamation plans needed this notice.

    NowThe notice requirement applies only to new proposed reclamation plans for new aggregate mining operations submitted to the inspector from and after September 15, 2024.

  • NowThe notice requirement may be met by earlier public notices about special use permits, rezoning or annexation applications, or other public notices tied to the proposed aggregate mining unit, if they were published, distributed or displayed within at least a one-half mile radius of the operation.

Who it affects

  • Owners and operators of aggregate mining operations
  • Residential property owners within one-half mile of a proposed new aggregate mining operation
  • The state inspector who receives reclamation plans

What you need to do

Nothing.

What the law doesn't answer

  • What happens to reclamation plans submitted after September 15, 2024 that did not include the notice statement
  • Whether expansions of existing aggregate mining operations require notice
  • How the notice must be delivered to property owners
  • Who decides whether an earlier public notice satisfies the requirement
  • Any penalty for failing to give notice

This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.

Source

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