Section 1761.11  Areas Where Mining is Prohibited or Limited

Subject to valid existing rights, no surface coal mining operations shall be conducted after August 3, 1977, unless those operations existed on the date of enactment:

a)         On any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 USC 1276(a)) or study rivers or study river corridors as established in guidelines pursuant to that Act published at 47 FR 39454 (September 7, 1982), and National Recreation Areas designated by Act of Congress.  The guidelines at 47 FR 39454 do not include any subsequent editions or amendments;

b)         On any Federal lands within the boundaries of any national forest; provided, however, that surface coal mining operations may be permitted on such lands, if the Secretary of the United States Department of the Interior (Secretary) finds that there are no significant recreational, timber, economic, or other values which may be incompatible with surface coal mining operations; and surface operations and impacts are incident to an underground coal mine;

c)         On any lands which will adversely affect any publicly owned park or any places included on the National Register of Historic Places, unless approved jointly by the Department and the Federal, State or local agency with jurisdiction over the park or places;

d)         Within 100 feet measured horizontally of the outside right-of-way line of any public road, except:

1)         Where mine access roads or haulage roads join such right of way lines; or

2)         Where the Illinois Department of Natural Resources, Office of Mines and Minerals (Department) and the public road authority with jurisdiction over the road under Illinois law allows the public road to be relocated, closed, or where the Department allows the area affected to be within 100 feet of such road, after:

A)        Public notice and opportunity for a public hearing in accordance with Section 1761.14; and

B)        Making a written finding that the interests of the affected public and landowners will be protected;

e)         Within 300 feet measured horizontally, from any occupied dwelling in existence, under construction, or contracted for at the time of public notice, except when:

1)         The owner thereof has provided a written waiver, pursuant to Section 1761.15, consenting to surface coal mining operations closer than 300 feet; or

2)         The part of the mining operation which is within 300 feet of the dwelling is a haul road or access road which connects with an existing public road on the side of the public road opposite the dwelling;

f)         Within 300 feet measured horizontally of any public building, school, church, community or institutional building, or public park; or

g)         Within 100 feet measured horizontally of a cemetery.  Cemeteries may be relocated if authorized by applicable State law or regulations.

(Source:  Amended at 29 Ill. Reg. 8330, effective May 27, 2005)