The amendments to the New York State Mined Land
Reclamation Law preserve and recognize the authority of municipalities
to absolutely prohibit mining in zoning districts. However, these
amendments grant the New York State Department of Environmental Conservation
(DEC) exclusive authority to regulate the reclamation of mined lands
in addition to the preexisting DEC exclusive authority to regulate
mining. Moreover, while the amendments preserve the rights of municipalities
to authorize mining as a special use in certain zoning districts,
municipalities have been severely limited in the conditions which
may be imposed upon mining by the special use permit. The amendments
also require the chief administrative officer of the municipality
to participate in the DEC permitting process in order to impose certain
of these conditions by special use permit.
A commercial extraction of topsoil, sand, gravel
or stone, other than mining, shall be permitted by special use permit.
Mining in the M-R District may be permitted
by special use permit upon those conditions set forth in § 23-2703,
Subdivision 2b of the Mined Land Reclamation Law, which conditions
include:
A.
Limitation and restriction regarding ingress and egress
to public thoroughfares controlled by the local government of the
Town of Concord.
B.
Limitations and restrictions regarding routing of
mineral transport vehicles on roads controlled by the local government
of the Town of Concord.
C.
Requirements and conditions which are specified in
the mined land reclamation permit issued by the DEC concerning setbacks
from property boundaries and public thoroughfare rights-of-way, natural
or man-made barriers to restrict access, dust control and hours of
operation.
D.
Enforcement of reclamation requirements contained
in mined land reclamation permits issued by the DEC.
The Supervisor of the Town of Concord, as the
chief administrative officer, is hereby authorized to participate
in the review by the DEC of any application for a mining permit, including
but not limited to making a determination as set forth in § 23-2711,
Subdivision 3, of the New York State Environmental Conservation Law,
in regard to the following:
A.
Appropriate setbacks from property boundaries or public
thoroughfare rights-of-way.
B.
Man-made or natural barriers designed to restrict
access if needed and the type, length, height and location thereof.
C.
The control of dust.
D.
Hours of operation.
E.
Whether mining is permitted at the location.
