Jurisdictions of Other Agencies
Mined Land Reclamation Permit
Adirondack Park Agency (APA)
Peat and other mines in the Adirondack Park that involve wetlands will require a Freshwater wetlands permit from the Adirondack Park Agency (APA), not the DEC. Although the Freshwater Wetlands Act is applicable within the Park, Title 8 of the Act grants the administration of this program to the APA. Wetlands over one acre in size or any size wetland adjacent to open water are regulated within the Adirondack Park.
For questions involving freshwater wetlands in the Adirondack Park, contact:
Adirondack Park Agency
P.O. Box 99
Ray Brook, New York 12977
Department of Transportation
An applicant who proposes to conduct a mining project in conjunction with a Department of Transportation (DOT) contract, may substitute a copy of the contract agreement (prepared according to DOT's contract documents and specifications), for the Mined Land Use Plan, and submit this to DEC (See 6NYCRR Part 422.1).
The following must be included with the submission of the DOT contract agreement:
1. The name, address, and telephone number of the engineer-in-charge.
2. Location map of the mine project site.
3. An Environmental Assessment Form (EAF) properly filled out.
4. A description of the acreage which will be involved in the project including topographic contours showing the lay of the land before mining and also contours showing the land after the mining project is completed.
If DEC then issues a mining permit, the DOT contract documents and specifications will satisfy the requirements of the Mined-Land Use Plan and will be enforced by DEC, as written. DEC will also monitor the mining operation in cooperation with the DOT engineer-in-charge to ensure conformance with the Mined Land Reclamation regulations.
The Mined-Land Reclamation Law (MLRL) supersedes all other state and local laws related to mining. However, local governments maintain the authority to determine permissible land uses in zoning districts. Check with your local government before beginning the application process. A complete application requires a statement that mining is not a prohibited land use in the area to be mined.
If a special use permit is required by a local government for mining in a specific area, the conditions on the special use permit are limited to:
1. ingress and egress to public thoroughfares controlled by the local government;
2. routing of mineral transport vehicles on roads controlled by the local government;
3. requirements and conditions as specified in the permit issued by the department under the Mined Land Reclamation Law concerning setback from property boundaries and public thoroughfare rights-of-way natural or fabricated barriers to restrict access, if required, dust control and hours of operation, when such requirements and conditions are part of the permit;
4. enforcement of reclamation requirements contained in the Mined Land Reclamation permits issued by the department; or
5. enacting or enforcing local laws or ordinances regulating mining or the reclamation of mines not required to be permitted by the department.