How far must the mining activity be from my property line, house, stream, road, etc.?
The minimum setback distance that a highwall must be from the edge of the permit is 25 feet. (Cited in the regulations in Chapter 77, Section 77.572.) However, the permit line itself can be along the property line. Therefore, other activity can occur right to the edge. Other distance limitations are described in Chapter 77, section 77.504 and are as follows: • 100 feet from the outside line of right-of-way of a public highway (or road), stream or cemetery. • 300 feet of an occupied dwelling, public building, school, institution or commercial building. • 300 feet from a public park. The landowner may sign a waiver to allow operations within the setback area of an occupied dwelling or building. Waivers may also be given for roads, buildings and streams provided the responsible entity allows it.
