OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: S. Michele Manning Page 1 of 4

COALEX COMPARISON REPORT - 48

January 24, 1986

TOPIC: ACCESS AND HAUL ROADS*

*Note: This report is based on the most recent documents identified in the COALEX file. A state 

may have additional or revised rules or procedures not contained in the COALEX file.

BACKGROUND: Secs. 515(b)(17) and (18) of the Surface Mining Control and Reclamation Act 

of 1977 (SMCRA) requires all roads to be constructed, maintained, and reclaimed in a manner 

which controls or minimizes environmental damage. The applicable federal regulations and 

case law were discussed in COALEX SIGNIFICANT ISSUE REPORT - 46.= This Report will 

compare the various state regulations pertaining to access and haul roads.

SEARCH RESULTS:

A COALEX search was conducted to locate state regulations pertaining to access and haul 

roads. Information was obtained for twenty-five states.

A. GENERAL

State application of road, performance standards has been complicated by the lack of 

permanent federal rules. OSM's regulations have twice been suspended as a result of the IN 

RE: PERMANENT SURFACE MINING REGULATION LITIGATION. The various state 

regulations reflect the fluctuation in OSM's rules. Thus, the state road regulations differ in some 

cases according to which set of federal regulations were in effect at the time of state 

implementation.

B. CLASSIFICATION

Several states have adopted regulations identical to those found in the superseded 1979 federal 

regulations. Nine states (Arkansas, Iowa, Kansas, Louisiana, Mississippi, Missouri, Tennessee, 

Texas, and Wyoming) have regulations which divide access and haul roads into three-classes 

(I, II and III), with different standards applying to each class. (For a discussion of the equivalent 

federal regulations, see SIGNIFICANT ISSUE REPORT - 46)

Colorado's program is also similar to the original federal regulations; however, a different 

classification system is used. "Haul road" has the same definition as does a Class I road; an 

"access road" is any road which is frequently used for purposes other than hauling coal; and a 

"light-use road" is one which is infrequently or intermittently used for purposes other than the 

transportation of coal. (Colorado Mined Land Reclamation Board, Rules and Regs., Sec. 1.04 

(111) (1982))

Two other states (New Mexico and Virginia) follow the 1983 revised version of the federal 

regulations. These states classify roads as either primary or ancillary and have regulations 

pertaining to each class.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: S. Michele Manning Page 2 of 4

Only one of the remaining states uses a classification system. In Pennsylvania, roads are 

classified as either access or haul roads.

C. PERFORMANCE STANDARDS

The Pennsylvania performance standards are a rough equivalent of the 1983 federal 

regulations. In addition, the Pennsylvania rules prohibit the location of a haul road within 100 

feet of a perennial or intermittent stream unless specifically allowed by authorities. The use of 

acid or toxic-forming materials is allowed if the road is within the confines of a coal refuse 

disposal or reprocessing area and the effluent meets statutory standards. (Pa. Dept. of Env. 

Resources Coal Mining Reg., Sec. 87.160 (1982))

A majority of the remaining states use some form of the federal regulations with some 

deviations. While Alabama's regulations closely follow the 1983 regulations, some provisions 

from the 1979 version remain. There is no requirement of a minimum static safety factor for 

embankments or a drainage control system which passes the peak runoff from a 10 year, 6 hour 

precipitation event as found in OSM's permanent regulations. Alternative design specifications 

may be used if the resulting road performance would be equal to or better than that provided by 

the state regulations. In addition, the design must incorporate the demand for mobility and travel 

efficiency. (Ala. Surface Mining Comm'n. Regs., Sec. 880-X-IOC-67-71 (1981))

Alaska's regulations contain the 1983 standards found at 30 CFR Sec. 816.150(b)-(e), except 

that no provision is made for an embankment static safety factor. In addition, all operations must 

be conducted in a manner which minimizes damage or disruption of services provided by oil, 

gas, and water wells as well as railroads, electric and phone lines. (11 Alaska Admin. Code, Tit. 

90, Sec. 491 (1983))

Illinois' regulations contain language found in SMCRA, but use none of the other standards 

found in OSM's rules. (Ill. Surface Coal Mining Land Conservation and Reclamation Act, Reg. 

Sec. 1816.150 (1980))

The Indiana road regulations use general terms to identify the applicable standards pertaining to 

surface runoff, location, and removal and revegetation. Roads are not to be constructed in 

drainage channels unless approved, and adequate sedimentation controls and drainage 

measures are to be used when roads intersect drainage channels. (310 Ind. Admin. Code Sec. 

12-5-69 (1982))

The Maryland regulations are a modified version of the 1979 OSM Class I standards. The OSM 

rules dealing with horizontal alignment and sediment control measures have been deleted. All 

drainage control systems must be capable of handling a one year, twenty-four hour precipitation 

event and culverts may not be less than twelve inches in= diameter. (Md. Admin. Code, Tit. 8, 

Sec. 13.09.22 (1983))

Montana's regulations implement many provisions found in the 1979 Class I regulations, but 

have added rules pertaining to pit mining. No more than two ramp roads per mile of active pit 

are allowed unless specifically approved. Ramp roads are to exhibit an overall grade of seven 

percent or greater, but no sustained grade is to exceed eight percent, and the maximum 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: S. Michele Manning Page 3 of 4

pitchgrade is not to exceed twelve percent for more than 300 feet. (Mont. Admin. R. 26.4.602 

(1980))

North Dakota and Ohio have regulations which follow the 1983 OSM provisions. However, 

neither provide for classes; all roads must meet the OSM standards for primary roads. (N.D. 

Admin. Code Sec. 69-05.2-24.01 (1980); Ohio Admin. Code Sec. 1501:13-10-01 (1982))

A modified version of the 1979 Class I regulations have been implemented in Kentucky. The 

provision for minimizing downstream flooding is not specifically mentioned; nor are specific 

overall grade requirements or material to be used for embankment construction. (405 Ky. 

Admin. Regs. Sec. 16:220 (1983)) All haulroad applications must also include geologic and 

hydrologic information. (Knarr, "Permitting Changes: Haulroads, Right of Entry". Ky. Coal 

Journal (Nov. 1984))

West Virginia also uses a variation of the 1979 Class I regulations. Some of the differences 

include: a 1:1 ratio maximum for cut slopes in soil; a road surface pitch toward the ditchline of 

1/4 inch per foot; a minimum area for culvert openings of 100 inches; and a peak discharge 

drainage capability of a one year, twenty-four hour precipitation event. Several provisions were 

added to the Class I regulations, including a grade requirement for switchback curves, a grade 

tolerance requirement. and an exemption for some existing haulways and access roads. (W. Va. 

Surface Mining Regs.. Sec. 4A (1984))

ATTACHMENTS:

A. Colorado Mined Land Reclamation Board Rules & Regs., Sec. 1.04 (111) (1982).

B. Pennsylvania Dept. of Env. Resources Coal Mining Regs., Sec. 87.160 (1982).

C. Alabama Surface Mining Comm'n Regs., Sec. 880-X-10C-67:71 (1981).

D. 11 Alaska Admin. Code, Tit. 90, Sec. 491 (1983).

E. Illinois Surface Coal Mining Land Conservation & Reclamation Act, Reg. Sec 1816.150 

(1980).

F. 310 Indiana Admin. Code Sec. 12-5-69 (1982).

G. Maryland Admin. Code, Tit. 8, Sec. 13.09.22.

H. Montana Admin. Regs., Sec. 26.4.602 (1980).

I. North Dakota Admin. Code, Sec. 69-05.2-24.01 (1980).

J. Ohio Admin. Code, Sec. 1501:13-10-01 (1982).

K. 405 Kentucky Admin. Regs. Sec. 16:220 (1983).

L. Knarr, "Permitting Changes: Haulroads, Right of Entry", Ky. Coal Journal (Nov. 1984).

M. W. Va. Surface Mining Regs., Sec. 4A (1984).

TABLE 1: STATES UTILIZING OSM REGULATIONS

(Reformatted from original)

1979 VERSION

ARKANSAS

Ark. Surface Coal Mining and Reclamation Code, Sec. 816.150 (1980).

IOWA

Iowa Admin. Code, Sec. 4.523(71) (1980).
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Research conducted by: S. Michele Manning Page 4 of 4

KANSAS

Mined Land Conservation and Reclamation Rules, Sec. 47-9-1(c) (1980).

LOUISIANA

La. Surface Mining Regs. Statewide Order 29-0-1.5 216.150

MISSISSIPPI

Surface Coal Mining and Reclamation Regs., Sec. 216.150 (1980).

MISSOURI

4 Mo. Admin. Reg., 10 CSR Sec. 40-3.140 (1980).

TENNESSEE

Tenn. Div. of Surface Mining Rules, Sec. 0400-1-14-.72 (1982) 

(Note: this is now a federal program).

TEXAS

Surface Mining & Reclamation Regs., Sec. 051.07.04.400 (1980).

WYOMING

Land Quality Rules & Regs., Sec. 3j (1980).

COLORADO

(Different classes) Colo. Mined Land Reclamation Board Rules & Regs., Sec. 4.03 (1982).

1983 VERSION

NEW MEXICO

N. Mex. Surface Mining Regs., Sec. 20-150 (1984).

VIRGINIA

Surface Mining Reclamation Regs., Sec. V816.150.

Note: Citations used appear as found in COALEX documents and may not reflect a state's 

proper citation form.