This legislation provides the Commissioner of the Department of Labor with sole authority to establish regulations to regulate mines and quarries. We have concerns with the following. This statement could equally be applied to any number of industries within the State that might argue they should have protections from municipal zoning regulations the same as mining operations are proposed to be protected in the bill.
Mining is no more essential an industry than many others, the bill sets a dangerous precedent.
Section 4 establishes that subsequent to the effective date of the legislation, the State shall have the sole regulatory authority over all mine sites. It directs the Commissioner of Labor to promulgate rules and regulations that shall be applicable to mines. It further provides that any active, inactive or abandoned mine site that may be subject to rezoning by a municipality, which eliminates the use as a permitted use, shall continue to be a mine site as a nonconforming use. In such a situation all State laws and regulations may be enforced by the municipality in which the property is located. As a result, all mines will be exclusively controlled by the State, except those existing in municipalities which adopt zoning ordinances prohibiting mines after the date of the adoption of the legislation.