2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 27 - New York State Mined Land Reclamation Law › 23-2703 - Declaration of Policy.

§ 23-2703. Declaration of policy.
1. The legislature hereby declares that it is the policy of this state
to  foster  and  encourage  the development of an economically sound and
stable mining industry, and the orderly development of domestic  mineral
resources  and  reserves  necessary  to  assure satisfaction of economic
needs compatible with  sound  environmental  management  practices.  The
legislature  further  declares  it  to  be  the  policy of this state to
provide  for  the  management  and  planning  for  the  use   of   these
non-renewable natural resources and to provide, in conjunction with such
mining  operations,  for  reclamation  of  affected  lands; to encourage
productive use including but not restricted to the planting of  forests,
the  planting of crops for harvest, the seeding of grass and legumes for
grazing purposes, the protection and enhancement of wildlife and aquatic
resources, the establishment  of  recreational,  home,  commercial,  and
industrial   sites;   to  provide  for  the  conservation,  development,
utilization, management and appropriate use of all the natural resources
of such areas for compatible multiple purposes; to prevent pollution; to
protect and perpetuate the taxable value of  property;  to  protect  the
health, safety and general welfare of the people, as well as the natural
beauty and aesthetic values in the affected areas of the state.
2.  For  the  purposes  stated  herein, this title shall supersede all
other state and local laws relating to the extractive  mining  industry;
provided,  however,  that  nothing  in  this title shall be construed to
prevent any local government from:
a.  enacting  or  enforcing  local  laws  or  ordinances  of   general
applicability,  except  that  such  local  laws  or ordinances shall not
regulate  mining  and/or  reclamation  activities  regulated  by   state
statute, regulation, or permit; or
b.  enacting  or  enforcing  local  zoning  ordinances  or  laws which
determine  permissible  uses  in  zoning  districts.  Where  mining   is
designated a permissible use in a zoning district and allowed by special
use  permit,  conditions  placed  on  such  special use permits shall be
limited to the following:
(i) ingress and egress to public thoroughfares controlled by the local
government;
(ii) routing of mineral transport vehicles on roads controlled by  the
local government;
(iii) requirements and conditions as specified in the permit issued by
the  department  under  this  title  concerning  setback  from  property
boundaries and public thoroughfare  rights-of-way  natural  or  man-made
barriers  to  restrict  access,  if  required, dust control and hours of
operation,  when  such  requirements  and  conditions  are   established
pursuant to subdivision three of section 23-2711 of this title;
(iv)  enforcement  of reclamation requirements contained in mined land
reclamation permits issued by the state; or
c. enacting or enforcing local laws or ordinances regulating mining or
the reclamation of mines not required to be permitted by the state; or
d. enacting or  enforcing  local  laws  or  ordinances  requiring  the
monitoring   of   groundwater  impacts  resulting  from  mining  or  the
reclamation of mines within counties with a population of one million or
more which draw their primary source of drinking water for a majority of
county residents from a designated sole source aquifer.
3. No agency of this state shall consider an application for a  permit
to  mine  as  complete  or process such application for a permit to mine
pursuant to this title, within counties with a population of one million
or more which draw their primary source of drinking water for a majority
of county residents from a designated  sole  source  aquifer,  if  local

zoning  laws or ordinances prohibit mining uses within the area proposed
to be mined.