HF2765: Mining Regulation

Expands the regulation of mining activities by addressing subsidence — the collapse, settling, or sinking of land — that occurs at or above underground mines located on public land or within public rights-of-way. The definition of "affected land" is broadened to include known or reported subsidence. A new definition of "subsidence" is added, and a new Code section (208.9A) directs the Division of Soil Conservation and Water Quality to adopt rules regulating subsidence-affected land, including reporting requirements, qualifications of professionals submitting repair plans, and timeliness of repairs. The Division must adopt emergency rules within sixty business days. Effective 6/2/2026.

Key Points & Impacts

• Amends the definition of 'affected land' in Section 208.2(2) to explicitly include a known or reported subsidence as well as processing and stockpile areas disturbed during mining.

• Adds a new definition of 'subsidence' meaning the collapse, settling, or sinking of land at or above an underground mine on public land or in a public right-of-way that is caused by mining activity.

• Explicitly excludes from 'subsidence' any naturally occurring collapse or sinking, or that resulting from geological, hydrological, seismic, environmental, or other non-mining causes.

• Creates new Code Section 208.9A requiring the Division to adopt rules regulating land affected by subsidence.

• Required rules must address reporting of subsidence, qualifications of professional engineers or other qualified persons submitting subsidence repair plans, and the timeliness of planned repairs.

• Directs the Division of Soil Conservation and Water Quality (within the Department of Agriculture and Land Stewardship) to adopt emergency rules within 60 business days of the effective date.

• Emergency rules are effective immediately upon filing unless a later date is specified, and must also be published as a notice of intended action.

• Act is deemed of immediate importance and takes effect upon enactment; penalties under Chapter 208 are made applicable to subsidence regulation violations.