Md. Code Regs. 26.20.10.01

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.20.10.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Cemetery" means any area of land where human bodies are interred.

(2) "Community or institutional building" means any structure, other than a public building or an occupied dwelling, which:

(a) Is used primarily for meetings, gatherings, or functions of local civic organizations or other community groups;

(b) Functions as an educational, cultural, historic, religious, scientific, correctional, mental health, or physical health care facility; or

(c) Is used for public services, including but not limited to water supply, power generation, or sewage treatment.

(3) "Occupied dwelling" means any building that is currently being used on a regular or temporary basis for human habitation.

(4) "Public building" means any structure that is owned or leased by a government agency and used principally for public business, meetings, or other group gatherings.

(5) "Public park" means an area dedicated or designated by any federal, State, or local agency for public recreational use, whether this use is limited to certain times or days, including any land leased, reserved, or held open to the public because of that use.

(6) "Public road" means any thoroughfare open to the public which has been, and is being used by the public for vehicular travel, and which is maintained by a government agency.

(7) Valid Existing Rights.

(a) "Valid existing rights" means, except for haul roads:

(i) Those property rights in existence at the time the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, that were created by a legally binding conveyance, lease, deed, contract, or other document which authorizes the applicant to produce coal by a surface coal mining operation; and

(ii) The person proposing to conduct surface coal mining operations on the land had obtained all permits and other authorizations required to conduct surface coal mining operations or had made a good faith effort to obtain all necessary permits and authorizations to conduct the operations on the land that came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, and at a minimum had submitted an application for any permit required under this subtitle, or can demonstrate to the Bureau that the coal land is needed for and immediately adjacent to a surface coal mining operation for which all permits and other authorizations had been obtained, or a good faith attempt to obtain all permits and authorizations had been made, before the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter.

(b) "Valid existing rights" means, for haul roads:

(i) A properly recorded right-of-way or easement for a road in that location which existed when the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, and under the document creating the right-of-way or easement, and under subsequent conveyances, the person has a legal right to use or construct a road across the right-of-way or easement for surface coal mining operations;

(ii) Any road in existence when the land upon which it is located came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, and the person has a legal right to use the road for surface coal mining operations;

(iii) A valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter; or

(iv) Valid existing rights exist under §B(7)(a) of this regulation.

(c) Interpretation of the terms of the document relied upon to establish valid existing rights shall be based either upon applicable State case law concerning interpretation of documents conveying mineral rights or, if no applicable State case law exists, upon the usage and custom at the time and place that it came into existence and upon a showing by the applicant that the parties to the document actually contemplated a right to conduct the same underground or surface mining activities for which the applicant claims a valid existing right.

(d) "Valid existing rights" does not mean mere expectation of a right to conduct surface coal mining operations, or the right to conduct underground coal mining. Examples of rights which alone do not constitute valid existing rights include but are not limited to coal exploration permits or licenses, applications, or bids for leases.

Md. Code Regs. 26.20.10.01

Regulations .01 were previously codified as COMAR 08.13.09.10 a A_C, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.
Regulation .01B amended effective February 12, 2007 (34:3 Md. R. 301)