Md. Code Regs. 26.20.10.05

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

Section 26.20.10.05 - Submission of Valid Existing Rights Determination

A. A person that intends to conduct surface coal mining operations on the basis of valid existing rights under Regulation .02 of this chapter shall submit a request for a valid existing rights determination to the Bureau. This request may be submitted before preparing and submitting an application for a permit for the land.

B. A request for a valid existing rights determination that relies on the good faith/all permits standard or the needed for and adjacent standard in Regulation .01B(7)(a)(ii) of this chapter shall provide a property rights demonstration. The demonstration shall include:

(1) A legal description of the land to which the request pertains;

(2) Complete documentation of the character and extent of the requestor's current interests in the surface and mineral estates of the land to which the request pertains;

(3) A complete chain of title for the surface and mineral estates of the land to which the request pertains;

(4) A description of the nature and effect of each title instrument that forms the basis of the request, including any provision pertaining to the type or method of mining or mining-related surface disturbances and facilities;

(5) A description of the type and extent of surface coal mining operations that the requestor claims the right to conduct, including the method of mining, any mining-related surface activities and facilities, and an explanation of how these operations would be consistent with State property law;

(6) Complete documentation of the nature and ownership, as of the date that the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, of all property rights for the surface and mineral estates of the land to which the request pertains;

(7) Names and addresses of the current owners of the surface and mineral estates of the land to which the request pertains;

(8) Documentation that, if the coal interests have been severed from other property interests, the owners of other property interests in the land to which the request pertains have been notified and provided an opportunity to comment on the validity of the property rights claimed in the request within 30 days of the notice; and

(9) Any comments received in response to the notification required by §B(8) of this regulation.

C. A request for a valid existing rights determination that relies on the good faith/all permits standard in Regulation .01B(7)(a)(ii) of this chapter shall contain:

(1) All of the information required by §B of this regulation;

(2) Approval and issuance dates and identification numbers for any permits, licenses, and authorizations that were obtained before the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter;

(3) Application dates and identification numbers for any permits, licenses, and authorizations for which applications were submitted before the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter; and

(4) An explanation of any other good faith effort made to obtain the necessary permits, licenses, and authorizations as of the date that the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter.

D. A request for a valid existing rights determination that relies upon the needed for and adjacent standard in Regulation .01B(7)(a)(ii) of this chapter shall contain:

(1) All of the information required by §B of this regulation; and

(2) An explanation of how and why the land is needed for and immediately adjacent to the operation upon which the request is based, including the demonstration required by Regulation .01-1 of this chapter that prohibiting expansion of the operation onto the land would unfairly impact the viability of the operation as originally planned before the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter.

E. A request for a valid existing rights determination that relies upon one of the standards for roads in Regulation .01B(7)(b) of this chapter shall contain satisfactory documentation that:

(1) The road existed when the land on which it is located came under the protection of Environment Article, § 15-505(b)(2), or Regulation .02 of this chapter, and the requestor has a legal right to use the road for surface coal mining operations;

(2) A properly recorded right-of-way or easement for a road in that location 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 any subsequent conveyances the requestor has a legal right to use or construct a road across that right-of-way or easement to conduct surface coal mining operations; or

(3) 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.

Md. Code Regs. 26.20.10.05

Regulation .05 adopted effective February 12, 2007 (34:3 Md. R. 301)