HCS HB 1567 & 1602 -- GRAVEL REMOVAL AND MINING REGULATIONS

SPONSOR:  Townley

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Conservation and Natural Resources by a vote of 17 to 1.

This substitute defines "noncommercial operator" as it relates to
the removal of seasonal gravel accretion on privately owned land
not primarily used for surface mining.  Noncommercial operators
or operators performing work at the request of a property owner
can remove seasonal gravel if the mining is conducted in
accordance with guidelines established by the Department of
Natural Resources.  An operator or owner can sell or barter the
extracted materials.

The substitute changes the laws regarding the Land Reclamation
Act.  The substitute:

(1)  Clarifies that the act does not regulate the excavation of
minerals or fill dirt from construction sites;

(2)  Defines the terms "commercial purpose," "construction,"
"excavation," "fill dirt," "land improvement," "mining," "public
entity," "quarry," and "surface mining";

(3)  Specifies that the Land Reclamation Commission within the
department has no authority to regulate the excavation of
minerals or fill dirt for construction;

(4)  Utilizes the powers authorized by the substitute to promote
the reclamation of land subjected to disturbance by surface
mining and to promote and protect the health, safety, and general
welfare of the people of this state in relation to surface
mining;

(5)  Specifies that no one will be required to obtain a permit
for the purpose of moving minerals or fill dirt within the
confines of real property where excavation occurs or to remove
minerals or fill dirt from the real property as incidental to the
primary purpose of construction;

(6)  Authorizes the commission to determine whether an activity
on real property constitutes surface mining that requires a
permit.  If a permit is required, the owner of the property will
be notified by a letter stating the reasons for the
determination.  If the staff director of the commission and the
owner disagree with the findings, the owner can request a hearing
before the commission at its next regular meeting; and a written
determination will be issued within 30 calendar days.  The
determination can be appealed with the burden of proof on the
director and the commission; and

(7)  Allows additional penalties to be levied at the discretion
of the court for up to double the cumulative total of penalties
authorized for a violation of operation without a permit which
constitutes fraud and the court imposes civil penalties for the
violation.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters of HB 1567 say that the bill will help
keep erosion down by keeping the rivers flowing in their channels
and help restore fishing in Missouri streams.  Gravel accretion
lowers the water volume and removes fish habitat.

Supporters of HB 1602 say that the bill will clarify definitions
regarding excavation of minerals or fill dirt for the purpose of
construction by making it clear that this does not pertain to
mining.  Contractors will not be required to have a mining permit
which slows down the construction process and makes it too costly
to build.

Testifying for HB 1567 were Representatives Townley and Kuessner;
Ray Cunio; Missouri Farm Bureau; and Robert McQuerry.  Testifying
for HB 1602 were Representative St. Onge; Association of General
Contractors of Missouri; Twehous Excavation Company Incorporated;
Missouri Limestone Producers Association; and Land Reclamation
Commission.

OPPONENTS:  Those who oppose HB 1567 say that all gravel
operations need to be permitted so the Department of Natural
Resources can track what happens to the river and study the
consequences.  Removal of gravel in rivers can affect aquatic
life and put excessive silt in the river.  Currently, landowners
can remove gravel from rivers that run through their land for
their own personal use.

Testifying against HB 1567 were Missouri Chapter of the American
Fisheries Society; Department of Natural Resources; Sierra Club;
and Ozark Fly Fishers.

Marc Webb, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am