HCS HB 1761 -- SURFACE MINING AND EXCAVATION

SPONSOR:  Hobbs (Loehner)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Conservation and Natural Resources by a vote of 9 to 0 with 2
present.

This substitute allows a property owner or operator conducting
gravel removal at the request of a property owner for the primary
purpose of managing seasonal gravel accretion on property not
used primarily for gravel mining to remove and sell excess gravel
without a permit.  Gravel removal must be conducted from June 1
through March 14.  Property owners and operators must follow the
guidelines of the Department of Natural Resources on surface
mining and gravel removal.

Property owners are limited to selling 1,500 tons of gravel
annually per site and are required to notify the department
before any person or operator conducts gravel removal from his or
her property if the gravel is sold or intended to be sold
commercially.  The notification will expire after one year.  Any
future commercial gravel mining activities will require the
property owner to notify the department on an annual basis.

No property owner or operator will conduct gravel removal from
any site located near any building, structure, highway, road,
bridge, viaduct, water or sewer line, or pipeline or utility
line.  The distance for the prohibition will be determined by the
department.

Any person filing a complaint with the department for violations
of the provisions of the substitute must identify himself or
herself by name and telephone number; provide the date of the
violation; and provide photographs, water samples, or other
adequate proof of the violation.

FISCAL NOTE:  No impact on state funds in FY 2007, FY 2008, and
FY 2009.

PROPONENTS:  Supporters say that there is a gravel problem in
Missouri streams that is causing a decrease in aquatic life and
stream bank erosion.  The bill takes steps to clarify and rectify
problems with the state's guidelines concerning gravel excavation
and gives more practicable solutions to gravel removal from
streams.

Testifying for the bill were Representatives Loehner and
Kuessner; Department of Natural Resources; Russell Wood, Ozark
Chapter of the Property Rights Congress; Missouri Farm Bureau;
and Jim Loehner.

OPPONENTS:  Those who oppose the bill say that dredging streams
actually causes the erosion and loss of productivity of fish.
The bill will make streams and creeks susceptible to
non-permitted and unregulated gravel miners.  The solution to the
gravel problems in Missouri's streams is to let the streams
re-stabilize themselves.

Testifying against the bill were American Fisheries Society;
Karen Pruitt; Andy Pruitt; John Wenzlick, Ozark Council of Trout
Unlimited; Ozark Fly Fishers; Missouri Coalition for the
Environment; and Sierra Club.

OTHERS:  Others testifying on the bill say gravel is an important
commodity in Missouri, and citizens of the state should not have
to choose between excavating gravel and having good streams.  The
increase in gravel is certainly affecting the streams in the
state, but there does not seem to be an easy solution to the
problem.

Others testifying on the bill were Department of Agriculture;
Department of Conservation; and Vince Samson.

Kristina Jenkins, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:44 am