2017 ORS 517.770¹
Exemptions from reclamation requirements

(1) The following mining operations are exempt from the reclamation requirements set forth in ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application):

(a) Lands within the surfaces and contours of surface mines in existence on July 1, 1972, or vertical extensions of those surfaces and contours, provided that the State Department of Geology and Mineral Industries issued a certificate of exemption to the mining operation on or before October 31, 2000.

(b) Lands within the surfaces and contours of surface mines in existence on July 1, 1972, or vertical extensions of those surfaces and contours, provided that:

(A) The surface mining operations at the site were allowed under a comparable certificate of exemption that was issued by a county and current on the date of repeal of a county zoning law or ordinance described in ORS 517.780 (Effect on county zoning laws or ordinances) (1); and

(B) The landowner or operator applies for and receives a certificate of exemption from the department. An application for a certificate of exemption must be filed with the department within 90 days after the date the county’s repeal of a zoning law or ordinance becomes effective. If the department does not approve or disapprove the application within 90 days after the date the application is filed with the department, the application will be deemed to be approved.

(c) Lands within the surfaces and contours of surface mining operations that are owned or operated by a person that, on July 1, 1972, was a party to a surface mining contract that was valid on January 1, 1971, provided that the department issued a certificate of exemption to the mining operation on or before September 20, 1985.

(2) A certificate of exemption terminates if the landowner or operator does not renew the certificate annually. [1971 c.719 §15; 1973 c.709 §1; 1975 c.724 §2; 1985 c.292 §5; 1987 c.260 §2; 1987 c.361 §§1,1a; 1999 c.492 §1; 2009 c.270 §1]

Atty. Gen. Opinions

Applicability of permit fee require­ments to landowner or operator exempted from permit require­ments, (1975) Vol 37, p 694

Notes of Decisions

Depart­ment of Geology and Mineral Industries is not vested with exclusive jurisdic­tion over environ­mental regula­tion of mining lands, for such regula­tion is centralized in Division of State Lands pursuant to [former] ORS 541.610. State ex rel Cox v. Hibbard, 31 Or App 269, 570 P2d 1190 (1977)

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities, (1972) Vol 35, p 1100

Law Review Cita­tions

29 WLR 297 (1993)

Chapter 517

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100

Law Review Cita­tions

4 EL 370 (1974)

1 Legislative Counsel Committee, CHAPTER 517—Mining and Mining Claims, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors517.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 517, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano517.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.