§ 15-58-106 - Exempt activities. - Arkansas Statutes

15-58-106. Exempt activities.

The provisions of this chapter shall not apply to any of the following activities:

(1) The mining, surface or otherwise, of any minerals or materials other than coal. All minerals and materials other than coal shall, when applicable, be regulated according to the Arkansas Open-Cut Land Reclamation Act of 1977 (repealed);

(2) The extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her;

(3) The extraction of coal as an incidental part of federal, state, or local government-financed highway or other construction under regulations established by the Arkansas Pollution Control and Ecology Commission; or

(4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent (162/3%) of the tonnage of minerals removed for purposes of commercial use or sale or for coal exploration.