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Home > Land Use Regulations > Mineral Resource Preservation
Mineral Resource Preservation 
 

Colorado Statutes :
TITLE 34 MINERAL RESOURCES:
34-1-305. Preservation of commercial mineral deposits for extraction.
Statute text

(1) After July 1, 1973, no board of county commissioners, governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor.

(2) After adoption of a master plan for extraction for an area under its jurisdiction, no board of county commissioners, governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area containing a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor.

(3) Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority which has control over zoning from zoning or rezoning land to permit a certain use, if said use does not permit erection of permanent structures upon, or otherwise permanently preclude the extraction of commercial mineral deposits by an extractor from, land subject to said use.

(4) Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or other governmental authority which has control over zoning from zoning for agricultural use, only, land not otherwise zoned on July 1, 1973.

(5) Nothing in this section shall be construed to prohibit a use of zoned land permissible under the zoning governing such land on July 1, 1973.

(6) Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority from acquiring property known to contain a commercial mineral deposit and using said property for a public purpose; except that such use shall not permit erection of permanent structures which would preclude permanently the extraction of commercial mineral deposits.
History

Source: L. 73: p. 1048, § 1. C.R.S. 1963: § 92-36-5. L. 75: (6) added, p. 1336, § 2, effective June 29.

Annotations

Law reviews. For article, "Severed Minerals as a Deterrent to Land Development", see 51 Den. L. J. 1 (1974).

This section does not deprive landowners of reasonable use of their property, and thus does not constitute a governmental taking. Cottonwood Farms v. Bd. of County Comm'rs, 725 P.2d 57 (Colo. App. 1986), aff'd, 763 P.2d 551 (Colo. 1988).

Local governments can permit uses compatible with mining. By zoning, rezoning, granting a variance, or other action or inaction, local governments can permit any use of land known to contain a commercial mineral deposit so long as the permitted use is not incompatible with mining, such as erecting permanent structures on this land; the preservation act does not require local governments to allow mining in any area where it is commercially practicable, but only to preserve access to the mineral deposits. C & M Sand & Gravel v. Bd. of County Comm'rs, 673 P.2d 1013 (Colo. App. 1983).

 
 
 
 
Last Updated: 3/11/2011 2:12 PM 
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