Non-Coal Program

Surface Mining and Reclamation Division

(501) 682-0807

In 1971 the Arkansas General Assembly passed Act 236 of 1971, the Arkansas Open Cut Land Reclamation Act. This Act was later modified and became known as Act 336 of 1977. Various small changes were made to this Act after its passage until 1991 when the current version of the law, Act 827 of 1991, was passed.

Act 827 of 1991, as amended, deals with the reclamation of land affected by the mining of non-coal minerals, such as bauxite, clay, sand and gravel, using open cut mining methods. An amendment to the law passed in 1995 authorized the regulation of the practice of removing sand and gravel from the beds of streams within Arkansas.  A 1999 amendment authorized the regulation of soil and shale pits with some exemptions based on the size of the pit and the distance from adjacent property lines. A 2005 amendment authorized ADEQ to develop and issue general permits.

Pursuant to Act 827 of 1991, as amended, the Pollution Control and Ecology Commission adopted Regulation 15, the Arkansas Open Cut Mining and Land Reclamation Code. These regulations provide the non-coal mining operations in the state with a set of performance standards that must be followed during mining and during the process of reclaiming the land to a beneficial use.

During the 1997 meeting of the General Assembly, Act 1166 of 1997 was passed to provide a regulatory framework for the operation, reclamation and safe closure of new stone quarries, and any land purchased or leased for a quarry in the state, after January 1, 1997.