2005 Idaho Code - 47-1519 — APPLICATION OF CHAPTER TO MINERAL EXTRACTION FOR PUBLIC HIGHWAY PURPOSES

                                  TITLE  47
                               MINES AND MINING
                                  CHAPTER 15
                                SURFACE MINING
    47-1519.  APPLICATION OF CHAPTER TO MINERAL EXTRACTION FOR PUBLIC HIGHWAY
PURPOSES. Notwithstanding any other provision of law to the contrary, the
bonding provisions of this chapter shall not apply to any surface mining
operations conducted by a public or governmental agency for maintenance,
repair, or construction of a public highway. Surface mining operations
conducted by a public or governmental agency for maintenance, repair, or
construction of a public highway which disturb two (2) or more acres shall
comply with the provisions of section 47-1506, Idaho Code, as though all
minerals were mined for the purpose of immediate or ultimate sale. Surface
mining operations conducted by a public or governmental agency for
maintenance, repair or construction of a public highway which disturb less
than two (2) acres are exempt from the provisions of section 47-1506, Idaho
Code. The extraction of minerals from within the right-of-way of a public
highway by a public or governmental agency for maintenance, repair or
construction of a public highway shall not be deemed surface mining operations
under this chapter, provided that the affected land is an integral part of the
public highway.