2022 Colorado Code
Title 34 - Mineral Resources
Article 24 - Duties and Responsibilities of Operator
§ 34-24-110. Abandoned Mine to Be Covered - Penalty

1. [ Editor's note: This version of subsection (1) is effective until March 1, 2022.] Every abandoned or inactive mine endangering the life of man or beast shall be securely covered or fenced. It is the duty of the operator of such mine, upon the abandonment or cessation of operations therein or thereon, to securely cover or fence the same and post a "No Trespassing" sign bearing the name and address of the owner or operator. Anyone failing to securely cover or fence such mine or any person removing such fence or covering without permission of the operator, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed three hundred dollars. Such fine when assessed and paid shall be distributed as follows: Seventy-five percent to the office of active and inactive mines to be used to cover or fence mines which are dangerous to man or beast; twenty-five percent to the general fund of the state.

   (1) [ Editor's note: This version of subsection (1) is effective March 1, 2022. ] Every abandoned or inactive mine endangering the life of man or beast shall be securely covered or fenced. It is the duty of the operator of such mine, upon the abandonment or cessation of operations therein or thereon, to securely cover or fence the same and post a "No Trespassing" sign bearing the name and address of the owner or operator. Anyone failing to securely cover or fence such mine or any person removing such fence or covering without permission of the operator commits a civil infraction. Such fine when assessed and paid shall be distributed as follows: Seventy-five percent to the office of active and inactive mines to be used to cover or fence mines that are dangerous to man or beast; twenty-five percent to the general fund of the state.

2. In the case of any abandoned mine or any inactive mine where the owner or operator is unknown or cannot be found, the office of active and inactive mines has the right to erect a sign across or near the entrance of any such mine prohibiting the trespassing by any person, except as provided in section 34-24-112, into the mine and warning any trespasser that any such trespasser will be prosecuted and subject to the penalty provided for in subsection (3) of this section.
3. [ Editor's note: This version of subsection (3) is effective until March 1, 2022.] It is unlawful for any person to trespass into any mine. Any person so trespassing is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for not more than ten days, or by both such fine and imprisonment.

   (3) [ Editor's note: This version of subsection (3) is effective March 1, 2022. ] It is unlawful for any person to trespass into any mine. Any person so trespassing commits a petty offense.

4. This provision shall not conflict with the requirements placed on those mines regulated by the mined land reclamation board or office of mined land reclamation pursuant to the provisions of articles 32 and 33 of this title.

Source: L. 88: Entire article R&RE, p. 1197, § 5, effective July 1. L. 92: Entire section amended, p. 1936, § 29, effective July 1. L. 2021: (1) and (3) amended, (SB 21-271), ch. 462, p. 3274, § 606, effective March 1, 2022.

1. This section is similar to former § 34-47-121 as it existed prior to 1988.
2. Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.