The amendments to the New York State Mined Land Reclamation Law preserve and recognize the authority of municipalities to absolutely prohibit mining in zoning districts. However, these amendments grant the New York State Department of Environmental Conservation (DEC) exclusive authority to regulate the reclamation of mined lands in addition to the preexisting DEC exclusive authority to regulate mining. Moreover, while the amendments preserve the rights of municipalities to authorize mining as a special use in certain zoning districts, municipalities have been severely limited in the conditions which may be imposed upon mining by the special use permit. The amendments also require the chief administrative officer of the municipality to participate in the DEC permitting process in order to impose certain of these conditions by special use permit.

A commercial extraction of topsoil, sand, gravel or stone, other than mining, shall be permitted by special use permit.

Mining in the M-R District may be permitted by special use permit upon those conditions set forth in § 23-2703, Subdivision 2b of the Mined Land Reclamation Law, which conditions include:

The Supervisor of the Town of Concord, as the chief administrative officer, is hereby authorized to participate in the review by the DEC of any application for a mining permit, including but not limited to making a determination as set forth in § 23-2711, Subdivision 3, of the New York State Environmental Conservation Law, in regard to the following: