The provisions of the Surface Mining Act do not apply to the extraction of coal:
A. by a landowner for his own noncommercial use from land owned or leased by him; or
B. as an incidental part of federal, state or local government-financed highway or other construction under regulations established by the commission.
History: Laws 1979, ch. 291, § 31; 1992, ch. 18, § 1.
ANNOTATIONSCross references. — For regulation of lands affected by mining "hard rock" minerals, see Chapter 69, Article 36 NMSA 1978.
The 1992 amendment, effective May 20, 1992, deleted former Subsection B, which read: "for commercial purposes where the surface mining operation affects two acres or less"; and redesignated former Subsection C as present Subsection B.