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.
New Mexico Legal Code