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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1979 By: Logan
AS INTRODUCED
An Act relating to the Department of Mines; creating
the Mining and Blasting Residential Protection Act;
providing short title; defining terms; establishing
criteria for certain permit; requiring certain
notification; stating applicability; authorizing
promulgation of rules; requiring certain cessation;
authorizing certain penalties; providing for
noncodification; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Mining and
Blasting Residential Protection Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9.2 of Title 45, unless there is
created a duplication in numbering, reads as follows:
A. For the purposes of this section:
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1. “Blasting operation” means the use of explosives associated
with mining pursuant to the provisions of Title 45 of the Oklahoma
Statutes and rules of the Department of Mines;
2. “Buffer zone” means the horizontal distance measured in a
straight line at the surface between a mining or blasting operation
and the boundary of a residence, residentially zoned property, or
protected structure;
3. “Mining operation” means mineral extraction and surface
mining;
4. “Protected structure” includes a:
a. church,
b. hospital,
c. licensed daycare facility,
d. public or private school,
e. nursing home or skilled nursing facility, and
f. residence not owned by the mining or blasting permit
holder;
5. “Residence” means a home occupied by the owner or a tenant
and not owned by a mining or blasting permit holder; and
6. “Residentially zoned property” means land zoned as AG-R, R-
3, any RES classification, or other similar classification for
residential use.
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B. 1. A new mining permit or expansion shall not be authorized
for surface mining, excavation, or blasting within eight hundred
(800) feet of any residence or residentially zoned property.
2. A mining or blasting permit shall not be authorized for
mining or blasting operations within eight hundred (800) feet of any
protected structure.
3. The Department of Mines shall not issue a new permit or
approve an expansion unless the applicant demonstrates compliance
with paragraphs 1 and 2 of this subsection.
C. A mining operation permit shall include a:
1. Map identifying all residentially zoned properties and
protected structures within eight hundred (800) feet of the proposed
mining or blasting operation area; and
2. Clear depiction of the required eight-hundred-foot buffer
zone.
A blasting operation permit shall include the requirements in
paragraphs 1 and 2 of this subsection as well as a blasting plan
that demonstrates buffer zone compliance pursuant to rules
promulgated by the Department of Mines.
D. 1. In order to obtain a permit for a mining or blasting
operation, the applicant shall post signs and mail notices, pursuant
to paragraph 2 of this subsection, of the proposed mining or
blasting operation. The signs and letters shall be required for
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initial zoning, rezoning, special exception, conditional use, or
similar requests and for final mining permits. The signs shall:
a. be posted along all public roads adjacent to the
proposed permit area,
b. be no less than four (4) square feet in size with
lettering at least two (2) inches tall, and
c. state the name of the applicant, the type of
application, and contact information for the
Department of Mines for the purposes of public comment
inquiries.
2. Notices shall be sent by mail to any address that lies
within the buffer zone of intent to make an application for
rezoning, special exception, or other application to the Department
of Mines forty-five (45) days in advance of such application
submission.
3. The provisions of this subsection shall not apply to current
mining operations with valid permits unless the applicant is filing
an amendment or expansion request.
E. The Department of Mines shall promulgate rules to effectuate
the provisions of this section. If an applicant operates within the
buffer zone without a permit as required by this section, the
Department shall issue a cessation order until compliance is
restored. Permit suspension or revocation and civil penalties may
be imposed for violations of this section.
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SECTION 3. This act shall become effective November 1, 2026.
60-2-2994 CN 1/15/2026 9:23:45 AM