82-4-310. Exemption -- scale and type of activity. (1) This part does not apply to a person engaged in mining activities if that person does not:
     (a) use motorized excavating equipment;
     (b) use blasting agents;
     (c) disturb more than 100 square feet or 50 cubic yards of material per site;
     (d) leave unreclaimed sites that are less than 1 mile apart;
     (e) use a suction dredge with an intake of more than 4 inches in diameter; or
     (f) operate a suction dredge beyond the area of the stream bed that is naturally under water at the time of operation.
     (2) This part does not apply to a person who, on land owned or controlled by that person, allows other persons to engage in mining activities if those activities cumulatively meet the requirements of subsection (1).

     History: En. Sec. 24, Ch. 252, L. 1971; R.C.M. 1947, 50-1224; amd. Sec. 3, Ch. 272, L. 1997.