New York State Local Technical Assistance Program

We have been digging from our material pit for years, do we need a mining permit?

According to the NYSDEC the Mined Land Reclamation Program applies to “all excavations from which greater than 1,000 tons, or greater than 750 cubic yards, whichever is less, of mineral(s) are removed, or proposed to be removed, during 12 consecutive months.” If the least of these values is exceeded, then a mining permit and the associated fee are required. According to the NYSDEC, this is the equivalent of 40 to 50 10-wheeled dump truck loads.

Depending on the location and the excavation proximity to any water bodies or the high water table, additional regulations may apply. More information regarding the requirements and limitations of this permit is available from the NYSDEC. Whether a permit is needed or not, it is a good idea to implement these concepts to “provide wise and efficient use of the resources available, assure that the lands are reclaimed for productive use, and prevent pollution.”


NYSDEC Mined Land Reclamation Program Applicant's Guide

Mine Permit Application & Instructions (PDF)

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