Section 23-2703. Declaration of policy

1. The legislature hereby declares that it is the policy of this state
  to  foster  and  encourage  the development of an economically sound and
  stable mining industry, and the orderly development of domestic  mineral
  resources  and  reserves  necessary  to  assure satisfaction of economic
  needs compatible with  sound  environmental  management  practices.  The
  legislature  further  declares  it  to  be  the  policy of this state to
  provide  for  the  management  and  planning  for  the  use   of   these
  non-renewable natural resources and to provide, in conjunction with such
  mining  operations,  for  reclamation  of  affected  lands; to encourage
  productive use including but not restricted to the planting of  forests,
  the  planting of crops for harvest, the seeding of grass and legumes for
  grazing purposes, the protection and enhancement of wildlife and aquatic
  resources, the establishment  of  recreational,  home,  commercial,  and
  industrial   sites;   to  provide  for  the  conservation,  development,
  utilization, management and appropriate use of all the natural resources
  of such areas for compatible multiple purposes; to prevent pollution; to
  protect and perpetuate the taxable value of  property;  to  protect  the
  health, safety and general welfare of the people, as well as the natural
  beauty and aesthetic values in the affected areas of the state.
    2.  For  the  purposes  stated  herein, this title shall supersede all
  other state and local laws relating to the extractive  mining  industry;
  provided,  however,  that  nothing  in  this title shall be construed to
  prevent any local government from:
    a.  enacting  or  enforcing  local  laws  or  ordinances  of   general
  applicability,  except  that  such  local  laws  or ordinances shall not
  regulate  mining  and/or  reclamation  activities  regulated  by   state
  statute, regulation, or permit; or
    b.  enacting  or  enforcing  local  zoning  ordinances  or  laws which
  determine  permissible  uses  in  zoning  districts.  Where  mining   is
  designated a permissible use in a zoning district and allowed by special
  use  permit,  conditions  placed  on  such  special use permits shall be
  limited to the following:
    (i) ingress and egress to public thoroughfares controlled by the local
  government;
    (ii) routing of mineral transport vehicles on roads controlled by  the
  local government;
    (iii) requirements and conditions as specified in the permit issued by
  the  department  under  this  title  concerning  setback  from  property
  boundaries and public thoroughfare  rights-of-way  natural  or  man-made
  barriers  to  restrict  access,  if  required, dust control and hours of
  operation,  when  such  requirements  and  conditions  are   established
  pursuant to subdivision three of section 23-2711 of this title;
    (iv)  enforcement  of reclamation requirements contained in mined land
  reclamation permits issued by the state; or
    c. enacting or enforcing local laws or ordinances regulating mining or
  the reclamation of mines not required to be permitted by the state.
    3. No agency of this state shall consider an application for a  permit
  to  mine  as  complete  or process such application for a permit to mine
  pursuant to this title, within counties with a population of one million
  or more which draws its primary source of drinking water for a  majority
  of  county  residents  from  a  designated sole source aquifer, if local
  zoning laws or ordinances prohibit mining uses within the area  proposed
  to be mined.