The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
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This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
27-974 - Preservation and conservation of soil; exceptions
27-974. Preservation and conservation of soil; exceptions
Before creating a surface disturbance that is stated to be reclaimed by revegetation pursuant to a new mining unit reclamation plan, the owner or operator shall conserve the soil as reasonably available from the area of disturbance to support the stated revegetation on that specific disturbance as necessary to achieve the post-mining land use objectives stated in the reclamation plan unless the owner or operator demonstrates one or more of the following factors:
1. There is insufficient soil to make recovery practicable.
2. Recovery of the soil is not practicable due to limitations of topography, thickness of soil or other physical, climactic or biological constraints.
3. Direct revegetation of the disturbance, with or without soil amendments, is reasonably expected to be successful.