Friday, October 31, 2008

Lincoln County mining ordinance urged To protect Lincoln County's natural resources and the health and safety of its residents, an ordinance regulating mining exploration and excavation should be approved, proponents argued last week. Steve Sugarman with the law firm of Belin & Sugarman, which specializes in public lands and water issues, said the U.S. Supreme Court already established the right of counties to impose conditions and regulations on mining operations on federal land, as long as they are not prohibitive. Speaking to county commissioners last week on behalf of Friends of the Capitans, he cited a New Mexico Appeals Court decision that specifically called on counties to regulate development issues tied to mining and not covered by federal or state law, such as traffic, noise, dust, compatibility to adjacent land use and the effect on surrounding property values. He presented ordinances less voluminous than Santa Fe's approach that were passed in Washoe County, Nev., and Mono County, Calif., for use as possible models on which to base an ordinance for Lincoln County. In a 4-1 vote with Commissioner Jackie Powell casting the lone negative, commissioners approved a motion by Commissioner Eileen Lovelace Sedillo instructing County Manager Tom Stewart and County Attorney Alan Morel to begin the process of developing an ordinance. A special meeting will be called, if needed, to issue a request for proposals as a first step. The ordinance would protect private property rights and would not exclude mining, only regulate it....

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