North Dakota Century Code Title 38. Mining and Gas and Oil Production § 38-14.1-05. Areas unsuitable for all or certain surface coal mining operations

a. Be incompatible with existing state or local land use plans or programs;

b. Affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems;

c. Affect renewable resource lands in which such operations could result in a substantial loss or reduction of productivity of long-range water supply or food or fiber products, and such lands include aquifers and aquifer recharge areas; or

d. Affect natural hazard lands in which such operations could substantially endanger life and property, and such lands include areas subject to frequent flooding and areas of unstable geology.

a. The potential coal or commercial leonardite resources of the area;

b. The demand for coal or commercial leonardite resources; and

c. The impact of such designation on the environment, the economy, and the supply of coal or commercial leonardite.