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Okla. Stat. tit. 45, § 45-723

This is the official text of Okla. Stat. tit. 45, § 45-723, part of Oklahoma’s Stat. tit. 45, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 45,." Browse the sections below, each linked to its official government source.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

Definitions

Official statutory text

Whenever used or referred to in Sections 722 through 738 of this

title, unless a different meaning clearly appears from the context:

1. "Overburden" means all of the earth and other materials

which lie above natural deposits of minerals, and also means such

earth and other materials disturbed from their natural state in the

process of surface mining;

2. "Mine" means an underground or surface excavation and

development with or without shafts, slopes, drifts or tunnels for

the extraction of minerals, with hoisting or haulage equipment and

appliances for the extraction thereof, and shall embrace any and all

of the land or property of the plant, and the surface and

Oklahoma Statutes - Title 45. Mines and Mining Page 45

underground, that contribute directly or indirectly to the mining

properties, concentration or handling of minerals;

3. "Mining" means the extraction of minerals from natural

deposits by any method or process;

4. "Minerals" means asphalt, clay, copper, granite, gravel,

gypsum, lead, marble, salt, sand, shale, stone, tripoli, volcanic

ash and zinc, or any other substance commonly recognized as a

mineral, and includes ores or rock containing any such substances,

but excludes oil, gas and any other mineral found naturally in a

liquid or gaseous state;

5. "Underground mining" means those mining operations carried

out beneath the surface by means of shafts, slopes, tunnels or other

openings leading to the mineral being mined and the extraction of

the mineral through such shafts, slopes, tunnels or their openings;

6. "Surface mining" means those mining operations carried out

on the surface, including strip mining, auger mining, quarrying,

dredging, pumping, or the use of hydraulic methods.

Surface mining shall not include excavation or removal of shale,

sand, gravel, clay, rock or other materials in remote areas by an

owner or holder of a possessory interest in land for the primary

purpose of construction or maintenance of access roads to or on such

landowner's property. Surface mining shall not include excavations

or grading conducted for forming, on-site road construction or other

on-site construction, or the extraction of minerals other than

anthracite and bituminous coal by a landowner for noncommercial use

from land owned or leased by the landowner; nor mining for

commercial purposes conducted under a Limited Use Permit issued by

the Department; nor the extraction of sand, gravel, rock, stone,

earth or fill from borrow pits for highway construction purposes, so

long as such work is performed under a bond, contract and

specifications which substantially provide for and require

reclamation of the area affected; nor to the handling, processing or

storage of slag on the premises of a manufacturer as a part of the

manufacturing process. Surface mining shall not include the surface

mining of coal or the surface effects of underground coal mining;

7. "Strip mining" means those mining operations carried out by

removing the overburden lying above natural deposits of minerals,

and mining directly from such natural deposits thereby exposed, but

excludes auger mining, quarrying, dredging, pumping or the use of

hydraulic methods;

8. "Reclamation" means conditioning affected land to make it

suitable for any uses or purposes consistent with those enumerated

in Section 722 of this title, and to avoid, minimize or correct

adverse environmental effects of mining operations;

9. "Box cut" means the first open cut in strip mining which

results in the placing of overburden on unmined land adjacent to the

initial pit and outside the area to be mined;

Oklahoma Statutes - Title 45. Mines and Mining Page 46

10. "Consolidated material" means material of sufficient

hardness or ability to resist weathering and to inhibit erosion or

sloughing;

11. "Operator" means any person, partnership, firm or

corporation engaged in and controlling a mining operation;
f overburden on unmined land adjacent to the

initial pit and outside the area to be mined;

Oklahoma Statutes - Title 45. Mines and Mining Page 46

10. "Consolidated material" means material of sufficient

hardness or ability to resist weathering and to inhibit erosion or

sloughing;

11. "Operator" means any person, partnership, firm or

corporation engaged in and controlling a mining operation;

12. "Pit" means a tract of land from which overburden or

minerals have been or are being removed in the process of surface

mining;

13. "Affected land" means the area of land from which

overburden shall have been removed, or upon which overburden or

refuse has been deposited, or both;

14. "Refuse" means all waste material directly connected with

the production, cleaning or preparation of minerals which have been

mined by either underground or surface mining method;

15. "Ridge" means a lengthened elevation of overburden created

in the surface mining process;

16. "Peak" means a projecting point of overburden created in

the surface mining process;

17. "Department" means the office of the Chief Mine Inspector,

herein called the Department of Mines and Mining, or such

department, bureau or commission as may lawfully succeed to the

powers and duties of such department;

18. "Director" means the Chief Mine Inspector of the State of

Oklahoma or such officer, bureau or commission as may lawfully

succeed to the powers and duties of such Chief Mine Inspector;

19. "Borrow pit" means the one-time or intermittent extraction

of sand, gravel, rock, stone, earth or fill in its natural state,

not being mechanically altered to affect its size for government-

financed construction purposes. Such work shall be performed under

a bond, contract and specifications which substantially provide for

and require reclamation of the affected area; and

20. “Dimension stone quarry” means a site where natural stone

used as building material is excavated and the stones are selected,

trimmed, or cut to specified shapes or sizes.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.