West Virginia Code of State Rules Agency 207 - Coalfield Community Development
1. Overview of Agency 207
Agency 207 – Coalfield Community Development is a West Virginia state rule that governs how coal mining operations interact with local communities. Its main goal is to ensure that coalfield communities are considered in planning, permitting, and land use associated with mining operations.
Key purposes:
Require coal mining operators to submit a Community Impact Statement (CIS), which describes how mining will affect the local community.
Coordinate with county development authorities to integrate the CIS into broader community development and land use planning.
Ensure public notice and participation, so affected landowners and the public can comment on mining operations.
Promote long-term community development by identifying infrastructure, land use, and economic needs after mining operations are completed.
2. Key Definitions (§ 207‑1‑2)
The rule defines important terms:
Director: The official overseeing coalfield community development.
Community Impact Statement (CIS): A document prepared by the mining operator describing potential impacts on the community, including social, economic, and environmental effects.
Operator: The company or entity conducting surface coal mining.
Master Land Use Plan: A long-term plan for how mined lands and surrounding areas can be used after mining.
3. Main Provisions
A. Community Impact Statement
Mining operators must submit a CIS with permit applications.
The CIS must cover impacts on infrastructure, housing, schools, water supply, transportation, and overall community economic health.
The Office of Coalfield Community Development reviews the CIS and incorporates it into county development plans.
B. Notices and Public Participation
Operators must notify local governments, landowners, and businesses affected by mining.
Notifications must include:
Location and size of the mining operation
Duration of mining
How the CIS can be accessed
Deadline for submitting public comments (typically 30 days)
Public input is considered in finalizing community plans and land use decisions.
C. Community Assessment
After reviewing the CIS and public comments, the office:
Evaluates available land for post-mining development
Assesses infrastructure needs like water, sewage, transportation, and recreation
Identifies potential funding for community assets and economic development projects
D. Master Land Use Plan
CIS information may trigger updates to county master land use plans to account for post-mining land uses.
Plans are revised with public notice and participation.
4. Practical Effect of Agency 207
Ensures coal operators plan for community impacts before and during mining operations.
Integrates mining with long-term community and economic development.
Provides a formal process for public participation, giving citizens and local governments a voice.
Shifts focus from just reclamation to sustainable post-mining development.
5. Legal Context
While there is no widely reported case law directly interpreting Agency 207, related principles apply:
A. Administrative Law Principles
Courts give deference to agency rules if they are within the statutory authority granted by the legislature.
Agency 207 must be interpreted consistently with the statutes that created the Office of Coalfield Community Development and its authority.
B. Challenges to Mining-Related Rules
Challenges to compliance with Agency 207 would typically go through the West Virginia administrative appeal system, such as the Surface Mine Board or circuit courts.
General case law indicates that courts allow administrative agencies broad discretion in interpreting procedural rules if the procedures are followed and reasonable.
C. Related Surface Mining Litigation
In cases involving surface mining, courts have generally upheld state procedures for permit approval, requiring that citizens follow administrative appeals rather than federal court.
Key principle: State rules governing community impact and land use are enforceable if procedural requirements (notice, public comment, integration into plans) are met.
6. Summary Table
| Section | Purpose |
|---|---|
| Definitions (§ 207‑1‑2) | Clarifies key terms like CIS, operator, and master land use plan |
| Community Impact Statement | Requires mining operators to assess social, economic, and environmental impacts |
| Notices & Public Participation | Ensures affected communities are informed and can comment |
| Community Assessment | Guides county development authorities in planning infrastructure and land use |
| Master Land Use Plan | Integrates mining impacts into long-term community development |
| Legal Principles | Agency rules are enforceable; challenges go through administrative appeals; courts defer to agency interpretation if reasonable |
7. Key Takeaways
Agency 207 is a procedural rule, not a substantive environmental law — its main focus is community development and planning.
Compliance ensures mining operations are coordinated with local governments and consider post-mining community viability.
While direct case law is limited, administrative and surface mining precedent governs how disputes over compliance are resolved.
Public participation is central, giving citizens a formal role in mining and development planning.
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