December 2003

Missouri Chapter - American Fisheries Society    Est. 1965

Proposed Sand and Gravel Mining Rules

Continue to Forge Through

Rulemaking Process

Missouri citizens, agencies, and lawmakers continue to grapple with regulation of in-stream sand and gravel mining.  In the past, we reported that regulation was being proposed on two fronts, proposed state rules, and Senate Bill 36.  MOAFS and allies in Trout Unlimited, Ozark Flyfishers,  Stream Teams, the Sierra Club, and other individuals and groups fought hard to put in place reasonable state rules and to kill SB36, which would have eliminated most rules.  These efforts, together with a much-appreciated filibuster of SB36 by Senate minority leader Ken Jacob, were successful in achieving our goals – for the present.  Although Senate Bill 36 did not pass during the last session, proponents have stated that they will introduce similar legislation in the upcoming session.  Comments from AFS members as citizens, especially to their legislators, on the regulation of in-stream sand and gravel mining have made, and can continue to make a huge difference.  Members of the Missouri state House and Senate have now been made aware of the existence of our professional society and our availability as a source of scientific information.

Proposed State Rules

The proposed rules for sand and gravel mining in streams are still "in-process" on the road to becoming final, "in play" rules.  After two years of discussion, public meetings, and comments, on May 22, 2003 , the Land Reclamation Commission formulated their recommended wording for the proposed rules (http://www.dnr.state.mo.us/alpd/lrp/LRCAdopedS&GRules.pdf).  However, this is just the beginning in the long rulemaking process.  Specific comments voiced on many sides of the issue can be reviewed in the minutes from the May commission meeting (pages 4-13) at: http://www.dnr.state.mo.us/alpd/lrp/Minutes/Minutes5-22-03.pdf   In late September 2003, the proposed rules were approved by the Department of Natural Resources’ (DNR) Office of Administration to continue on in the rulemaking process.  

DNR administration is waiting for a review by the state Attorney General’s Office (AGO) on whether or not the proposed rules might constitute “a taking.”  [NOTE:  An owner of real property has suffered a taking when he/she has been called upon to sacrifice all economically beneficial uses in the name of the common good (e.g., in supporting government regulations), leaving the property economically idle.]  The proposed rules will next be sent to the Executive Team for Administrative Rules (made up of the directors of five state agencies) who will have 30 days to comment after receipt. 

The next step, assuming the AGO has rendered their opinion on the takings issue by then, is for the proposed rules to be delivered to the Joint Committee on Administrative Rules (JCAR), (http://www.senate.state.mo.us/03info/comm/statutory/admrul.htm) who have 30 days to review and comment, the Secretary of State's Office, and the state Office of Administration.  Assuming no problems arise during the review by JCAR, the proposed rules will be published in the Missouri Register.  Once published there will be a 90-day open public comment period.  This is when citizens will have their next opportunity to comment on the proposed rules.  Information on this issue may be obtained by contacting the Land Reclamation Program (within DNR) directly at 573/751-4041.