This article does not apply to any of the following activities:

1. (1) The extraction of coal by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner.

2. (2) The extraction of coal as an incidental part of federal, state, or local government financed highway or other construction under rules established by the commission.

   [Pre-1995 Recodification Citation: 13-4.1-1-4.]

As added by P.L.1-1995, SEC.27.