1. (a) Every person is required to obtain a permit from the Department before conducting any geothermal resource exploratory activities. The applicant for this permit must have the legal right to use the surface. The permit is obtained upon written application to the Department.
2. (b) The application shall state the intended location of exploration, give assurance of the applicant's right to use the surface for exploration, provide an exploratory work program, and provide any information requested by the Department.

3. (c) The Department may approve an application if the Department determines that:

   1. (1) The applicant is qualified to conduct exploratory work;
   2. (2) The applicant will comply with all applicable laws; and
   3. (3) The applicant's work program provides adequate protection for the natural resources of the State.
4. (d) The permit required by this section shall be in lieu of any permit required by Subtitle 5 of this title or Title 9, Subtitle 13 of this article.

Added by Acts 1978, c. 549. Amended by Acts 1982, c. 241, § 2; Acts 1987, c. 306, § 15; Acts 1988, c. 6, § 11; Acts 1990, c. 6, § 2. Renumbered from Natural Resources § 8-8A-04 and amended by Acts 1995, c. 488, §§ 1, 8, eff. July 1, 1995.