Wyo. Code R. 020-0001-2
Abandoned Mine Reclamation Program
Chapter 2: Rights of Entry for Studies, Exploration, or Reclamation
Effective Date: 12/15/2009 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0001.2.12152009
(a) All reasonable action shall be taken to obtain advance written consent, in the form required by the administrator, from the owner of record or lessee occupying the land, or their authorized agents, of the land or property to be entered.
(b) Written notice of the intent to enter shall be given at least 30 days before entry. The notice shall be mailed, return receipt requested, to the owner, if known, and shall include a statement of the reasons why entry is required by W.S. 35-11-1204(a) (West 2007). For studies or exploratory work, these reasons shall include the need to determine the existence of adverse effects of past mining practices and to determine the feasibility of reclamation. If the owner, or his current mailing address is not known, the notice shall be posted in one or more readily visible places on the property to be entered, and advertised once in a local newspaper.
(a) The Director or his designated authorized representative shall have the right to enter without consent where:
(i) Following due care and deliberation, the Director has exhausted all reasonable possibilities of obtaining written consent pursuant to the notice requirements of Section 1(b) above; or
(ii) Entry is required to investigate reported emergency conditions. All reasonable action consistent with the emergency shall be taken to notify the owner and obtain consent prior to the entry. Written notice pursuant to Section 1(b) above shall be given as soon after entry as practical.
The Director, upon completion of the reclamation work, shall execute and file with the county clerk and landowner a Certificate of Completion. The Certificate filed with the county clerk shall be for purposes of recordation. The Certificate shall include a brief factual summary of the reclamation work completed, a reference to the location of the complete file, the location of the lands reclaimed, and evidence showing that it was duly approved and executed by the Director.