New Orleans Comprehensive Zoning Ordinance

Printed: 9/21/2023 6:24:49 PM

20.3.KK Mining and Drilling Activities

1. Mining and drilling activities shall offer reasonable protection to surrounding properties and the neighborhood, particularly in regard to the use of any residential streets for access to the site.

2. The location of such operations with respect to property lines, depth, and relation to the water table or floor criteria and the slope of the sides of any excavation shall be controlled to prevent a continuing, unsightly, hazardous, or wasteful condition of the land.

3. Petroleum, water, or mineral extraction operations, site requirements as to size, and setback requirements from the nearest existing development may be imposed as necessary to avoid any adverse effects on such adjacent development.

4. An open pit or shaft shall be at least two hundred (200) feet from any right-of-way and fifty (50) feet from any interior side and rear lot line.

5. All structures shall meet the minimum yard requirements of the district.

6. The borders of the open pit or shaft shall be screened with a solid fence or masonry wall at least ten (10) feet in height.

7. A reclamation plan in accordance with the applicable requirements of the Louisiana Surface Mining Regulations and any other governmental agency having jurisdiction thereof shall be provided as part of the conditional use application.

8. No blasting or other use of explosives is permitted unless specifically requested and authorized within the conditional use permit. Blasting shall conform to the following standards:

a. The use, handling, and detonation of explosives shall be under the direct supervision of persons having the requisite licensing, experience, and knowledge to safely conduct such operations.

b. The storage of explosives shall be in accordance with all applicable federal and state laws and regulations, and shall be stored to meet the safety requirements of such laws and regulations.

c. Blasting procedures shall be in accordance with modern techniques generally accepted in the mining and excavating industry so as to counteract and reduce the ground motion or earthborn vibration from successive detonations.

d. Blasting procedures are subject to and shall comply with the applicable lawful requirements of the Louisiana Department of Environmental Quality, Mine Enforcement and Safety Administration (MESA) of the United States Department of the Interior, the New Orleans Police Department, and any other governmental agency having jurisdiction.

e. Blasting procedures shall be in conformity with approved safety regulations, customs, and practices generally accepted in the quarrying industry, and the safety regulations of governmental agencies having jurisdiction thereof.

f. The actual detonation of any blast is restricted to the local time period between 1:00 p.m. and 4:30 p.m., Monday through Saturday of each week. No blasting is permitted on Sunday or on the following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Martin Luther King Day, Thanksgiving Day, and Christmas Day.