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So people are aware, there is a law in the state of Utah making exploring mines illegal, under certain conditions. In this thread, we are going to break the law down to its details, so you are aware of the loopholes and can legally enter mine sites.
76-6-206.1. Criminal trespass of abandoned or inactive mines -- Penalty.
(1) For purposes of this section:
(a) "Abandoned or inactive mine" means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry.
(b) "Enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass of an abandoned or inactive mine if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
(a) the person intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine; or
(b) intentionally and without authority removes, destroys, or tampers with any warning sign, covering, fencing, or other method of protection from entry placed on, around, or over any mine shaft, mine portal, or other abandoned or inactive mining excavation property.
(3) A violation of Subsection (2)(a) is a class B misdemeanor.
(4) A violation of Subsection (2)(b) is a class A misdemeanor.
[hr:fbb75db223]
Let me break this down so it makes more sense:
(a) "Abandoned or inactive mine" means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry.
See the attached photo for an example of clearly marked. In order for this law to have any bearing, these sites must be marked with a sign such as that.
(2) A person is guilty of criminal trespass of an abandoned or inactive mine if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-20
This would mean the site is administered privately or by BLM, falls under the above code (not marked), and we knowingly trespassed.
(a) the person intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine;
Basically restating what was written above, i.e. weren't forced in.
(b) intentionally and without authority removes, destroys, or tampers with any warning sign, covering, fencing, or other method of protection from entry placed on, around, or over any mine shaft, mine portal, or other abandoned or inactive mining excavation property.
Meaning we would have to intentionally remove that which is clearly designed to keep people out. Read all the ANDS as required. Not only must you intentionally (not accidentally) remove a sign barrier, but you must do so without authority. Getting permission from landowners would make this law null and void and inapplicable.
[hr:fbb75db223]
So how does one with a passion for mine exploration legally access these sites?
1) Stick with us. We frequently visit sites under permission of the land owner. When privately owned and we have permission, DOGM can do nothing to keep us out. Trespass is negated whenever you have permission to be there.
2) Find sites that have not been clearly market as dangerous. According the the above law, this would mean sites without signs, fences, etc. If the site is not clearly marked, your are completely legal to enter these locations.
Maximum fines for class b is in range of $900, for class A it is the same as a DUI citation $1850 plus a 75% surcharge so essentially abround $4K. Bs can be legally up to 6 months in jail, with As it is 1 year.
Remember DOGM has no police authority and cannot issue a citation themselves. BLM could, on BLM land, because their rangers ARE deputized...
Long range, or maybe even short range solutions would be to get MOUs (memos of undestanding) in place as a Non profit with NPS, BLM, DOGM, USFS, State of Utah, etc so that exploration will not result in trespass charges. Getting permission from landowners, or making it a habit only to enter mines not clearly marked, is the best strategy. And even IF clearly marked, owner permission will negate this law...
Bottom line, always better to get permission, but without it, its still pretty much almost the same as ordinary trespass. Trespass is usually charged with the landowner's consent to charge you, and rarely can someone claim or allege trespass without the "owner" swearing out a complaint against you. But this law is DOGM's effort to try to gain power to charge someone without the owner's having to swear out a complaint.
MOST IMPORTANT!
Do what you can to fight this law. It is statistically unnecessary. This law turns honest, law-abiding citizens into criminals and trespassers just so DOGM can protect their closures and continue justifying the spending of federal funds. Help us obtain further legal access to these sites by writing your legislature against this law!
76-6-206.1. Criminal trespass of abandoned or inactive mines -- Penalty.
(1) For purposes of this section:
(a) "Abandoned or inactive mine" means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry.
(b) "Enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass of an abandoned or inactive mine if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
(a) the person intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine; or
(b) intentionally and without authority removes, destroys, or tampers with any warning sign, covering, fencing, or other method of protection from entry placed on, around, or over any mine shaft, mine portal, or other abandoned or inactive mining excavation property.
(3) A violation of Subsection (2)(a) is a class B misdemeanor.
(4) A violation of Subsection (2)(b) is a class A misdemeanor.
[hr:fbb75db223]
Let me break this down so it makes more sense:
(a) "Abandoned or inactive mine" means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry.
See the attached photo for an example of clearly marked. In order for this law to have any bearing, these sites must be marked with a sign such as that.
(2) A person is guilty of criminal trespass of an abandoned or inactive mine if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-20
This would mean the site is administered privately or by BLM, falls under the above code (not marked), and we knowingly trespassed.
(a) the person intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine;
Basically restating what was written above, i.e. weren't forced in.
(b) intentionally and without authority removes, destroys, or tampers with any warning sign, covering, fencing, or other method of protection from entry placed on, around, or over any mine shaft, mine portal, or other abandoned or inactive mining excavation property.
Meaning we would have to intentionally remove that which is clearly designed to keep people out. Read all the ANDS as required. Not only must you intentionally (not accidentally) remove a sign barrier, but you must do so without authority. Getting permission from landowners would make this law null and void and inapplicable.
[hr:fbb75db223]
So how does one with a passion for mine exploration legally access these sites?
1) Stick with us. We frequently visit sites under permission of the land owner. When privately owned and we have permission, DOGM can do nothing to keep us out. Trespass is negated whenever you have permission to be there.
2) Find sites that have not been clearly market as dangerous. According the the above law, this would mean sites without signs, fences, etc. If the site is not clearly marked, your are completely legal to enter these locations.
Maximum fines for class b is in range of $900, for class A it is the same as a DUI citation $1850 plus a 75% surcharge so essentially abround $4K. Bs can be legally up to 6 months in jail, with As it is 1 year.
Remember DOGM has no police authority and cannot issue a citation themselves. BLM could, on BLM land, because their rangers ARE deputized...
Long range, or maybe even short range solutions would be to get MOUs (memos of undestanding) in place as a Non profit with NPS, BLM, DOGM, USFS, State of Utah, etc so that exploration will not result in trespass charges. Getting permission from landowners, or making it a habit only to enter mines not clearly marked, is the best strategy. And even IF clearly marked, owner permission will negate this law...
Bottom line, always better to get permission, but without it, its still pretty much almost the same as ordinary trespass. Trespass is usually charged with the landowner's consent to charge you, and rarely can someone claim or allege trespass without the "owner" swearing out a complaint against you. But this law is DOGM's effort to try to gain power to charge someone without the owner's having to swear out a complaint.
MOST IMPORTANT!
Do what you can to fight this law. It is statistically unnecessary. This law turns honest, law-abiding citizens into criminals and trespassers just so DOGM can protect their closures and continue justifying the spending of federal funds. Help us obtain further legal access to these sites by writing your legislature against this law!
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