Hoffman Mining Co., v. Zoning Hearing Board of Adams Twp.

The issue before the Supreme Court pertained to the Surface Mining Conservation and Reclamation Act and whether it preempted a provision in a local zoning ordinance that established a setback for mining activities from all residential structures. The zoning ordinance at issue, which was enacted by Adams Township in Cambria County after the effective date of the Surface Mining Act, permits mining activities in a district known as the Conservancy (S) District only by special exception. Hoffman Mining Company, Inc. (Hoffman Mining) sought to mine for coal on a 182.1-acre tract of land within the Adams Township Conservancy (S) District adjacent to the Village of Mine 42. Hoffman Mining requested a special exception mine which was denied by the Zoning Board. Hoffman Mining appealed to the Commonwealth Court, which affirmed the Zoning Board's denial. Upon review, the Supreme Court found that with enactment of the Surface Mining Act, the General Assembly did not expressly or impliedly preempt a local zoning ordinance that imposes a residential setback from mining activities. The Court did "not discern an intent of the General Assembly to completely deprive local zoning authorities of their MPC-enabled authority and responsibility for land use management and planning as applied to the location and siting of surface mining in their municipalities." Accordingly, the Court affirmed the order of the Commonwealth Court. View "Hoffman Mining Co., v. Zoning Hearing Board of Adams Twp." on Justia Law