Sec. 133.901. DISTANCE BETWEEN PIT AND PROPERTY LINE. (a) Except as provided by Subsection (b), at the time quarrying is completed, the distance from the edge of the consolidated material of a pit that does not have lateral support to the property line of the nearest property that is not owned or leased by the operator may not be less than 50 feet.
(b) This section does not apply:
(1) to a pit if the operator and the adjacent property owner agree that the pit may be located closer to the property line;
(2) to an excavation constructed by a political subdivision to provide drainage or stormwater retention; or
(3) to a county with a population of 3.3 million or more.
Added by Acts 2001, 77th Leg., ch. 1051, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1017, Sec. 1, eff. Sept. 1, 2003.
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