SECTION 21.724. Distance Between Pit and Property Line

(a) Quarrying is considered completed when a quarry or pit is no longer an active quarry or pit under this subchapter. 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 political subdivision to provide drainage or storm water retention; or

(3) to a county with a population of 3.3 million or more.

Source Note: The provisions of this §21.724 adopted to be effective effective January 7, 2009, 34 TexReg 69