Pursuant to the Surface Mining and Reclamation Act of 1975, (SMARA), Public
Resources Code (PRC) Division 2, Chapter 9, Sections 2710 et seq., every City and
County lead agency (lead agency) is required to adopt mining ordinances in accordance
with state policy. Mining ordinances must establish procedures for the review and
approval of reclamation plans and financial assurances and the issuance of permits to
conduct surface mining operations. However, any lead agency without a surface mining
operation in its jurisdiction may defer adopting and implementing mining ordinances until
a permit application for mining within the jurisdiction is filed. Local mining ordinances must
be periodically reviewed and revised as necessary to ensure that they continue to be in
accordance with SMARA and its implementing regulations found at California Code of
Regulations, title 14, Division 2, Chapter 8, Subchapter 1, beginning at Section 3500.
The State Mining and Geology Board (Board) previously published suggested model
ordinance language to assist lead agencies as they prepare their mining ordinances. This
Mining Ordinance Guidance Document (guidance document) was developed by the
Board with the cooperation of the Department of Conservation's Division of Mine
Reclamation (Division). This Guidance Document includes both recommended guidance
and model language that local agencies can utilize in developing their own mining
ordinances. While this guidance document contains elements SMARA requires to be
included in mining ordinances, as well as some additional elements common to
ordinances in use statewide, it should be appropriately modified to reflect local conditions,
practices, and procedures. Local procedures for a lead agency’s implementation of
SMARA must include and meet SMARA’s requirements but may also include additional
provisions. Beyond what SMARA and its implementing regulations require, the use of this
document is not required, and any suggested additional language or format is not
mandated by law.
