San Bernardino County supervisors hold hearing on mining ordinance rewrite, put off decision to Oct. 20
After 22 people spoke Aug. 18, the Board of Supervisors closed the public hearing on a repeal and reenactment of the county's surface mining and reclamation rules and continued the item on a 5-0 vote.
San Bernardino County supervisors did not act Aug. 18 on a proposed rewrite of the county's surface mining rules, instead continuing the item to Oct. 20.
The board opened and closed a public hearing on Item 76 (file 14728). The record of action lists 22 public speakers.
The motion to continue passed 5-0. Supervisor Joe Baca Jr. made it and Supervisor Curt Hagman seconded. The clerk's record describes the action as a continued closed hearing.
The record does not summarize what the speakers said or give a reason for the delay.
What the ordinance would do
The proposal would repeal and reenact Chapter 88.03 of the county development code, which governs surface mining and land reclamation, according to the Land Use Services Department staff report. It would apply countywide.
Staff wrote that the purpose is to align local rules with changes the Legislature has made to the state Surface Mining and Reclamation Act of 1975, known as SMARA. The county chapter has not had a substantive amendment since 2007, the report says.
Under state law, cities and counties that have surface mines within their boundaries must adopt a mining ordinance that complies with SMARA, according to the report. The State Mining and Geology Board certifies those ordinances before they take effect.
The report says the county's SMARA jurisdiction takes in more than 85 surface mines at different stages, from development to reclamation.
Changes described by staff
The draft adds a definitions section and expands provisions on federal lands and areas where more than one agency has jurisdiction, the report says.
It lays out a more detailed process for vested rights determinations, covering what an application must include, standards of evidence and hearing procedures.
Financial assurance rules, which cover the estimated cost of reclaiming a mine, would get what the report calls "more rigorous standards" for calculating and reviewing those estimates.
The enforcement section would be replaced with a framework of violation notices, compliance orders, administrative penalties and appeals.
New sections address amendments to permits and reclamation plans and renewable energy generation on reclaimed mining land.
The staff report says the county "is not proposing any changes that are more stringent than SMARA."
How it got here
County staff met in November 2023 with mine operators and the California Construction and Industrial Materials Association and later worked with the association on an initial draft, the report says.
The state mining board reviewed that draft at its Nov. 20, 2025, meeting and had no comments, according to the report.
The county Planning Commission recommended approval July 9 on a 4-0 vote with one commissioner absent.
Staff recommended that the board find the ordinance exempt from the California Environmental Quality Act and adopt it the same day it was introduced.