Added by Stats. 1975, Ch. 1131.
This chapter shall be known and may be cited as the Surface Mining and Reclamation Act of 1975.
Article 1 - General Provisions
California Public Resources Code — §§ 2710-2719
Sections (12)
Amended by Stats. 2011, Ch. 218, Sec. 1. (AB 566) Effective January 1, 2012.
(a)The Legislature hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the state and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
(b)The Legislature further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
(c)The Legislature further finds that surface mining
takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly.
(d)The Legislature further finds that the production and development of local mineral resources that help maintain a strong economy and that are necessary to build the state’s infrastructure are vital to reducing transportation emissions that result from the distribution of hundreds of millions of tons of construction aggregates that are used annually in building and maintaining the state.
(e)The Legislature further finds and recognizes the need of the state to provide local governments, metropolitan planning organizations, and other relevant planning
agencies with the information necessary to identify and protect mineral resources within general plans.
(f)The Legislature further finds that the state’s mineral resources are vital, finite, and important natural resources and the responsible protection and development of these mineral resources is vital to a sustainable California.
Added by Stats. 1975, Ch. 1131.
It is the intent of the Legislature to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that:
(a)Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.
(b)The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.
(c)Residual hazards to the public health and safety are eliminated.
Added by Stats. 1975, Ch. 1131.
It is not the intent of the Legislature by the enactment of this chapter to take private property for public use without payment of just compensation in violation of the California and United States Constitutions.
Amended by Stats. 2021, Ch. 166, Sec. 1. (AB 442) Effective January 1, 2022.
This chapter does not apply to any of the following activities:
(a)Excavations or grading of lands conducted for farming.
(b)Onsite excavation and onsite earthmoving activities that are integral and necessary for the construction of structures and that are undertaken to prepare a site for the construction of those structures, including landscaping or other land improvements associated with those structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:
(1)All required permits for the
construction and any associated landscaping or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(2)The lead agency’s approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(3)The approved construction project is consistent with the general plan or zoning of the site.
(4)Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that
construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.
(c)Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:
(1)The plant site is located on lands designated for industrial or commercial uses in the applicable county or city general plan.
(2)The plant site is located on lands zoned as industrial or commercial or are contained within a zoning category intended exclusively for industrial activities by the applicable city or county.
(3)None of the minerals being processed are being
extracted onsite.
(4)All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.
(d)Prospecting for or the extraction of minerals for commercial purposes where the removal of overburden or mineral product totals less than 1,000 cubic yards in any one location and the total surface area disturbed is less than one acre.
(e)Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.
(f)Any other surface mining operations that the board determines to be of an infrequent nature and that involve only minor surface disturbances.
(g)The solar evaporation of seawater or bay water for the production of salt and related minerals.
(h)Emergency excavations or grading conducted by the Department of Water Resources or the Central Valley Flood Protection Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.
(i)(1) Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Central Valley Flood Protection Board for the purpose
of flood control, if the Department of Water Resources adopts, after submission to and consultation with, the Division of Mine Reclamation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the board adopted pursuant to this chapter. The Department of Water Resources shall provide an annual report to the department by the date specified by the department on these surface mining operations.
(2)Nothing in this subdivision shall require the Department of Water Resources or the Central Valley Flood Protection Board to obtain a permit or secure approval of a reclamation plan from any city or county in order to conduct surface mining operations specified in paragraph (1). Nothing in this subdivision shall preclude the bringing of an enforcement action pursuant to Section 2774.1, if it is determined that an operator, acting under contract with the
Department of Water Resources or the Central Valley Flood Protection Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Central Valley Flood Protection Board, is otherwise not in compliance with this chapter.
(j)Emergency excavations or grading conducted by the Metropolitan Water District of Southern California for its own operations and infrastructure for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.
(k)(1) Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity.
This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes.
(2)This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Title 14 of the California Code of Regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and postclosure uses in consultation with the Department of Forestry and Fire Protection.
(l)Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to
and necessary for ongoing operations for the extraction of oil or gas that comply with all of the following conditions:
(1)The operations are being conducted in accordance with Division 3 (commencing with Section 3000).
(2)The operations are consistent with any general plan or zoning applicable to the site.
(3)The earthmoving activities are within oil or gas field properties under a common owner or operator.
(4)No excavated materials are sold for commercial purposes.
(m)(1) The immediate excavation or grading of lands affected by a natural disaster for the purpose of restoring those lands to their prior condition.
(2)The immediate removal of material deposited by a flood onto lands being farmed for the purpose of restoring those lands to their prior condition.
Amended by Stats. 1980, Ch. 800, Sec. 1. Effective July 28, 1980.
No provision of this chapter or any ruling, requirement, or policy of the board is a limitation on any of the following:
(a)On the police power of any city or county or on the power of any city or county to declare, prohibit, and abate nuisances.
(b)On the power of the Attorney General, at the request of the board, or upon his own motion, to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance.
(c)On the power of any state agency in the enforcement or administration of any provision of law which it is specifically authorized or required to enforce or administer.
(d)On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in Part 3 (commencing with Section 3479) of Division 4 of the Civil Code or for any other private relief.
(e)On the power of any lead agency to adopt policies, standards, or regulations imposing additional requirements on any person if the requirements do not prevent the person from complying with the provisions of this chapter.
(f)On the power of any city or county to regulate the use of buildings, structures, and land as between industry, business, residences, open space (including agriculture, recreation, the enjoyment of scenic beauty, and the use of natural resources), and other purposes.
Amended by Stats. 2017, Ch. 521, Sec. 29. (SB 809) Effective January 1, 2018.
(a)The Cache Creek Resource Management Plan, in conjunction with a site specific plan deemed consistent by the lead agency with the Cache Creek Resource Management Plan, shall be considered to be a functional equivalent of a reclamation plan for the purposes of this chapter. No other reclamation plan shall be required to be reviewed and approved for any excavation project subject to the Cache Creek Resource Management Plan that is conducted in conformance with an approved site specific plan that is consistent with the Cache Creek Resource Management Plan and the standards specified in that plan governing erosion control, channel stabilization, habitat restoration, flood control, or infrastructure maintenance, if that plan is reviewed and
approved by a lead agency pursuant to this chapter.
(b)For the purposes of this section, the board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented shall prepare and file an annual report required to be prepared pursuant to Section 2207, indicating the quantity of minerals produced. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented shall be exempt from the payment of annual reporting fees imposed pursuant to paragraph (1) of subdivision (d) of Section 2207. An operator, acting under the authority of the Cache Creek Resource Management Plan, shall include in the operator’s annual report required pursuant to Section 2207 the quantity of materials produced and shall be responsible for payment of annual fees associated with the
quantity of minerals produced.
(c)Nothing in this section precludes an enforcement action by the board or the Division of Mine Reclamation brought pursuant to this chapter or Section 2207 if the lead agency or the supervisor determines that an operator, acting under the authority of the Cache Creek Resource Management Plan, is not in compliance with the requirements of this chapter or Section 2207.
(d)For purposes of this section, “site specific plan” means an individual project plan approved by the lead agency that is consistent with the Cache Creek Resource Management Plan. Site specific plans prepared in conformance with the Cache Creek Resource Management Plan shall include, at a minimum, the information required pursuant to subdivision (c) of Section 2772, shall comply
with the requirements of Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and shall be provided along with a financial assurance cost estimate to the Division of Mine Reclamation for review and comment pursuant to Section 2772.1 or 2773.4, as applicable. Notwithstanding the number of days authorized by subdivision (b) of Section 2772.1 or subdivision (c) of Section 2773.4, the Division of Mine Reclamation shall review the site specific plan and the financial assurance cost estimate and prepare any written comments within 15 days from the date of receipt of the plan and the estimate.
(e)Prior to engaging in an excavation activity in conformance with the Cache Creek Resource Management Plan, a surface mining operation shall be required to obtain financial
assurances that meet the requirements of Section 2773.1. Release of financial assurances shall comply with Section 2773.1 and the provisions of Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
Amended by Stats. 2025, Ch. 270, Sec. 1. (AB 580) Effective January 1, 2026. Repealed as of January 1, 2041, by its own provisions.
(a)For purposes of this section, the following definitions apply:
(1)“Metropolitan Water District” means the Metropolitan Water District of Southern California.
(2)“Metropolitan Reclamation Plan” means a master reclamation plan that may be approved pursuant to this section for all surface mining operations conducted by the Metropolitan Water District within the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura. The master reclamation plan shall identify each individual surface mining operation and satisfy all reclamation plan requirements for each individual surface mining site.
(b)Unless otherwise provided in this section, the requirements of this chapter, Section 2207, and Chapter 8 (commencing with Section 3500) of Division 2 of Title 14 of the California Code of Regulations shall apply to surface mining operations conducted by the Metropolitan Water District within the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura.
(c)The board shall act as the lead agency pursuant to this chapter and Section 2207 for surface mining operations conducted by the Metropolitan Water District.
(d)In addition to any other requirements in statute or regulation, the Metropolitan Reclamation Plan shall include both of the following:
(1)A map that identifies the location of each individual surface mining operation conducted on lands Metropolitan Water District owns or leases, or upon which easements or rights-of-way have been granted to the Metropolitan Water District.
(2)Maintenance measures that become effective when any individual surface mining operation is idle or the site has no mineral production. Maintenance measures shall maintain the site in compliance with this chapter while the surface mining operation is idle or the site has no mineral production.
(e)The Metropolitan Reclamation Plan is exempt from the requirements of subdivision (h) of Section 2770, except that financial assurances required by Section 2773.1 shall remain in effect during any idle period.
(f)Notwithstanding subdivision (b) of Section 2774, the board may conduct an inspection of an individual surface mining operation once every two calendar years during a period when that individual surface mining operation is idle or the site has no mineral production.
(g)(1) In the annual report required pursuant to Section 2207, the Metropolitan Water District shall provide a separate subreport for each individual surface mining operation that provides the information and documentation required in that section.
(2)The Metropolitan Water District shall pay an annual reporting fee pursuant to subdivision (d) of Section 2207.
(3)The
board, in its role as the lead agency, may collect reasonable inspection costs pursuant to subdivision (f) of this section, and paragraph (1) of subdivision (b) of Section 2774 and, excluding Section 3696.5 of Title 14 of the California Code of Regulations, may impose an administration fee pursuant to subdivision (e) of Section 2207 in an amount not to exceed the board’s reasonable costs in carrying out this chapter.
(h)Notwithstanding any other law, the Metropolitan Water District shall not be required to secure approval of a reclamation plan from any city or county or obtain a use permit from any city or county under this chapter to conduct the operations under the approved Metropolitan Reclamation Plan.
(i)The Metropolitan Water District shall not sell or allow any materials
produced by its surface mining operations from lands it owns, leases, or upon which easements or rights-of-way have been granted to be sold or used for the benefit of any other person.
(j)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), the Metropolitan Water District shall be the lead agency for any environmental review of the Metropolitan Reclamation Plan.
(k)This section shall remain in effect only until January 1, 2041, and as of that date is repealed.
Amended by Stats. 2017, Ch. 521, Sec. 30. (SB 809) Effective January 1, 2018.
(a)Any interested person may commence an action on his or her own behalf against the board, the lead agency, the State Geologist, the supervisor, or the director for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure to compel the board, the State Geologist, the supervisor, or the director to carry out any duty imposed upon them pursuant to this chapter.
(b)For purposes of this section, “person” means an individual, firm, association, corporation, organization, or partnership, or a city, county, district, or the state or any department or agency of the
state.
Amended by Stats. 2019, Ch. 497, Sec. 214. (AB 991) Effective January 1, 2020.
(a)Notwithstanding Section 10231.5 of the Government Code, the board shall submit to the Legislature on December 1 of each year a report on the actions taken pursuant to this chapter during the preceding fiscal year. The report shall include a statement of the actions, including legislative recommendations, that are necessary to carry out more completely the purposes and requirements of this chapter.
(b)For purposes of ensuring compliance with Sections 10295.5 and 20676 of the Public Contract Code, the Division of Mine Reclamation shall, at a minimum, quarterly publish in the California Regulatory Notice Register, or otherwise make available upon request to the Department of General Services or any other state or local agency, a list identifying all surface mining
operations subject to this chapter and Section 2207 that are reporting as newly permitted, active, or idle, for which all of the following apply:
(1)A reclamation plan has been approved.
(2)A financial assurance mechanism that is at least equal to the current approved financial assurance cost estimate, as described in Section 2736, has been approved.
(3)A financial assurance cost estimate required under Section 2773.4 has been submitted, as indicated on a notice of completion of inspection submitted by the lead agency pursuant to subdivision (b) of Section 2774. Operators may also confirm submission of their annual financial assurance cost estimate as required by subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 2773.4 by providing a copy of the first page of the financial assurance cost
estimate (FACE-1) form to the supervisor.
(4)The annual report required under Section 2207 has been submitted.
(5)All fees required under Section 2207, including all past-due fees, administrative penalties, and interest have been paid.
(6)The operation is not out of compliance with an order to comply or stipulated order to comply.
(c)Notwithstanding paragraphs (1) and (2) of subdivision (b), surface mining operations for which an appeal is pending before the board pursuant to subdivision (e) of Section 2770, if the appeal was not pending before the board for more than 180 days, shall be included on the list published pursuant to subdivision (b).
(d)A report submitted pursuant to
subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
Added by Stats. 1975, Ch. 1131.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Added by Stats. 1992, Ch. 1066, Sec. 1. Effective January 1, 1993.
Notwithstanding any other provision of law, neither the state nor any county, city, district, or other political subdivision shall be exempt from any fee imposed upon a mining operation pursuant to subdivision (d) of Section 2207.