REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 20, 2026
FROM
MIGUEL FIGUEROA, Director, Land Use Services Department
SUBJECT
Title
Surface Mining and Reclamation Ordinance
End
RECOMMENDATION(S)
Recommendation
PUBLIC HEARING CLOSED AND CONTINUED FROM TUESDAY, AUGUST 18, 2026, ITEM NO. 76
1. Conduct a public hearing to consider the proposed ordinance to repeal and reenact local surface mining and land reclamation regulations.
2. Find that the proposed ordinance is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
3. Adopt the findings recommended by the Planning Commission for approval of the proposed ordinance.
4. Make alterations, if necessary, to the proposed ordinance.
5. Approve introduction of the proposed ordinance.
• An ordinance of San Bernardino County, State of California, to repeal and reenact Chapter 88.03 of Division 8 of Title 8 of the San Bernardino County Code, relating to Surface Mining and Land Reclamation.
6. ADOPT ORDINANCE.
7. Direct the Land Use Services Department to:
a. File a Notice of Exemption in accordance with the California Environmental Quality Act.
b. Provide written notice and a copy of the ordinance to the State Mining and Geology Board in accordance with the Surface Mining and Reclamation Act.
(Presenter: Miguel Figueroa, Director, 387-4431)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Create, Maintain and Grow Employment Opportunities and Economic Value in the County.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary Funding (Net County Cost). Adequate appropriation and revenue to complete this action have been included in the Land Use Services Department (LUS), Planning Division 2026-27 budget.
BACKGROUND INFORMATIONS
This item was continued from the August 18, 2026 (Item No. 76), Board of Supervisors (Board) meeting and consists of a proposed ordinance to repeal and reenact Chapter 88.03 of Division 8 of Title 8 of the San Bernardino County Code relating to local surface mining and land reclamation regulations (Development Code Amendment or Proposed Ordinance). The purpose of the Development Code Amendment is to bring the County’s local surface mining and reclamation ordinance into alignment with legislative changes to the Surface Mining and Reclamation Act of 1975 (SMARA, Public Resources Code sections 2710-2796.5) and would apply countywide.
The Development Code Amendment was developed following stakeholder coordination and review by the State Mining and Geology Board (SMGB) and includes comprehensive updates to Chapter 88.03 governing the County’s administration of surface mining and reclamation requirements under SMARA. Chapter 88.03 was last certified in 1999 and was subsequently amended by the County in 2007 through Ordinance No. 4011. Since that time, SMARA has undergone various legislative reforms affecting vested rights determinations, financial assurances, inspections, idle mines, and enforcement.
The Proposed Ordinance updates Chapter 88.03 for consistency with State law and provides clearer local procedures for permitting, reclamation plans, financial assurances, inspections, idle mines, vested-rights determination, and enforcement. It also addresses areas not covered by the existing ordinance, including the reuse of mined lands for renewable energy and State certification requirements. If the County does not maintain an ordinance consistent with SMARA, SMGB has authority under State law to review the County’s compliance and, under certain circumstances, assume SMARA responsibilities that would otherwise be administered locally. Adopting the updated ordinance helps preserve local administration and oversight of surface mining and reclamation activities while ensuring that the County’s procedures are consistent with current State law. It also gives County staff clearly defined local authority and procedures for matters such as reclamation plans, financial assurances, inspections, idle mines, vested-rights determinations, and enforcement.
The Planning Commission considered the Development Code Amendment on July 9, 2026 (Item No. 3) and, by a vote of 4-0-1 (Fourth District Commissioner absent) recommended approval by the Board.
At its August 18, 2026, meeting, the Board conducted a public hearing on the Development Code Amendment and received public testimony. The discussion focused primarily on the application of the proposed regulations to mining operations on federal lands, coordination of County and federal permitting and environmental review requirements, and the proposed procedures for vested rights determinations, reclamation plans, and public participation. Following the discussion, the Board continued the item and directed LUS to conduct additional community outreach, respond to questions and concerns raised by the public, and evaluate potential clarifying amendments to the proposed ordinance before returning the item to the Board for further consideration at its October 20, 2026, meeting.
Following the August 18, 2026, Board meeting, LUS reviewed the comments and questions received from the public and prepared informational responses addressing the questions raised. Consistent with the Board’s direction to conduct additional outreach, LUS, in coordination with County Counsel, developed a Frequently Asked Questions (FAQ) document addressing questions and concerns raised by commenters.
LUS also conducted an additional review of the Proposed Ordinance, in coordination with County Counsel, to evaluate the issues raised and determine whether revisions or additional clarification were appropriate. Based on this review, revisions were made, where appropriate, to clarify ordinance requirements, maintain consistency with SMARA, and facilitate the County’s administration and enforcement of its surface mining and reclamation requirements. LUS specifically reviewed concerns regarding the County’s authority over surface mining operations on federal lands. The Proposed Ordinance does not transfer or relinquish County authority to the federal government. Federal agencies, including the Bureau of Land Management and U.S. Forest Service, possess independent authority over activities occurring on lands under their respective jurisdictions, while the County retains its responsibilities as the local lead agency under SMARA, including applicable responsibilities for reclamation plans, financial assurances, inspections, and enforcement. Existing State and federal agreements provide for coordination among the respective agencies and their jurisdictional responsibilities for surface mining operations on federal lands. The Proposed Ordinance recognizes and clarifies these existing authorities and responsibilities; it does not create a new transfer of authority. The revisions to the Proposed Ordinance clarify the respective County and federal roles for surface mining operations on federal lands, including that federal documents may be used only to the extent they satisfy applicable County requirements, including the California Environmental Quality Act, and that the County permit exemption for certain federally authorized mining operations does not exempt those operations from other applicable SMARA, State, or County requirements, including reclamation plans and financial assurances.
The Proposed Ordinance was revised to include the following revisions:
• Section 88.03.040 - Applicability (b) Federal Lands
Added language to clarify the County’s responsibilities for mining operations on federal lands, including compliance with applicable environmental requirements.
• Section 83.03.100 - Financial Assurances (a)(1)
Clarifies acceptable financial assurance mechanisms and requires County and State review and approval to ensure adequate funding is available to complete required mine reclamation.
On September 29, 2026, LUS electronically distributed the FAQ and the Proposed Ordinance with redline edits to individuals and organizations that had previously submitted comments, as well as interested stakeholders including the Lone Pine Canyon Protection Alliance, Friends of Wonder Valley, Morongo Basin Conservation Association, The Desert Trumpet, Mojave Desert Land Trust, Protect Music Valley, and National Parks Conservation Association. The outreach provided clarification regarding the Proposed Ordinance and an additional opportunity for stakeholders to provide input prior to the item returning the Board for consideration. LUS will continue to provide these materials to additional interested parties as requests are received.
The Proposed Ordinance is being adopted same day in accordance with Government Code section 25131 as result of following the State’s Planning and Zoning law which required the Development Code Amendment be passed after notice and public hearing. If approved, this item directs LUS to provide written notice and a copy of the ordinance to the SMGB in accordance with SMARA.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy Counsel, 387-5455) on October 8, 2026; and County Finance and Administration (Lizveth Varela, Administrative Analyst, 387-3077) on September 28, 2026.