REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 18, 2026
FROM
MIGUEL FIGUEROA, Director, Land Use Services Department
SUBJECT
Title
Surface Mining and Reclamation Ordinance
End
RECOMMENDATION(S)
Recommendation
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: Paul Gonzales, Planning Chief, 387-4110)
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 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). 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.
SMARA requires any city or county with a surface mining operation within its jurisdiction to adopt a surface mining ordinance that is in compliance with SMARA. SMARA establishes procedures for the review and approval of reclamation plans, financial assurances, and for the issuance of permits to conduct surface mining operations. The State Mining and Geology Board (SMGB) certifies local agency mining ordinances for conformance with SMARA before they become effective (Public Resources Code section 2774.3).
The County’s local surface mining and land reclamation regulations (Chapter 88.03) were last substantively amended in 2007 and certified by the SMGB. Since that time, SMARA has undergone legislative reform in various areas that include, but are not limited to, vested rights determinations, financial assurances, inspections, idle mines, and addressing violations. The proposed ordinance is intended to update and align Chapter 88.03 with the statutory updates to SMARA and provide clarification on County processes.
An initial stakeholder meeting occurred on November 13, 2023, where County staff provided a presentation informing stakeholders of proposed updates to Chapter 88.03. Stakeholders included local mining operators and the California Construction and Industrial Materials Association (CalCIMA). LUS received comments from the mining operators requesting that CalCIMA coordinate with the County throughout the process to ensure the updates are comprehensive and incorporate all applicable changes to SMARA. Stakeholders expressed support for the update during the stakeholder meeting. LUS then collaborated with CalCIMA in the preparation of an initial draft of the Development Code Amendment. The initial draft of the Development Code Amendment was then submitted to SMGB for comments during its November 20, 2025, regular business meeting. Following discussion, the SMGB had no comments for the County’s consideration.
The Development Code Amendment represents a comprehensive repeal and reenactment of Chapter 88.03 governing surface mining and land reclamation, with the primary purpose of modernizing the County’s regulations and aligning them more closely with updates to SMARA, State regulations, and industry practices. While the overall structure and foundational concepts of the existing ordinance are retained, the updated ordinance substantially expands, reorganizes, and clarifies the regulatory framework in accordance with SMARA. The Development Code Amendment also introduces new sections that were not previously addressed, including provisions for permit and reclamation plan amendments, renewable energy generation facilities on reclaimed mining lands, and certification of the ordinance by the SMGB. Existing sections related to application processing, mineral resource protection, and financial assurances have been substantially revised to incorporate more detailed requirements, formal coordination with the State Division of Mine Reclamation, and updated cost estimation and review procedures. In particular, the financial assurance provisions now include more rigorous standards for calculating, reviewing, and adjusting reclamation cost estimates, as well as new provisions addressing financial incapability, release, and forfeiture.
Key changes include the addition of a new definitions section to establish consistent terminology; expanded applicability provisions addressing federal lands and multi-agency jurisdiction; and significantly enhanced procedures governing vested rights determination, permits, reclamation plans, financial assurances, and enforcement actions. The process for determining vested rights has been greatly expanded to include detailed application requirements, evidentiary standards, and formal hearing procedures when applicable, providing clearer guidance for both applicants and decision-makers.
Enforcement provisions have been strengthened and expanded, replacing the prior, more limited violations section with a comprehensive framework that includes notices of violation, orders to comply, administrative penalties, appeal processes, and remedies for imminent threats to public health and safety consistent with SMARA. Similarly, inspection requirements have been updated to include more stringent qualifications for inspectors, standardized reporting procedures, and enhanced coordination with State agencies. Interim management plan requirements for idle mines have also been clarified and expanded, including more detailed timelines and conditions for renewal.
Overall, the proposed changes improve clarity, consistency, and enforceability of the County’s mining regulations, while ensuring closer alignment with State law and policy on surface mining and reclamation. The Development Code Amendment introduces new policy areas, such as renewable energy reuse of mined lands and State certification requirements, while strengthening procedural rigor and oversight across all aspects of surface mining operations, from permitting and reclamation planning to enforcement and long-term site management.
Currently, there are over 85 surface mines in various stages of development and reclamation throughout the County’s SMARA jurisdiction. The County reviews and permits new mining operations, oversees the required annual inspections, and reviews financial assurance cost estimates and financial assurance mechanisms for each of the mines. Any new mine proposed in the unincorporated County is subject to the provisions of Chapter 88.03.
The San Bernardino County Code requires a recommendation from the Planning Commission for final action by the Board of Supervisors on amendments to the Development Code. The Planning Commission by a vote of 4-0-1 (4th District Commissioner absent) recommended approval of the Development Code Amendment at its regularly scheduled meeting on July 9, 2026 (Item No. 3). The Planning Commission’s recommendation and proposed findings are included within the Planning Commission Staff Report and attached as a supporting document to this item. The Planning Commission Staff Report includes a copy of the proposed ordinance recommended to the Board of Supervisors for final approval and a side-by-side comparison of the proposed changes to Chapter 88.03, including which sections have been altered, deleted, or added, as well as a summary of the substantive changes made in each section. All of the proposed changes are in accordance with SMARA, and the County is not proposing any changes that are more stringent than SMARA.
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 July 21, 2026; and County Finance and Administration (Iliana Rodriguez, Administrative Analyst, 386-8392) on July 30, 2026.