Mining Ordinance Update Project
Most local mining ordinances were last certified by the State Mining and Geology Board (Board) during the 1990's. In 2017, state mining law (the Surface Mining and Reclamation Act (SMARA)) was substantially updated as a result of Assembly Bill 1142 (Grey) and Senate Bill 209 (Pavely). The Board updated the “Mining Ordinance Guidance Document" in September of 2023, which provides local government assistance in maintaining a comprehensive local mining ordinance. Following approval of the guidance, the Board directed staff to develop a collaborative program to engage local governments to update local ordinances to the required current standards.
Background
The Legislature imbued local governments with the primary responsibility to regulate mining operations within their jurisdiction. As such, Cities and Counties are required to adopt mining ordinances in accordance with state policy prior to approving the entitlements to operate a surface mining operation. 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. The mining ordinances should also include aspects addressing inspections, enforcement, and record keeping.
Why Do Lead Agencies Need to Update Their Ordinances?
Local mining ordinances must be periodically reviewed and revised as necessary to ensure that they continue to be in accordance with state mining law.
Board Certified mining ordinances are important for several reasons. Well-crafted mining ordinances provide a foundation for an effective local mining enforcement program by integrating the basic elements of state mining law into existing local government's ordinances. This provides a measure of transparency to the public so that they may participate in the regulatory efforts of their local government and a measure of regulatory certainty and clarity to operators. It also ensures that local governments retain control over the conduct of surface mining and reclamation of mined lands within their jurisdiction.
Mining Ordinance Update Process
Review Order
Board staff developed a review order based on geographical location and number of mines within each lead agency’s jurisdiction.
The review order can be found below. This list will be updated as the project progresses. Lead agencies are welcome to volunteer at any time during the update project which would likely alter the review order.
Lead Agency Resources
Mining Ordinance Guidance Document
This Guidance Document includes both recommended guidance and model language that local agencies can utilize in developing their own mining ordinances. 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. However, 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.
Existing Mining Ordinances
Statutes and Regulations
Project Progression
The progress of the Mining Ordinance Update Project can be tracked on the Mining Ordinance Project Status page. It will be updated as ordinances are submitted for review and certification by the Board.
QUESTIONS?
