Chapter 25 — SURFACE MINING AND RECLAMATION

This Chapter is adopted to implement and supplement the California Surface Mining and Reclamation Act of 1975 (section 2710 et seq. of the Public Resources Code of the State of California), hereinafter called the "Act," and section 3500 et seq. of Title 14 of the California Administrative Code, hereinafter called the "regulations." All of the requirements of the Act and the regulations are incorporated herein by reference and shall apply as though expressly set forth herein.

This Chapter is adopted to regulate the extraction of minerals and to require plans for the reclamation of mined lands, in order to carry out the purposes set forth in sections 2711 and 2712 of the Act and to implement the mineral resources policies in the Tulare County General Plan.

The definitions set forth in section 2725 et seq. of the Act and section 3500 et seq. of the regulations shall apply throughout this Chapter.

No permit or reclamation plan shall be approved which does not comply with the zoning ordinances applicable to the property or does not comply with any other ordinance of the County which prohibits or regulates the surface mining operations proposed by the applicant.

Sorting, crushing, reducing, storage, recycling, refining, or other processing of minerals, or the operation of a truck depot or an asphalt or concrete batch plant, may be permitted through the surface mining permit approved for surface mining operations in lieu of requiring a special use permit, when such uses are found by the Planning Commission to be a reasonably necessary adjunct to the mining operations.

This Chapter applies to all land owned by any individual, firm, partnership, joint venture, association, corporation, estate or trust. In addition, it applies to any land owned by the United States and any agency of the United States, the State of California and any agency of the State, a city, and a public district or political subdivision of the State of California insofar as it is legally possible to enforce this Chapter, or any portion thereof, against such entities.

Any reference in this chapter to the permittee, applicant, owner or operator shall also be deemed

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County of Tulare, CA

LAND USE REGULATION AND PLANNING

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to include any duly authorized agents and any successors-in-interest or assigns of the permittee, applicant, owner or operator.

Reclamation plans, reports, applications, and other documents submitted to the County pursuant to this Chapter are public records unless it can be demonstrated by the applicant, operator or owner of the surface mining operation to the satisfaction of the Planning and Development Director that the release of such information, or part thereof, would reveal production, reserves or rates of depletion entitled to protection as proprietary information. Proprietary information shall be handled in accordance with section 2778 of the Act.

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County of Tulare, CA § 7-25-1085

LAND USE REGULATION AND PLANNING