Yolo County Municipal Code Art. 3 Scope and Exemptions

The provisions of the Act and the Regulations, as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that where the provisions of this chapter are more restrictive than corresponding state provisions, this chapter shall prevail. (§ 2, Ord. 1276, eff. December 6, 2001)

Unless otherwise provided in this article, no person shall conduct surface mining operations within an agriculturally zoned property, unless a surface mining permit, reclamation plan, and financial assurances have been approved in accordance with this chapter, except where the subject property has an existing Sand and Gravel (SG) overlay zone and a mining permit, reclamation plan, and financial assurances approved pursuant to Chapter 4 of Title 10 of this Code. Nothing in this chapter shall be interpreted as requiring the filing of a surface mining permit and/or reclamation plan application for lands where surface mining operations were completed prior to January 1, 1976. (§ 2, Ord. 1276, eff. December 6, 2001)

This chapter shall apply only to those areas designated as agricultural lands within the Yolo County General Plan. Specifically, agricultural surface mining operations shall only be permitted within the Agricultural General (A-1), Agricultural Exclusive (A-E), Agricultural Preserve (A-P), and/or Agricultural Industrial (AGI) Zones, as defined in Articles 4, 5, 6, and 6.1 of Chapter 2 of Title 8 of this Code. The conduct of mining within the channel of Cache Creek is regulated by Chapter 3 of this title and shall not be subject to the provisions of this chapter. The conduct of commercial aggregate surface mining within the Cache Creek Area Plan, but outside the channel of Cache Creek, is regulated by Chapters 4 and 5 of this title and shall not be subject to the provisions of this chapter. (§ 2, Ord. 1276, eff. December 6, 2001)

The provisions of this chapter shall not apply to any operation where mined materials do not leave the property being excavated. This chapter shall also not apply to any operation where mined materials are transferred between parcels, if the mined materials are used for agricultural purposes (e.g., land leveling, road building, levee repair, etc.) and there is no exchange of goods and/or services for the mined materials. In addition, the provisions of this chapter shall not apply to those activities and operations that are exempted by Section 2714 of the Act and/or Section 3505.a of the Regulations.

Specifically, this chapter shall not apply to those operations conducted within the Cache Creek Settling Basin, Fremont Weir, and/or the Sacramento Weir for the purpose of cleaning out sediment materials to restore those flood control facilities to their engineered design capacity, as provided for under Section 3505.(a).(2) of the Regulations. In order to qualify for this exemption, operations may only occur where the final grade of the excavated area does not exceed the as-built approved design specifications contained the approved documents for the Cache Creek Settling Basin , Fremont Weir, and/or Sacramento Weir.

Any exemption granted from the provisions of this chapter shall not, in and of itself, exempt a project or activity from the application of other applicable regulations and requirements. (§ 2, Ord. 1276, eff. December 6, 2001)

Applications for exemptions shall be submitted to the Director for review and determination as to completeness. If the application is determined incomplete, the Director shall notify the operator in writing within thirty (30) days, specially describing the information necessary to complete the application. Upon receipt of a completed application, the Director shall determine whether the operation is exempt or is subject to the provisions of this chapter and shall submit the decision in writing to the applicant. Any person with standing may appeal the Director’s decision to the Commission, pursuant to the provisions of Article 10 of Chapter 4 of Title 10.

If the County determines that a proposed operation is subject to the provisions of this chapter, an exemption may only be granted by the State Mines and Geology Board under Section 2714 of the Act. (§ 2, Ord. 1276, eff. December 6, 2001)