(a) Reason. This Board has determined that one of the most efficient and easiest methods to ensure that this County’s SMARA ordinance is written as required by State law is to “incorporate by reference” the provisions of State law. This avoids the possibility that any provision of State law will be overlooked or inadvertently misstated in this ordinance. It also avoids the need to amend this ordinance every time the State amends the State law, because those changes will, in most cases, automatically become a part of this section of the Code (however, see note below for exceptions).

NOTE: WHENEVER YOU MUST COMPLY WITH STATE OR LOCAL SMARA REGULATIONS, YOU WILL NEED TO GET A COPY OF THE STATE LAW AND REGULATIONS AND FOLLOW THOSE RULES. THIS ORDINANCE CONTAINS SOME SECTIONS IN ADDITION TO STATE LAW WHICH EXPLAIN HOW THE RULES WORK IN HUMBOLDT COUNTY. IF STATE LAW IS DIFFERENT THAN THESE LOCAL RULES, THE STATE LAW SHOULD BE FOLLOWED, UNLESS THE RULES IN THIS LOCAL ORDINANCE ARE MORE RESTRICTIVE ON MINING OPERATIONS, IN WHICH CASE THE STATE LAW SAYS THAT THE MORE RESTRICTIVE SECTIONS OF THIS ORDINANCE MUST APPLY.

(b) Incorporation of State Law and Regulations:. The County of Humboldt hereby incorporates by reference, as if fully set forth herein, the State Surface Mining and Reclamation Act of 1975, and all amendments to that Act, which are currently set forth in Public Resources Code, section 2207 and section 2710 and following. Further incorporated herein by reference are the State regulations adopted by the State to implement the Act, as amended from time to time by the State. The regulations are currently set forth in Title 14 of the California Code of Regulations at sections 3500 and following, section 3700 and following (“reclamation standards”), and section 3800 and following (“financial assurances”), and are also referred to in this ordinance as the “state regulations”. Any reference in this ordinance to compliance with this “Chapter” also means compliance with all incorporated laws and regulations. Some provisions of state law are restated in this ordinance, and some are not. State law and regulations apply to mining operations, whether or not those laws and regulations are restated herein. (Ord. 2117, 5/28/1996)