How is SMARA Implemented?
City and county “lead agencies” adopt ordinances for land use permitting and reclamation procedures which provide the regulatory framework under which local mining and reclamation activities are conducted. The State Mining and Geology Board (SMGB) reviews these lead agency ordinances to determine whether each ordinance meets or exceeds the California surface mining and reclamation procedures established pursuant to SMARA. If the SMGB determines that a lead agency is not in compliance with SMARA, the SMGB has the authority to exercise any of the powers of that lead agency with respect to surface mining and reclamation, except for permitting authority. The SMGB promulgates regulations to clarify and interpret the SMARA’s provisions, and also serves as a policy and appeals board.
