San Bernardino County supervisors on Tuesday postponed a vote on a sweeping rewrite of the county’s surface mining rules, sending the ordinance back to staff for more public outreach and possible language changes after two dozen residents and environmental advocates packed the chambers in opposition.
The board continued the public hearing on the Surface Mining and Reclamation Ordinance to Oct. 20, following nearly an hour of testimony from residents of communities that included Yucca Valley, Wonder Valley, Joshua Tree and Twentynine Palms who argued the update would surrender local oversight of mining on federal land.
“This has been terribly communicated to the public,” said Supervisor Jesse Armendarez, who urged staff to do more public outreach before the item returns to the board.
Several public commenters pointed to a single provision in the proposed revision, Section 88.03.040(b), which states a county permit “shall not be required” for mining operations that already hold federal authorization.
Dan Walsh, the county’s chief engineering geologist, told the board the language simply codifies a 1992 agreement between California and federal agencies and does not reduce the county’s authority.
“This ordinance update … does not reduce the county’s ability to enforce violations or maintain adequate financial assurances for reclamation, but rather it codifies the more structured processes currently being used by county staff,” Walsh said.
He added that “enforcement has been transformed into a comprehensive framework that includes notices of violation, orders to comply, administrative penalties, appeals and remedies for public health and safety concerns.”
Residents and conservation groups disagreed. Speakers from the Center for Biological Diversity, Earthworks, the National Parks Conservation Association and the Mojave Desert Land Trust argued the provision could let mining projects bypass California’s stricter environmental review, known as CEQA, in favor of weaker federal standards.
One speaker told the board that “a mining operation with federal authorization could proceed without a county permit,” calling it “a bigger deal than is being acknowledged.”
Walsh countered that the county regulates more than 85 active surface mines and that the update, last revised in 2007, strengthens enforcement, financial assurances and reclamation requirements. He warned that failing to update the ordinance could cause the State Mining and Geology Board to strip the county of its lead-agency role entirely.
Supervisor Paul Cook said he would vote against the ordinance, citing the unforgiving conditions of the Mojave Desert and the area’s role as a military training ground.
“I’m not prepared to vote for this,” Cook said. “I think we need more conversations”.
Board Chair Dawn Rowe, who led the push to continue the item, said staff should return with answers to the specific questions residents raised and any clarifying language that can be added without rewriting the state-federal agreement.
The AI platform Civilio assisted this report.
