(a) The provisions of this chapter do not apply to surface mining operations which the SMGB finds are exempt from the provisions of SMARA under Public Resources Code Section 2714.
(b) Any person who has obtained a vested non-conforming right to conduct surface mining prior to January 1, 1976, shall not be required to secure a Major Use Permit as long as such vested non-conforming right continues; provided, however, that the mining operation is not in violation of any provision of this chapter, and provided further that a person who has obtained such a right to conduct surface mining prior to January 1, 1976, shall obtain approval of a Reclamation Plan for vested operations conducted after January 1, 1976. Nothing in this chapter shall be construed as requiring the filing of a Reclamation Plan for mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)