§ 2763
312 words·~1 min read·
/ca/public-resources-code/2763A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If an area is designated by the board as an area of regional significance, and the lead agency either has designated that area in its general plan as having important minerals to be protected pursuant to subdivision
(a)of Section 2762, or otherwise has not yet acted pursuant to subdivision
(a)of Section 2762, then prior to permitting a use which would threaten the potential to extract minerals in that area, the lead agency shall prepare a statement specifying its reasons for permitting the proposed use, in accordance with the requirements set forth in subdivision
(d)of Section 2762. Lead agency land use decisions involving areas designated as being of regional significance shall be in accordance with the lead agency’s mineral resource management policies and shall also, in balancing mineral values against alternative land uses, consider the importance of these minerals to their market region as a whole and not just their importance to the lead agency’s area of jurisdiction.
(b)If an area is designated by the board as an area of statewide significance, and the lead agency either has designated that area in its general plan as having important minerals to be protected pursuant to subdivision
(a)of Section 2762, or otherwise has not yet acted pursuant to subdivision
(a)of Section 2762, then prior to permitting a use which would threaten the potential to extract minerals in that area, the lead agency shall prepare a statement specifying its reasons for permitting the proposed use, in accordance with the requirements set forth in subdivision
(d)of Section 2762. Lead agency land use decisions involving areas designated as being of statewide significance shall be in accordance with the lead agency’s mineral resource management policies and shall also, in balancing mineral values against alternative land uses, consider the importance of the mineral resources to the state and nation as a whole.