(a) If a city or county requires restoration security pursuant to Government Code section 51191.3(b)(3) and section 3111(a) of this article, the city or county shall determine what type, and the amount, of financial assurances or financial instruments the landowner shall provide to ensure that restoration of the easement land is performed in accordance with the approved soil management plan and Government Code section 51191.3(b)(3).

(b) For term easements and self-renewing easements, “restoration security” shall mean an instrument, fund, or other form of financial assurance as required by Government Code 51191.3(c) and 3111(b) and (c), and may take the form of any one or a combination of the following, which the city or county determines are adequate to perform restoration in accordance with Government Code section 51191.3(c) and the approved soil management plan:

(c) If restoration security is required, the amount of the restoration security shall be that amount of money sufficient to cover restoration costs as that term is defined in section 3111(c) of this article. The city or county shall submit a copy of the proposed restoration security and the documentation relied upon in calculating the amount of the proposed restoration security to the Department. The Department may review, comment, and make recommendations upon the proposed restoration security amount and documentation.

(d) Restoration security shall constitute an obligation to pay by the landowner.