2013 - 2014 LEGISLATURE
SENATE AMENDMENT 10,
TO SENATE BILL 1
February 5, 2013 - Offered by Senator Tiffany.
77.105 of the statutes is created to read:
677.105 Ferrous mining. (1)
The department may not issue an order of 7
withdrawal under s. 77.10 (1) based on the cutting of timber or other forest crops or 8
other activities on forest cropland if all of the following requirements are met:
(a) The cutting or activity is necessary to engage in bulk sampling, as defined 10
in s. 295.41 (7).
(b) The area that will be affected by the cutting or the activity does not exceed 12
(c) A bulk sampling plan has been filed with the department under s. 295.45 2
and all approvals that are required for bulk sampling have been issued by the 3
(d) The revegetation plan that is part of the bulk sampling plan described under 5
par. (c) includes forestry practices that will ensure that the timber, forest crops, and 6
other vegetation that will be cut or otherwise affected will be restored to the greatest 7
The requirement under sub. (1) (d) does not apply to forest cropland that 9
is within a mining site described in a preapplication notification under s. 295.465 or 10
in an application for a ferrous mining permit under s. 295.58.
77.883 of the statutes is created to read:
1277.883 Ferrous mining. (1)
The department may not issue an order of 13
withdrawal under s. 77.88 (1) based on the cutting of timber or other activities on 14
managed forest land if all of the following requirements are met:
(a) The cutting or activity is necessary to engage in bulk sampling, as defined 16
in s. 295.41 (7).
(b) The area that will be affected by the cutting or the activity does not exceed 18
(c) A bulk sampling plan has been filed with the department under s. 295.45 20
and all approvals that are required for bulk sampling have been issued by the 21
(d) The revegetation plan that is part of the bulk sampling plan described under 23
par. (c) includes forestry practices that will ensure that the merchantable timber and 24
other vegetation that will be cut or otherwise affected will be restored to the greatest 25
The requirement under sub. (1) (d) does not apply to managed forest land 2
that is within a mining site described in a preapplication notification under s. 3
295.465 or in an application for a mining permit under s. 295.58.
Section 77.86 (1) (c) and (d) do not apply to cutting of timber or another 5
activity on managed forest land if all of the requirements in sub. (1) (a) to (d) are 6
73. Page 47, line 4
: delete ", or leased
by the generator" and substitute "or leased 8
by the generator or on which the generator holds an easement
"(b) "Approval" does not include a permit, license, certification, contract, or 16
other authorization related to the construction of any new plant, equipment, 17
property, or facility for the production, transmission, delivery, or furnishing of 18
"7. Archaeological sites.".
112. Page 131, line 25
: after "approval." insert "The department shall publish 2
the notice on its Internet site not more than 10 days after the application is 3
considered to be complete under sub. (8) (b) 1.".
413. Page 133, line 20
: after "sub. (2)" insert "or more than 60 days after that 5
day but in time to allow the application to be considered at the public informational 6
hearing for the mining permit under sub. (5)".
"(b) 1. If an applicant files an application for an approval other than a mining 10
permit too late to allow the application to be considered at the public informational 11
hearing for the mining permit under sub. (5) but before the department issues the 12
decision to grant or deny the application for the mining permit, the application for 13
the approval is considered to be complete on the 30th day after the department 14
receives the application, unless, before that day, the department provides the 15
applicant with written notification that the application is not complete, stating the 16
reason for the determination and describing the specific information necessary to 17
make the application complete. If the department provides such a notice, the 18
applicant shall supplement the application by providing the specified information. 19
The application is considered to be complete when the applicant provides the 20
2. Except as provided in subd. 3., the department shall approve the application 22
for an approval described in subd. 1., and issue the approval, or deny the application 23
after the separate public informational hearing for the approval required under sub.
(5) and no later than 75 days after the application for the approval is considered to 2
be complete under subd. 1.
3. Except as provided in par. (c), the department shall approve or deny the 4
application for an approval described in subd. 1. that is an individual permit for 5
which federal law requires the opportunity for public comment or the ability to 6
request a public hearing prior to issuance of the approval after the separate public 7
informational hearing required for the approval under sub. (5) and no later than 180 8
days after the application is considered to be complete under subd. 1.".
1016. Page 134, line 21
: after "any approval" insert "for which the application 11
is filed before the department issues the decision to grant or deny the application for 12
the mining permit".
"(b) The provisions of ss. 295.58 (5) and (6) and 295.77 concerning review of 15
department decisions and the duration of department decisions apply to any 16
approval for which the application is filed after the department issues the mining 17
permit, notwithstanding any provisions related to those matters in s. 44.40 or 18
169.25, subch. I or VI of ch. 77, ch. 23, 29, 30, 31, 169, 281, 283, 285, 289, or 291, or 19
rules promulgated under those provisions, except as provided in s. 281.343 (7r).".
2119. Page 135, line 14
: delete lines 14 to 16 and substitute "requirements of any 22
municipal floodplain zoning ordinance applicable to the proposed mining under s. 23
295.607 (3) to the extent that the ordinance has not been made inapplicable to the 24
proposed mining by a local agreement under s. 295.443 (1m).".
Subsections (2) to (11) do not apply to a wetland individual 3
permit or other approval that requires a wetland impact evaluation if the operator 4
files the application for the wetland individual permit or other approval after the 5
department issues the mining permit for the mining operation.".
822. Page 150, line 6
: after "wetland" insert "or for any other approval for which 9
a wetland impact evaluation for a federal wetland is required".