AB1-ASA1,10,2120 (a) The cutting or activity is necessary to engage in bulk sampling, as defined
21in s. 295.41 (7).
AB1-ASA1,10,2322 (b) The area that will be affected by the cutting or the activity does not exceed
235 acres.
AB1-ASA1,11,3
1(c) A bulk sampling plan has been filed with the department under s. 295.45
2and all approvals that are required for bulk sampling have been issued by the
3department.
AB1-ASA1,11,74 (d) The revegetation plan that is part of the bulk sampling plan described under
5par. (c) includes forestry practices that will ensure that the timber, forest crops, and
6other vegetation that will be cut or otherwise affected will be restored to the greatest
7extent possible.
AB1-ASA1,11,10 8(2) The requirement under sub. (1) (d) does not apply to forest cropland that
9is within a mining site described in a preapplication notification under s. 295.465 or
10in an application for a ferrous mining permit under s. 295.58.
AB1-ASA1,41q 11Section 41q. 77.883 of the statutes is created to read:
AB1-ASA1,11,14 1277.883 Ferrous mining. (1) The department may not issue an order of
13withdrawal under s. 77.88 (1) based on the cutting of timber or other activities on
14managed forest land if all of the following requirements are met:
AB1-ASA1,11,1615 (a) The cutting or activity is necessary to engage in bulk sampling, as defined
16in s. 295.41 (7).
AB1-ASA1,11,1817 (b) The area that will be affected by the cutting or the activity does not exceed
185 acres.
AB1-ASA1,11,2119 (c) A bulk sampling plan has been filed with the department under s. 295.45
20and all approvals that are required for bulk sampling have been issued by the
21department.
AB1-ASA1,11,2522 (d) The revegetation plan that is part of the bulk sampling plan described under
23par. (c) includes forestry practices that will ensure that the merchantable timber and
24other vegetation that will be cut or otherwise affected will be restored to the greatest
25extent possible.
AB1-ASA1,12,3
1(2) The requirement under sub. (1) (d) does not apply to managed forest land
2that is within a mining site described in a preapplication notification under s.
3295.465 or in an application for a mining permit under s. 295.58.
AB1-ASA1,12,5 4(3) Section 77.86 (1) (c) and (d) do not apply to cutting of timber or another
5activity on managed forest land if all of the requirements in sub. (1) (a) to (d) are met.
AB1-ASA1,42 6Section 42. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended
7to read:
AB1-ASA1,12,168 87.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill,
9or development placed or maintained within any floodplain in violation of a zoning
10ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance
11and the creation thereof may be enjoined and maintenance thereof may be abated by
12action at suit of any municipality, the state or any citizen thereof. Any person who
13places or maintains any structure, building, fill or development within any
14floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
1561.35 or 62.23 may be fined not more than $50 for each offense. Each day during
16which such violation exists is a separate offense.
AB1-ASA1,43 17Section 43. 87.30 (2) (b) of the statutes is created to read:
AB1-ASA1,12,2218 87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or
19development placed or maintained as part of a mining operation covered by a mining
20permit under s. 295.58 except to the extent that regulation of the placement or
21maintenance of the structure, building, fill, or development is required for
22compliance with a floodplain zoning ordinance as provided under s. 295.607 (3).
AB1-ASA1,44 23Section 44. 107.001 (1) of the statutes is amended to read:
AB1-ASA1,13,524 107.001 (1) "Exploration mining lease" means any lease, option to lease, option
25to purchase or similar conveyance entered into for the purpose of determining the

1presence, location, quality or quantity of metalliferous nonferrous metallic minerals
2or for the purpose of mining, developing or extracting metalliferous nonferrous
3metallic
minerals, or both under ch. 293. Any lease, option to lease, option to
4purchase or similar conveyance entered into by a mining company is rebuttably
5presumed to be an exploration mining lease.
AB1-ASA1,45 6Section 45. 107.001 (2) of the statutes is repealed.
AB1-ASA1,46 7Section 46. 107.01 (intro.) of the statutes is amended to read:
AB1-ASA1,13,11 8107.01 Rules governing mining rights. (intro.) Where there is no contract
9between the parties or terms established by the landlord to the contrary the following
10rules and regulations shall be applied to mining contracts and leases for the digging
11of ores and nonferrous metallic minerals:
AB1-ASA1,47 12Section 47. 107.01 (2) of the statutes is amended to read:
AB1-ASA1,13,2113 107.01 (2) The discovery of a crevice or range containing ores or minerals
14nonferrous metallic minerals shall entitle the discoverer to the ores or minerals
15nonferrous metallic minerals pertaining thereto, subject to the rent due the
16discoverer's landlord, before as well as after the ores or minerals nonferrous metallic
17minerals
are separated from the freehold; but such miner shall not be entitled to
18recover any ores or minerals nonferrous metallic minerals or the value thereof from
19the person digging on the miner's range in good faith and known to be mining thereon
20until the miner shall have given notice of the miner's claim; and the miner shall be
21entitled to the ores or minerals nonferrous metallic minerals dug after such notice.
AB1-ASA1,48 22Section 48. 107.02 of the statutes is amended to read:
AB1-ASA1,14,17 23107.02 Mining statement; penalty. When there is no agreement between the
24parties to any mining lease, license or permit, to mine or remove ore nonferrous
25metallic minerals
from any lands in this state, regulating the method of reporting

1the amount of ore nonferrous metallic minerals taken, the person mining and
2removing the ore or ores nonferrous metallic minerals shall keep proper and correct
3books, and therefrom to make and deliver by or before the fifteenth day of each month
4to the lessor, owner or person entitled thereto, a detailed statement covering the
5operations of the preceding month. The statement shall show the total amount of
6tons or pounds of each kind of ore nonferrous metallic minerals produced; if sold, then
7to whom sold, giving the date of sale, date of delivery to any railroad company,
8naming the company, and the station where delivered or billed for shipment; the
9name and address of the purchaser; the price per ton at which sold and the total value
10of each kind of ore nonferrous metallic minerals so sold. The books shall be always
11open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is
12a corporation, and to any person or stockholder interested in any such mining
13operations, for the purpose of inspection and taking copies thereof or abstracts
14therefrom. Any person and every officer, agent or employee of any thereof, who
15violates this section, or who makes any false or incomplete entries on any such books
16or statements, shall be fined not less than $100 or imprisoned in the county jail for
17not more than 3 months or both.
AB1-ASA1,49 18Section 49. 107.03 of the statutes is amended to read:
AB1-ASA1,15,3 19107.03 Conflicting claims. In case of conflicting claims to a crevice or range
20bearing ores or nonferrous metallic minerals the court may continue any action to
21enforce a claim or grant any necessary time for the purpose of allowing parties to
22prove up their mines or diggings if it satisfactorily appears necessary to the ends of
23justice. In such case the court or judge may appoint a receiver and provide that the
24mines or diggings be worked under the receiver's direction, subject to the order of the
25court, in such manner as best ascertains the respective rights of the parties. The ores

1or
nonferrous metallic minerals raised by either party pending the dispute shall be
2delivered to the receiver, who may, by order of the court or judge, pay any rent or other
3necessary expenses therefrom.
AB1-ASA1,50 4Section 50. 107.04 of the statutes is amended to read:
AB1-ASA1,15,16 5107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
6disposes of any ores or nonferrous metallic minerals or mines or diggings for the
7purpose of defrauding the lessor of rent or who neglects to pay any rent on ores or
8nonferrous metallic minerals raised by the miner for 3 days after the notice thereof
9and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and
10the landlord after the concealment or after 3 days have expired from the time of
11demanding rent, may proceed against the miner to recover possession of the mines
12or diggings in circuit court as in the case of a tenant holding over after the
13termination of the lease. If a miner neglects to work his or her mines or diggings
14according to the usages of miners, without reasonable excuse, he or she shall likewise
15forfeit the mines or diggings and the landlord may proceed against the miner in like
16manner to recover possession of the mines or diggings.
AB1-ASA1,51 17Section 51. 107.11 of the statutes is amended to read:
AB1-ASA1,16,4 18107.11 Account of ore nonferrous metallic minerals received. Every
19person operating a metal recovery system and every purchaser of ores and
20nonferrous metallic minerals shall keep a substantially bound book, ruled into
21suitable columns, in which shall be entered from day to day, as ores or nonferrous
22metallic
minerals are received, the following items: the day, month and year when
23received; the name of the person from whom purchased; the name of the person by
24whom hauled and delivered; name of the owner of the land from which the ores or
25nonferrous metallic minerals were obtained, or if not known, the name of the

1diggings or some distinct description of the land. The bound book shall be kept at the
2furnace or at the usual place of business of such person or purchaser or his or her
3agent in this state, and shall be open to authorized representatives of the department
4of revenue at reasonable times for inspection and taking extracts.
AB1-ASA1,52 5Section 52. 107.12 of the statutes is amended to read:
AB1-ASA1,16,12 6107.12 Penalty. If any person operating a metal recovery system or purchaser
7of ores and nonferrous metallic minerals or the agent of any such person or purchaser
8doing business fails to keep such a book or to make such entries as required under
9s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
10or makes false entries in the book he or she shall forfeit $10 for each offense, one-half
11to the use of the prosecutor; and each day such failure or refusal continues shall be
12deemed a distinct and separate offense.
AB1-ASA1,53 13Section 53. 107.20 (1) of the statutes is amended to read:
AB1-ASA1,16,2514 107.20 (1) Any provision of an exploration mining lease entered into after April
1525, 1978, granting an option or right to determine the presence, location, quality or
16quantity of metalliferous nonferrous metallic minerals shall be limited to a term not
17exceeding 10 years from the date on which the exploration mining lease is recorded
18in the office of the register of deeds of the county where the property is located, except
19that any provision of an exploration mining lease entered into after April 25, 1978,
20granting an option or right to determine the quality and quantity of metalliferous
21nonferrous metallic minerals under a prospecting permit shall be limited to a term
22not exceeding 10 years from the date that the lessee applies for a prospecting permit
23under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
24the date on which the exploration mining lease is recorded in the office of the register
25of deeds of the county where the property is located.
AB1-ASA1,54
1Section 54. 107.20 (2) of the statutes is amended to read:
AB1-ASA1,17,62 107.20 (2) Any provision of an exploration mining lease entered into after April
325, 1978, granting an option or right to develop or extract metalliferous nonferrous
4metallic
minerals shall be limited to a term not exceeding 50 years from the date on
5which the exploration mining lease is recorded in the office of the register of deeds
6of the county where the property is located.
AB1-ASA1,55 7Section 55. 107.30 (8) of the statutes is amended to read:
AB1-ASA1,17,128 107.30 (8) "Mining" or "mining operation" has the meaning set forth in s. 293.01
9(9)
means all or part of the process involved in the mining of metallic minerals, other
10than for exploration or prospecting, including commercial extraction,
11agglomeration, beneficiation, construction of roads, removal of overburden, and the
12production of refuse
.
AB1-ASA1,56 13Section 56. 107.30 (15) of the statutes is amended to read:
AB1-ASA1,18,214 107.30 (15) "Prospecting" has the meaning set forth in s. 293.01 (18) means
15engaging in the examination of an area for the purpose of determining the quality
16and quantity of minerals, other than for exploration but including the obtaining of
17an ore sample, by such physical means as excavating, trenching, construction of
18shafts, ramps, and tunnels and other means, other than for exploration, which the
19department of natural resources, by rule, identifies, and the production of
20prospecting refuse and other associated activities. "Prospecting" does not include
21such activities when the activities are, by themselves, intended for and capable of
22commercial exploitation of the underlying ore body. The fact that prospecting
23activities and construction may have use ultimately in mining, if approved, does not
24mean that prospecting activities and construction constitute mining within the

1meaning of sub. (8), provided such activities and construction are reasonably related
2to prospecting requirements
.
AB1-ASA1,57 3Section 57. 107.30 (16) of the statutes is amended to read:
AB1-ASA1,18,64 107.30 (16) "Prospecting site" has the meaning set forth in s. 293.01 (21) means
5the lands on which prospecting is actually conducted as well as those lands on which
6physical disturbance will occur as a result of such activity
.
AB1-ASA1,58 7Section 58. 160.19 (12) of the statutes is amended to read:
AB1-ASA1,18,148 160.19 (12) The requirements in this section shall not apply to rules governing
9an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility
10regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
11293 or subch. III of ch. 295, except that the department may promulgate new rules
12or amend rules governing this type of activity, practice or facility if the department
13determines that the amendment or promulgation of rules is necessary to protect
14public health, safety or welfare.
AB1-ASA1,59 15Section 59. 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB1-ASA1,19,516 196.491 (3) (a) 3. b. Within   Except as provided under subd. 3. c., within 20
17days after the department provides a listing specified in subd. 3. a. to a person, the
18person shall apply for the permits and approvals identified in the listing. The
19department shall determine whether an application under this subd. 3. b. is complete
20and, no later than 30 days after the application is filed, notify the applicant about
21the determination. If the department determines that the application is incomplete,
22the notice shall state the reason for the determination. An applicant may
23supplement and refile an application that the department has determined to be
24incomplete. There is no limit on the number of times that an applicant may refile
25an application under this subd. 3. b. If the department fails to determine whether

1an application is complete within 30 days after the application is filed, the
2application shall be considered to be complete. The department shall complete action
3on an application under this subd. 3. b. for any permit or approval that is required
4prior to construction of a facility within 120 days after the date on which the
5application is determined or considered to be complete.
AB1-ASA1,60 6Section 60. 196.491 (3) (a) 3. c. of the statutes is created to read:
AB1-ASA1,19,107 196.491 (3) (a) 3. c. The 20-day deadline specified in subd. 3. b. for applying
8for the applicable permits and approvals specified in the listing provided by the
9department does not apply to a person proposing to construct a utility facility for
10ferrous mineral mining and processing activities governed by subch. III of ch. 295.
AB1-ASA1,61 11Section 61. 196.491 (4) (b) 2. of the statutes is amended to read:
AB1-ASA1,19,1912 196.491 (4) (b) 2. The person shows to the satisfaction of the commission that
13the person reasonably anticipates, at the time that construction of the equipment or
14facilities commences, that on each day that the equipment and facilities are in
15operation the person will consume no less than 70% of the aggregate kilowatt hours
16output from the equipment and facilities in manufacturing processes at the site
17where the equipment and facilities are located or in ferrous mineral mining and
18processing activities governed by subch. III of ch. 295 at the site where the equipment
19and facilities are located
.
AB1-ASA1,62 20Section 62. 227.483 (3) (c) of the statutes is created to read:
AB1-ASA1,19,2421 227.483 (3) (c) If the proceeding relates to mining for ferrous minerals, as
22defined in s. 295.41 (18), that the petition, claim, or defense was commenced, used,
23or continued primarily for the purpose of causing delay to an activity authorized
24under a license that is the subject of the hearing.
AB1-ASA1,64 25Section 64. 281.36 (3g) (h) 2. of the statutes is amended to read:
AB1-ASA1,20,7
1281.36 (3g) (h) 2. If, within 30 days after an application under subd. 1. is
2received by the department, the department does not either request additional
3information or inform the applicant that a wetland individual permit will be required
4as provided in par. (i), the discharge shall be considered to be authorized under the
5wetland general permit and the applicant may proceed without further notice,
6hearing, permit, or approval if the discharge is carried out in compliance with all of
7the conditions of the general permit, except as provided in s. 295.60 (3) (b).
AB1-ASA1,65 8Section 65. 281.65 (2) (a) of the statutes is amended to read:
AB1-ASA1,20,219 281.65 (2) (a) "Best management practices" means practices, techniques or
10measures, except for dredging, identified in areawide water quality management
11plans, which are determined to be effective means of preventing or reducing
12pollutants generated from nonpoint sources, or from the sediments of inland lakes
13polluted by nonpoint sources, to a level compatible with water quality objectives
14established under this section and which do not have an adverse impact on fish and
15wildlife habitat. The practices, techniques or measures include land acquisition,
16storm sewer rerouting and the removal of structures necessary to install structural
17urban best management practices, facilities for the handling and treatment of
18milkhouse wastewater, repair of fences built using grants under this section and
19measures to prevent or reduce pollutants generated from mine tailings disposal sites
20for which the department has not approved a plan of operation under s. 289.30 or s.
21295.51
.
AB1-ASA1,66 22Section 66. 281.75 (17) (b) of the statutes is amended to read:
AB1-ASA1,20,2423 281.75 (17) (b) This section does not apply to contamination which is
24compensable under subch. II of ch. 107 or s. 293.65 (4) or 295.61 (8).
AB1-ASA1,67 25Section 67. 283.84 (3m) of the statutes is amended to read:
AB1-ASA1,21,4
1283.84 (3m) A person engaged in mining, as defined in s. 293.01 (9) or 295.41
2(26)
, prospecting, as defined in s. 293.01 (18), bulk sampling, as defined in s. 295.41
3(7),
or nonmetallic mining, as defined in s. 295.11 (3), may not enter into an
4agreement under sub. (1).
AB1-ASA1,68 5Section 68. 287.13 (5) (e) of the statutes is amended to read:
AB1-ASA1,21,116 287.13 (5) (e) Solid waste produced by a commercial business or industry which
7is disposed of or held for disposal in an approved facility, as defined under s. 289.01
8(3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit
9under s. 295.58,
owned or leased by the generator or on which the generator holds
10an easement
and designed and constructed for the purpose of accepting that type of
11solid waste.
AB1-ASA1,69 12Section 69. 289.35 of the statutes is amended to read:
AB1-ASA1,21,18 13289.35 Shoreland and floodplain zoning. Solid waste facilities are
14prohibited within areas under the jurisdiction of shoreland and floodplain zoning
15regulations adopted under ss. 59.692, 61.351, 62.231 and , 87.30, and 281.31, except
16that the department may issue permits authorizing facilities in such areas. If the
17department issues a permit under this section, the permit shall specify the location,
18height, and size of the solid waste facility authorized under the permit.
AB1-ASA1,70 19Section 70. 289.62 (2) (g) 2. and 6. of the statutes are amended to read:
AB1-ASA1,21,2120 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing
21taconite tailing solids
, 0.2 cent per ton.
AB1-ASA1,21,2322 6. For nonhazardous waste rock or for nonacid producing taconite waste rock,
230.1 cent per ton.
AB1-ASA1,71 24Section 71. 292.01 (1m) of the statutes is amended to read:
AB1-ASA1,22,2
1292.01 (1m) "Approved mining facility" has the meaning given in s. 289.01 (4)
2and includes a mining waste site, as defined in s. 295.41 (31).
AB1-ASA1,72 3Section 72. Chapter 293 (title) of the statutes is amended to read:
AB1-ASA1,22,44 CHAPTER 293
AB1-ASA1,22,5 5nonferrous METALLIC MINING
AB1-ASA1,73 6Section 73. 293.01 (5) of the statutes is amended to read:
AB1-ASA1,22,137 293.01 (5) "Mineral exploration" or "exploration", unless the context requires
8otherwise, means the on-site geologic examination from the surface of an area by
9core, rotary, percussion or other drilling, where the diameter of the hole does not
10exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or
11establishing the nature of a known nonferrous metallic mineral deposit, and includes
12associated activities such as clearing and preparing sites or constructing roads for
13drilling.
AB1-ASA1,74 14Section 74. 293.01 (7) of the statutes is amended to read:
AB1-ASA1,22,2415 293.01 (7) "Merchantable by-product" means all waste soil, rock, mineral,
16liquid, vegetation and other material directly resulting from or displaced by the
17mining, cleaning or preparation of nonferrous metallic minerals during mining
18operations which are determined by the department to be marketable upon a
19showing of marketability made by the operator, accompanied by a verified statement
20by the operator of his or her intent to sell such material within 3 years from the time
21it results from or is displaced by mining. If after 3 years from the time merchantable
22by-product results from or is displaced by mining such material has not been
23transported off the mining site, it shall be considered and regulated as refuse unless
24removal is continuing at a rate of more than 12,000 cubic yards per year.
AB1-ASA1,75 25Section 75. 293.01 (8) of the statutes is repealed.
AB1-ASA1,76
1Section 76. 293.01 (9) of the statutes is amended to read:
AB1-ASA1,23,52 293.01 (9) "Mining" or "mining operation" means all or part of the process
3involved in the mining of nonferrous metallic minerals, other than for exploration or
4prospecting, including commercial extraction, agglomeration, beneficiation,
5construction of roads, removal of overburden and the production of refuse.
AB1-ASA1,77 6Section 77. 293.01 (12) of the statutes is amended to read:
AB1-ASA1,23,127 293.01 (12) "Mining site" means the surface area disturbed by a mining
8operation, including the surface area from which the nonferrous metallic minerals
9or refuse or both have been removed, the surface area covered by refuse, all lands
10disturbed by the construction or improvement of haulageways, and any surface areas
11in which structures, equipment, materials and any other things used in the mining
12operation are situated.
AB1-ASA1,78 13Section 78. 293.01 (12m) of the statutes is created to read:
AB1-ASA1,23,1614 293.01 (12m) "Nonferrous metallic mineral" means an ore or other earthen
15material to be excavated from the natural deposits on or in the earth for its metallic
16content but not primarily for its iron oxide content.
AB1-ASA1,79 17Section 79. 293.01 (18) of the statutes is amended to read:
AB1-ASA1,24,518 293.01 (18) "Prospecting" means engaging in the examination of an area for the
19purpose of determining the quality and quantity of nonferrous metallic minerals,
20other than for exploration but including the obtaining of an ore a nonferrous metallic
21mineral
sample, by such physical means as excavating, trenching, construction of
22shafts, ramps and tunnels and other means, other than for exploration, which the
23department, by rule, identifies, and the production of prospecting refuse and other
24associated activities. "Prospecting" shall not include such activities when the
25activities are, by themselves, intended for and capable of commercial exploitation of

1the underlying nonferrous ore body. However, the fact that prospecting activities and
2construction may have use ultimately in mining, if approved, shall not mean that
3prospecting activities and construction constitute mining within the meaning of sub.
4(9), provided such activities and construction are reasonably related to prospecting
5requirements.
AB1-ASA1,80 6Section 80. 293.01 (25) of the statutes is amended to read:
AB1-ASA1,24,127 293.01 (25) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and
8other material, except merchantable by-products, directly resulting from or
9displaced by the prospecting or mining and from the cleaning or preparation of
10nonferrous metallic minerals during prospecting or mining operations, and shall
11include all waste materials deposited on or in the prospecting or mining site from
12other sources.
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