SB1,29,2018 30.025 (1e) (a) Except as provided in par. pars. (b) and (c), this section applies
19to a proposal to construct a utility facility if the utility facility is required to obtain,
20or give notification of the wish to proceed under, one or more permits.
SB1,13 21Section 13. 30.025 (1e) (c) of the statutes is created to read:
SB1,29,2522 30.025 (1e) (c) This section does not apply to a proposal to construct a utility
23facility for ferrous mineral mining and processing activities governed by subch. III
24of ch. 295, unless the person proposing to construct the utility facility elects to
25proceed in the manner provided under this section.
SB1,14
1Section 14. 30.025 (1m) (intro.) of the statutes is amended to read:
SB1,30,92 30.025 (1m) Preapplication process. (intro.) Before filing an a combined
3application under this section for permits under sub. (1s) with the department in lieu
4of separate applications
, a person proposing to construct a utility facility shall notify
5the department of the intention to file an a combined application under sub. (1s).
6After receiving such notice, the department shall confer with the person, in
7cooperation with the commission, to make a preliminary assessment of the project's
8scope, to make an analysis of alternatives, to identify potential interested persons,
9and to ensure that the person making the proposal is aware of all of the following:
SB1,15 10Section 15. 30.025 (1m) (c) of the statutes is amended to read:
SB1,30,1411 30.025 (1m) (c) The timing of information submissions that the person will be
12required to provide in order to enable the department to participate in commission
13review procedures and to process the combined application for permits in a timely
14manner.
SB1,16 15Section 16. 30.025 (1s) (a) of the statutes is amended to read:
SB1,30,2516 30.025 (1s) (a) Any person proposing to construct a utility facility to which this
17section applies shall, in lieu of separate application for permits, submit one combined
18application for permits together with any additional information required by the
19department. The combined application for permits shall be filed with the
20department at the same time that an application for a certificate is filed with the
21commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and shall
22include the detailed information that the department requires to determine whether
23an a combined application for permits is complete and to carry out its obligations
24under sub. (4). The department may require supplemental information to be
25furnished thereafter.
SB1,17
1Section 17. 30.025 (2) of the statutes is amended to read:
SB1,31,212 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a),
3the department may schedule the matter for a public hearing. Notice of the hearing
4shall be given to the applicant and shall be published as a class 1 notice under ch.
5985 and as a notice on the department's Internet Web site. The department may give
6such further notice as it deems proper, and shall give notice to interested persons
7requesting same. The department's notice to interested persons may be given
8through an electronic notification system established by the department. Notice of
9a hearing under this subsection published as a class 1 notice, as a notice on the
10department's Internet Web site, and through the electronic notification system
11established by the department shall include the time, date, and location of the
12hearing, the name and address of the applicant, a summary of the subject matter of
13the combined application for permits, and information indicating where a copy of the
14combined application for permits may be viewed on the department's Internet Web
15site. The summary shall contain a brief, precise, easily understandable, plain
16language description of the subject matter of the application. One copy of the
17combined application for permits shall be available for public inspection at the office
18of the department, at least one copy in the regional office of the department, and at
19least one copy at the main public library, of the area affected. Notwithstanding s.
20227.42, the hearing shall be an informational hearing and may not be treated as a
21contested case hearing nor converted to a contested case hearing.
SB1,18 22Section 18. 30.025 (2g) (b) (intro.) of the statutes is amended to read:
SB1,32,423 30.025 (2g) (b) (intro.) The department shall participate in commission
24investigations or proceedings under s. 196.49 or 196.491 (3) with regard to any
25proposed utility facility that is subject to this section for which a combined

1application for permits is filed under sub. (1s)
. In order to ensure that the
2commission's decision is consistent with the department's responsibilities, the
3department shall provide the commission with information that is relevant to only
4the following:
SB1,19 5Section 19. 30.025 (4) of the statutes is amended to read:
SB1,32,116 30.025 (4) Permit conditions. The permit may be issued, or the authority to
7proceed under a permit may be granted, upon stated conditions deemed necessary
8to assure compliance with the criteria designated under sub. (3). The department
9shall grant or deny the combined application for a permit permits for the utility
10facility within 30 days of the date on which the commission issues its decision under
11s. 196.49 or 196.491 (3).
SB1,20 12Section 20. 30.025 (4m) of the statutes is created to read:
SB1,32,2013 30.025 (4m) Procedure for a single permit application. A person proposing
14to construct a utility facility that is related to mining, as defined in s. 295.41 (26), and
15for which not more than one permit is required, may submit an application for that
16single permit with the department in the same manner as a combined application
17for permits may be submitted under sub. (1s). If the applicant elects to submit the
18application in the same manner as a combined application for permits, the
19procedures under this section that apply to a combined application for permits shall
20apply to that application for a single permit.
SB1,21 21Section 21. 30.12 (3m) (c) (intro.) of the statutes is amended to read:
SB1,32,2422 30.12 (3m) (c) (intro.) The department shall issue an individual permit to a
23riparian owner for a structure or a deposit pursuant to an application under par. (a)
24if the department finds that all of the following apply requirements are met:
SB1,22
1Section 22. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.)
2and amended to read:
SB1,33,53 30.123 (8) (c) (intro.) The department shall issue an individual permit
4pursuant to an application under par. (a) if the department finds that the all of the
5following requirements are met:
SB1,33,6 61. The bridge or culvert will not materially obstruct navigation,.
SB1,33,8 72. The bridge or culvert will not materially reduce the effective flood flow
8capacity of a stream, and.
SB1,33,9 93. The bridge or culvert will not be detrimental to the public interest.
SB1,23 10Section 23. 30.133 (2) of the statutes is amended to read:
SB1,33,1611 30.133 (2) This section does not apply to riparian land located within the
12boundary of any hydroelectric project licensed or exempted by the federal
13government, if the conveyance is authorized under any license, rule or order issued
14by the federal agency having jurisdiction over the project. This section does not apply
15to riparian land that is associated with an approval required for bulk sampling or
16mining that is required under subch. III of ch. 295.
SB1,24 17Section 24. 30.19 (4) (c) (intro.) of the statutes is amended to read:
SB1,33,2018 30.19 (4) (c) (intro.) The department shall issue an individual permit pursuant
19to an application under par. (a) if the department finds that all of the following apply
20requirements are met:
SB1,25 21Section 25. 30.195 (2) (c) (intro.) of the statutes is amended to read:
SB1,33,2422 30.195 (2) (c) (intro.) The department shall issue an individual permit applied
23for under this section to a riparian owner if the department determines that all of the
24following apply requirements are met:
SB1,26 25Section 26. 31.23 (3) (e) of the statutes is created to read:
SB1,34,3
131.23 (3) (e) This subsection does not apply to a bridge that is constructed,
2maintained, or operated in association with mining or bulk sampling that is subject
3to subch. III of ch. 295.
SB1,27 4Section 27. 32.02 (12) of the statutes is amended to read:
SB1,34,85 32.02 (12) Any person operating a plant which creates waste material which,
6if released without treatment would cause stream pollution, for the location of
7treatment facilities. This subsection does not apply to a person licensed with a
8permit
under ch. 293 or subch. III of ch. 295.
SB1,28 9Section 28. 70.375 (1) (as) of the statutes is amended to read:
SB1,34,1210 70.375 (1) (as) "Mine" means an excavation in or at the earth's surface made
11to extract metalliferous minerals for which a permit has been issued under s. 293.49
12or 295.58.
SB1,29 13Section 29. 70.375 (1) (bm) of the statutes is amended to read:
SB1,34,2114 70.375 (1) (bm) "Mining-related purposes" means activities which are directly
15in response to the application for a mining permit under s. 293.37 or 295.47; directly
16in response to construction, operation, curtailment of operation or cessation of
17operation of a metalliferous mine site; or directly in response to conditions at a
18metalliferous mine site which is not in operation. "Mining-related purposes" also
19includes activities which anticipate the economic and social consequences of the
20cessation of mining. "Mining-related purposes" also includes the purposes under s.
2170.395 (2) (g).
SB1,30 22Section 30. 70.375 (4) (h) of the statutes is amended to read:
SB1,34,2423 70.375 (4) (h) The cost of premiums for bonds required under s. 293.51, 295.45
24(5), or 295.59
.
SB1,31 25Section 31. 70.38 (2) of the statutes is amended to read:
SB1,35,4
170.38 (2) Combined reporting. If the same person extracts metalliferous
2minerals from different sites in this state, the net proceeds for each site for which a
3permit has been issued under s. 293.49 or 295.58 shall be reported separately for the
4purposes of computing the amount of the tax under s. 70.375 (5).
SB1,32 5Section 32. 70.395 (1e) of the statutes is amended to read:
SB1,35,136 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
770.38 to 70.39, the department of administration, upon certification of the
8department of revenue, shall transfer the amount collected in respect to mines not
9in operation on November 28, 1981, to the investment and local impact fund, except
10that the department of administration shall transfer 60 percent of the amount
11collected from each person extracting ferrous metallic minerals to the investment
12and local impact fund and 40 percent of the amount collected from any such person
13to the economic development fund
.
SB1,33 14Section 33. 70.395 (2) (dc) 1. of the statutes is amended to read:
SB1,35,1915 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
16permit under s. 293.37 or 295.47 shall pay $50,000 $75,000 to the department of
17revenue for deposit in the investment and local impact fund at the time that the
18person notifies the department of natural resources under s. 293.31 (1) or 295.465
19of that intent.
SB1,34 20Section 34. 70.395 (2) (dc) 2. of the statutes is amended to read:
SB1,35,2321 70.395 (2) (dc) 2. A person making a payment under subd. 1. shall pay an
22additional $50,000 $75,000 upon notification by the board that the board has
23distributed 50% of the payment under subd. 1.
SB1,35 24Section 35. 70.395 (2) (dc) 3. of the statutes is amended to read:
SB1,36,4
170.395 (2) (dc) 3. A person making a payment under subd. 2. shall pay an
2additional $50,000 $75,000 upon notification by the board that the board has
3distributed all of the payment under subd. 1. and 50% of the payment under subd.
42.
SB1,36 5Section 36. 70.395 (2) (dc) 4. of the statutes is amended to read:
SB1,36,106 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s.
7293.41 or 295.443 for the proposed mine for which the payment is made, the board
8shall refund any funds paid under this paragraph but not distributed under par. (fm)
9from the investment and local impact fund to the person making the payment under
10this paragraph.
SB1,37 11Section 37. 70.395 (2) (fm) of the statutes is amended to read:
SB1,36,1912 70.395 (2) (fm) The board may distribute a payment received under par. (dc)
13to a county, town, village, city, tribal government or local impact committee
14authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical
15experts in the areas of transportation, utilities, economic and social impacts,
16environmental impacts and municipal services and other reasonable and necessary
17expenses incurred by the recipient that directly relate to the good faith negotiation
18of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the
19payment is made.
SB1,38 20Section 38. 70.395 (2) (h) 1. of the statutes is amended to read:
SB1,36,2421 70.395 (2) (h) 1. Distribution shall first be made to those municipalities in
22which metalliferous minerals are extracted or were extracted within 3 years
23previous to December 31 of the current year, or in which a permit has been issued
24under s. 293.49 or 295.58 to commence mining;
SB1,39 25Section 39. 70.395 (2) (hg) of the statutes is amended to read:
SB1,37,3
170.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and
2accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub.
3(3) and s. ss. 293.65 (5) and 295.61 (9).
SB1,40 4Section 40. 70.395 (2) (hr) of the statutes is amended to read:
SB1,37,85 70.395 (2) (hr) The board shall, by rule, establish procedures to recoup
6payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and
7(g), sub. (3) and s. ss. 293.65 (5) and 295.61 (9) for noncompliance with this section
8or rules adopted under this section.
SB1,41 9Section 41. 70.395 (2) (hw) of the statutes is amended to read:
SB1,37,1810 70.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub.
11(3) or s. ss. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted
12to mining-related purposes who uses the payment for attorney fees may do so only
13for the purposes under par. (g) 6. and for processing mining-related permits or other
14approvals required by the municipality. The board shall recoup or withhold
15payments that are used or proposed to be used by the recipient for attorney fees
16except as authorized under this paragraph. The board may not limit the hourly rate
17of attorney fees for which the recipient uses the payment to a level below the hourly
18rate that is commonly charged for similar services.
SB1,42 19Section 42. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended
20to read:
SB1,38,421 87.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill,
22or development placed or maintained within any floodplain in violation of a zoning
23ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance
24and the creation thereof may be enjoined and maintenance thereof may be abated by
25action at suit of any municipality, the state or any citizen thereof. Any person who

1places or maintains any structure, building, fill or development within any
2floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
361.35 or 62.23 may be fined not more than $50 for each offense. Each day during
4which such violation exists is a separate offense.
SB1,43 5Section 43. 87.30 (2) (b) of the statutes is created to read:
SB1,38,106 87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or
7development placed or maintained as part of a mining operation covered by a mining
8permit under s. 295.58 except to the extent that regulation of the placement or
9maintenance of the structure, building, fill, or development is required for
10compliance with a floodplain zoning ordinance as provided under s. 295.607 (3).
SB1,44 11Section 44. 107.001 (1) of the statutes is amended to read:
SB1,38,1812 107.001 (1) "Exploration mining lease" means any lease, option to lease, option
13to purchase or similar conveyance entered into for the purpose of determining the
14presence, location, quality or quantity of metalliferous nonferrous metallic minerals
15or for the purpose of mining, developing or extracting metalliferous nonferrous
16metallic
minerals, or both under ch. 293. Any lease, option to lease, option to
17purchase or similar conveyance entered into by a mining company is rebuttably
18presumed to be an exploration mining lease.
SB1,45 19Section 45. 107.001 (2) of the statutes is repealed.
SB1,46 20Section 46. 107.01 (intro.) of the statutes is amended to read:
SB1,38,24 21107.01 Rules governing mining rights. (intro.) Where there is no contract
22between the parties or terms established by the landlord to the contrary the following
23rules and regulations shall be applied to mining contracts and leases for the digging
24of ores and nonferrous metallic minerals:
SB1,47 25Section 47. 107.01 (2) of the statutes is amended to read:
SB1,39,9
1107.01 (2) The discovery of a crevice or range containing ores or minerals
2nonferrous metallic minerals shall entitle the discoverer to the ores or minerals
3nonferrous metallic minerals pertaining thereto, subject to the rent due the
4discoverer's landlord, before as well as after the ores or minerals nonferrous metallic
5minerals
are separated from the freehold; but such miner shall not be entitled to
6recover any ores or minerals nonferrous metallic minerals or the value thereof from
7the person digging on the miner's range in good faith and known to be mining thereon
8until the miner shall have given notice of the miner's claim; and the miner shall be
9entitled to the ores or minerals nonferrous metallic minerals dug after such notice.
SB1,48 10Section 48. 107.02 of the statutes is amended to read:
SB1,40,5 11107.02 Mining statement; penalty. When there is no agreement between the
12parties to any mining lease, license or permit, to mine or remove ore nonferrous
13metallic minerals
from any lands in this state, regulating the method of reporting
14the amount of ore nonferrous metallic minerals taken, the person mining and
15removing the ore or ores nonferrous metallic minerals shall keep proper and correct
16books, and therefrom to make and deliver by or before the fifteenth day of each month
17to the lessor, owner or person entitled thereto, a detailed statement covering the
18operations of the preceding month. The statement shall show the total amount of
19tons or pounds of each kind of ore nonferrous metallic minerals produced; if sold, then
20to whom sold, giving the date of sale, date of delivery to any railroad company,
21naming the company, and the station where delivered or billed for shipment; the
22name and address of the purchaser; the price per ton at which sold and the total value
23of each kind of ore nonferrous metallic minerals so sold. The books shall be always
24open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is
25a corporation, and to any person or stockholder interested in any such mining

1operations, for the purpose of inspection and taking copies thereof or abstracts
2therefrom. Any person and every officer, agent or employee of any thereof, who
3violates this section, or who makes any false or incomplete entries on any such books
4or statements, shall be fined not less than $100 or imprisoned in the county jail for
5not more than 3 months or both.
SB1,49 6Section 49. 107.03 of the statutes is amended to read:
SB1,40,16 7107.03 Conflicting claims. In case of conflicting claims to a crevice or range
8bearing ores or nonferrous metallic minerals the court may continue any action to
9enforce a claim or grant any necessary time for the purpose of allowing parties to
10prove up their mines or diggings if it satisfactorily appears necessary to the ends of
11justice. In such case the court or judge may appoint a receiver and provide that the
12mines or diggings be worked under the receiver's direction, subject to the order of the
13court, in such manner as best ascertains the respective rights of the parties. The ores
14or
nonferrous metallic minerals raised by either party pending the dispute shall be
15delivered to the receiver, who may, by order of the court or judge, pay any rent or other
16necessary expenses therefrom.
SB1,50 17Section 50. 107.04 of the statutes is amended to read:
SB1,41,4 18107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
19disposes of any ores or nonferrous metallic minerals or mines or diggings for the
20purpose of defrauding the lessor of rent or who neglects to pay any rent on ores or
21nonferrous metallic minerals raised by the miner for 3 days after the notice thereof
22and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and
23the landlord after the concealment or after 3 days have expired from the time of
24demanding rent, may proceed against the miner to recover possession of the mines
25or diggings in circuit court as in the case of a tenant holding over after the

1termination of the lease. If a miner neglects to work his or her mines or diggings
2according to the usages of miners, without reasonable excuse, he or she shall likewise
3forfeit the mines or diggings and the landlord may proceed against the miner in like
4manner to recover possession of the mines or diggings.
SB1,51 5Section 51. 107.11 of the statutes is amended to read:
SB1,41,17 6107.11 Account of ore nonferrous metallic minerals received. Every
7person operating a metal recovery system and every purchaser of ores and
8nonferrous metallic minerals shall keep a substantially bound book, ruled into
9suitable columns, in which shall be entered from day to day, as ores or nonferrous
10metallic
minerals are received, the following items: the day, month and year when
11received; the name of the person from whom purchased; the name of the person by
12whom hauled and delivered; name of the owner of the land from which the ores or
13nonferrous metallic minerals were obtained, or if not known, the name of the
14diggings or some distinct description of the land. The bound book shall be kept at the
15furnace or at the usual place of business of such person or purchaser or his or her
16agent in this state, and shall be open to authorized representatives of the department
17of revenue at reasonable times for inspection and taking extracts.
SB1,52 18Section 52. 107.12 of the statutes is amended to read:
SB1,41,25 19107.12 Penalty. If any person operating a metal recovery system or purchaser
20of ores and nonferrous metallic minerals or the agent of any such person or purchaser
21doing business fails to keep such a book or to make such entries as required under
22s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
23or makes false entries in the book he or she shall forfeit $10 for each offense, one-half
24to the use of the prosecutor; and each day such failure or refusal continues shall be
25deemed a distinct and separate offense.
SB1,53
1Section 53. 107.20 (1) of the statutes is amended to read:
SB1,42,132 107.20 (1) Any provision of an exploration mining lease entered into after April
325, 1978, granting an option or right to determine the presence, location, quality or
4quantity of metalliferous nonferrous metallic minerals shall be limited to a term not
5exceeding 10 years from the date on which the exploration mining lease is recorded
6in the office of the register of deeds of the county where the property is located, except
7that any provision of an exploration mining lease entered into after April 25, 1978,
8granting an option or right to determine the quality and quantity of metalliferous
9nonferrous metallic minerals under a prospecting permit shall be limited to a term
10not exceeding 10 years from the date that the lessee applies for a prospecting permit
11under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
12the date on which the exploration mining lease is recorded in the office of the register
13of deeds of the county where the property is located.
SB1,54 14Section 54. 107.20 (2) of the statutes is amended to read:
SB1,42,1915 107.20 (2) Any provision of an exploration mining lease entered into after April
1625, 1978, granting an option or right to develop or extract metalliferous nonferrous
17metallic
minerals shall be limited to a term not exceeding 50 years from the date on
18which the exploration mining lease is recorded in the office of the register of deeds
19of the county where the property is located.
SB1,55 20Section 55. 107.30 (8) of the statutes is amended to read:
SB1,42,2521 107.30 (8) "Mining" or "mining operation" has the meaning set forth in s. 293.01
22(9)
means all or part of the process involved in the mining of metallic minerals, other
23than for exploration or prospecting, including commercial extraction,
24agglomeration, beneficiation, construction of roads, removal of overburden, and the
25production of refuse
.
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