AB100-ASA1,1587,2423
295.12
(3) (e) 1. a. The examination and approval of
operation plans and 24nonmetallic mining reclamation plans.
AB100-ASA1,1587,2525
b. The inspection of
nonmetallic mining and nonmetallic mining reclamation.
AB100-ASA1,1588,32
295.12
(3) (e) 2. A prohibition on basing the fees under subd. 1. on any portion
3of a nonmetallic mining site that has been reclaimed when the fees are imposed.
AB100-ASA1,1588,125
295.12
(3) (g) A requirement for the operator to provide a bond, deposit of funds,
6established escrow account, letter of credit, demonstration of financial responsibility
7by meeting net worth requirements or other form of financial assurance conditioned
8on the faithful performance of all of the requirements of
the nonmetallic mining
9reclamation ordinance rules promulgated under this section. The rules shall
10authorize a county, city, village or town to reduce the amount of financial assurance
11that an operator is required to provide based on nonmetallic mining reclamation that
12the operator performs while the nonmetallic mine continues to operate.
AB100-ASA1,1588,2214
295.12
(3) (h) Provisions to restrict
nonmetallic mining or restrict, regulate or
15require certain activities in connection with
nonmetallic mining or nonmetallic
16mining reclamation in order to ensure compliance with nonmetallic mining
17reclamation standards,
operation plans, nonmetallic mining reclamation plans,
18licensing standards, financial assurance requirements and other requirements of
19the
nonmetallic mining reclamation ordinance. These restrictions, regulations and
20requirements may include requirements for separations between excavations and
21property boundaries, for depth of excavations and for segregation of topsoil rules
22promulgated under this section.
AB100-ASA1,1589,224
295.12
(3) (i) A prohibition on nonmetallic mining if a proposed nonmetallic
25mining site
, other than a nonmetallic mining site in existence before the effective
1date of the ordinance, cannot be reclaimed in compliance with the nonmetallic
2mining reclamation standards
in the ordinance under sub. (1) (a).
AB100-ASA1,1589,55
295.12
(3) (k) A provision for
orders and penalties consistent with s. 295.19
(3).
AB100-ASA1,1589,97
295.12
(3) (L)
Standards Criteria and procedures for
granting exemptions and
8variances from approving alternatives to the requirements of the nonmetallic
9mining reclamation
ordinance standards under sub. (1) (a).
AB100-ASA1,1589,18
11295.13 (title)
Mandatory enactment and administration of ordinance
12by counties. (1) Mandatory enactment and administration of ordinance. (a)
13Requirement to enact and administer ordinance. Within 6 months after the effective
14date of the rules under s. 295.12 (1), each county shall enact
and begin to administer 15a nonmetallic mining reclamation ordinance
, the text of which is in strict conformity
16with the text of the ordinance established under s. 295.12 (1) (d)
that complies with
17those rules, except as provided in
sub. subs. (2)
and (2m). This ordinance may be
18enacted separately from an ordinance enacted under s. 59.69.
AB100-ASA1,1590,7
19(2) Preexisting county ordinances. Any county with a nonmetallic mining
20reclamation ordinance in effect on June 1, 1993, may maintain and administer that
21ordinance if the department reviews the existing ordinance and determines that it
22is at least as restrictive as the
ordinance established rules under s. 295.12 (1)
(d).
23If the department determines that any part of the existing ordinance is not as
24restrictive as the
ordinance established rules under s. 295.12 (1)
(d), the county may
25amend the ordinance and submit the amended ordinance to the department for
1approval a determination of whether the amended ordinance is as restrictive as
2those rules. After obtaining the
approval determination of the department
under
3this subsection that an ordinance is as restrictive as the rules under s. 295.12 (1), the
4county may not amend the ordinance to make it more restrictive.
After obtaining the
5approval of the department under this subsection, the A county may not amend
the 6a nonmetallic mining reclamation ordinance to make it less restrictive than the
7ordinance established requirements in the rules under s. 295.12 (1)
(d).
AB100-ASA1,1590,10
8(3) Applicability of county ordinance. The An ordinance under sub. (1) or (2)
9applies to the entire area of the county, except for cities, villages and towns that enact
10and administer a nonmetallic mining reclamation ordinance under s. 295.14.
AB100-ASA1,1590,1612
295.13
(2m) Option for certain counties. In a county with a population of
13700,000 or more, if every city, village and town that contains a nonmetallic mining
14site has enacted an ordinance under s. 295.14 by the first day of the 4th month
15beginning after the effective date of the rules promulgated under s. 295.12 (1), the
16county is not required to enact an ordinance under this section.
AB100-ASA1,1590,25
18295.14 Authority to enact and administer ordinance. (1) Authority to
19enact and administer ordinance. A city, village or town may enact and administer
20a nonmetallic mining reclamation ordinance,
the text of which is in strict conformity
21with the text of the ordinance that complies with the rules under s. 295.12 (1)
(d).
22Except as provided in sub. (2), a city, village or town may not administer a
23nonmetallic mining reclamation ordinance
, the text of which is not in strict
24conformity with the text of the ordinance that does not comply with the rules under
25s. 295.12 (1)
(d).
AB100-ASA1,1591,15
1(2) Preexisting municipal ordinances. A city, village or town with a
2nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain
3and administer that ordinance if the department reviews the existing ordinance and
4determines that it is at least as restrictive as the
ordinance established rules under
5s. 295.12 (1)
(d). If the department determines that any part of the existing ordinance
6is not as restrictive as the
ordinance established
rules under s. 295.12 (1)
(d), the city,
7village or town may amend the ordinance and submit the amended ordinance to the
8department for
approval a determination of whether the amended ordinance is as
9restrictive as those rules. After obtaining the
approval determination of the
10department
under this subsection that an ordinance is as restrictive as the rules
11under s. 295.12 (1), the city, village or town may not amend the ordinance to make
12it more restrictive.
After obtaining the approval of the department under this
13subsection, the A city, village or town may not amend
the a nonmetallic mining
14reclamation ordinance to make it less restrictive than the
ordinance established 15rules under s. 295.12 (1)
(d).
AB100-ASA1,1591,18
17295.16 (title)
Applicability of ordinance and standards nonmetallic
18mining reclamation requirements.
AB100-ASA1, s. 2746
19Section
2746. 295.16 (1) of the statutes is repealed and recreated to read:
AB100-ASA1,1591,2320
295.16
(1) Nonmetallic mining for transportation purposes. (a)
21Notwithstanding par. (b), any requirements of the department of transportation
22concerning the restoration of a nonmetallic mining site shall be consistent with the
23nonmetallic mining reclamation standards established under s. 295.12 (1) (a).
AB100-ASA1,1592,424
(b) A nonmetallic mining ordinance and the rules promulgated under s. 295.12
25(1) do not apply to nonmetallic mining to obtain stone, soil, sand or gravel for the
1construction, maintenance or repair of a highway, railroad, airport facility or any
2other transportation facility, if the nonmetallic mining is subject to the requirements
3of the department of transportation concerning the restoration of the nonmetallic
4mining site.
AB100-ASA1,1592,136
295.16
(2) Nonmetallic mining in or near navigable waterways. A nonmetallic
7mining reclamation ordinance
, and
requirements of this subchapter other than the
8standards established under s. 295.12 (1) (a)
, do not apply to any nonmetallic mining
9site or portion of a nonmetallic mining site that is subject to permit and reclamation
10requirements of the department under ss. 30.19, 30.195, 30.20, 30.30 and 30.31.
The
11nonmetallic mining standards established under s. 295.12 (1) (a) do apply to a
12nonmetallic mining site that is subject to permit and reclamation requirements of
13the department under ss. 30.19, 30.195, 30.20, 30.30 and 30.31.
AB100-ASA1,1592,1915
295.16
(4) (b) Excavations or grading conducted for
highway the construction
16purposes within the highway right-of-way, reconstruction, maintenance or repair
17of a highway, railroad, airport facility or any other transportation facility if the
18excavation or grading is within the property boundaries of the transportation
19facility.
AB100-ASA1,1593,521
295.16
(4) (g) Any activities
conducted at a solid waste or hazardous waste
22disposal site required to prepare, operate or close a solid waste disposal facility under
23subchs. II to IV of ch. 289 or a hazardous waste disposal facility under ch. 291
that
24are conducted on the property on which the facility is located, but a nonmetallic
25mining reclamation ordinance and the standards established under s. 295.12 (1) (a)
1apply to activities related to solid waste or hazardous waste disposal that are
2conducted at a nonmetallic mining site that is not
part of on the property on which 3the solid waste or hazardous waste disposal facility
is located such as activities to
4obtain nonmetallic minerals to be used for lining, capping, covering or constructing
5berms, dikes or roads.
AB100-ASA1,1593,178
295.17
(1) An agent of a county, city, village or town that has a
valid nonmetallic
9mining reclamation ordinance
that complies with s. 295.13 or 295.14 may enter a
10nonmetallic mining site in the performance of his or her official duties at any
11reasonable time in order to inspect those premises and to ascertain compliance with
12the nonmetallic mining reclamation ordinance this subchapter. No person may
13refuse entry or access to an agent of the county, city, village or town who requests
14entry for purposes of inspection, and who presents appropriate credentials. No
15person may obstruct, hamper or interfere with the inspection. The county, city,
16village or town shall furnish to the operator any report prepared by the county, city,
17village or town regarding the inspection.
AB100-ASA1,1593,2319
295.18
(1) Review. (intro.) The department shall
periodically review the
20nonmetallic mining reclamation program under this subchapter of each county and
21each city, village or town that exercises jurisdiction under this subchapter to
22ascertain compliance with this subchapter and the rules promulgated under this
23subchapter. This review shall include all of the following:
AB100-ASA1,1594,3
1295.18
(1) (c) A written determination by the department, issued
every 3 at
2least once every 10 years, of whether
or not the county, city, village or town is in
3compliance with this subchapter and rules promulgated under this subchapter.
AB100-ASA1,1594,145
295.18
(2) Noncompliance; hearing. If the department determines under sub.
6(1) that a county, city, village or town is not in compliance with this subchapter and
7rules promulgated under this subchapter, the department shall
notify the county,
8city, village or town of that determination. If the department determines that a
9county, city, village or town has not come into compliance after notification, the
10department shall consult with the nonmetallic mining council. If the department
11decides to pursue the matter, it shall conduct a hearing, after 30 days' notice, in the
12county, city, village or town. As soon as practicable after the hearing, the department
13shall issue a written decision regarding compliance with this subchapter and rules
14promulgated under this subchapter.
AB100-ASA1,1595,816
295.18
(4) County noncompliance; consequences. If the department
17determines issues a written decision under sub. (2) that a county is not in compliance
18with this subchapter and rules promulgated under this subchapter, the department
19shall administer the nonmetallic mining reclamation program in that county,
20including the collection of fees, review and approval of plans, inspection of
21nonmetallic mining sites and enforcement
, except that the department may not
22administer the nonmetallic mining reclamation program in a city, village or town
23that enacted an ordinance that complies with s. 295.14 before the department made
24its determination under sub. (2) and is administering that ordinance. The county
25may apply to the department at any time to resume administration of the
1nonmetallic mining reclamation program. The department, after a hearing, may
2approve the county request to administer the nonmetallic mining reclamation
3program if the county demonstrates the capacity to comply with this subchapter and
4rules promulgated under this subchapter. No city, village or town may enact an
5ordinance
under s. 295.14 for and begin to implement a nonmetallic mining
6reclamation program during the time that the department administers the
7nonmetallic mining reclamation program in the county in which the city, village or
8town is located.
AB100-ASA1, s. 2756
9Section
2756. 295.19 (1) (intro.), (a), (b) and (c) of the statutes are amended
10to read:
AB100-ASA1,1595,1411
295.19
(1) Orders; enforcement. (intro.) The governing body of a county, city,
12village or town that has a
valid nonmetallic mining reclamation ordinance
that
13complies with s. 295.13 or 295.14, or an agent designated by that governing body,
14may do any of the following:
AB100-ASA1,1595,1915
(a) Issue
a compliance order, suspension order or termination an order
as
16authorized in requiring an operator to comply with, or to cease violating, this
17subchapter, rules promulgated under this subchapter, the nonmetallic mining
18reclamation ordinance
, a nonmetallic mining reclamation permit or an approved
19nonmetallic mining reclamation plan.
AB100-ASA1,1595,2220
(b)
Modify, suspend or revoke Issue an order suspending or revoking a
21nonmetallic mining
reclamation permit as authorized in the nonmetallic mining
22reclamation ordinance.
AB100-ASA1,1596,323
(c) Issue
a special an order directing
the immediate cessation of an operator to
24immediately cease an activity regulated under this subchapter
, under rules
25promulgated under this subchapter or under the nonmetallic mining reclamation
1ordinance until the necessary
nonmetallic mining reclamation plan approval is
2obtained
or until the nonmetallic mining site complies with the nonmetallic mining
3reclamation ordinance.
AB100-ASA1,1596,85
295.19
(2) Department orders. The department may issue
a special an order
6directing the immediate cessation of an activity regulated under this subchapter
7until the nonmetallic mining site complies with the nonmetallic mining reclamation
8standards established under s. 295.12 (1) (a).
AB100-ASA1,1596,1410
295.19
(3) (b) 1. Except for the violations enumerated in par. (a), any person
11who violates this subchapter or any rule promulgated or any plan approval
, license
12or special order issued under this subchapter shall forfeit not less than $10 nor more
13than $5,000 for each violation. Each day of continued violation is a separate offense.
14While
the an order is suspended, stayed or enjoined, this penalty does not accrue.
AB100-ASA1,1596,17
16295.20 (title)
Preservation of certain marketable nonmetallic mineral
17deposits.
AB100-ASA1, s. 2760
18Section
2760. 295.20 (1) of the statutes is renumbered 295.20 (1) (a) (intro.)
19and amended to read:
AB100-ASA1,1596,2320
295.20
(1) (a) (intro.) Beginning on
June 1,
1994 the effective date of this
21paragraph .... [revisor inserts date], a landowner may register land owned by that
22person
with each county in which the land is located if the under this section if all
23of the following apply:
AB100-ASA1,1597,2
241. The land has
an economically viable a marketable nonmetallic mineral
25deposit
, as evidenced by the certification of a professional geologist registered under
1s. 443.037 or a professional engineer registered under s. 443.04 and by any other
2information required under sub. (4).
AB100-ASA1,1597,7
3(c) The registration shall delineate the nonmetallic mineral deposit and
the
4necessary buffer areas under the nonmetallic mining reclamation ordinance. The
5landowner, as a condition of registration, shall submit evidence that a notation of the
6registration has been is valid only if recorded in the office of the register of deeds in
7each county in which the nonmetallic mineral deposit
or buffer area is located.
A
AB100-ASA1,1597,11
8(d) Except as provided under sub. (4) (d), a registration under this subsection
9may not be rescinded by the county or the landowner or his or her successors or
10assigns lasts for 10 years and may be renewed as provided in the rules under sub.
11(4) (e).
AB100-ASA1, s. 2761
12Section
2761. 295.20 (1) (a) 2. and 3. of the statutes are created to read:
AB100-ASA1,1597,1613
295.20
(1) (a) 2. The landowner notifies each county, city, village and town that
14has authority to zone the land of his or her intent to register the marketable
15nonmetallic mineral deposit. The notification shall include the evidence required
16under subd. 1.
AB100-ASA1,1597,1917
3. Nonmetallic mining is a permitted or conditional use for the land that is
18proposed to be registered under any zoning that is in effect on the day on which the
19landowner makes the notification under subd. 2.
AB100-ASA1,1598,221
295.20
(1) (b) A governmental unit that receives notification under par. (a) 2.
22may contest registration under this subsection, in the circuit court for a county in
23which the land is located, on the grounds that there is not a marketable nonmetallic
24mineral deposit on the land or that par. (a) 3. is not satisfied. The governmental unit
1has the burden of proving, by a preponderance of the evidence, that one of those
2grounds exists.
AB100-ASA1,1598,74
295.20
(1m) Previously registered deposits. Land registered under sub. (1)
5before the effective date of this subsection .... [revisor inserts date], shall remain
6registered for 10 years after the initial date of registration. The registration may be
7renewed as provided under sub. (4) (f).
AB100-ASA1, s. 2764
8Section
2764. 295.20 (2) of the statutes is renumbered 295.20 (2) (a) and
9amended to read:
AB100-ASA1,1598,1610
295.20
(2) (a) A county, city, village or town may not by zoning, rezoning,
11granting a variance, or other official action or inaction, permit the erection of
12permanent structures upon, or otherwise permit the use of, any
registered
13nonmetallic mineral deposit or registered buffer area land, while a registration
14under this section is in effect for that land, in a manner that would permanently
15interfere with the present or future extraction of the nonmetallic mineral deposit
or 16maintenance of the buffer area that is located on the land.
AB100-ASA1,1598,2218
295.20
(2) (b) 1. A county, city, village or town may enact an ordinance changing
19the zoning of land that is registered under this section if mining has not begun on
20any portion of the registered land and the ordinance is necessary to implement a
21master plan, comprehensive plan or land use plan that was adopted at least one year
22before the rezoning.
AB100-ASA1,1599,223
2. A zoning change authorized by subd. 1. does not apply to the registered land
24during the registration period in effect when the zoning ordinance takes effect or
1during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for
2that renewal.
AB100-ASA1,1599,43
3. A zoning change authorized by subd. 1. prevents the registration of the land
4after the period under subd. 2.
AB100-ASA1,1599,76
295.20
(3) (a) A use of land permissible under a zoning ordinance
in effect on
7the day before a mineral deposit
or buffer area is registered under sub. (1).
AB100-ASA1,1599,118
(b) Acquisition of a registered nonmetallic mineral deposit or registered buffer
9area by a county, city, village or town or other governmental unit for a public purpose
10if the use of the land does not permanently interfere with the extraction of
11nonmetallic minerals or maintenance of the buffer area.
AB100-ASA1,1599,1413
295.20
(4) Rules. The department shall promulgate rules that contain all of
14the following:
AB100-ASA1,1599,1515
(a) A definition of "marketable nonmetallic mineral deposit".
AB100-ASA1,1599,1716
(b) Procedures and requirements for registering land containing a marketable
17nonmetallic mineral deposit under sub. (1).
AB100-ASA1,1599,1918
(c) Procedures and criteria for objecting to the proposed registration of land
19containing a nonmetallic mineral deposit.
AB100-ASA1,1599,2120
(d) Procedures for terminating the registration of land under this section when
21there is no longer a marketable nonmetallic mineral deposit on the land.
AB100-ASA1,1600,222
(e) Procedures and criteria for renewing the registration of land under sub. (1).
23The rules shall allow renewal for one 10-year period without review of the
24marketability of the deposit or the zoning of the land, except that, if mining has
25begun on any portion of the registered land, the rules shall allow the person to renew
1the registration for an unlimited number of 10-year periods as long as active mining
2continues.
AB100-ASA1,1600,43
(f) Procedures and criteria for renewing the registration of land under sub.
4(1m).
AB100-ASA1,1600,75
(g) Criteria under which contiguous parcels of land owned by the same person
6and containing the same marketable nonmetallic mineral deposit may be included
7in one registration.