2015 - 2016 LEGISLATURE
April 8, 2015 - Introduced by Representatives Danou,
Berceau, Billings, Bowen,
Brostoff, Considine, Goyke, Hebl, Kolste, Ohnstad, Pope, Sinicki,
Spreitzer, Subeck, C. Taylor, Wachs and Zepnick, cosponsored by Senators
Vinehout, Bewley, Carpenter, Erpenbach, Lassa, Miller, Risser and Wirch.
Referred to Committee on Mining and Rural Development.
AB150,1,3
1An Act to create 59.69 (4i), 60.61 (3e) and 62.23 (7) (hj) of the statutes;
relating
2to: listing frac sand mining as a conditional or prohibited use in certain types
3of zoning ordinances.
Analysis by the Legislative Reference Bureau
Under current law, a political subdivision (a city, village, town that is
authorized to exercise village powers, or county) is authorized to enact zoning
ordinances that regulate and restrict the height, number of stories, and size of
buildings and other structures; the percentage of lot that may be occupied; the size
of yards and other open spaces; the density of population; the location and use of
buildings, structures, and land for various purposes; and the areas in which
agriculture, industry, mining, and other activities may be conducted.
Under this bill, with regard to a zoning ordinance that is enacted and relates
to agricultural use, frac sand mining must be listed as a conditional use. Also under
this bill, with regard to a zoning ordinance that is enacted and relates to residential
use, frac sand mining must be listed as a prohibited use.
The bill defines frac sand as a type of industrial sand that could be used in deep
well applications to prop open rock fissures and increase the flow rate of natural gas
or oil.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB150,1
1Section
1. 59.69 (4i) of the statutes is created to read:
AB150,2,52
59.69
(4i) Frac sand mining, zoning ordinances. (a)
Definition. In this
3subsection, "frac sand" means a type of industrial sand that could be used in deep
4well applications to prop open rock fissures and increase the flow rate of natural gas
5or oil.
AB150,2,86
(b)
Agricultural use ordinances. With regard to any zoning ordinance enacted
7under this section that relates to agricultural use, frac sand mining shall be listed
8as a conditional use.
AB150,2,119
(c)
Residential use ordinances. With regard to any zoning ordinance enacted
10under this section that relates to residential use, frac sand mining shall be listed as
11a prohibited use.
AB150,2
12Section
2. 60.61 (3e) of the statutes is created to read:
AB150,2,1613
60.61
(3e) Frac sand mining, zoning ordinances. (a)
Definition. In this
14subsection, "frac sand" means a type of industrial sand that could be used in deep
15well applications to prop open rock fissures and increase the flow rate of natural gas
16or oil.
AB150,2,1917
(b)
Agricultural use ordinances. With regard to any zoning ordinance enacted
18under this section that relates to agricultural use, frac sand mining shall be listed
19as a conditional use.
AB150,3,3
1(c)
Residential use ordinances. With regard to any zoning ordinance enacted
2under this section that relates to residential use, frac sand mining shall be listed as
3a prohibited use.
AB150,3
4Section
3. 62.23 (7) (hj) of the statutes is created to read:
AB150,3,75
62.23
(7) (hj)
Frac sand mining, zoning ordinances. 1. In this paragraph, "frac
6sand" means a type of industrial sand that could be used in deep well applications
7to prop open rock fissures and increase the flow rate of natural gas or oil.
AB150,3,98
2. With regard to any zoning ordinance enacted under this subsection that
9relates to agricultural use, frac sand mining shall be listed as a conditional use.
AB150,3,1110
3. With regard to any zoning ordinance enacted under this subsection that
11relates to residential use, frac sand mining shall be listed as a prohibited use.
AB150,4
12Section
4.
Initial applicability.
AB150,3,1413
(1) This act first applies to a zoning ordinance that takes effect on the effective
14date of this subsection.
