LRB-3917/1
RCT:kmg:km
1995 - 1996 LEGISLATURE
June 26, 1995 - Introduced by Representatives Zukowski, Handrick, Ourada,
Seratti, Gronemus, Kreibich, Springer, Coleman, Powers, Goetsch,
Brandemuehl, Ainsworth, Musser, Albers, Hahn, Silbaugh, Grothman,
Olsen and Lorge, cosponsored by Senators Schultz, Zien, Panzer, Breske and
Fitzgerald. Referred to Committee on Natural Resources.
AB463,1,2
1An Act to amend 66.038 (7); and
to create 144.9407 (8m) of the statutes;
2relating to: nonmetallic mining regulation.
Analysis by the Legislative Reference Bureau
Current law authorizes a county, city, village or town to enact an ordinance
requiring the reclamation of nonmetallic mining sites. This authority ends on
December 31, 1996. Nonmetallic mining means the extraction of materials such as
gravel, stone and topsoil, and related operations such as grading.
Current law requires the department of natural resources (DNR) to
promulgate rules that establish statewide standards for the reclamation of
nonmetallic mining sites and that include the text of a nonmetallic mining
reclamation ordinance. Under current law, within 6 months after the effective date
of DNR's rules, a county generally must enact a nonmetallic mining ordinance that
is in strict conformity with the text of the ordinance promulgated by DNR. A city,
village or town may enact a nonmetallic mining ordinance if the ordinance is in strict
conformity with DNR's rules.
This bill provides that DNR's rules that establish statewide standards for
nonmetallic mining and that include the text of a nonmetallic mining ordinance may
not take effect before July 1, 1997. The bill also extends the authority of a county,
city, village or town to enact a nonmetallic mining ordinance (without regard to
statewide standards) through December 31, 1997.
For further information see the state and 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:
AB463, s. 1
3Section
1. 66.038 (7) of the statutes is amended to read:
AB463,2,2
166.038
(7) Applicability. This section does not apply after December 31,
1996 21997.
AB463, s. 2
3Section
2. 144.9407 (8m) of the statutes is created to read:
AB463,2,54
144.9407
(8m) Applicability. (a) Rules promulgated under sub. (2) may not
5take effect before July 1, 1997.
AB463,2,66
(b) Subsections (3) to (8) do not apply before July 1, 1997.
