AB697: Bill Text

LRB-3867/3

RCT:kmg:ch

1995 - 1996 LEGISLATURE

1995 Assembly BILL 697

November 27, 1995 - Introduced by Representatives Zukowski, Gronemus, Ourada, Hasenohrl, Albers, Ainsworth, Brandemuehl, Kreibich, Gard, Handrick, Ziegelbauer, Seratti, Musser, Owens, Coleman, Olsen, Grothman and Skindrud, cosponsored by Senators Schultz, Welch, Fitzgerald and Zien. Referred to Committee on Natural Resources.

AB697,1,8 An Act to repeal 20.370 (2) (gi), 144.9407 (2) (a) 2. and 2m., 144.9407 (2) (b) 10., 144.9407 (3) (title), (a) and (b), 144.9407 (4) (b), 144.9407 (4m), 144.9407 (7), 144.9407 (8) and 144.9407 (9); to renumber and amend 144.9407 (3) (c); to amend 66.038 (7), 91.75 (9) (a) 1., 144.9407 (1) (b), 144.9407 (2) (a) 1., 144.9407 (2) (a) 3., 144.9407 (2) (am) 3., 144.9407 (2) (b) (intro.), 144.9407 (2) (b) 4., 144.9407 (2) (b) 5. (intro.), 144.9407 (4) (a), 144.9407 (5) (a) and (b), 144.9407 (5) (d) and 144.9407 (5) (e) (intro.); and to create 144.9407 (2) (b) 12. and 144.9407 (8m) of the statutes; relating 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 reclamation 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 reclamation ordinance if the ordinance is in strict conformity with DNR's rules.

Under this bill, DNR promulgates, by rule, a model nonmetallic mining reclamation ordinance that includes standards for the reclamation of nonmetallic mining sites. Counties, cities, villages and towns are authorized, but not required, to enact nonmetallic mining reclamation ordinances. These ordinances need not conform with the text of DNR's model ordinance.

Under current law, the nonmetallic mining reclamation standards for portions of a nonmetallic mining site that are mined on or after the effective date of an ordinance must require replacement of topsoil. This bill eliminates that requirement. Under current law, the nonmetallic mining standards for portions of a nonmetallic mining site that are mined on or after the effective date of an ordinance must require the restoration of plant, fish and wildlife habitat, if that restoration is practical. This bill eliminates that requirement. Under this bill, DNR's model ordinance must require that the portions of a nonmetallic mining site that are mined on or after the effective date of an ordinance be restored to a valuable use.

Under current law, after adopting an ordinance that conforms with DNR's rules a county, city, village or town is required to collect fees from persons engaging in, or proposing to engage in, nonmetallic mining. A portion of those fees must be forwarded to DNR for DNR's costs of administering the nonmetallic mining reclamation program. This bill eliminates those fee requirements.

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 January 1, 1997.

Under current law, a landowner may register land with the county in which the land is located if the land has an economically viable nonmetallic mineral deposit. A registration may not be rescinded. After land is registered, a county, city, village or town may not, by zoning or any other official action or inaction, permit the use of the land in a manner that would permanently interfere with the extraction of the nonmetallic mineral deposit. This limitation does not prohibit a use of the land that is permissible immediately before the land is registered.

This bill eliminates the provisions concerning the registration of nonmetallic mineral deposits.

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:

AB697, s. 1 Section 1. 20.370 (2) (gi) of the statutes is repealed.

AB697, s. 2 Section 2. 66.038 (7) of the statutes is amended to read:

AB697,2,4 66.038 (7) Applicability. This section does not apply after December 31, 1996 June 30, 1997.

AB697, s. 3 Section 3. 91.75 (9) (a) 1. of the statutes is amended to read:

AB697,3,3 91.75 (9) (a) 1. A reclamation plan, submitted as required by a nonmetallic mining reclamation ordinance adopted under s. 66.038 or 144.9407 (3) (4), that fulfills reclamation standards established by the ordinance.

AB697, s. 4 Section 4. 144.9407 (1) (b) of the statutes is amended to read:

AB697,3,11 144.9407 (1) (b) "Nonmetallic mining reclamation" means the rehabilitation of a nonmetallic mining site, including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, replacement of topsoil, stabilization of soil conditions, establishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution, construction of fences where necessary and, if practical, restoration of plant, fish and wildlife habitat restoration of the nonmetallic mining site to a valuable use.

AB697, s. 5 Section 5. 144.9407 (2) (a) 1. of the statutes is amended to read:

AB697,3,14 144.9407 (2) (a) 1. Uniform statewide standards Standards for nonmetallic mining reclamation for inclusion in the model ordinance under subd. 3.

AB697, s. 6 Section 6. 144.9407 (2) (a) 2. and 2m. of the statutes are repealed.

AB697, s. 7 Section 7. 144.9407 (2) (a) 3. of the statutes is amended to read:

AB697,3,18 144.9407 (2) (a) 3. The text of a model nonmetallic mining reclamation ordinance that conforms with this section.

AB697, s. 8 Section 8. 144.9407 (2) (am) 3. of the statutes is amended to read:

AB697,4,3 144.9407 (2) (am) 3. Standards for those portions of a nonmetallic mining site that are mined on or after the effective date of the ordinance shall include requirements related to the removal or reuse of nonmetallic mining refuse, removal of roads no longer in use, stabilization of soil conditions, grading the nonmetallic mining site, replacement of topsoil, establishment of vegetative cover, control of surface water flow and groundwater withdrawal, prevention of environmental pollution, construction of fences where necessary and, if practical, protection or restoration of plant, fish and wildlife habitat restoration of the nonmetallic mining site to a valuable use.

AB697, s. 9 Section 9. 144.9407 (2) (b) (intro.) of the statutes is amended to read:

AB697,4,6 144.9407 (2) (b) Text of ordinance. (intro.) The text of the model nonmetallic mining reclamation ordinance under par. (a) 3. shall include all of the following:

AB697, s. 10 Section 10. 144.9407 (2) (b) 4. of the statutes is amended to read:

AB697,5,2 144.9407 (2) (b) 4. A requirement for the operator to obtain a nonmetallic mining permit in order to engage in nonmetallic mining or in nonmetallic mining reclamation; a requirement for a 5-year permit term unless a shorter permit term is requested by the applicant; standards for the issuance, renewal, modification, suspension or revocation of the permit; a requirement for public notice and an opportunity for a public hearing before issuance, renewal, modification, suspension or revocation of the permit; a requirement to conduct a public hearing on the issuance, renewal or modification of a permit, if requested within 30 days after receipt of the nonmetallic mining operation and reclamation plan; a right for any person who meets the requirements of s. 227.42 (1) to obtain a contested case hearing under ch. 68 on the issuance, renewal, modification, suspension or revocation of a permit; a requirement for cooperative issuance of a single permit if more than one county or municipality has jurisdiction over the nonmetallic mining site; a requirement for issuance of a single permit for all nonmetallic mining sites operated by the same person in a county or municipality, with nonmetallic mining sites to be added or deleted by permit modification and with separate permit conditions, fees and financial assurance for each nonmetallic mining site; and a requirement that action approving, denying or conditionally approving a permit be taken within 90 days after receipt of the mining operation and mining reclamation plans or, if a public hearing is held, within 60 days after the close of the public hearing.

AB697, s. 11 Section 11. 144.9407 (2) (b) 5. (intro.) of the statutes is amended to read:

AB697,5,7 144.9407 (2) (b) 5. (intro.) A provision imposing annual fees as determined by the department for the administration of sub. (7) and imposing annual fees as determined by the county, city, village or town that shall, as closely as possible, equal the cost of all of the following:

AB697, s. 12 Section 12. 144.9407 (2) (b) 10. of the statutes is repealed.

AB697, s. 13 Section 13. 144.9407 (2) (b) 12. of the statutes is created to read:

AB697,5,16 144.9407 (2) (b) 12. Provisions to encourage the resumption of nonmetallic mining at sites where nonmetallic mining operations have ceased before the effective date of the ordinance, including the waiver of fees under subd. 5. and financial assurance under subd. 6. associated with those sites and the application of the nonmetallic mining reclamation standards under par. (am) 2. for portions of a nonmetallic mining site mined before the effective date of the ordinance to the entire area of those sites.

AB697, s. 14 Section 14. 144.9407 (3) (title), (a) and (b) of the statutes are repealed.

AB697, s. 15 Section 15. 144.9407 (3) (c) of the statutes is renumbered 144.9407 (4) (c) and amended to read:

AB697,5,23 144.9407 (4) (c) Applicability of county ordinance. The An ordinance adopted by a county under par. (a) or (b) applies to the entire area of the county, except for cities, villages and towns that enact and administer a nonmetallic mining reclamation ordinance under sub. (4) par. (a).

AB697, s. 16 Section 16. 144.9407 (4) (a) of the statutes is amended to read:

AB697,6,7 144.9407 (4) (a) Authority to enact and administer ordinance. A county, city, village or town may enact and administer a nonmetallic mining reclamation ordinance, the text of which is in strict conformity which need not conform with the text of the model ordinance under sub. (2) (a) 3. Except as provided in par. (b), a city, village or town may not administer a nonmetallic mining reclamation ordinance, the text of which is not in strict conformity with the text of the ordinance under sub. (2) (a) 3.

AB697, s. 17 Section 17. 144.9407 (4) (b) of the statutes is repealed.

AB697, s. 18 Section 18. 144.9407 (4m) of the statutes is repealed.

AB697, s. 19 Section 19. 144.9407 (5) (a) and (b) of the statutes are amended to read:

AB697,6,15 144.9407 (5) (a) Existing nonmetallic mining. A nonmetallic mining reclamation ordinance and the standards established under sub. (2) (a) 1. may apply to all portions of a nonmetallic mining site, including unreclaimed portions of a nonmetallic mining site that relate to nonmetallic mining that occurred before the effective date of the ordinance.