SB77, s. 3749
16Section
3749. 295.12 (3) (dm) of the statutes is created to read:
SB77,1498,2317
295.12
(3) (dm) A requirement that, when an operator submits an application
18for a reclamation permit for a nonmetallic mine that is operating before a date
19specified by the department in the rule, the county, city, village or town issue the
20permit on the condition that the operator submit a nonmetallic mining reclamation
21plan under par. (c) that complies with the rules under par. (c) by a deadline
22established by the county, city, village or town. The deadline shall be from 1 to 3 years
23after the date of application.
SB77, s. 3750
24Section
3750. 295.12 (3) (ds) of the statutes is created to read:
SB77,1499,3
1295.12
(3) (ds)
A requirement that the county, city, village or town issue a
2reclamation permit on the condition that the operator submit proof of financial
3responsibility in accordance with par. (g) within a time specified by the rule.
SB77, s. 3751
4Section
3751. 295.12 (3) (e) of the statutes is renumbered 295.12 (3) (e) 1., and
5295.12 (3) (e) 1. a. and b., as renumbered, are amended to read:
SB77,1499,76
295.12
(3) (e) 1. a. The examination and approval of
operation plans and 7nonmetallic mining reclamation plans.
SB77,1499,88
b. The inspection of
nonmetallic mining and nonmetallic mining reclamation.
SB77, s. 3752
9Section
3752. 295.12 (3) (e) 2. of the statutes is created to read:
SB77,1499,1110
295.12
(3) (e) 2. A prohibition on basing the fees under subd. 1. on any portion
11of a nonmetallic mining site that has been reclaimed when the fees are imposed.
SB77, s. 3753
12Section
3753. 295.12 (3) (g) of the statutes is amended to read:
SB77,1499,2013
295.12
(3) (g) A requirement for the operator to provide a bond, deposit of funds,
14established escrow account, letter of credit, demonstration of financial responsibility
15by meeting net worth requirements or other form of financial assurance conditioned
16on the faithful performance of all of the requirements of
the nonmetallic mining
17reclamation ordinance rules promulgated under this section. The rules shall
18authorize a county, city, village or town to reduce the amount of financial assurance
19that an operator is required to provide based on nonmetallic mining reclamation that
20the operator performs while the nonmetallic mine continues to operate.
SB77, s. 3754
21Section
3754. 295.12 (3) (h) of the statutes is amended to read:
SB77,1500,522
295.12
(3) (h) Provisions to restrict
nonmetallic mining or restrict, regulate or
23require certain activities in connection with
nonmetallic mining or nonmetallic
24mining reclamation in order to ensure compliance with nonmetallic mining
25reclamation standards,
operation plans, nonmetallic mining reclamation plans,
1licensing standards, financial assurance requirements and other requirements of
2the
nonmetallic mining reclamation ordinance. These restrictions, regulations and
3requirements may include requirements for separations between excavations and
4property boundaries, for depth of excavations and for segregation of topsoil rules
5promulgated under this section.
SB77, s. 3755
6Section
3755. 295.12 (3) (i) of the statutes is amended to read:
SB77,1500,107
295.12
(3) (i) A prohibition on nonmetallic mining if a proposed nonmetallic
8mining site
, other than a nonmetallic mining site in existence before the effective
9date of the ordinance, cannot be reclaimed in compliance with the nonmetallic
10mining reclamation standards
in the ordinance under sub. (1) (a).
SB77, s. 3756
11Section
3756. 295.12 (3) (j) of the statutes is repealed.
SB77, s. 3757
12Section
3757. 295.12 (3) (k) of the statutes is amended to read:
SB77,1500,1313
295.12
(3) (k) A provision for
orders and penalties consistent with s. 295.19
(3).
SB77, s. 3758
14Section
3758. 295.12 (3) (L) of the statutes is amended to read:
SB77,1500,1715
295.12
(3) (L)
Standards Criteria and procedures for
granting exemptions and
16variances from approving alternatives to the requirements of the nonmetallic
17mining reclamation
ordinance standards under sub. (1) (a).
SB77, s. 3759
18Section
3759. 295.13 of the statutes is amended to read:
SB77,1501,2
19295.13 (title)
Mandatory enactment and administration of ordinance
20by counties. (1) Mandatory enactment and administration of ordinance. (a)
21Requirement to enact and administer ordinance. Within 6 months after the effective
22date of the rules under s. 295.12 (1), each county shall enact
and begin to administer 23a nonmetallic mining reclamation ordinance
, the text of which is in strict conformity
24with the text of the ordinance established under s. 295.12 (1) (d)
that complies with
1those rules, except as provided in
sub.
subs. (2)
and (2m). This ordinance may be
2enacted separately from an ordinance enacted under s. 59.69.
SB77,1501,16
3(2) Preexisting county ordinances. Any county with a nonmetallic mining
4reclamation ordinance in effect on June 1, 1993, may maintain and administer that
5ordinance if the department reviews the existing ordinance and determines that it
6is at least as restrictive as the
ordinance established rules under s. 295.12 (1)
(d).
7If the department determines that any part of the existing ordinance is not as
8restrictive as the
ordinance established rules under s. 295.12 (1)
(d), the county may
9amend the ordinance and submit the amended ordinance to the department for
10approval a determination of whether the amended ordinance is as restrictive as
11those rules. After obtaining the
approval determination of the department
under
12this subsection that an ordinance is as restrictive as the rules under s. 295.12 (1), the
13county may not amend the ordinance to make it more restrictive.
After obtaining the
14approval of the department under this subsection, the A county may not amend
the 15a nonmetallic mining reclamation ordinance to make it less restrictive than the
16ordinance established requirements in the rules under s. 295.12 (1)
(d).
SB77,1501,19
17(3) Applicability of county ordinance. The An ordinance under sub. (1) or (2)
18applies to the entire area of the county, except for cities, villages and towns that enact
19and administer a nonmetallic mining reclamation ordinance under s. 295.14.
SB77, s. 3760
20Section
3760. 295.13 (2m) of the statutes is created to read:
SB77,1501,2521
295.13
(2m) Option for certain counties. In a county with a population of
22700,000 or more, if every city, village and town that contains a nonmetallic mining
23site has enacted an ordinance under s. 295.14 by the first day of the 4th month
24beginning after the effective date of the rules promulgated under s. 295.12 (1), the
25county is not required to enact an ordinance under this section.
SB77, s. 3761
1Section
3761. 295.14 of the statutes is amended to read:
SB77,1502,9
2295.14 Authority to enact and administer ordinance. (1) Authority to
3enact and administer ordinance. A city, village or town may enact and administer
4a nonmetallic mining reclamation ordinance,
the text of which is in strict conformity
5with the text of the ordinance that complies with the rules under s. 295.12 (1)
(d).
6Except as provided in sub. (2), a city, village or town may not administer a
7nonmetallic mining reclamation ordinance
, the text of which is not in strict
8conformity with the text of the ordinance that does not comply with the rules under
9s. 295.12 (1)
(d).
SB77,1502,24
10(2) Preexisting municipal ordinances. A city, village or town with a
11nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain
12and administer that ordinance if the department reviews the existing ordinance and
13determines that it is at least as restrictive as the
ordinance established rules under
14s. 295.12 (1)
(d). If the department determines that any part of the existing ordinance
15is not as restrictive as the
ordinance established
rules under s. 295.12 (1)
(d), the city,
16village or town may amend the ordinance and submit the amended ordinance to the
17department for
approval a determination of whether the amended ordinance is as
18restrictive as those rules. After obtaining the
approval determination of the
19department
under this subsection that an ordinance is as restrictive as the rules
20under s. 295.12 (1), the city, village or town may not amend the ordinance to make
21it more restrictive.
After obtaining the approval of the department under this
22subsection, the A city, village or town may not amend
the a nonmetallic mining
23reclamation ordinance to make it less restrictive than the
ordinance established 24rules under s. 295.12 (1)
(d).
SB77, s. 3762
25Section
3762. 295.16 (title) of the statutes is amended to read:
SB77,1503,2
1295.16 (title)
Applicability of ordinance and standards nonmetallic
2mining reclamation requirements.
SB77, s. 3763
3Section
3763. 295.16 (1) of the statutes is repealed and recreated to read:
SB77,1503,74
295.16
(1) Nonmetallic mining for transportation purposes. (a)
5Notwithstanding par. (b), any requirements of the department of transportation
6concerning the restoration of a nonmetallic mining site shall be consistent with the
7nonmetallic mining reclamation standards established under s. 295.12 (1) (a).
SB77,1503,138
(b) A nonmetallic mining ordinance and the rules promulgated under s. 295.12
9(1) do not apply to nonmetallic mining to obtain stone, soil, sand or gravel for the
10construction, maintenance or repair of a highway, railroad, airport facility or any
11other transportation facility, if the nonmetallic mining is subject to the requirements
12of the department of transportation concerning the restoration of the nonmetallic
13mining site.
SB77, s. 3764
14Section
3764. 295.16 (2) of the statutes is amended to read:
SB77,1503,2215
295.16
(2) Nonmetallic mining in or near navigable waterways. A nonmetallic
16mining reclamation ordinance
, and
requirements of this subchapter other than the
17standards established under s. 295.12 (1) (a)
, do not apply to any nonmetallic mining
18site or portion of a nonmetallic mining site that is subject to permit and reclamation
19requirements of the department under ss. 30.19, 30.195, 30.20, 30.30 and 30.31.
The
20nonmetallic mining standards established under s. 295.12 (1) (a) do apply to a
21nonmetallic mining site that is subject to permit and reclamation requirements of
22the department under ss. 30.19, 30.195, 30.20, 30.30 and 30.31.
SB77, s. 3765
23Section
3765. 295.16 (4) (b) of the statutes is amended to read:
SB77,1504,324
295.16
(4) (b) Excavations or grading conducted for
highway the construction
25purposes within the highway right-of-way, reconstruction, maintenance or repair
1of a highway, railroad, airport facility or any other transportation facility if the
2excavation or grading is within the property boundaries of the transportation
3facility.
SB77, s. 3766
4Section
3766. 295.16 (4) (g) of the statutes is amended to read:
SB77,1504,145
295.16
(4) (g) Any activities
conducted at a solid waste or hazardous waste
6disposal site required to prepare, operate or close a solid waste disposal facility under
7subchs. II to IV of ch. 289 or a hazardous waste disposal facility under ch. 291
that
8are conducted on the property on which the facility is located, but a nonmetallic
9mining reclamation ordinance and the standards established under s. 295.12 (1) (a)
10apply to activities related to solid waste or hazardous waste disposal that are
11conducted at a nonmetallic mining site that is not
part of on the property on which 12the solid waste or hazardous waste disposal facility
is located such as activities to
13obtain nonmetallic minerals to be used for lining, capping, covering or constructing
14berms, dikes or roads.
SB77, s. 3767
15Section
3767. 295.16 (4) (h) of the statutes is repealed.
SB77, s. 3768
16Section
3768. 295.17 (1) of the statutes is amended to read:
SB77,1505,217
295.17
(1) An agent of a county, city, village or town that has a
valid nonmetallic
18mining reclamation ordinance
that complies with s. 295.13 or 295.14 may enter a
19nonmetallic mining site in the performance of his or her official duties at any
20reasonable time in order to inspect those premises and to ascertain compliance with
21the nonmetallic mining reclamation ordinance this subchapter. No person may
22refuse entry or access to an agent of the county, city, village or town who requests
23entry for purposes of inspection, and who presents appropriate credentials. No
24person may obstruct, hamper or interfere with the inspection. The county, city,
1village or town shall furnish to the operator any report prepared by the county, city,
2village or town regarding the inspection.
SB77, s. 3769
3Section
3769. 295.18 (1) (intro.) of the statutes is amended to read:
SB77,1505,84
295.18
(1) Review. (intro.) The department shall
periodically review the
5nonmetallic mining reclamation program under this subchapter of each county and
6each city, village or town that exercises jurisdiction under this subchapter to
7ascertain compliance with this subchapter and the rules promulgated under this
8subchapter. This review shall include all of the following:
SB77, s. 3770
9Section
3770. 295.18 (1) (c) of the statutes is amended to read:
SB77,1505,1210
295.18
(1) (c) A written determination by the department, issued
every 3 at
11least once every 10 years, of whether
or not the county, city, village or town is in
12compliance with this subchapter and rules promulgated under this subchapter.
SB77, s. 3771
13Section
3771. 295.18 (2) of the statutes is amended to read:
SB77,1505,2314
295.18
(2) Noncompliance; hearing. If the department determines under sub.
15(1) that a county, city, village or town is not in compliance with this subchapter and
16rules promulgated under this subchapter, the department shall
notify the county,
17city, village or town of that determination. If the department determines that a
18county, city, village or town has not come into compliance after notification, the
19department shall consult with the nonmetallic mining council. If the department
20decides to pursue the matter, it shall conduct a hearing, after 30 days' notice, in the
21county, city, village or town. As soon as practicable after the hearing, the department
22shall issue a written decision regarding compliance with this subchapter and rules
23promulgated under this subchapter.
SB77, s. 3772
24Section
3772. 295.18 (4) of the statutes is amended to read:
SB77,1506,18
1295.18
(4) County noncompliance; consequences. If the department
2determines issues a written decision under sub. (2) that a county is not in compliance
3with this subchapter and rules promulgated under this subchapter, the department
4shall administer the nonmetallic mining reclamation program in that county,
5including the collection of fees, review and approval of plans, inspection of
6nonmetallic mining sites and enforcement
, except that the department may not
7administer the nonmetallic mining reclamation program in a city, village or town
8that enacted an ordinance that complies with s. 295.14 before the department made
9its determination under sub. (2) and is administering that ordinance. The county
10may apply to the department at any time to resume administration of the
11nonmetallic mining reclamation program. The department, after a hearing, may
12approve the county request to administer the nonmetallic mining reclamation
13program if the county demonstrates the capacity to comply with this subchapter and
14rules promulgated under this subchapter. No city, village or town may enact an
15ordinance
under s. 295.14 for and begin to implement a nonmetallic mining
16reclamation program during the time that the department administers the
17nonmetallic mining reclamation program in the county in which the city, village or
18town is located.
SB77, s. 3773
19Section
3773. 295.19 (1) (intro.), (a), (b) and (c) of the statutes are amended
20to read:
SB77,1506,2421
295.19
(1) Orders; enforcement. (intro.) The governing body of a county, city,
22village or town that has a
valid nonmetallic mining reclamation ordinance
that
23complies with s. 295.13 or 295.14, or an agent designated by that governing body,
24may do any of the following:
SB77,1507,5
1(a) Issue
a compliance order, suspension order or termination an order
as
2authorized in requiring an operator to comply with, or to cease violating, this
3subchapter, rules promulgated under this subchapter, the nonmetallic mining
4reclamation ordinance
, a nonmetallic mining reclamation permit or an approved
5nonmetallic mining reclamation plan.
SB77,1507,86
(b)
Modify, suspend or revoke Issue an order suspending or revoking a
7nonmetallic mining permit as authorized in the nonmetallic mining reclamation
8ordinance.
SB77,1507,149
(c) Issue
a special an order directing
the immediate cessation of an operator to
10immediately cease an activity regulated under this subchapter
, under rules
11promulgated under this subchapter or under the nonmetallic mining reclamation
12ordinance until the necessary
nonmetallic mining reclamation plan approval is
13obtained
or until the nonmetallic mining site complies with the nonmetallic mining
14reclamation ordinance.
SB77, s. 3774
15Section
3774. 295.19 (2) of the statutes is amended to read:
SB77,1507,1916
295.19
(2) Department orders. The department may issue
a special an order
17directing the immediate cessation of an activity regulated under this subchapter
18until the nonmetallic mining site complies with the nonmetallic mining reclamation
19standards established under s. 295.12 (1) (a).
SB77, s. 3775
20Section
3775. 295.19 (3) (b) 1. of the statutes is amended to read:
SB77,1507,2521
295.19
(3) (b) 1. Except for the violations enumerated in par. (a), any person
22who violates this subchapter or any rule promulgated or any plan approval
, license
23or special order issued under this subchapter shall forfeit not less than $10 nor more
24than $5,000 for each violation. Each day of continued violation is a separate offense.
25While
the an order is suspended, stayed or enjoined, this penalty does not accrue.
SB77, s. 3776
1Section
3776. 295.20 (title) of the statutes is amended to read:
SB77,1508,3
2295.20 (title)
Preservation of certain marketable nonmetallic mineral
3deposits.
SB77, s. 3777
4Section
3777. 295.20 (1) of the statutes is renumbered 295.20 (1) (a) (intro.)
5and amended to read:
SB77,1508,96
295.20
(1) (a) (intro.) Beginning on
June 1,
1994 the effective date of this
7paragraph .... [revisor inserts date], a landowner may register land owned by that
8person
with each county in which the land is located if the under this section if all
9of the following apply:
SB77,1508,13
101. The land has
an economically viable a marketable nonmetallic mineral
11deposit
, as evidenced by the certification of a professional geologist registered under
12s. 443.037 or a professional engineer registered under s. 443.04 and by any other
13information required under sub. (4).
SB77,1508,18
14(c) The registration shall delineate the nonmetallic mineral deposit and
the
15necessary buffer areas under the nonmetallic mining reclamation ordinance. The
16landowner, as a condition of registration, shall submit evidence that a notation of the
17registration has been is valid only if recorded in the office of the register of deeds in
18each county in which the nonmetallic mineral deposit
or buffer area is located.
A
SB77,1508,22
19(d) Except as provided under sub. (4) (d), a registration under this subsection
20may not be rescinded by the county or the landowner or his or her successors or
21assigns lasts for 10 years and may be renewed for one additional 10-year period as
22provided in the rules under sub. (4) (e).
SB77, s. 3778
23Section
3778. 295.20 (1) (a) 2. and 3. of the statutes are created to read:
SB77,1509,224
295.20
(1) (a) 2. The landowner notifies each county, city, village and town that
25has authority to zone the land of his or her intent to register the marketable
1nonmetallic mineral deposit. The notification shall include the evidence required
2under subd. 1.
SB77,1509,53
3. Nonmetallic mining is a permitted or conditional use for the land that is
4proposed to be registered under any zoning that is in effect on the day on which the
5landowner makes the notification under subd. 2.
SB77, s. 3779
6Section
3779. 295.20 (1) (b) of the statutes is created to read:
SB77,1509,127
295.20
(1) (b) A governmental unit that receives notification under par. (a) 2.
8may contest registration under this subsection, in the circuit court for a county in
9which the land is located, on the grounds that there is not a marketable nonmetallic
10mineral deposit on the land or that par. (a) 3. is not satisfied. The governmental unit
11has the burden of proving, by a preponderance of the evidence, that one of those
12grounds exists.
SB77, s. 3780
13Section
3780. 295.20 (1m) of the statutes is created to read:
SB77,1509,1714
295.20
(1m) Previously registered deposits. Land registered under sub. (1)
15before the effective date of this subsection .... [revisor inserts date], shall remain
16registered for 10 years after the initial date of registration. The registration may be
17renewed as provided under sub. (4) (f).
SB77, s. 3781
18Section
3781. 295.20 (2) of the statutes is renumbered 295.20 (2) (a) and
19amended to read:
SB77,1510,220
295.20
(2) (a) A county, city, village or town may not by zoning, rezoning,
21granting a variance, or other official action or inaction, permit the erection of
22permanent structures upon, or otherwise permit the use of, any
registered
23nonmetallic mineral deposit or registered buffer area land, while a registration
24under this section is in effect for that land, in a manner that would permanently
1interfere with the present or future extraction of the nonmetallic mineral deposit
or 2maintenance of the buffer area that is located on the land.
SB77, s. 3782
3Section
3782. 295.20 (2) (b) of the statutes is created to read:
SB77,1510,74
295.20
(2) (b) 1. A county, city, village or town may enact an ordinance changing
5the zoning of land that is registered under this section if the ordinance is necessary
6to implement a master plan, comprehensive plan or land use plan that was adopted
7at least one year before the rezoning.
SB77,1510,118
2. A zoning change authorized by subd. 1. does not apply to the registered land
9during the registration period in effect when the zoning ordinance takes effect or
10during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for
11that renewal.
SB77,1510,1312
3. A zoning change authorized by subd. 1. prevents the registration of the land
13after the period under subd. 2.
SB77, s. 3783
14Section
3783. 295.20 (3) (a) and (b) of the statutes are amended to read:
SB77,1510,1615
295.20
(3) (a) A use of land permissible under a zoning ordinance
in effect on
16the day before a mineral deposit or buffer area is registered under sub. (1).
SB77,1510,2017
(b) Acquisition of a registered nonmetallic mineral deposit or registered buffer
18area by a county, city, village or town or other governmental unit for a public purpose
19if the use of the land does not permanently interfere with the extraction of
20nonmetallic minerals or maintenance of the buffer area.
SB77, s. 3784
21Section
3784. 295.20 (4) of the statutes is created to read:
SB77,1510,2322
295.20
(4) Rules. The department shall promulgate rules that contain all of
23the following:
SB77,1510,2424
(a) A definition of "marketable nonmetallic mineral deposit".
SB77,1511,2
1(b) Procedures and requirements for registering marketable nonmetallic
2mineral deposits under sub. (1).
SB77,1511,43
(c) Procedures and criteria for objecting to the proposed registration of a
4nonmetallic mineral deposit.
SB77,1511,65
(d) Procedures for terminating the registration of land under this section when
6there is no longer a marketable nonmetallic mineral deposit on the land.