SB632: Bill Text

Under this bill, a political subdivision may not enact or enforce any ordinance, resolution, or other requirement, including a zoning ordinance, that applies to a borrow site or a material disposal site. The bill also requires DOT or its contractor to give notice to each county and municipality in which a borrow site or material disposal site is located that the borrow site or material disposal site has been established.

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:

SB632,1 Section 1. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab) (intro.) and amended to read:

SB632,4,3 59.69 (10) (ab) (intro.) In this subsection "nonconforming:

SB632,4,6 2. "Nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

SB632,2 Section 2. 59.69 (10) (ab) 1. of the statutes is created to read:

SB632,5,2 59.69 (10) (ab) 1. "Nonconforming nonmetallic mining location" means land on which nonmetallic mining was occurring at any time during the 365 days before nonmetallic mining became a nonconforming use, including land that is contiguous to such land if the contiguous land is under the common ownership or control of the person who owns or controls the land on which the mining was occurring, and includes leasehold interests, without regard to whether public or private roads or waterways run through the land.

SB632,3 Section 3. 59.69 (10) (as) of the statutes is created to read:

SB632,5,11 59.69 (10) (as) An ordinance enacted under this section, that became effective after nonmetallic mineral extraction began at a nonmetallic mining location, and which is more restrictive than the requirements of any ordinance in effect at the time nonmetallic mineral extraction began, or that imposes a new restriction, may not apply to or affect the continued extraction of a nonmetallic mineral from a nonconforming nonmetallic mining location. Such continued extraction from such a location shall be considered an existing use and may not be considered an expansion of a nonconforming use.

SB632,4 Section 4. 60.61 (5) (ab) of the statutes is renumbered 60.61 (5) (ab) (intro.) and amended to read:

SB632,5,14 60.61 (5) (ab) (intro.) In this subsection "nonconforming:

SB632,5,17 2. "Nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

SB632,5 Section 5. 60.61 (5) (ab) 1. of the statutes is created to read:

SB632,5,25 60.61 (5) (ab) 1. "Nonconforming nonmetallic mining location" means land on which nonmetallic mining was occurring at any time during the 365 days before nonmetallic mining became a nonconforming use, including land that is contiguous to such land if the contiguous land is under the common ownership or control of the person who owns or controls the land on which the mining was occurring, and includes leasehold interests, without regard to whether public or private roads or waterways run through the land.

SB632,6 Section 6. 60.61 (5) (as) of the statutes is created to read:

SB632,6,9 60.61 (5) (as) An ordinance enacted under this section, that became effective after nonmetallic mineral extraction began at a nonmetallic mining location, and which is more restrictive than the requirements of any ordinance in effect at the time nonmetallic mineral extraction began, or that imposes a new restriction, may not apply to or affect the continued extraction of a nonmetallic mineral from a nonconforming nonmetallic mining location. Such continued extraction from such a location shall be considered an existing use and may not be considered an expansion of a nonconforming use.

SB632,7 Section 7. 62.23 (7) (ab) of the statutes is renumbered 62.23 (7) (ab) (intro.) and amended to read:

SB632,6,13 62.23 (7) (ab) Definition Definitions. (intro.) In this subsection "nonconforming:

SB632,6,16 2. "Nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

SB632,8 Section 8. 62.23 (7) (ab) 1. of the statutes is created to read:

SB632,6,24 62.23 (7) (ab) 1. "Nonconforming nonmetallic mining location" means land on which nonmetallic mining was occurring at any time during the 365 days before nonmetallic mining became a nonconforming use, including land that is contiguous to such land if the contiguous land is under the common ownership or control of the person who owns or controls the land on which the mining was occurring, and includes leasehold interests, without regard to whether public or private roads or waterways run through the land.

SB632,9 Section 9. 62.23 (7) (hs) of the statutes is created to read:

SB632,7,8 62.23 (7) (hs) Nonmetallic mining. An ordinance enacted under this subsection, that became effective after nonmetallic mineral extraction began at a nonmetallic mining location, and which is more restrictive than the requirements of any ordinance in effect at the time nonmetallic mineral extraction began, or that imposes a new restriction, may not apply to or affect the continued extraction of a nonmetallic mineral from a nonconforming nonmetallic mining location. Such continued extraction from such a location shall be considered an existing use and may not be considered an expansion of a nonconforming use.

SB632,10 Section 10. 66.0416 of the statutes is created to read:

SB632,7,11 66.0416 Local regulation of nonmetallic mining and related activities. (1) Definitions. In this section:

SB632,7,14 (a) "Approval" means a permit, license, or other authorization, from a political subdivision, for building or for any other activity related to the transportation of nonmetallic minerals or the processing of nonmetallic minerals.

SB632,7,15 (b) "Nonmetallic mining" has the meaning given in s. 295.11 (3).

SB632,7,21 (c) "Nonmetallic mining location" means land on which nonmetallic mining is a lawful existing use, including land that is contiguous to such land if the contiguous land is under the common ownership or control of the person who owns or controls the land on which the mining is a lawful existing use, and includes leasehold interests, without regard to whether public or private roads or waterways run through the land.

SB632,7,22 (d) "Political subdivision" means a city, village, town, or county.

SB632,7,24 (e) "Zoning ordinance" means an ordinance enacted or amended by a political subdivision under s. 59.69 (4), 60.61 (2), 60.62 (1), 61.35, or 62.23 (7) (am).

SB632,8,11 (2) Limitations on regulation. (a) If a political subdivision enacts or amends an ordinance, other than a zoning ordinance, that applies to or affects nonmetallic mining, and that became effective after nonmetallic mineral extraction began at a nonmetallic mining location, and which is more restrictive than the requirements of any ordinance in effect at the time nonmetallic mineral extraction began, or that imposes a new restriction, the ordinance may not apply to or affect the continued extraction of a nonmetallic mineral from a nonmetallic mining location where extraction was occurring at any time during the 365 days before the effective date of the political subdivision's ordinance. Such continued extraction from such a location shall be considered an existing use, and may not be considered an expansion of a nonconforming use.

SB632,8,14 (b) 1. Subject to subd. 2., if a political subdivision enacts or amends an ordinance, other than a zoning ordinance, the ordinance may not apply to or affect any of the following:

SB632,8,15 a. An existing off-site nonmetallic mineral processing facility.

SB632,8,17 b. An existing off-site transportation facility that is related to nonmetallic mining.

SB632,8,21 2. For purposes of subd. 1., an existing facility includes a facility for which a person has submitted an application for an approval or, if an approval is not required, a facility for which construction activities have commenced before the effective date of an ordinance which would otherwise apply to the facility.

SB632,8,23 (c) A political subdivision's ordinance that specifically regulates nonmetallic mining may not affect or apply to any activity other than nonmetallic mining.

SB632,11 Section 11. 84.06 (12) (b) (intro.) of the statutes is amended to read:

SB632,9,4 84.06 (12) (b) (intro.) No political subdivision may enact or enforce any ordinance, resolution, or other requirement, including a zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply , that applies to a borrow site if all of the following apply:

SB632,12 Section 12. 85.193 (2) (intro.) of the statutes is amended to read:

SB632,9,10 85.193 (2) Exemption from local zoning requirements. (intro.) No political subdivision may enact or enforce any ordinance, resolution, or other requirement, including a zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply, that applies to a borrow site or material disposal site if all of the following apply:

SB632,13 Section 13. 85.193 (3) of the statutes is created to read:

SB632,9,17 85.193 (3) Notice to political subdivisions. Prior to the commencement of any work at a borrow site or material disposal site, the department shall give notice to each political subdivision in which the borrow site or material disposal site is located that the borrow site or material disposal site has been established. In lieu of giving notice directly, the department may require the transportation project contractor for the transportation project to give the notice required under this subsection.

SB632,14 Section 14. 295.20 (1) (a) 2. of the statutes is amended to read:

SB632,9,22 295.20 (1) (a) 2. The landowner notifies each county, city, village and town that has authority to zone the land or in which the land is located of his or her intent to register the marketable nonmetallic mineral deposit. The notification shall include the evidence required under subd. 1.

SB632,15 Section 15. 295.20 (2) (title) of the statutes is amended to read:

SB632,9,24 295.20 (2) (title) Limitation on zoning local regulation.

SB632,16 Section 16. 295.20 (2) (a) of the statutes is renumbered 295.20 (2) (a) (intro.) and amended to read:

SB632,10,5 295.20 (2) (a) (intro.) A county, city, village or town may not by zoning, rezoning, granting a variance, enacting an ordinance other than a zoning ordinance, or other official action or inaction, permit do any of the following:

SB632,10,9 1. Permit the erection of permanent structures upon, or otherwise permit the use of, any land, while a registration under this section is in effect for that land, in a manner that would permanently interfere with the present or future extraction of the nonmetallic mineral deposit that is located on the land.

SB632,17 Section 17. 295.20 (2) (a) 2. of the statutes is created to read:

SB632,10,12 295.20 (2) (a) 2. Prevent the extraction of the nonmetallic mineral deposit that is located on land while a registration under this section is in effect for that land.

SB632,18 Section 18. 295.20 (2) (b) of the statutes is amended to read:

SB632,10,19 295.20 (2) (b) 1. A county, city, village or town may enact an ordinance changing the zoning of that would otherwise be prohibited under par. (a) with respect to land that is registered under this section if mining has not begun on any portion of the registered land and the ordinance is necessary to implement a master plan, comprehensive plan or land use plan that was adopted at least one year before the rezoning enactment of the ordinance.

SB632,10,23 2. A zoning change An ordinance authorized by subd. 1. does not apply to the registered land during the registration period in effect when the zoning ordinance takes effect or during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for that renewal.

SB632,10,25 3. A zoning change An ordinance authorized by subd. 1. prevents the registration of the land after the period under subd. 2.

SB632,19 Section 19. 295.20 (3) (a) of the statutes is amended to read:

SB632,11,3 295.20 (3) (a) A use of land permissible under a zoning an ordinance in effect on the day before a mineral deposit is registered under sub. (1).

SB632,20 Section 20. Initial applicability.

SB632,11,9 (1) Preservation of marketable nonmetallic mineral deposits. The treatment of section 295.20 (1) (a) 2., (2) (title) and (b), and (3) (a) of the statutes, the renumbering and amendment of section 295.20 (2) (a) of the statutes, and the creation of section 295.20 (2) (a) 2. of the statutes first apply to ordinances enacted on the effective date of this subsection.

SB632,11,10 (End)