LRB-1688/1
MES:jld:rs
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, Carpenter, Erpenbach, Lassa, Miller, Risser and Wirch.
Referred to Committee on Mining and Rural Development.
AB151,1,2 1An Act to create 59.69 (4i), 60.61 (3e) and 62.23 (7) (hj) of the statutes; relating
2to:
notice requirements for zoning actions related to frac sand mining.
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, before a political subdivision may take any action on an
application for a frac sand mine, the governing body must publish a class 2 notice at
least 30 days before the meeting and must also send written notice of the meeting,
by first class mail, at least 30 days before the meeting, to the owner or occupant of
any land that is located within one mile of the proposed mine.
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:
AB151,1
1Section 1. 59.69 (4i) of the statutes is created to read:
AB151,2,42 59.69 (4i) Frac sand mining. (a) Definition. In this subsection, "frac sand"
3means a type of industrial sand that could be used in deep well applications to prop
4open rock fissures and increase the flow rate of natural gas or oil.
AB151,2,115 (b) Notice requirements. The board may not take any action on an application
6for a frac sand mine unless the board gives notice of the meeting at which it plans
7to take action on the application by publishing a class 2 notice, under ch. 985, at least
830 days before the meeting. The board must also send written notice of the meeting
9by 1st class mail, at least 30 days before the meeting, to the owner or occupant of any
10parcel of land that is located within one mile of the site where the proposed frac sand
11mine is to be located.
AB151,2 12Section 2. 60.61 (3e) of the statutes is created to read:
AB151,2,1513 60.61 (3e) Frac sand mining. (a) Definition. In this subsection, "frac sand"
14means a type of industrial sand that could be used in deep well applications to prop
15open rock fissures and increase the flow rate of natural gas or oil.
AB151,2,2216 (b) Notice requirements. The town board may not take any action on an
17application for a frac sand mine unless the board gives notice of the meeting at which
18it plans to take action on the application by publishing a class 2 notice, under ch. 985,
19at least 30 days before the meeting. The town board must also send written notice
20of the meeting by 1st class mail, at least 30 days before the meeting, to the owner or
21occupant of any parcel of land that is located within one mile of the site where the
22proposed frac sand mine is to be located.
AB151,3 23Section 3. 62.23 (7) (hj) of the statutes is created to read:
AB151,3,3
162.23 (7) (hj) Frac sand mining. 1. In this paragraph, "frac sand" means a type
2of industrial sand that could be used in deep well applications to prop open rock
3fissures and increase the flow rate of natural gas or oil.
AB151,3,104 2. The governing body of a city may not take any action on an application for
5a frac sand mine unless the governing body gives notice of the meeting at which it
6plans to take action on the application by publishing a class 2 notice, under ch. 985,
7at least 30 days before the meeting. The governing body of a city must also send
8written notice of the meeting by 1st class mail, at least 30 days before the meeting,
9to the owner or occupant of any parcel of land that is located within one mile of the
10site where the proposed frac sand mine is to be located.
AB151,4 11Section 4. Initial applicability.
AB151,3,1312 (1) This act first applies to an application for a frac sand mine that is filed with
13a political subdivision on the effective date of this subsection.
AB151,3,1414 (End)
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