LRB-3513/1
MCP:amn&cjs
2023 - 2024 LEGISLATURE
June 9, 2023 - Introduced by Representative Armstrong. Referred to Committee
on Local Government.
AB319,1,4 1An Act to amend 295.11 (6) (b); and to create 295.11 (6) (a) 6., 295.12 (3) (m)
2and 295.16 (4) (k) of the statutes; relating to: asphalt or concrete plants at a
3nonmetallic mining site and modifying and creating administrative rules
4related to nonmetallic mining.
Analysis by the Legislative Reference Bureau
Under current law, all active mining sites for nonmetallic minerals such as sand
or gravel must have a valid reclamation permit from the county, city, village, or town
where the mine is located. Current law requires counties—and allows cities,
villages, and towns—to have in place a nonmetallic mining reclamation ordinance
to address how nonmetallic mining sites will be rehabilitated after mining
operations cease. Current law requires certain provisions to be included in such
ordinances, including a requirement for a mine operator to submit a reclamation
plan, pay annual fees, and provide proof of financial responsibility to meet
reclamation requirements.
This bill provides that an asphalt or concrete plant may be considered part of
a “nonmetallic mining site” that is subject to reclamation ordinances and rules,
including requirements relating to reclamation plans, fees, and financial
assurances. The bill also provides that, if an asphalt or concrete plant will be
included in a nonmetallic mining site, the reclamation plan for the site must include
the area where the plant will be located, where related structures and equipment or
stockpiles of materials will be located, and where related activities will take place.
However, under the bill, if such a plant remains in operation after the remainder of

the mining site is closed and reclaimed, the plant is no longer subject to reclamation
ordinances and rules.
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:
AB319,1 1Section 1. 295.11 (6) (a) 6. of the statutes is created to read:
AB319,2,42 295.11 (6) (a) 6. Areas where a plant or other facility for producing asphalt
3pavement or concrete is located, where related structures and equipment or
4stockpiles of materials are located, and where related activities take place.
AB319,2 5Section 2 . 295.11 (6) (b) of the statutes is amended to read:
AB319,2,96 295.11 (6) (b) “Nonmetallic mining site" does not include any area described in
7par. (a) 1. to 5. that is not used for nonmetallic mining or for purposes related to
8nonmetallic mining on or after October 14, 1997, or any area described in par. (a) 6.
9that is not used on or after October 14, 1997
.
AB319,3 10Section 3. 295.12 (3) (m) of the statutes is created to read:
AB319,2,1611 295.12 (3) (m) Except as provided in s. 295.16 (4) (k), if a plant or other facility
12for producing asphalt pavement or concrete will operate at a nonmetallic mining site,
13a requirement for the operator to include in the nonmetallic mining reclamation plan
14the area where the plant or facility will be located, where related structures and
15equipment or stockpiles of materials will be located, and where related activities will
16take place.
AB319,4 17Section 4. 295.16 (4) (k) of the statutes is created to read:
AB319,3,218 295.16 (4) (k) Any activities in areas where a plant or other facility for
19producing asphalt pavement or concrete is located, where related structures and
20equipment or stockpiles of materials are located, and where related activities take

1place, if the plant or other facility continues to operate after the closure and
2reclamation of the remainder of the nonmetallic mining site.
AB319,5 3Section 5. NR 135.02 (3) (m) of the administrative code is created to read:
AB319,3,84 NR 135.02 (3) (m) Any activities in areas where a plant or other facility for
5producing asphalt pavement or concrete is located, where related structures and
6equipment or stockpiles of materials are located, and where related activities take
7place, if the plant or other facility continues to operate after the closure and
8reclamation of the remainder of the nonmetallic mining site.
AB319,6 9Section 6. NR 135.03 (16) (a) 7. of the administrative code is created to read:
AB319,3,1210 NR 135.03 (16) (a) 7. Areas where a plant or other facility for producing asphalt
11pavement or concrete is located, where related structures and equipment or
12stockpiles of materials are located, and where related activities take place.
AB319,7 13Section 7. NR 135.03 (16) (b) 3. of the administrative code is amended to read:
AB319,3,1714 NR 135.03 (16) (b) 3. Areas Except as provided in par. (a) 7., areas previously
15mined but used after 8 months following December 1, 2000 for a non-mining activity,
16such as stockpiles of materials used for an industrial process unrelated to
17nonmetallic mining.
AB319,8 18Section 8. NR 135.03 (25) (b) 4. of the administrative code is amended to read:
AB319,3,2219 NR 135.03 (25) (b) 4. Areas previously mined but used after 8 months following
20December 1, 2000 for a non-mining activity, such as stockpiling of materials used for
21an industrial activity such as an asphalt plant, concrete batch plant, a block and tile
22operation or other industry that uses products produced from nonmetallic mining.
AB319,9 23Section 9. NR 135.03 (25) (b) 6. of the administrative code is created to read:
AB319,4,324 NR 135.03 (25) (b) 6. Areas where a plant or other facility for producing asphalt
25pavement or concrete is located, where related structures and equipment or

1stockpiles of materials are located, and where related activities take place, if the
2plant or other facility continues to operate after the closure and reclamation of the
3remainder of the nonmetallic mining site.
AB319,10 4Section 10 . NR 135.19 (2m) of the administrative code is created to read:
AB319,4,95 NR 135.19 (2m) Asphalt and concrete plants. Except as provided in s. NR
6135.02 (3) (m), if a plant or other facility for producing asphalt pavement or concrete
7will operate at a nonmetallic mining site, the reclamation plan shall include the area
8where the plant or facility will be located, where related structures and equipment
9or stockpiles of materials will be located, and where related activities will take place.
AB319,11 10Section 11. Effective dates. This act takes effect on the day after publication,
11except as follows:
AB319,4,1312 (1) Administrative rules. The treatment of administrative rules take effect as
13provided in s. 227.265.
AB319,4,1414 (End)
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