66.037(1)(1)Definitions. In this section:
66.037(1)(a) (a) "Historic property" has the meaning given under s. 44.31 (3).
66.037(1)(b) (b) "Political subdivision" means a city, village, town or county.
66.037(2) (2)Acquisition of property. A political subdivision may acquire by gift, purchase or condemnation any property right in historic property, whether the property is real or personal.
66.037(3) (3)Ownership, use and disposition of property.
66.037(3)(a)(a) A political subdivision may preserve or rehabilitate any historic property which it owns, construct buildings on that property, own and maintain that property for public purposes or lease or convey that property.
66.037(3)(b) (b) If a political subdivision leases to another person historic property, the political subdivision shall include provisions in the lease which protect the historic character and qualities of that property. If the political subdivision conveys historic property, the political subdivision shall obtain a conservation easement under s. 700.40 to protect the historic character and qualities of the property.
66.037(4) (4)Consideration of effects on historic properties.
66.037(4)(a)(a) In the earliest stage of planning any action related to the following, a political subdivision shall determine if its proposed action will affect any historic property which is a listed property, as defined under s. 44.31 (4), or which is on the list of locally designated historic places under s. 44.45:
66.037(4)(a)1. 1. Long-range planning for facilities development.
66.037(4)(a)2. 2. Any action under sub. (3).
66.037(4)(a)3. 3. Razing any historic property which it owns.
66.037(4)(b) (b) A political subdivision shall notify the state historic preservation officer of any proposed action which it determines under par. (a) would affect any historic property.
66.037(5) (5)Grants. A political subdivision may make grants of funds to any public or private entity for the purpose of preserving or rehabilitating historic property.
66.037 History History: 1987 a. 395; 1989 a. 31.
66.038 66.038 Nonmetallic mining reclamation.
66.038(1) (1)Definitions. As used in this section:
66.038(1)(a) (a) "Environmental pollution" has the meaning specified under s. 299.01 (4).
66.038(1)(b) (b) "Nonmetallic mining" or "nonmetallic mining operation" means operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates such as stone, sand and gravel and nonmetallic minerals such as asbestos, beryl, clay, feldspar, peat and talc, related operations or activities such as excavation, grading or dredging if the purpose of those operations or activities is the extraction of mineral aggregates and nonmetallic minerals and related processes such as crushing, screening, scalping, dewatering and blending.
66.038(1)(c) (c) "Nonmetallic mining refuse" means waste soil, rock, mineral, liquid, vegetation and other waste material resulting from a nonmetallic mining operation. This term does not include merchantable by-products resulting directly from or displaced by the nonmetallic mining operation.
66.038(1)(d) (d) "Nonmetallic mining site" or "site" means the location where a nonmetallic mining operation is proposed or conducted including all surface areas from which materials are removed, related storage and processing areas, areas where nonmetallic mining refuse is deposited and areas disturbed by the nonmetallic mining operation by activities such as the construction or improvement of roads or haulageways.
66.038(1)(e) (e) "Operator" means any person who is engaged in a nonmetallic mining operation or nonmetallic mining site reclamation or who applies for or holds a nonmetallic mining permit issued under a nonmetallic mining reclamation ordinance whether individually, jointly or through subsidiaries, agents, employes, contractors or subcontractors.
66.038(1)(f) (f) "Reclamation" means the rehabilitation of a nonmetallic mining site including but not limited to removal of nonmetallic mining refuse, grading of the 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 and, if practical, restoration of plant, fish and wildlife habitat.
66.038(1)(g) (g) "Replacement of topsoil" means the replacement of the topsoil which was removed or disturbed by a nonmetallic mining operation or the provision of soil which is at least as adequate as the topsoil which was removed or disturbed for the purposes of providing adequate vegetative cover and stabilization of soil conditions.
66.038(2) (2)Authority to adopt ordinance. The governing body of a county, city, village or town may adopt by ordinance regulations for the reclamation of nonmetallic mining sites.
66.038(3) (3)Applicability of ordinance.
66.038(3)(a)(a) County ordinances.
66.038(3)(a)1.1. Except as provided under subd. 2., a county nonmetallic mining reclamation ordinance is applicable to each town within that county and does not require approval of the town board under s. 59.69 (5) (c).
66.038(3)(a)2. 2. A county nonmetallic mining ordinance is not applicable to a town with a town nonmetallic mining ordinance which is at least as restrictive as the county ordinance.
66.038(3)(a)3. 3. A county nonmetallic mining reclamation ordinance supersedes all less restrictive town nonmetallic mining reclamation ordinances and any less restrictive town nonmetallic mining reclamation ordinance becomes invalid upon the effective date of the superseding county ordinance.
66.038(3)(a)4. 4. A town may not adopt or enforce a less restrictive town nonmetallic mining reclamation ordinance after the effective date of a county nonmetallic mining reclamation ordinance.
66.038(3)(am) (am) Multiple county mining operations. A county nonmetallic mining reclamation ordinance is not applicable to a nonmetallic mining reclamation site located in more than one county unless:
66.038(3)(am)1. 1. That nonmetallic mining reclamation ordinance is less restrictive than any other nonmetallic mining reclamation ordinance for a county within which the site is located;
66.038(3)(am)2. 2. No other county within which the site is located has a nonmetallic mining reclamation ordinance; or
66.038(3)(am)3. 3. All counties within which the site is located have nonmetallic mining ordinances which are identical with respect to the site.
66.038(3)(b) (b) Existing nonmetallic mining operations. A nonmetallic mining reclamation ordinance may apply to any portion of a nonmetallic mining site, including unreclaimed portions of a site which were mined prior to the effective date of the ordinance.
66.038(3)(c) (c) Nonmetallic mining in or near navigable waterways. A nonmetallic mining reclamation ordinance may not apply to any nonmetallic mining site or portion of a site which is subject to permit and reclamation requirements of the department of natural resources under ss. 30.19, 30.195 and 30.20.
66.038(3)(cm) (cm) Nonmetallic mining in connection with highway construction. A nonmetallic mining reclamation ordinance may apply to a nonmetallic mining operation which is subject to permit and reclamation requirements of the department of transportation. An operator shall comply with both the nonmetallic mining reclamation ordinance and the permit and reclamation requirements of the department of transportation except that if a conflict exists, the operator shall comply with the most restrictive requirement.
66.038(3)(d) (d) Public nonmetallic mining operations. A nonmetallic mining reclamation ordinance may not exempt from the permit requirements and reclamation standards a nonmetallic mining operation conducted by or on behalf of the state or a county, city, village or town. Notwithstanding s. 13.48 (13), a nonmetallic mining operation or facility operated or constructed for the benefit or use of the state or any state agency, board, commission or department shall comply with the permit requirements and reclamation standards of any applicable reclamation ordinance. A nonmetallic mining reclamation ordinance may exempt from the financial assurance requirements a nonmetallic mining operation conducted by or on behalf of the state or a county, city, village or town.
66.038(3)(e) (e) Exempt activities. A nonmetallic mining reclamation ordinance may not apply to the following activities:
66.038(3)(e)1. 1. Excavations or grading by a person solely for domestic use at his or her residence.
66.038(3)(e)1m. 1m. Excavations or grading conducted for highway construction purposes within the highway right-of-way.
66.038(3)(e)2. 2. Grading conducted for farming, preparing a construction site or restoring land following a flood or natural disaster.
66.038(3)(e)3. 3. Excavations for building construction purposes.
66.038(3)(e)4. 4. Any mining operation, the reclamation of which is required in a permit obtained under ch. 293.
66.038(3)(e)5. 5. Any activities conducted at a solid or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under subchs. II to IV of ch. 289 or a hazardous waste disposal facility under ch. 291 but a nonmetallic mining reclamation ordinance may apply to activities related to solid or hazardous waste disposal which are conducted at a nonmetallic mining site separate from the solid or hazardous waste disposal facility such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.
66.038(4) (4)Contents of nonmetallic mining reclamation ordinance. A nonmetallic mining reclamation ordinance may:
66.038(4)(a) (a) Reclamation standards. Establish nonmetallic mining site reclamation standards which may be applicable both during nonmetallic mining operations and after the termination of nonmetallic mining operations. A nonmetallic mining reclamation ordinance may establish different nonmetallic mining site reclamation standards for sites which were mined prior to the effective date of the ordinance and for sites which are mined on or after the effective date of the ordinance. These standards may include but are not limited to requirements related to the removal of nonmetallic mining refuse, construction of haulageways and roads, grading of the 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 and, if practical, protection or restoration of plant, fish and wildlife habitat.
66.038(4)(b) (b) Operation plan. Require submission of a nonmetallic mining operation plan including maps, information about the site, a description of the proposed nonmetallic mining operation including methods and procedures to be used and a proposed timetable for completion of various stages of the nonmetallic mining operation.
66.038(4)(c) (c) Reclamation plan. Require submission of a nonmetallic mining reclamation plan including maps, information about the site, a description of the proposed reclamation including methods and procedures to be used and a proposed timetable for completion of various stages of the reclamation of the nonmetallic mining site.
66.038(4)(d) (d) Permit; standards; hearing; inspection; fee. Require a person to obtain a nonmetallic mining permit in order to engage in nonmetallic mining operations or in reclamation of a nonmetallic mining site, establish standards for the issuance, renewal, modification, suspension or revocation of this permit, require a public hearing prior to issuance or revocation of this permit and charge a nonmetallic mining permit fee sufficient to cover the cost of administering and enforcing the nonmetallic mining reclamation ordinance.
66.038(4)(e) (e) Financial assurance. Require a bond, a deposit of funds or other form of financial assurance conditioned on the faithful performance of all of the requirements of the nonmetallic mining reclamation ordinance.
66.038(4)(f) (f) Restrictions. Restrict nonmetallic mining operations or restrict, regulate or require certain activities in connection with nonmetallic mining operations or reclamation of a nonmetallic mining site in order to ensure compliance with reclamation standards, operation plans, reclamation plans, licensing standards, financial assurance requirements and other requirements of the nonmetallic mining reclamation ordinance. These restrictions, regulations and requirements may include but are not limited to specifications for separations between excavations and property boundaries, depth of excavations and segregation of topsoil.
66.038(4)(g) (g) Prohibitions and orders. Prohibit nonmetallic mining operations if the proposed nonmetallic mining site cannot be reclaimed in compliance with reclamation standards and may provide procedures for the issuance and enforcement of compliance orders, suspension orders and termination orders to ensure compliance with reclamation standards, operation plans, reclamation plans, licensing standards, financial assurance requirements and other provisions of the nonmetallic mining reclamation ordinance.
66.038(4)(h) (h) Exemptions and variances. Establish standards and procedures for granting exemptions and variances from the requirements of the nonmetallic mining reclamation ordinance.
66.038(4)(i) (i) Other provisions. Contain other provisions not enumerated under pars. (a) to (h) necessary to ensure adequate reclamation of nonmetallic mining sites.
66.038(5) (5)Inspection. An agent of a county, city, village or town which has a valid nonmetallic mining reclamation ordinance may enter the premises of a nonmetallic mining operation in the performance of his or her official duties by permission of the property owner or operator or pursuant to a special inspection warrant issued under s. 66.122 in order to inspect those premises and to ascertain compliance with the nonmetallic mining reclamation ordinance.
66.038(6) (6)Enforcement and penalties. The governing body of a county, city, village or town which has a valid nonmetallic mining reclamation ordinance or an agent designated by that governing body may issue a compliance order, suspension order or termination order as authorized in the nonmetallic mining reclamation ordinance as provided under sub. (4) (g) and may suspend or revoke the nonmetallic mining permit as authorized in the nonmetallic mining reclamation ordinance as provided under sub. (4) (d). A nonmetallic mining reclamation ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance.
66.038(7) (7)Applicability. This section does not apply after December 31, 1996.
66.038 History History: 1983 a. 176; 1993 a. 464; 1995 a. 201, 227.
66.04 66.04 Appropriations.
66.04(1)(1)Bonus to state institution. No appropriation or bonus of any kind shall be made by any town, village, or city, nor any municipal liability created nor tax levied, as a consideration or inducement to the state to locate any public educational, charitable, reformatory, or penal institution.
66.04(1)(m) (m) Subsidy of abortions restricted. No city, village or town or agency or subdivision of a city, village or town may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with s. 20.927.
66.04(2) (2)Investments.
66.04(2)(a)(a) Any county, city, village, town, school district, drainage district, technical college district or other governing board as defined by s. 34.01 (1) may invest any of its funds not immediately needed in any of the following:
66.04(2)(a)1. 1. Time deposits in any credit union, bank, savings bank, trust company or savings and loan association which is authorized to transact business in this state if the time deposits mature in not more than 3 years.
66.04(2)(a)2. 2. Bonds or securities issued or guaranteed as to principal and interest by the federal government, or by a commission, board or other instrumentality of the federal government.
66.04(2)(a)3. 3. Bonds or securities of any county, city, drainage district, technical college district, village, town or school district of this state.
66.04(2)(a)3m. 3m. Bonds issued by a local exposition district under subch. II of ch. 229.
66.04(2)(a)3p. 3p. Bonds issued by a local professional baseball park district created under subch. III of ch. 229.
66.04(2)(a)3s. 3s. Bonds issued by the University of Wisconsin Hospitals and Clinics Authority.
66.04(2)(a)4. 4. Any security which matures or which may be tendered for purchase at the option of the holder within not more than 7 years of the date on which it is acquired, if that security has a rating which is the highest or 2nd highest rating category assigned by Standard & Poor's corporation, Moody's investors service or other similar nationally recognized rating agency or if that security is senior to, or on a parity with, a security of the same issuer which has such a rating.
66.04(2)(a)5. 5. Securities of an open-end management investment company or investment trust, if the investment company or investment trust does not charge a sales load, if the investment company or investment trust is registered under the investment company act of 1940, 15 USC 80a-1 to 80a-64, and if the portfolio of the investment company or investment trust is limited to the following:
66.04(2)(a)5.a. a. Bonds and securities issued by the federal government or a commission, board or other instrumentality of the federal government.
66.04(2)(a)5.b. b. Bonds that are guaranteed as to principal and interest by the federal government or a commission, board or other instrumentality of the federal government.
66.04(2)(a)5.c. c. Repurchase agreements that are fully collateralized by bonds or securities under subd. 5. a. or b.
66.04(2)(b) (b) Any town, city or village may invest surplus funds in any bonds or securities issued under the authority of the municipality, whether the bonds or securities create a general municipality liability or a liability of the property owners of the municipality for special improvements, and may sell or hypothecate the bonds or securities. Funds of any employer, as defined by s. 40.02 (28), in a deferred compensation plan may also be invested and reinvested in the same manner authorized for investments under s. 881.01 (1).
66.04(2)(c) (c) Any local government, as defined under s. 25.50 (1) (d), may invest surplus funds in the local government pooled-investment fund. Cemetery care funds, including gifts where the principal is to be kept intact, may also be invested under ch. 881.
66.04(2)(d) (d) Any county, city, village, town, school district, drainage district, technical college district or other governing board as defined by s. 34.01 (1) may engage in financial transactions in which a public depository, as defined in s. 34.01 (5), agrees to repay funds advanced to it by the local government plus interest, if the agreement is secured by bonds or securities issued or guaranteed as to principal and interest by the federal government.
66.04(2m) (2m)Delegation of investment authority. Any county, city, village, town, school district, drainage district, technical college district or other governing board, as defined in s. 34.01 (1), may delegate the investment authority over any of its funds not immediately needed to a state or national bank, or trust company, which is authorized to transact business in this state if all of the following conditions are met:
66.04(2m)(a) (a) The institution is authorized to exercise trust powers under s. 221.0316 or ch. 223.
66.04(2m)(b) (b) The governing board renews annually the investment agreement under which it delegates its investment authority, and reviews annually the performance of the institution with which its funds are invested.
66.04(3) (3)Celebration of holidays. A town, county, school board or school district may appropriate money for the purpose of initiating or participating in appropriate celebrations of any legal holiday listed in s. 895.20.
66.04(4) (4)Invested fund proceeds in populous cities, use. In any city of the first class, all interest derived from invested funds held by the city treasurer in a custodial capacity on behalf of any political entity, except for pension funds, shall be deemed general revenues of such city and shall revert to the city's general fund, conditioned upon the approval by such political entity evidenced by a resolution adopted for that purpose.
66.04 Cross-reference Cross-reference: See also s. 157.50 (6) as to investment of municipal care funds.
66.04 Annotation See note to 219.05, citing 62 Atty. Gen. 312, as to investments in savings and loan associations.
66.04 Annotation Municipalities may only invest in certain specifically authorized bonds, securities, deposits, etc., and may not invest in mutual funds, even if assets of such funds consist solely of statutorily-allowed bonds and securities. 77 Atty. Gen. 274.
66.041 66.041 Local government audits and reports. Notwithstanding any other statute, the governing body of any county, city, village or town may require or authorize a financial audit of any municipal or county officer, department, board, commission, function or activity financed in whole or part from municipal or county funds, or if any portion of the funds thereof are the funds of such county, city, village or town. The governing body may likewise require submission of periodic financial reports by any such officer, department, board, commission, function or activity.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?