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)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.
66.04
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)(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)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)(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 History
History: 1971 c. 41 s.
12;
1971 c. 154,
211;
1975 c. 164,
180,
422;
1977 c. 29,
182;
1977 c. 187 s.
135;
1977 c. 245,
272,
367,
447;
1979 c. 221,
293,
355;
1981 c. 187;
1983 a. 189 s.
329 (21);
1983 a. 192 s.
304;
1983 a. 368;
1987 a. 27,
399;
1989 a. 307;
1991 a. 39;
1993 a. 203,
263,
399;
1995 a. 27,
56,
336.
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.
66.041 History
History: 1977 c. 29.
66.042
66.042
Withdrawal or disbursement from local treasury. 66.042(1)(1) Except as otherwise provided in
subs. (2) to
(5), in every county, city, village, town and school district, all disbursements from the treasury shall be made by the treasurer thereof upon the written order of the county, city, village, town or school clerk after proper vouchers have been filed in the office of the clerk; and in all cases where the statutes provide for payment by the treasurer without an order of the clerk, it shall hereafter be the duty of the clerk to draw and deliver to the treasurer an order therefor before or at the time when such payment is required to be made by the treasurer. The provisions of this section shall apply to all special and general provisions of the statutes relative to the disbursement of money from the county, city, village, town or school district treasury except
s. 67.10 (2).
66.042(2)
(2) Notwithstanding other law, a county having a population of 500,000 or more may, by ordinance, adopt any other method of allowing vouchers, disbursing funds, reconciling outstanding county orders, reconciling depository accounts, examining county orders, and accounting therefor consistent with accepted accounting and auditing practices, provided that the ordinance shall prior to its adoption be submitted to the department of revenue, which shall submit its recommendations on the proposed ordinance to the county board of supervisors.
66.042(3)
(3) Except as provided in
subs. (2),
(3m) and
(5), disbursements of the county, city, village, town or school district funds from demand deposits shall be by draft or order check and withdrawals from savings or time deposits shall be by written transfer order. Written transfer orders may be executed only for the purpose of transferring deposits to an authorized deposit of the public depositor in the same or another authorized public depository. The transfer shall be made directly by the public depository from which the withdrawal is made. No draft or order check issued under this subsection may be released to the payee, nor is the draft or order check valid, unless signed by the clerk and treasurer. No transfer order is valid unless signed by the clerk and the treasurer. Unless otherwise directed by ordinance or resolution adopted by the governing body, a certified copy of which shall be filed with each public depository concerned, the chairperson of the county board, mayor, village president, town chairperson or school district president, as the case may be, shall countersign all drafts or order checks and all transfer orders. The governing body may also, by ordinance or resolution, authorize additional signatures. In lieu of the personal signatures of the clerk and treasurer and such other signature as may be required, the facsimile signature adopted by the person and approved by the governing body concerned may be affixed to the draft, order check or transfer order. The use of a facsimile signature does not relieve any official from any liability to which the official is otherwise subject, including the unauthorized use of the facsimile signature. Any public depository shall be fully warranted and protected in making payment on any draft or order check or transferring pursuant to a transfer order bearing a facsimile signature affixed as provided by this subsection notwithstanding that the facsimile signature may have been placed thereon without the authority of the designated persons.
66.042(3m)
(3m) Any county, city, village, town or school district may process periodic payments through the use of money transfer techniques, including direct deposit, electronic funds transfer and automated clearinghouse methods. The county, municipal or school district treasurer shall keep a record of the date, payee and amount of each disbursement made by a money transfer technique.
66.042(4)
(4) Except as provided in
sub. (3m), if any board, commission or committee of any county, city, village, town or school district is vested by statute with exclusive control and management of a fund, including the audit and approval of payments therefrom, independently of the governing body, such payments shall be made by drafts or order checks issued by the county, city, village, town or school clerk upon the filing with him or her of certified bills, vouchers or schedules signed by the proper officers of such board, commission or committee, giving the name of the claimant or payee, and the amount and nature of each payment.
66.042(5)
(5) In cities of the 1st class, municipal disbursements of public moneys shall be by draft, order, check, order check or as provided under
sub. (3m). Checks or drafts shall be signed by the treasurer and countersigned by the comptroller. Orders shall be signed by the mayor and clerk and countersigned by the comptroller, as provided in the charter of such city. Disbursements of school moneys shall be as provided by
s. 119.50.
66.042(6)
(6) Withdrawal or disbursement of moneys deposited in a public depository as defined in
s. 34.01 (5) by a treasurer as defined in
s. 34.01 (7), other than the elected, appointed or acting official treasurer of a county, city, village, town or school district, shall be by endorsement, written order, draft, share draft, check or other draft signed by the person or persons designated by written authorization of the governing board as defined in
s. 34.01 (1). The authorization shall conform to any statute covering the disbursement of the funds. Any public depository shall be fully warranted and protected in making payment in accordance with the latest authorization filed with it.
66.042(7)
(7) No order may be issued by the county, city, village, town, special purpose district, school district, cooperative education service agency or technical college district clerk in excess of funds available or appropriated for the purposes for which the order is drawn, unless authorized by a resolution adopted by the affirmative vote of two-thirds of the entire membership of the governing body.
66.044
66.044
Financial procedure; alternative system of approving claims. 66.044(1)(1) The governing body of any village or of any city of the 2nd, 3rd or 4th class may by ordinance enact an alternative system of approving financial claims against the municipal treasury other than claims subject to
s. 893.80. The ordinance shall provide that payments may be made from the city or village treasury after the comptroller or clerk of the city or village audits and approves each claim as a proper charge against the treasury, and endorses his or her approval on the claim after having determined that the following conditions have been complied with:
66.044(1)(a)
(a) That funds are available therefor pursuant to the budget approved by the governing body.
66.044(1)(b)
(b) That the item or service covered by such claim has been duly authorized by the proper official, department head or board or commission.
66.044(1)(c)
(c) That the item or service has been actually supplied or rendered in conformity with such authorization.
66.044(1)(d)
(d) That the claim is just and valid pursuant to law. The comptroller or clerk may require the submission of such proof and evidence to support the foregoing as in that officer's discretion may be deemed necessary.
66.044(2)
(2) Such ordinance shall require that the clerk or comptroller shall file with the governing body not less than monthly a list of the claims approved, showing the date paid, name of claimant, purpose and amount.
66.044(3)
(3) The ordinance shall provide that the governing body of the city or village shall authorize an annual detailed audit of its financial transactions and accounts by a public accountant licensed under
ch. 442 and designated by the governing body.
66.044(4)
(4) Such system shall be operative only if the comptroller or clerk is covered by a fidelity bond of not less than $5,000 in villages and cities of the fourth class, of not less than $10,000 in cities of the third class, and of not less than $20,000 in cities of the second class.
66.044(5)
(5) If an alternative procedure is adopted by ordinance in conformity with this section, the claim procedure required by
ss. 61.25 (6),
61.51,
62.09 (10),
62.11 and
62.12 and other relevant provisions, except
s. 893.80, is not applicable in the city or village.
66.045
66.045
Privileges in streets. 66.045(1)
(1) Privilege for an obstruction or excavation beyond the lot line, or within a highway in any town, village, or city, other than by general ordinance affecting the whole public, shall be granted only as provided in this section.
66.045(2)
(2) Application therefor shall be made to the board or council, and the privilege shall be granted only on condition that by its acceptance the applicant shall become primarily liable for damages to person or property by reason of the granting of the privilege, be obligated to remove the same upon 10 days' notice by the state or the municipality and waive right to contest in any manner the validity of this section or the amount of compensation charged and that the applicant file such bond as the board or council require, not exceeding $10,000 running to the town, village, or city, and such third parties as may be injured, to secure the performance of these conditions. But if there is no established lot line and the application is accompanied by a blue print, the board or council may make such conditions as they deem advisable.
66.045(3)
(3) Compensation for the special privilege shall be paid into the general fund and shall be fixed, in towns by the chairperson, in villages by the president, and in cities by a board consisting of the board or commissioner of public works, city attorney and mayor.
66.045(4)
(4) The holder of such special privilege shall be entitled to no damages for removal of the obstruction or excavation, and if the holder shall not remove the same upon due notice, it shall be removed at the holder's expense.
