293.61 Determination of abandonment of mining.
(1) Except as provided under sub. (2), abandonment of mining occurs if there is a cessation of mining, not set forth in an operator's mining or reclamation plans or by any other sufficient written or constructive notice, extending for more than 6 consecutive months.
(2) Abandonment of mining does not occur:
(a) If the cessation of mining is due either to labor strikes or to such unforeseen developments as adverse market conditions, as determined by the department;
(b) If the cessation of mining does not continue beyond the time period specified by the department. The time limit specified by the department may not exceed 5 years for a mining operation for which a permit is issued under s. 293.49 on or after May 19, 1984. The time limit specified by the department may not exceed 10 years for a mining operation for which a permit is issued under s. 293.49 before May 19, 1984;
(c) If the site is maintained in an environmentally stable manner, as determined by the department, during the cessation of mining; and
(d) If the reclamation of the site continues according to the reclamation plan during the cessation of mining to the extent possible.
History: 1983 a. 517 s. 1, 2; 1995 a. 227 s. 743; Stats. 1995 s. 293.61.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 293 - Nonferrous metallic mining.
293.11 - Mine effect responsibility.
293.25 - Radioactive waste site exploration.
293.31 - Preapplication notification; data collection.
293.32 - Prospecting and mining fees.
293.33 - Local impact committee.
293.35 - Application for prospecting permit.
293.37 - Application for mining permit.
293.39 - Environmental impact statement.
293.43 - Hearings on permit applications.
293.45 - Prospecting; department grant or denial of permit.
293.49 - Mining; department grant or denial of permit.
293.495 - Subsequently filed applications for other approvals.
293.51 - Bonds and other security.
293.53 - Review of permits; periodic reports.
293.59 - Cessation of mining or reclamation.
293.61 - Determination of abandonment of mining.
293.63 - Certificate of completion, partial completion and bond release.
293.65 - Withdrawal of surface waters; withdrawal of groundwater; damage claims.
293.81 - Exploring, bulk sampling, prospecting, and mining without authorization.
293.83 - Mining and reclamation; orders.
293.85 - Cancellation of permit.
293.86 - Visitorial powers of department.
293.87 - Enforcement; penalties.