295.14 Authority to enact and administer ordinance.
(1) Authority to enact and administer ordinance. A city, village or town may enact and administer a nonmetallic mining reclamation ordinance, that complies with the rules under s. 295.12 (1). Except as provided in sub. (2), a city, village or town may not administer a nonmetallic mining reclamation ordinance that does not comply with the rules under s. 295.12 (1).
(2) Preexisting municipal ordinances. A city, village or town with a nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain and administer that ordinance if the department reviews the existing ordinance and determines that it is at least as restrictive as the rules under s. 295.12 (1). If the department determines that any part of the existing ordinance is not as restrictive as the rules under s. 295.12 (1), the city, village or town may amend the ordinance and submit the amended ordinance to the department for a determination of whether the amended ordinance is as restrictive as those rules. After obtaining the determination of the department that an ordinance is as restrictive as the rules under s. 295.12 (1), the city, village or town may not amend the ordinance to make it more restrictive. A city, village or town may not amend a nonmetallic mining reclamation ordinance to make it less restrictive than the rules under s. 295.12 (1).
History: 1995 a. 227 s. 804; 1997 a. 27.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining.
295.12 - Nonmetallic mining reclamation rules.
295.13 - Mandatory enactment and administration of ordinance by counties.
295.14 - Authority to enact and administer ordinance.
295.16 - Applicability of nonmetallic mining reclamation requirements.
295.19 - Enforcement; remedies; penalties.
295.20 - Preservation of marketable nonmetallic mineral deposits.
295.31 - Definitions; oil and gas.
295.33 - Oil and gas exploration and production.
295.35 - Departmental powers and duties; oil and gas.
295.37 - Penalties; oil and gas.
295.40 - Legislative findings.
295.43 - Responsibilities related to mining.
295.443 - Local impact committee; local agreement.
295.46 - Preapplication description.
295.465 - Preapplication notification.
295.47 - Application for mining permit.
295.51 - Mining waste site location criteria; feasibility study, and plan of operation.
295.53 - Environmental impact statement.
295.57 - Application procedure.
295.58 - Mining; department grant or denial of permit.
295.59 - Bonds and other security.
295.605 - Impacts to navigable waters.
295.607 - Shoreland and floodplain zoning.
295.61 - Withdrawals of surface waters and groundwater.
295.62 - Mining waste site construction and completion reports.
295.63 - Modifications; reporting.
295.635 - Required mining waste site inspections, record keeping, reporting, and responses.
295.64 - Mining site monitoring; general.
295.643 - Mining waste site monitoring.
295.645 - Groundwater quality, monitoring, and response.
295.66 - Cessation of mining or reclamation.
295.67 - Determination of abandonment of mining.
295.68 - Certificates of completion and release of security.
295.69 - Termination of proof of financial responsibility for long-term care of mining waste site.
295.695 - Inspections by the department.
295.75 - Effect of other laws.