295.607 Shoreland and floodplain zoning.
(1)
(a) In this section:
1. “Development or construction activity" means a waste site, structure, building, fill, or other development or construction activity.
2. “Shoreland zoning ordinance" means a shoreland zoning ordinance or regulation adopted under s. 59.692, 61.351, 61.353, 62.231, 62.233, or 281.31.
(2)
(a) The department may not prohibit a development or construction activity to be located in an area that would otherwise be prohibited under a shoreland zoning ordinance if the development or construction activity is authorized by the department as part of a mining operation covered by a mining permit under s. 295.58.
(b) A development or construction activity located in an area that would otherwise be prohibited under a shoreland zoning ordinance does not violate the applicable ordinance if the development or construction activity is authorized by the department as part of a mining operation covered by a mining permit under s. 295.58. No shoreland zoning variance is required for a development or construction activity located as provided under this paragraph.
(3) A municipal floodplain zoning ordinance under s. 87.30 may not prohibit development or construction activity authorized by the department as part of a mining operation covered by a mining permit under s. 295.58, except to the extent necessary for the municipality to which the floodplain zoning ordinance applies to maintain eligibility for participation in the National Flood Insurance Program.
History: 2013 a. 1, 80.
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.