Section 135.17. Regulatory authority to issue reclamation permits.

 

(1)   Counties required to issue permits.

(a) Subject to subs. (2) and (3) , nonmetallic mining reclamation permits can be issued or otherwise acted on pursuant to this subchapter only by a county that has adopted and administers a nonmetallic mining reclamation ordinance, as required by s. NR 135.32 .

(b) If the department finds pursuant to sub. (3) (b) that a municipal regulatory authority's program is not in compliance with this chapter, the county in which the municipality is located shall issue or otherwise act on permits pursuant to this subchapter.

(2)   Municipalities permitted to issue permits.

(a) A municipality may issue or otherwise act on nonmetallic mining reclamation permits pursuant to this subchapter if it has adopted and administers a nonmetallic mining reclamation ordinance pursuant to this chapter. Nonmetallic mining subject to regulation by these municipal regulatory authorities are not subject to county or department permitting pursuant to this subchapter.

(b) If the department finds under sub. (3) (b) that a county's program is not in compliance with this chapter, any municipality within the county that has enacted an applicable reclamation ordinance by the time of this finding may continue to issue and otherwise act on permits pursuant to this subchapter.

(3)   Department to issue permits in certain conditions. The department shall issue or otherwise act on nonmetallic mining reclamation permits pursuant to this subchapter under either of the following conditions:

(a) Neither the county nor the municipality in which the nonmetallic mining site is located has enacted or has in effect an applicable reclamation ordinance pursuant to this chapter.

(b) The department finds, after a hearing under subch. V , that a regulatory authority's nonmetallic mining reclamation program does not comply with this chapter, except as follows:

1. If the department finds a municipal regulatory authority's program is not in compliance with this chapter, the county in which the municipality is located shall issue or otherwise act on permits pursuant to this subchapter if the county has enacted an applicable reclamation ordinance.

2. If the department finds a county's program is not in compliance with this chapter, any municipality within the county that has enacted an applicable reclamation ordinance by the time of this finding shall continue to issue and otherwise act on permits pursuant to this subchapter.

History: Cr. Register, September, 2000, No. 537 , eff. 12-1-00; CR 06-024 : am. (3) (a) Register November 2006 No. 611 , eff. 12-1-06.