Section 135.44. Department review of pre-existing ordinances.

 

(1)  Any county or municipality that intends to enforce a nonmetallic mining reclamation ordinance that was in effect before June 1, 1993 shall submit a copy of the ordinance to the department.

(2)  If the department finds that any part of the submitted reclamation ordinance is not at least as restrictive as the requirements of this chapter, or is not adequate to effect the purposes of ch. 295 , subch. I, Stats. , and meet the requirements of this chapter, it shall communicate this finding and the basis for it to the county or municipality in writing. The county or municipality may amend its reclamation ordinance and submit the amended ordinance to the department for a determination under this subsection of whether the amended ordinance is at least as restrictive as the requirements of this chapter. The county or municipality may continue administering its reclamation ordinance while working to amend the ordinance to comply with this chapter. Where amendment is necessary pursuant to this subsection, the county or municipality shall submit a copy of the amended reclamation ordinance as enacted to the department.

History: Cr. Register, September, 2000, No. 537 , eff. 12-1-00.