Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB320 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-3138/1
2	2	ZDW:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 320
5	5	June 9, 2023 - Introduced by Representative ARMSTRONG. Referred to Committee
6	6	on Local Government.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to amend 30.201 (1) (intro.) and 295.16 (2); and to create 30.19 (1m) (i)
9	9	of the statutes; relating to: permits for constructing or enlarging artificial
10	10	water bodies for the purpose of nonmetallic mining reclamation and modifying
11	11	administrative rules promulgated by the Department of Natural Resources.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill modifies the permit requirements for the construction or enlargement
14	14	of certain artificial water bodies for the purpose of nonmetallic mining reclamation.
15	15	Current law requires the Department of Natural Resources to promulgate rules
16	16	that establish standards for nonmetallic mining reclamation, which is the
17	17	rehabilitation of a nonmetallic mining site through activities such as removal or
18	18	reuse of mining refuse, stabilization of soil conditions, and reestablishment of
19	19	vegetative cover. DNR rules must include a requirement that a nonmetallic mine
20	20	operator, prior to beginning reclamation of a site, be issued a reclamation permit by
21	21	the county, city, village, or town where the site is located. A permit may not be issued
22	22	unless the mine operator has submitted proof of financial responsibility.
23	23	Under current law generally, no person may construct or enlarge an artificial
24	24	water body that is within 500 feet of the ordinary high-water mark of, but not
25	25	connected with, an existing navigable waterway (construction of an unconnected
26	26	artificial water body). The bill provides that this prohibition does not apply if the
27	27	construction of an unconnected artificial water body is for the purpose of nonmetallic
28	28	mining.
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32	32	4 - 2 -2023 - 2024 Legislature LRB-3138/1
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34	34	ASSEMBLY BILL 320
35	35	Current DNR administrative rules relating to nonmetallic mining apply at all
36	36	nonmetallic mining sites, but sites that are subject to certain DNR waterway permits
37	37	are exempt. The bill removes the exemption for nonmetallic mining sites where
38	38	construction of an unconnected artificial water body occurs.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 30.19 (1m) (i) of the statutes is created to read:
42	42	30.19 (1m) (i) The construction or enlargement of an artificial water body that
43	43	would otherwise require a permit under sub. (1g) (am), if the construction or
44	44	enlargement of the artificial water body is for the purpose of nonmetallic mining, as
45	45	defined under s. 295.11 (3).
46	46	SECTION 2. 30.201 (1) (intro.) of the statutes is amended to read:
47	47	30.201 (1) (intro.) If the department requires that financial assurance be
48	48	provided as a condition for a permit under s. 30.19 (1g) (a) or (c), 30.195, or 30.20 or
49	49	for a contract under s. 30.20 for nonmetallic mining and reclamation, the financial
50	50	assurance may be a bond or alternative financial assurance. An alternative financial
51	51	assurance may include cash or any of the following:
52	52	SECTION 3. 295.16 (2) of the statutes is amended to read:
53	53	295.16 (2) NONMETALLIC MINING IN OR NEAR NAVIGABLE WATERWAYS. A nonmetallic
54	54	mining reclamation ordinance, and requirements of this subchapter other than the
55	55	standards established under s. 295.12 (1) (a), do not apply to any nonmetallic mining
56	56	site or portion of a nonmetallic mining site that is subject to permit and reclamation
57	57	requirements of the department under ss. 30.19 (1g) (a) and (c), 30.195, 30.20, 30.30
58	58	and 30.31. The nonmetallic mining standards established under s. 295.12 (1) (a) do
59	59	apply to a nonmetallic mining site that is subject to permit and reclamation
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79	79	LRB-3138/1
80	80	ZDW:skw
81	81	SECTION 3
82	82	ASSEMBLY BILL 320
83	83	requirements of the department under ss. 30.19 (1g) (a) and (c), 30.195, 30.20, 30.30
84	84	and 30.31.
85	85	SECTION 4. NR 135.02 (3) (a) of the administrative code is amended to read:
86	86	NR 135.02 (3) (a) Nonmetallic mining at a site or that portion of a site that is
87	87	subject to permit and reclamation requirements of the department under s. 30.19
88	88	(1g) (a) or (c), 30.195, or 30.20, Stats., and complies with ch. NR 340.
89	89	(END)
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