Bill Summary – FastDemocracy

2023 - 2024 LEGISLATURE
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                  2023 ASSEMBLY BILL 320
    June 9, 2023 - Introduced by Representative ARMSTRONG. Referred to Committee
        on Local Government.
1   AN ACT to amend 30.201 (1) (intro.) and 295.16 (2); and to create 30.19 (1m) (i)
2        of the statutes; relating to: permits for constructing or enlarging artificial
3        water bodies for the purpose of nonmetallic mining reclamation and modifying
4        administrative rules promulgated by the Department of Natural Resources.
                       Analysis by the Legislative Reference Bureau
          This bill modifies the permit requirements for the construction or enlargement
    of certain artificial water bodies for the purpose of nonmetallic mining reclamation.
          Current law requires the Department of Natural Resources to promulgate rules
    that establish standards for nonmetallic mining reclamation, which is the
    rehabilitation of a nonmetallic mining site through activities such as removal or
    reuse of mining refuse, stabilization of soil conditions, and reestablishment of
    vegetative cover. DNR rules must include a requirement that a nonmetallic mine
    operator, prior to beginning reclamation of a site, be issued a reclamation permit by
    the county, city, village, or town where the site is located. A permit may not be issued
    unless the mine operator has submitted proof of financial responsibility.
          Under current law generally, no person may construct or enlarge an artificial
    water body that is within 500 feet of the ordinary high-water mark of, but not
    connected with, an existing navigable waterway (construction of an unconnected
    artificial water body). The bill provides that this prohibition does not apply if the
    construction of an unconnected artificial water body is for the purpose of nonmetallic
    mining.
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     ASSEMBLY BILL 320
          Current DNR administrative rules relating to nonmetallic mining apply at all
     nonmetallic mining sites, but sites that are subject to certain DNR waterway permits
     are exempt. The bill removes the exemption for nonmetallic mining sites where
     construction of an unconnected artificial water body occurs.
     The people of the state of Wisconsin, represented in senate and assembly, do
         enact as follows:
 1        SECTION 1. 30.19 (1m) (i) of the statutes is created to read:
 2        30.19 (1m) (i) The construction or enlargement of an artificial water body that
 3   would otherwise require a permit under sub. (1g) (am), if the construction or
 4   enlargement of the artificial water body is for the purpose of nonmetallic mining, as
 5   defined under s. 295.11 (3).
 6        SECTION 2. 30.201 (1) (intro.) of the statutes is amended to read:
 7        30.201 (1) (intro.) If the department requires that financial assurance be
 8   provided as a condition for a permit under s. 30.19 (1g) (a) or (c), 30.195, or 30.20 or
 9   for a contract under s. 30.20 for nonmetallic mining and reclamation, the financial
10   assurance may be a bond or alternative financial assurance. An alternative financial
11   assurance may include cash or any of the following:
12        SECTION 3. 295.16 (2) of the statutes is amended to read:
13        295.16 (2) NONMETALLIC MINING IN OR NEAR NAVIGABLE WATERWAYS. A nonmetallic
14   mining reclamation ordinance, and requirements of this subchapter other than the
15   standards established under s. 295.12 (1) (a), do not apply to any nonmetallic mining
16   site or portion of a nonmetallic mining site that is subject to permit and reclamation
17   requirements of the department under ss. 30.19 (1g) (a) and (c), 30.195, 30.20, 30.30
18   and 30.31. The nonmetallic mining standards established under s. 295.12 (1) (a) do
19   apply to a nonmetallic mining site that is subject to permit and reclamation
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    ASSEMBLY BILL 320                                                          SECTION 3
1   requirements of the department under ss. 30.19 (1g) (a) and (c), 30.195, 30.20, 30.30
2   and 30.31.
3        SECTION 4. NR 135.02 (3) (a) of the administrative code is amended to read:
4        NR 135.02 (3) (a) Nonmetallic mining at a site or that portion of a site that is
5   subject to permit and reclamation requirements of the department under s. 30.19
6   (1g) (a) or (c), 30.195, or 30.20, Stats., and complies with ch. NR 340.
7                                        (END)
Statutes affected: 
Bill Text: 30.201(1)(intro.), 30.201, 295.16(2), 295.16