2021 - 2022 LEGISLATURE
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2021 SENATE BILL 1087
March 9, 2022 - Introduced by Senator SMITH. Referred to Committee on Natural
Resources and Energy.
1 AN ACT to create 59.69 (4i), 60.61 (3e) and 62.23 (7) (hj) of the statutes; relating
2 to: notice requirements for zoning actions related to frac sand mining.
Analysis by the Legislative Reference Bureau
Under this bill, before a city, village, or county, or a town that is authorized to
exercise village powers, may take any action on an application for a frac sand mine,
the governing body of the city, village, town, or county must publish a class 2 notice
at least 30 days before the meeting at which the governing body plans to take action
on the application. Under the bill, the governing body must also send, by first class
mail, written notice of the meeting, at least 30 days before the meeting, to the owner
or occupant of any land that is located within one mile of the proposed mine.
The bill defines “frac sand” as a type of industrial sand that could be used in
deep well applications to prop open rock fissures and increase the flow rate of natural
gas or oil.
Under current law, a political subdivision is authorized to enact zoning
ordinances that regulate and restrict the height, number of stories, and size of
buildings and other structures; the percentage of a lot that may be occupied; the size
of yards and other open spaces; the density of population; the location and use of
buildings, structures, and land for various purposes; and the areas in which
agriculture, industry, mining, and other activities may be conducted.
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SENATE BILL 1087
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 59.69 (4i) of the statutes is created to read:
2 59.69 (4i) FRAC SAND MINING. (a) Definition. In this subsection, “frac sand"
3 means a type of industrial sand that could be used in deep well applications to prop
4 open rock fissures and increase the flow rate of natural gas or oil.
5 (b) Notice requirements. The board may not take any action on an application
6 for a frac sand mine unless the board gives notice of the meeting at which it plans
7 to take action on the application by publishing a class 2 notice, under ch. 985, at least
8 30 days before the meeting. The board must also send written notice of the meeting
9 by 1st class mail, at least 30 days before the meeting, to the owner or occupant of any
10 parcel of land that is located within one mile of the site where the proposed frac sand
11 mine is to be located.
12 SECTION 2. 60.61 (3e) of the statutes is created to read:
13 60.61 (3e) FRAC SAND MINING. (a) Definition. In this subsection, “frac sand"
14 means a type of industrial sand that could be used in deep well applications to prop
15 open rock fissures and increase the flow rate of natural gas or oil.
16 (b) Notice requirements. The town board may not take any action on an
17 application for a frac sand mine unless the board gives notice of the meeting at which
18 it plans to take action on the application by publishing a class 2 notice, under ch. 985,
19 at least 30 days before the meeting. The town board must also send written notice
20 of the meeting by 1st class mail, at least 30 days before the meeting, to the owner or
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SENATE BILL 1087 SECTION 2
1 occupant of any parcel of land that is located within one mile of the site where the
2 proposed frac sand mine is to be located.
3 SECTION 3. 62.23 (7) (hj) of the statutes is created to read:
4 62.23 (7) (hj) Frac sand mining. 1. In this paragraph, “frac sand" means a type
5 of industrial sand that could be used in deep well applications to prop open rock
6 fissures and increase the flow rate of natural gas or oil.
7 2. The governing body of a city may not take any action on an application for
8 a frac sand mine unless the governing body gives notice of the meeting at which it
9 plans to take action on the application by publishing a class 2 notice, under ch. 985,
10 at least 30 days before the meeting. The governing body of the city must also send
11 written notice of the meeting by 1st class mail, at least 30 days before the meeting,
12 to the owner or occupant of any parcel of land that is located within one mile of the
13 site where the proposed frac sand mine is to be located.
14 SECTION 4.0Initial applicability.
15 (1) This act first applies to an application for a frac sand mine that is filed with
16 a political subdivision on the effective date of this subsection.
17 (END)