[1]
Editor's Note: See also Ch. 354, Gravel, Sand and Fill Removal.
The purpose of this article is to provide for sand, gravel, and soil extraction uses which are located by geological considerations in conjunction with the planning and zoning processes; to provide environmentally sound extraction practices; to promote aesthetic values; to provide for environmentally sound reclamation of land disturbed by extraction activities through an impartial series of standards and regulations governing extraction; and to protect public health, safety and general welfare.
A. 
The Tribal Legislature has determined that within this chapter and article "extraction" means the removal of specifically sand, gravel, and soil. The removal of any surface or subsurface material other than specified above is not "extraction" and therefore prohibited.
B. 
The Tribal Legislature has determined that sand, gravel, and soil are natural resources of the Menominee Indian Tribe of Wisconsin and shall be shared by all members of the Tribe. The Zoning Administrator shall be responsible for managing, regulating, and maintaining any extraction sites.
A. 
Extraction shall occur only at the specified sites located on the Official Current Zoning Maps and approved by the Zoning Administrator. Extraction sites shall be identified on the Official Current Zoning Maps by the crossed pick-axe symbol - .
625 Pick-Axe Symbol.tif
B. 
Any Tribal member requesting extraction shall do so in accordance with the extraction policies and procedures located in the Department.
C. 
The Zoning Administrator shall have authority to impose reasonable restrictions to assure a properly managed extraction site.
D. 
Extraction shall be subject to the regulations and restrictions of this article as well as any other tribal ordinance or federal regulation.
A. 
Any person or entity desiring to pursue extraction activities shall file for a permit with the Department in accordance with the extraction policies and procedures located in the Department.
B. 
All new extraction sites shall be established by the Zoning Administrator and shall be subject to § 625-252 (Amendments).
C. 
Exempt activities. The following are exempt from this article:
(1) 
Excavations or grading by a leaseholder for personal use on the same leased land.
(2) 
Preparation of a construction site as long as extracted materials are neither imported to nor exported from the construction site.
(3) 
Restoration of land following a natural disaster.
A. 
Since all extraction sites are tribally managed, the Zoning Administrator or any other authorized department, such as the Environmental Services Department or Conservation Department, can inspect any extraction site or permittee at any time with or without notice.
B. 
Approved agents of the Department or departments may inspect any required records of any person or business that has extracted material to determine compliance with the provisions of this article. Any public or private complaint against a person or business that has extracted material may result in an inspection of the extracting operation to determine the validity of the complaint. Such inspections shall be at reasonable times and with reasonable notice.
A. 
Whenever the Department or departments find a violation of this article, the violation shall be recorded, and the Department shall send the violator, by certified mail, an order specifying the nature of the violation, time of violation, and corrective measures necessary to achieve compliance with this article.
B. 
The Department shall cancel the permit held by the person or business who or which fails to comply with the order within 30 days after the order is served, unless the person or business named therein, within 10 days after notice, requests in writing a hearing before the committee. Failure to show just cause for the continued violation and lack of compliance with the order shall result in permit cancellation and immediate cessation of all extraction activities on the affected property.
C. 
Any person, firm, corporation, operator, or any other group of persons convicted in a court of law of engaging in an extraction operation without a valid or with a canceled permit shall be required to forfeit not less than $500 nor more than $10,000 per day for each and every day the operation is found to be in violation of this article.
D. 
Any person, firm, corporation, operator, or any other group of persons convicted in a court of law of engaging in an extraction operation in violation of a permit shall be required to forfeit not less than $250 nor more than $10,000 per day for each and every day the operation is found to be in violation of this article.
E. 
Compliance herewith may also be enforced by injunctional order at the discretion of the committee. Nothing in this section shall be construed to infringe upon the Zoning Administrator's authority to withhold permits for cause or to order cessation of all extraction activities for cause.