No application for a nonmetallic reclamation permit shall be
approved if any of the factors specified in § NR 135.22,
Wis. Adm. Code, exist. Denials by Grant County shall be in writing
and sent to the applicant within the deadlines set forth in § 135.21,
Wis. Adm. Code. The written denial shall set forth the reason or reasons
for the denial and shall inform the applicant that the decision can
be reviewed and shall inform the applicant of the review process.
A nonmetallic mining reclamation permit issued under this chapter
shall last through operation and reclamation of the nonmetallic mining
site, unless suspended or revoked pursuant to § 180-20B,
or as limited under § NR 135.27, Wis. Adm. Code, where the
mine operator is not the landowner. If changes occur in the area to
be mined, the nature of planned reclamation, or other aspects of mining
require that the approved reclamation plan be amended, the applicant
shall apply for a permit modification pursuant to § NR 135.24,
Wis. Adm. Code.
A nonmetallic mining reclamation permit issued under this chapter
may be transferred to a new owner or operator upon satisfaction of
the conditions in § NR 135.28, Wis. Adm. Code.
For any nonmetallic mining site which had a reclamation permit previously issued pursuant to Ch. NR 135, Wis. Adm. Code, that becomes subject to reclamation permitting authority of Grant County, the previously issued municipal reclamation permit's terms and conditions shall remain in force until they can be modified by Grant County pursuant to §
180-23A.
Any permitting decision or action made by Grant County under
this chapter may be reviewed as set forth in § NR 135.30,
Wis. Adm. Code. Any person who is aggrieved by any decision of the
Zoning Administrator under this chapter can file a written notice
of appeal requesting a hearing before the Grant County Zoning Board
of Adjustment. This notice of appeal must be filed with the Grant
County Administrator within 30 days of the date that the operator
received the written decision of the Zoning Administrator. A hearing
shall then be scheduled before the Grant County Zoning Board of Adjustment,
which hearing is to take place within 15 days of the date that the
Zoning Administrator received the notice of appeal. The Zoning Administrator
shall send the appellant and any other interested persons, by mail,
notice of the date and place of the hearing at least 10 days before
such hearing. The Zoning Administrator shall give public notice of
the hearing as required by Wisconsin law.
A. A majority vote of the Grant County Board of Adjustment shall prevail.
The Grant County Zoning Board of Adjustment shall have the power to
affirm, reverse, or modify any decision of the Zoning Administrator
under this chapter. At the hearing the aggrieved person, Grant County
and other interested persons shall have the right to present evidence,
call and cross-examine witnesses and, if they so wish, to be represented
by their attorney.
B. The Board of Adjustment shall consist of five members to be appointed
by the Chairman of the County Board with the approval of the County
Board. If the Board of Adjustment determines that the Zoning Administrator
made an error in his or her decision, the Zoning Board of Adjustment
shall reverse or modify the decision of the Zoning Administrator.
If the Board of Adjustment determines that the Zoning Administrator
did not make an error in his or her decision, the Zoning Board of
Adjustment shall affirm the decision of the Zoning Administrator.
C. The decision of the Zoning Board of Adjustment shall be reduced to
writing and sent to the appellant. The decision shall be dated and
set forth whether the decision of the Zoning Administrator is affirmed,
denied, or modified and the reason therefor. The decision shall notify
the appellant that the appellant has the right to file an action with
the Grant County Circuit Court within 30 days seeking an appeal of
the matter by certiorari.