This chapter is adopted pursuant to § 295.14, Wis. Stats.,
which is adopted by reference and made a part of this chapter as if fully
set forth herein.
The terms used in this chapter shall have the meaning provided in § 295.11,
Wis. Stats.
This chapter shall apply to any portion of a nonmetallic mining site,
including unreclaimed portions of a site which were mined prior to the effective
date of this chapter.
This chapter shall not apply to the following activities:
A. Excavations or grading by a person solely for domestic
use at his or her residence.
B. Excavations or grading conducted for highway construction
purposes within the highway right-of-way.
C. Grading conducted for farming, preparing a construction
site or restoring land following a flood or natural disaster.
D. Excavations for building construction purposes.
E. Any mining operation, the reclamation of which is required
in a permit obtained under Ch. 293, Wis. Stats.
F. Any activities conducted at a solid or hazardous waste
disposal site required to prepare, operate or close a solid waste disposal
facility under Subchapters II to IV of Ch. 289, Wis. Stats., or a hazardous
waste disposal facility under Ch. 291, Wis. Stats., but a nonmetallic mining
reclamation ordinance may apply to activities related to solid or hazardous
waste disposal which are conducted at a nonmetallic mining site separate from
the solid or hazardous waste disposal facility, such as activities to obtain
nonmetallic minerals to be used for lining, capping, covering or constructing
berms, dikes or roads.
All applications for a permit hereunder shall be made in writing upon
the written form provided by the Village and distributed by the Village Clerk-Treasurer.
All applications for permits hereunder shall be signed by the applicant and
filed with the Village Clerk-Treasurer at least 60 days prior to the permit
period. The Clerk-Treasurer shall immediately refer all applications for a
permit hereunder to the Village Board for public hearing and approval. The
operator shall receive written notice of the public hearing. The permit shall
be for a period of time as stated in the application or as modified by the
Village Board. Modification of the application or reclamation plan may be
permitted or additional conditions may be required upon application. The Board
shall consider the effect of the operation and the proposed reclamation upon
existing and future conditions, including streets, neighboring land development,
land use drainage, water supply, water pollution, air pollution, soil erosion,
natural beauty and land value of the locality. The Village Board may approve,
approve conditionally or reject the application and reclamation plan.
Prior to reclamation, nonmetallic mining sites abutting areas zoned
residential shall be enclosed by a security fence of not less than four feet
in height. Fence gates shall be locked or secured when the site is unattended
so as to prevent uncontrolled access by children to the site.
An authorized agent of the Village may enter the premises of a nonmetallic
mining operation in the performance of his or her official duties by permission
of the property owner or operator or pursuant to a special inspection warrant
issued under § 66.0119, Wis. Stats., in order to inspect those premises
and to ascertain compliance with this chapter.
Nonmetallic mining operations within the Village are prohibited if the
nonmetallic mining site cannot be reclaimed in compliance with the standards
of this chapter or if other requirements of this chapter are not met.
If any permit is revoked, canceled, rescinded or terminated, the operator
shall be given written notice of any charges or violations against him or
the reasons proposed for revocation and shall have an opportunity to be heard
before the Village Board.
Pursuant to § 295.14, Wis. Stats., this chapter is subject
to the review and approval of the Wisconsin Department of Natural Resources.