Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 135 - Nonmetallic Mining Reclamation
Subchapter III - Permitting
Section NR 135.17 - Regulatory authority to issue reclamation permits

(a) Subject to subs. (2) and (3), nonmetallic mining reclamation permits can be issued or otherwise acted on pursuant to this subchapter only by a county that has adopted and administers a nonmetallic mining reclamation ordinance, as required by s. NR 135.32.

(b) If the department finds pursuant to sub. (3) (b) that a municipal regulatory authority's program is not in compliance with this chapter, the county in which the municipality is located shall issue or otherwise act on permits pursuant to this subchapter.

(a) A municipality may issue or otherwise act on nonmetallic mining reclamation permits pursuant to this subchapter if it has adopted and administers a nonmetallic mining reclamation ordinance pursuant to this chapter. Nonmetallic mining subject to regulation by these municipal regulatory authorities are not subject to county or department permitting pursuant to this subchapter.

(b) If the department finds under sub. (3) (b) that a county's program is not in compliance with this chapter, any municipality within the county that has enacted an applicable reclamation ordinance by the time of this finding may continue to issue and otherwise act on permits pursuant to this subchapter.

(a) Neither the county nor the municipality in which the nonmetallic mining site is located has enacted or has in effect an applicable reclamation ordinance pursuant to this chapter.

(b) The department finds, after a hearing under subch. V, that a regulatory authority's nonmetallic mining reclamation program does not comply with this chapter, except as follows: