Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 135 - Nonmetallic Mining Reclamation
Subchapter III - Permitting
Section NR 135.20 - Public notice and right of hearing
Universal Citation: WI Admin Code ยง NR 135.20
Current through August 26, 2024
(1) PUBLIC NOTICE.
(a) A regulatory authority that has received
an application to issue a reclamation permit shall publish a public notice of
the application no later than 30 days after receipt of a complete application
or request.
(b) The notice shall
briefly describe the mining and reclamation planned at the nonmetallic mining
site. The notice shall be published as a class 1 notice pursuant to s.
985.07(1),
Stats., in the official newspaper of the regulatory authority, or if the
department is the regulatory authority in the official newspaper of the county
in which the nonmetallic mining site is located. The notice shall mention the
opportunity for public hearing pursuant to this section and shall give the
locations at which the public may review the application request and all
supporting materials including the reclamation plan.
(c) Unless the department is the regulatory
authority, copies of the notice shall be forwarded by the regulatory authority
to the county or applicable municipal zoning board, the county and applicable
local planning organization, the county land conservation officer, and owners
of land within 300 feet of the boundaries of the parcel or parcels of land on
which the site is located. If the department is the regulatory authority,
copies of the notice shall be forwarded to all counties and municipalities in
which the site is located.
(2) LOCAL HEARING. A county or municipal regulatory authority shall provide for opportunity for a public informational hearing on an application or request to issue a nonmetallic mining reclamation permit as follows:
(a) If there is a
zoning-related hearing on the nonmetallic mine site, the regulatory authority
shall provide the opportunity at this hearing to present testimony on
reclamation-related matters. This opportunity shall fulfill the requirement for
public hearing for a nonmetallic mining reclamation permit required by this
section. The regulatory authority shall consider the reclamation-related
testimony in the zoning-related hearing in deciding on a permit application
pursuant to this chapter.
(b)
1. If there is no opportunity for a
zoning-related hearing on the nonmetallic mine site as described in par. (a),
opportunity for public hearing required by this section shall be provided as
follows. Any person residing within, owning property within, or whose principal
place of business is within 300 feet of the boundary of the parcel or parcels
of land in which the nonmetallic mining site is located or proposed may request
a public informational hearing. The regulatory authority shall hold a public
hearing if requested by any of these persons within 30 days of the actual date
of public notice under sub. (1). This public informational hearing shall be
held no sooner than 30 days nor later than 60 days after being requested. The
hearing shall be conducted as an informational hearing for the purpose of
explaining and receiving comment from affected persons on the nature,
feasibility and effects of the proposed reclamation. Procedures for the public
informational hearing shall be described in the applicable reclamation
ordinance.
2. The subject matter
and testimony at this informational hearing, if it is held separately from any
zoning-related hearing where the opportunity exists for testimony on
reclamation pursuant to par. (a), shall be limited to reclamation of the
nonmetallic mine site.
(3) HEARING ON RECLAMATION PERMIT APPLICATIONS TO THE DEPARTMENT.
(a) Where the
department is the regulatory authority, it shall provide an opportunity for
public informational hearing on an application to issue a nonmetallic mining
reclamation permit.
(b) Any person
who resides within, owns property within or whose principal place of business
is within 300 feet of the nonmetallic mining site may request a public
informational hearing. The department shall hold a public hearing if requested
by any of these persons within 30 days of the actual date of public notice
under sub. (1), which shall be held no sooner than 30 days and no later than 60
days after being requested and shall be conducted as an informational hearing
for the purpose of explaining and receiving comment from affected persons on
the nature, feasibility, effects and other relevant aspects of the proposed
nonmetallic mining and reclamation. The informational hearing shall be
conducted using the procedures for a noncontested case hearing pursuant to ch.
NR 2.
(c) The subject matter and
testimony at this informational hearing shall be limited to reclamation of the
nonmetallic mine site.
Informational hearings are limited to reclamation of the nonmetallic mining site. Regulatory authority staff conducting the hearings should make it clear that the hearings may not cover non-reclamation matters because they are beyond the scope of ch. NR 135 reclamation. Non-reclamation matters are those related to zoning or subject to other local authority. These matters may include but are not limited to: traffic, setbacks, blasting, dewatering, hours of operation, noise or dust control or the question of whether to use the land for mining.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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