Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 135 - Nonmetallic Mining Reclamation
Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits
Section NR 135.62 - Relationship to planning and zoning

Universal Citation: WI Admin Code ยง NR 135.62

Current through August 26, 2024

(1) A county or municipality that has received notice of intent to register pursuant to s. NR 135.56(3) may not, by zoning, granting a variance, or other official action or inaction, permit the erection of permanent structures on, or otherwise permit the use of any subsequently registered land containing a marketable nonmetallic mineral deposit in a manner that would permanently interfere with the present or future extraction of the nonmetallic mineral deposit. This limitation begins when notice of intent to register is received.

(2) Any request by the owner of registered land or his or her agent for a permit, grant of authority, variance, zoning change or other official action shall be accompanied by a copy of the registration, certified by the register of deeds as the recorded document.

(3) The limitation of government action in sub. (1) applies to land where a zoning authority with jurisdiction has provided notice of intent to object to registration pursuant to s. NR 135.57(1), until the time the registration expires, is terminated, or the objecting zoning authority finally prevails in court action pursuant to s. NR 135.58(3) to sustain its objection.

(4)

(a) Notwithstanding sub. (1), a county or municipality may rezone land which contains a marketable nonmetallic mineral deposit and upon which mining has not begun on any portion if the rezoning is necessary to implement a master plan, comprehensive plan or land use plan which has been lawfully adopted by an appropriate governing body at least one year prior to the rezoning.

(b) Any zoning change to implement a lawfully adopted master plan, comprehensive plan or land use plan does not apply to land containing a registered marketable nonmetallic mineral deposit until the expiration of the current registration period or the one-time registration renewal period under s. NR 135.59(3), whichever comes last. A zoning change which has been adopted pursuant to this subsection may be used by a zoning authority as the basis for objecting, pursuant to s. NR 135.58(1) (a), to reregistration of land containing a marketable nonmetallic mineral deposit.

(c) Registration of land containing a marketable nonmetallic mineral deposit does not relieve the property owner from the obligation to obtain all necessary permits and approvals to be able to mine the deposit, nor does mineral registration create a presumption that these permits will be granted. However, land use plans and zoning ordinances adopted by a county, municipality or agency shall make all reasonable provisions to preserve identified marketable nonmetallic mineral deposits.

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