295.40 Legislative findings. The legislature finds all of the following: (1) That attracting and aiding new mining enterprises and expanding the mining industry in Wisconsin is part of Wisconsin public policy. (2) That mining for nonferrous metallic minerals is different from mining for ferrous minerals because in mining for nonferrous metallic minerals, sulfide minerals react, […]
295.41 Definitions. In this subchapter: (1) “Air pollution” means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is injurious to human health or welfare, animal or plant life, or property. (2) “Applicant” means a person who applies for, or is preparing to apply for, […]
295.43 Responsibilities related to mining. The department shall serve as the central unit of state government to ensure that the impact from mining and reclamation on the air, lands, waters, plants, fish, and wildlife in this state will be minimized and offset to the extent practicable. The administration of occupational health and safety laws and […]
295.44 Exploration. (1) Definitions. In this section: (a) “Abandonment” means the filling or sealing of a drillhole. (b) “Clay slurry” means a fluid mixture of native clay formation or commercial clay or clay mineral products and water prepared with only the amount of water necessary to produce fluidity. (c) “Concrete grout” means a mixture consisting […]
295.443 Local impact committee; local agreement. (1) A county, town, village, city, or tribal government likely to be substantially affected by potential or proposed mining may designate an existing committee, or establish a committee, for purposes of: (a) Facilitating communications between operators and itself. (b) Analyzing implications of mining. (c) Reviewing and commenting on reclamation […]
295.45 Bulk sampling plan. (1) A person who intends to engage in bulk sampling may file a bulk sampling plan with the department. The collection of data under a bulk sampling plan may include sampling and analysis related to geophysical, geochemical, groundwater, and surface water conditions, as well as any other data or studies necessary […]
295.46 Preapplication description. (1) A person who files a bulk sampling plan under s. 295.45 with regard to a proposed mining project shall file, together with the bulk sampling plan, a general description of the proposed mining project. A person who proposes to engage in a mining project, but who does not file a bulk […]
295.465 Preapplication notification. (1) Except as provided in sub. (3), at least 12 months before filing an application for a mining permit under s. 295.47, a person proposing to engage in a mining project shall notify the department and the U.S. army corps of engineers in writing of the intention to file an application for […]
295.47 Application for mining permit. (1) (a) No person may engage in mining or reclamation at any mining site unless the mining site is covered by a mining permit and by written authorization to mine under s. 295.59 (3). An applicant shall submit an application for a mining permit to the department in writing and […]
295.48 Mining plan. (1) General. An applicant for a mining permit shall submit as part of the application a mining plan that includes a description of the proposed mining site and either a detailed map drawn to a scale approved by the department or aerial photographs, if the photographs show the details to the satisfaction […]
295.49 Reclamation plan. (1) An applicant for a mining permit shall submit as part of the application a reclamation plan, designed to minimize adverse effects to the environment to the extent practicable, that includes all of the following: (a) A description of the manner, location, sequence, and timing of reclamation of the mining site, including […]
295.51 Mining waste site location criteria; feasibility study, and plan of operation. (1) Definitions. In this section: (a) “Groundwater flow net” means a drawing showing equipotential contour lines and the direction that groundwater will flow. (c) “Regional” means relating to the area that may affect or be affected by a proposed mining waste site, which […]
295.53 Environmental impact statement. (1) Consultants. The department may enter into contracts for environmental consultant services under s. 23.41 to assist in the preparation of an environmental impact statement or to provide assistance to applicants. (2) Notice. After the department receives an application for a mining permit, it shall notify the public and affected agencies […]
295.56 Exemptions. (1) The department may grant an exemption, as provided in this section, from any of the requirements of this subchapter applicable to any of the following: (a) A mining permit application, including the mining plan, reclamation plan, and mining waste site feasibility study and plan of operation. (b) A mining permit. (c) Any […]
295.57 Application procedure. (1) Submission. (a) An applicant shall submit the application for a mining permit as provided in s. 295.47. (b) The department shall protect as confidential any information, other than effluent data, contained in an application for a mining permit, upon a showing that the information is entitled to protection as a trade […]
295.58 Mining; department grant or denial of permit. (1) Criteria for approval. (a) Except as provided in sub. (2) and except with respect to property specified in s. 41.41 (11), the department shall issue a mining permit if it finds all of the following: 1. That the mining plan and reclamation plan are reasonably certain […]
295.59 Bonds and other security. (1) Security for reclamation. (a) Upon notification that an application for a mining permit has been approved by the department but before beginning mining, the operator shall furnish one of the following to the department: 1. A bond, furnished by a surety company licensed to do business in this state, […]
295.60 Impacts to wetlands. (1) Definitions. In this section: (a) “Artificial wetland” means a landscape feature where hydrophytic vegetation may be present as a result of human modifications to the landscape or hydrology and for which there is no prior wetland or stream history. (b) “Ceded territory” means the territory in Wisconsin ceded by the […]
295.605 Impacts to navigable waters. (1) Definition. In this section, “navigable water activity” means an activity for which an approval is required under s. 30.12, 30.123, 30.19, 30.195, or 30.20. (1m) Limitation. This section does not apply to any navigable water activity associated with a mining operation if the application for the approval for the […]
295.607 Shoreland and floodplain zoning. (1) (a) In this section: 1. “Development or construction activity” means a waste site, structure, building, fill, or other development or construction activity. 2. “Shoreland zoning ordinance” means a shoreland zoning ordinance or regulation adopted under s. 59.692, 61.351, 61.353, 62.231, 62.233, or 281.31. (2) (a) The department may not […]
