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

Current through June 24, 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.