Wisconsin Legislature: 9,766c

9,754 Section 754. 54.34 (1) (k) of the statutes is amended to read:

54.34 (1) (k) Whether the proposed ward is a recipient of a public benefit, including medical assistance or a benefit under s. 46.27.

9,760c Section 760c. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab) (intro.) and amended to read:

59.69 (10) (ab) (intro.) In this subsection “ nonconforming use":

3. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

9,760g Section 760g. 59.69 (10) (ab) 1. of the statutes is created to read:

59.69 (10) (ab) 1. “Contiguous” means sharing a common boundary or being separated only by a waterway, section line, public road, private road, transportation right-of-way, or utility right-of-way.

9,760k Section 760k. 59.69 (10) (ab) 1m. of the statutes is created to read:

59.69 (10) (ab) 1m. “Contiguous parcel” means any parcel of land, up to a cumulative limit of 80 acres, that, as of January 1, 2001, is contiguous to and is located in the same political subdivision as land on which a quarry existed lawfully before the quarry became a nonconforming use, is under the common ownership, leasehold, or control of the person who owns, leases, or controls the land on which the quarry is located, and is shown to have been intended for quarry operations prior to the effective date of the ordinance that rendered the use nonconforming. For purposes of this subdivision, if the contiguous parcel of land was commonly owned, leased, or controlled on January 1, 2001, there is a presumption that the contiguous parcel of land was intended for quarry operations prior to the effective date of the ordinance that rendered the use nonconforming.

9,760p Section 760p. 59.69 (10) (ab) 2. of the statutes is created to read:

59.69 (10) (ab) 2. “Nonconforming quarry site” means land on which a quarry existed lawfully before the quarry became a nonconforming use, including any contiguous parcel. The nonconforming status of any contiguous parcel shall be subject to the requirement that, on a 5 year rolling average, 75 percent of the quarry materials extracted from the contiguous parcel shall be used for infrastructure-related projects, as determined by the quarry operator. If this 75 percent requirement is not met as to any contiguous parcel, the nonconforming status of the contiguous parcel may be suspended. A determination that a particular parcel of land is nonconforming under subd. 3. or common law is cumulative of this definition.

9,760t Section 760t. 59.69 (10) (ab) 4. of the statutes is created to read:

59.69 (10) (ab) 4. “Quarry” has the meaning given in s. 66.04135 (2) (c).

9,760w Section 760w. 59.69 (10) (ab) 5. of the statutes is created to read:

59.69 (10) (ab) 5. “Quarry operations” has the meaning given in s. 66.04135 (2) (d).

9,760y Section 760y. 59.69 (10) (ap) of the statutes is created to read:

59.69 (10) (ap) Notwithstanding par. (am), an ordinance enacted under this section cannot prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an undisturbed area of a nonconforming quarry site. Nothing in this section shall be construed as modifying or limiting an operator's reclamation obligations under a reclamation permit.

9,761c Section 761c. 60.61 (5) (ab) of the statutes is renumbered 60.61 (5) (ab) (intro.) and amended to read:

60.61 (5) (ab) (intro.) In this subsection “ nonconforming use":

2. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

9,761e Section 761e. 60.61 (5) (ab) 1. of the statutes is created to read:

60.61 (5) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69 (10) (ab) 2.

9,761g Section 761g. 60.61 (5) (ab) 3. of the statutes is created to read:

60.61 (5) (ab) 3. “Quarry” has the meaning given in s. 66.04135 (2) (c).

9,761k Section 761k. 60.61 (5) (ab) 4. of the statutes is created to read:

60.61 (5) (ab) 4. “Quarry operations” has the meaning given in s. 66.04135 (2) (d).

9,761p Section 761p. 60.61 (5) (as) of the statutes is created to read:

60.61 (5) (as) Notwithstanding par. (am), an ordinance enacted under this section cannot prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an undisturbed area of a nonconforming quarry site. Nothing in this section shall be construed as modifying or limiting an operator's reclamation obligations under a reclamation permit.

9,766c Section 766c. 62.23 (7) (ab) of the statutes is renumbered 62.23 (7) (ab) (intro.) and amended to read:

62.23 (7) (ab) Definition Definitions. (intro.) In this subsection “nonconforming use":

9,766g Section 766g. 62.23 (7) (ab) 1. of the statutes is created to read:

62.23 (7) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69 (10) (ab) 2.

9,766n Section 766n. 62.23 (7) (ab) 3. of the statutes is created to read:

62.23 (7) (ab) 3. “Quarry” has the meaning given in s. 66.04135 (2) (c).

9,766r Section 766r. 62.23 (7) (ab) 4. of the statutes is created to read:

62.23 (7) (ab) 4. “Quarry operations” has the meaning given in s. 66.04135 (2) (d).

9,766w Section 766w. 62.23 (7) (hd) of the statutes is created to read:

62.23 (7) (hd) Nonconforming quarry sites. Notwithstanding par. (h), an ordinance enacted under this section cannot prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an undisturbed area of a nonconforming quarry site. Nothing in this section shall be construed as modifying or limiting an operator's reclamation obligations under a reclamation permit.

9,777m Section 777m. 66.04135 of the statutes is created to read:

66.04135 Quarries extracting certain nonmetallic minerals. (1) Construction. (a) Nothing in this section may be construed to affect the authority of a political subdivision to regulate land use for a purpose other than quarry operations.

(b) Nothing in this section may be construed to exempt a quarry from a regulation of general applicability placed by a political subdivision that applies to other property in the political subdivision that is not a quarry unless the regulation is inconsistent with this section.

(2) Definitions. In this section:

(a) “Permit” means a form of approval granted by a political subdivision for the operation of a quarry.

(b) “Political subdivision” means a city, village, town, or county.

(c) “Quarry” means the surface area from which nonmetallic minerals, including soil, clay, sand, gravel, and construction aggregate, that are used primarily for a public works project or a private construction or transportation project are extracted and processed.

(d) “Quarry operations” means the extraction and processing of minerals at a quarry and all related activities, including blasting, vehicle and equipment access to the quarry, and loading and hauling of material to and from the quarry.

(3) Limitations on local regulation. (a) Permits. 1. Consistent with the requirements and limitations in this subsection, except as provided in subd. 2., a political subdivision may require a quarry operator to obtain a zoning or nonzoning permit to conduct quarry operations.

2. A political subdivision cannot require a quarry operator to obtain a zoning or nonzoning permit to conduct quarry operations unless prior to the establishment of quarry operations the political subdivision enacts an ordinance that requires the permit. A political subdivision cannot require a quarry operator to obtain a nonzoning permit to conduct quarry operations if the quarry operation operates under a previously issued zoning permit.

(b) Applicability of local limit. If a political subdivision enacts a nonzoning ordinance regulating the operation of a quarry that was not in effect when quarry operations began at a quarry, the limit cannot be applied to that quarry or to land that is contiguous, as defined in s. 59.69 (10) (ab) 1., to the land on which the quarry is located, is under the common ownership, leasehold, or control of the person who owns, leases, or controls the land on which the quarry is located, and is located in the same political subdivision.

(c) Blasting. 1. In this paragraph, “affected area” means an area within a certain radius of a blasting site that may be affected by a blasting operation, as determined using a formula established by the department of safety and professional services by rule that takes into account a scaled-distance factor and the weight of explosives to be used.

2. Except as provided under subds. 3. and 4., a political subdivision cannot limit blasting at a quarry.

3. A political subdivision may require the operator of a quarry to do any of the following:

a. Before beginning a blasting operation at the quarry, provide notice of the blasting operation to each political subdivision in which any part of the quarry is located and to owners of dwellings or other structures within the affected area.

b. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a building survey of any dwellings or other structures within the affected area.

c. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a survey of and test any wells within the affected area.

d. Provide evidence of insurance to each political subdivision in which any part of the quarry is located.

e. Provide copies of blasting logs to each political subdivision in which any part of the quarry is located.

f. Provide maps of the affected area to each political subdivision in which any part of the quarry is located.

g. Provide copies of any reports submitted to the department of safety and professional services relating to blasting at the quarry.

4. A political subdivision may suspend a permit for a violation of the requirements under s. 101.15 relating to blasting and rules promulgated by the department of safety and professional services under s. 101.15 (2) (e) relating to blasting only if the department of safety and professional services determines that a violation of the requirements or rules has occurred and only for the duration of the violation as determined by the department of safety and professional services.

(d) Water quality or quantity. 1. Except as provided under subds. 2. to 5., a political subdivision cannot do any of the following with respect to the operation of a quarry:

a. Establish or enforce a water quality standard.

b. Issue permits, including permits for discharges to the waters of the state, or any other form of approval related to water quality or quantity.

c. Impose any restriction related to water quality or quantity.

d. Impose any requirements related to monitoring of water quality or quantity.

2. A political subdivision may take actions related to water quality that are specifically required or authorized by state law.

3. A political subdivision may require the operator of a quarry to conduct and provide water quality and quantity baseline testing and ongoing quality testing, to occur not more frequently than annually, of all wells within 1,000 feet of the perimeter of a quarry site when a new high capacity well is added to an existing quarry site or a new quarry site is established. A testing requirement under this subdivision cannot impose any standard that is more stringent than the standards for groundwater quality required by rules promulgated by the department of natural resources. The political subdivision may request a report of well testing results within 30 days of the completion of testing, and the quarry operator shall provide the results within that time. Any person offered the opportunity to have a well tested under this subdivision but who knowingly refuses testing waives any claim against a quarry operator related to the condition of the well if, within 90 days of the offer, the quarry operator records with the register of deeds for the county in which the well is located a written and sworn certification that the person refused the offer.

4. A political subdivision that imposes a requirement to conduct any ongoing water quality or quantity testing of wells adjacent to an existing quarry prior to the effective date of this subdivision .... [LRB inserts date], may continue to do so.

5. In addition to the ability to enforce properly adopted local regulations as allowed by this section, a political subdivision may suspend a permit authorizing the operation of a quarry for a violation of state law or rules promulgated by the department of natural resources relating to water quality or quantity only if the department of natural resources determines that a violation of state law or rules has occurred and only for the duration of the violation, as determined by the department of natural resources.

(e) Air quality. 1. Notwithstanding s. 285.73, and except as provided under subds. 2. to 4., a political subdivision cannot do any of the following with respect to the operation of a quarry:

a. Establish or enforce an ambient air quality standard, standard of performance for new stationary sources, or other emission limitation related to air quality.

b. Issue permits or any other form of approval related to air quality.

c. Impose any restriction related to air quality.

d. Impose any requirement related to monitoring air quality.

2. A political subdivision may require the operator of a quarry to use best management practices to limit off-site fugitive dust and may enforce properly adopted fugitive dust regulations.

3. A political subdivision may take actions related to air quality that are specifically required or authorized by state law.

4. In addition to the ability to enforce properly adopted local regulations as allowed by this section, a political subdivision may suspend a permit authorizing the operation of a quarry for a violation of state law or rules promulgated by the department of natural resources relating to air quality only if the department of natural resources determines that a violation of state law or rules has occurred and only for the duration of the violation, as determined by the department of natural resources.

(f) Quarry permit requirements. 1. A political subdivision cannot add a condition to a permit during the duration of the permit unless the permit holder consents.

2. If a political subdivision requires a quarry to comply with another political subdivision's ordinance as a condition for obtaining a permit, the political subdivision that grants the permit cannot require the quarry operator to comply with a provision of the other political subdivision's ordinance that is enacted after the permit is granted and while the permit is in effect.

3. a. A town cannot require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a county requires in order to grant a permit that is imposed by a county ordinance enacted after the county grants a permit to the quarry operator.

b. A county cannot require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a town requires in order to grant a permit that is imposed by a town ordinance enacted after the town grants a permit to the quarry operator.

9,778g Section 778g. 66.0420 (7) (b) of the statutes is renumbered 66.0420 (7) (b) 1., and 66.0420 (7) (b) 1. (intro.), as renumbered, is amended to read:

66.0420 (7) (b) 1. (intro.) The Except as provided in subd. 2m., the percentage applied to a video service provider's gross receipts under par. (a) 1. for each municipality shall be 5 percent or one of the following percentages, whichever is less:

9,778r Section 778r. 66.0420 (7) (b) 2m. of the statutes is created to read:

66.0420 (7) (b) 2m. The percentage applied to a video service provider's gross receipts under par. (a) 1. for a municipality shall be the percentage that applied under subd. 1. on December 31, 2018, less one of the following:

a. Beginning on January 1, 2020, 0.5 percent.

b. Beginning on January 1, 2021, 1.0 percent.

9,828 Section 828. 70.11 (1) of the statutes is amended to read: