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AB756,36 20Section 36 . 77.83 (2m) of the statutes is repealed.
AB756,37 21Section 37 . 77.84 (2) (b) of the statutes is amended to read:
AB756,9,2522 77.84 (2) (b) For managed forest land orders that take effect before April 28,
232004, in addition to the payment under par. (a), each owner shall pay $1 for each acre
24that is designated as closed under s. 77.83 and for each acre that is located in a
25proposed ferrous mining site and that is not open to all of the outdoor activities

1specified in s. 77.83 (2) (a) for any part of the previous calendar year
. The payment
2shall be made to each municipal treasurer on or before January 31.
AB756,38 3Section 38 . 77.84 (2) (bm) of the statutes is amended to read:
AB756,10,114 77.84 (2) (bm) For managed forest land orders that take effect on or after April
528, 2004, in addition to the payment under par. (am), each owner of managed forest
6land shall pay to each municipal treasurer, on or before January 31, an amount that
7is equal to 20 percent of the average statewide property tax per acre of property
8classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that
9is designated as closed under s. 77.83 and for each acre that is located in a proposed
10ferrous mining site and that is not open to all of the outdoor activities specified in s.
1177.83 (2) (a) for any part of the previous calendar year
.
AB756,39 12Section 39 . 77.84 (2) (bp) of the statutes is repealed.
AB756,40 13Section 40 . 77.88 (3) (d) of the statutes is repealed.
AB756,41 14Section 41 . 77.88 (5) (af) 1. of the statutes is amended to read:
AB756,10,1715 77.88 (5) (af) 1. An amount equal to the past tax liability multiplied by the
16number of years the land was designated as managed forest land, less any amounts
17paid by the owner under s. 77.84 (2) (a), and (am), and (bp).
AB756,42 18Section 42 . 77.88 (5) (af) 2. of the statutes is amended to read:
AB756,10,2119 77.88 (5) (af) 2. Five percent of the stumpage value of the merchantable timber
20on the land, less any amounts paid by the owner under s. 77.84 (2) (a), and (am), and
21(bp)
.
AB756,43 22Section 43 . 77.88 (9) (d) 1. of the statutes is renumbered 77.88 (9) (d) and
23amended to read:
AB756,11,224 77.88 (9) (d) Except as provided in subd. 2., a A withdrawal order issued before
25December 15 of any year takes effect on the January 1 after the date of issuance, and

1a withdrawal order issued on or after December 15 of any year takes effect on the 2nd
2January 1 after the date of issuance.
AB756,44 3Section 44 . 77.88 (9) (d) 2. of the statutes is repealed.
AB756,45 4Section 45. 77.883 of the statutes is repealed.
AB756,46 5Section 46 . 77.89 (2) (a) of the statutes is amended to read:
AB756,11,126 77.89 (2) (a) Each municipal treasurer shall pay 20 percent of each payment
7received under sub. (1) (a) and (b) and under ss. 77.84 (2) (a), and (am), and (bp),
877.85, and 77.876 to the county treasurer and shall deposit the remainder in the
9municipal treasury. The payment to the county treasurer for money received before
10November 1 of any year shall be made on or before the November 15 after its receipt.
11For money received on or after November 1 of any year, the payment to the county
12treasurer shall be made on or before November 15 of the following year.
AB756,47 13Section 47. 87.30 (2) (a) of the statutes is renumbered 87.30 (2) and amended
14to read:
AB756,11,2315 87.30 (2) Enforcement and penalties. Except as provided in par. (b), every
16Every structure, building, fill, or development placed or maintained within any
17floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
1861.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and
19maintenance thereof may be abated by action at suit of any municipality, the state
20or any citizen thereof. Any person who places or maintains any structure, building,
21fill or development within any floodplain in violation of a zoning ordinance adopted
22under this section, or s. 59.69, 61.35 or 62.23 may be fined not more than $50 for each
23offense. Each day during which such violation exists is a separate offense.
AB756,48 24Section 48. 87.30 (2) (b) of the statutes is repealed.
AB756,49 25Section 49. 107.001 (1) of the statutes is amended to read:
AB756,12,7
1107.001 (1) “Exploration mining lease" means any lease, option to lease, option
2to purchase or similar conveyance entered into for the purpose of determining the
3presence, location, quality or quantity of nonferrous metallic metalliferous minerals
4or for the purpose of mining, developing or extracting nonferrous metallic
5metalliferous minerals, or both under ch. 293. Any lease, option to lease, option to
6purchase or similar conveyance entered into by a mining company is rebuttably
7presumed to be an exploration mining lease.
AB756,50 8Section 50. 107.001 (2) of the statutes is created to read:
AB756,12,109 107.001 (2) “Metalliferous minerals" means naturally occurring minerals that
10contain metal.
AB756,51 11Section 51. 107.01 (intro.) of the statutes is amended to read:
AB756,12,15 12107.01 Rules governing mining rights. (intro.) Where there is no contract
13between the parties or terms established by the landlord to the contrary the following
14rules and regulations shall be applied to mining contracts and leases for the digging
15of nonferrous metallic ores and minerals:
AB756,52 16Section 52. 107.01 (2) of the statutes is amended to read:
AB756,12,2517 107.01 (2) The discovery of a crevice or range containing nonferrous metallic
18ores or minerals shall entitle the discoverer to the nonferrous metallic ores or
19minerals pertaining thereto, subject to the rent due the discoverer's landlord, before
20as well as after the nonferrous metallic ores or minerals are separated from the
21freehold; but such miner shall not be entitled to recover any nonferrous metallic ores
22or
minerals or the value thereof from the person digging on the miner's range in good
23faith and known to be mining thereon until the miner shall have given notice of the
24miner's claim; and the miner shall be entitled to the nonferrous metallic ores or
25minerals dug after such notice.
AB756,53
1Section 53. 107.02 of the statutes is amended to read:
AB756,13,20 2107.02 Mining statement; penalty. When there is no agreement between the
3parties to any mining lease, license or permit, to mine or remove nonferrous metallic
4minerals
ore from any lands in this state, regulating the method of reporting the
5amount of nonferrous metallic minerals ore taken, the person mining and removing
6the nonferrous metallic minerals ore or ores shall keep proper and correct books, and
7therefrom to make and deliver by or before the fifteenth day of each month to the
8lessor, owner or person entitled thereto, a detailed statement covering the operations
9of the preceding month. The statement shall show the total amount of tons or pounds
10of each kind of nonferrous metallic minerals ore produced; if sold, then to whom sold,
11giving the date of sale, date of delivery to any railroad company, naming the company,
12and the station where delivered or billed for shipment; the name and address of the
13purchaser; the price per ton at which sold and the total value of each kind of
14nonferrous metallic minerals ore so sold. The books shall be always open to any
15owner, lessor, licensor or stockholder, if the owner, lessor or licensor is a corporation,
16and to any person or stockholder interested in any such mining operations, for the
17purpose of inspection and taking copies thereof or abstracts therefrom. Any person
18and every officer, agent or employee of any thereof, who violates this section, or who
19makes any false or incomplete entries on any such books or statements, shall be fined
20not less than $100 or imprisoned in the county jail for not more than 3 months or both.
AB756,54 21Section 54. 107.03 of the statutes is amended to read:
AB756,14,6 22107.03 Conflicting claims. In case of conflicting claims to a crevice or range
23bearing nonferrous metallic ores or minerals the court may continue any action to
24enforce a claim or grant any necessary time for the purpose of allowing parties to
25prove up their mines or diggings if it satisfactorily appears necessary to the ends of

1justice. In such case the court or judge may appoint a receiver and provide that the
2mines or diggings be worked under the receiver's direction, subject to the order of the
3court, in such manner as best ascertains the respective rights of the parties. The
4nonferrous metallic ores or minerals raised by either party pending the dispute shall
5be delivered to the receiver, who may, by order of the court or judge, pay any rent or
6other necessary expenses therefrom.
AB756,55 7Section 55. 107.04 of the statutes is amended to read:
AB756,14,19 8107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
9disposes of any nonferrous metallic ores or minerals or mines or diggings for the
10purpose of defrauding the lessor of rent or who neglects to pay any rent on nonferrous
11metallic
ores or minerals raised by the miner for 3 days after the notice thereof and
12claim of the rent, shall forfeit all right to his or her mines, diggings or range; and the
13landlord after the concealment or after 3 days have expired from the time of
14demanding rent, may proceed against the miner to recover possession of the mines
15or diggings in circuit court as in the case of a tenant holding over after the
16termination of the lease. If a miner neglects to work his or her mines or diggings
17according to the usages of miners, without reasonable excuse, he or she shall likewise
18forfeit the mines or diggings and the landlord may proceed against the miner in like
19manner to recover possession of the mines or diggings.
AB756,56 20Section 56. 107.11 of the statutes is amended to read:
AB756,15,7 21107.11 Account of nonferrous metallic minerals ore received. Every
22person operating a metal recovery system and every purchaser of nonferrous
23metallic
ores and minerals shall keep a substantially bound book, ruled into suitable
24columns, in which shall be entered from day to day, as nonferrous metallic ores or
25minerals are received, the following items: the day, month and year when received;

1the name of the person from whom purchased; the name of the person by whom
2hauled and delivered; name of the owner of the land from which the nonferrous
3metallic
ores or minerals were obtained, or if not known, the name of the diggings
4or some distinct description of the land. The bound book shall be kept at the furnace
5or at the usual place of business of such person or purchaser or his or her agent in
6this state, and shall be open to authorized representatives of the department of
7revenue at reasonable times for inspection and taking extracts.
AB756,57 8Section 57. 107.12 of the statutes is amended to read:
AB756,15,15 9107.12 Penalty. If any person operating a metal recovery system or purchaser
10of nonferrous metallic ores and minerals or the agent of any such person or purchaser
11doing business fails to keep such a book or to make such entries as required under
12s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
13or makes false entries in the book he or she shall forfeit $10 for each offense, one-half
14to the use of the prosecutor; and each day such failure or refusal continues shall be
15deemed a distinct and separate offense.
AB756,58 16Section 58. 107.20 (1) of the statutes is amended to read:
AB756,16,317 107.20 (1) Any provision of an exploration mining lease entered into after April
1825, 1978, granting an option or right to determine the presence, location, quality or
19quantity of nonferrous metallic metalliferous minerals shall be limited to a term not
20exceeding 10 years from the date on which the exploration mining lease is recorded
21in the office of the register of deeds of the county where the property is located, except
22that any provision of an exploration mining lease entered into after April 25, 1978,
23granting an option or right to determine the quality and quantity of nonferrous
24metallic
metalliferous minerals under a prospecting permit shall be limited to a term
25not exceeding 10 years from the date that the lessee applies for a prospecting permit

1under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
2the date on which the exploration mining lease is recorded in the office of the register
3of deeds of the county where the property is located.
AB756,59 4Section 59. 107.20 (2) of the statutes is amended to read:
AB756,16,95 107.20 (2) Any provision of an exploration mining lease entered into after April
625, 1978, granting an option or right to develop or extract nonferrous metallic
7metalliferous minerals shall be limited to a term not exceeding 50 years from the date
8on which the exploration mining lease is recorded in the office of the register of deeds
9of the county where the property is located.
AB756,60 10Section 60. 107.30 (8) of the statutes is amended to read:
AB756,16,1511 107.30 (8) “Mining" or “mining operation" means all or part of the process
12involved in the mining of metallic minerals, other than for exploration or
13prospecting, including commercial extraction, agglomeration, beneficiation,
14construction of roads, removal of overburden, and the production of refuse
has the
15meaning given in s. 293.01 (9)
.
AB756,61 16Section 61. 107.30 (15) of the statutes is amended to read:
AB756,17,417 107.30 (15) “Prospecting" means engaging in the examination of an area for the
18purpose of determining the quality and quantity of minerals, other than for
19exploration but including the obtaining of an ore sample, by such physical means as
20excavating, trenching, construction of shafts, ramps, and tunnels and other means,
21other than for exploration, which the department of natural resources, by rule,
22identifies, and the production of prospecting refuse and other associated activities.
23“Prospecting" does not include such activities when the activities are, by themselves,
24intended for and capable of commercial exploitation of the underlying ore body. The
25fact that prospecting activities and construction may have use ultimately in mining,

1if approved, does not mean that prospecting activities and construction constitute
2mining within the meaning of sub. (8), provided such activities and construction are
3reasonably related to prospecting requirements
has the meaning given in s. 293.01
4(18)
.
AB756,62 5Section 62. 107.30 (16) of the statutes is amended to read:
AB756,17,86 107.30 (16) “Prospecting site" means the lands on which prospecting is actually
7conducted as well as those lands on which physical disturbance will occur as a result
8of such activity
has the meaning given in s. 293.01 (21).
AB756,63 9Section 63. 160.19 (12) of the statutes is amended to read:
AB756,17,1610 160.19 (12) The requirements in this section shall not apply to rules governing
11an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility
12regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
13293 or subch. III of ch. 295, except that the department may promulgate new rules
14or amend rules governing this type of activity, practice or facility if the department
15determines that the amendment or promulgation of rules is necessary to protect
16public health, safety or welfare.
AB756,64 17Section 64. 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB756,18,718 196.491 (3) (a) 3. b. Except as provided under subd. 3. c., within Within 20 days
19after the department provides a listing specified in subd. 3. a. to a person, the person
20shall apply for the permits and approvals identified in the listing. The department
21shall determine whether an application under this subd. 3. b. is complete and, no
22later than 30 days after the application is filed, notify the applicant about the
23determination. If the department determines that the application is incomplete, the
24notice shall state the reason for the determination. An applicant may supplement
25and refile an application that the department has determined to be incomplete.

1There is no limit on the number of times that an applicant may refile an application
2under this subd. 3. b. If the department fails to determine whether an application
3is complete within 30 days after the application is filed, the application shall be
4considered to be complete. Except as provided in s. 30.025 (4), the department shall
5complete action on an application under this subd. 3. b. for any permit or approval
6that is required prior to construction of a facility within 120 days after the date on
7which the application is determined or considered to be complete.
AB756,65 8Section 65. 196.491 (3) (a) 3. c. of the statutes is repealed.
AB756,66 9Section 66. 196.491 (4) (b) 2. of the statutes is amended to read:
AB756,18,1710 196.491 (4) (b) 2. The person shows to the satisfaction of the commission that
11the person reasonably anticipates, at the time that construction of the equipment or
12facilities commences, that on each day that the equipment and facilities are in
13operation the person will consume no less than 70 percent of the aggregate kilowatt
14hours output from the equipment and facilities in manufacturing processes at the
15site where the equipment and facilities are located or in ferrous mineral mining and
16processing activities governed by subch. III of ch. 295 at the site where the equipment
17and facilities are located
.
AB756,67 18Section 67 . 227.42 (4) of the statutes is created to read:
AB756,18,2019 227.42 (4) This section does not apply if a hearing on the matter was conducted
20as a part of a hearing under s. 293.43.
AB756,68 21Section 68. 227.483 (3) (c) of the statutes is repealed.
AB756,69 22Section 69 . 281.35 (5) (e) of the statutes is amended to read:
AB756,19,223 281.35 (5) (e) Right to hearing. Any Except as provided in s. 227.42 (4), any
24person who receives notice of a denial or modification requirement under par. (c) is

1entitled to a contested case hearing under ch. 227 if the person requests the hearing
2within 30 days after receiving the notice.
AB756,70 3Section 70. 281.36 (3g) (h) 2. of the statutes is amended to read:
AB756,19,104 281.36 (3g) (h) 2. If, within 30 days after an application under subd. 1. is
5received by the department, the department does not either request additional
6information or inform the applicant that a wetland individual permit will be required
7as provided in par. (i), the discharge shall be considered to be authorized under the
8wetland general permit and the applicant may proceed without further notice,
9hearing, permit, or approval if the discharge is carried out in compliance with all of
10the conditions of the general permit, except as provided in s. 295.60 (3) (b).
AB756,71 11Section 71. 281.65 (2) (a) of the statutes is amended to read:
AB756,19,2412 281.65 (2) (a) “Best management practices" means practices, techniques or
13measures, except for dredging, identified in areawide water quality management
14plans, which are determined to be effective means of preventing or reducing
15pollutants generated from nonpoint sources, or from the sediments of inland lakes
16polluted by nonpoint sources, to a level compatible with water quality objectives
17established under this section and which do not have an adverse impact on fish and
18wildlife habitat. The practices, techniques or measures include land acquisition,
19storm sewer rerouting and the removal of structures necessary to install structural
20urban best management practices, facilities for the handling and treatment of
21milkhouse wastewater, repair of fences built using grants under this section and
22measures to prevent or reduce pollutants generated from mine tailings disposal sites
23for which the department has not approved a plan of operation under s. 289.30 or s.
24295.51
.
AB756,72 25Section 72. 281.75 (17) (b) of the statutes is amended to read:
AB756,20,2
1281.75 (17) (b) This section does not apply to contamination which is
2compensable under subch. II of ch. 107 or s. 293.65 (4) or 295.61 (8).
AB756,73 3Section 73. 283.84 (3m) of the statutes is amended to read:
AB756,20,74 283.84 (3m) A person engaged in mining, as defined in s. 293.01 (9) or 295.41
5(26)
, prospecting, as defined in s. 293.01 (18), bulk sampling, as defined in s. 293.01
6(2m) or 295.41 (7),
or nonmetallic mining, as defined in s. 295.11 (3), may not enter
7into an agreement under sub. (1).
AB756,74 8Section 74. 287.13 (5) (e) of the statutes is amended to read:
AB756,20,149 287.13 (5) (e) Solid waste produced by a commercial business or industry which
10is disposed of or held for disposal in an approved facility, as defined under s. 289.01
11(3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit
12under s. 295.58,
owned or leased by the generator or on which the generator holds
13an easement
, and designed and constructed for the purpose of accepting that type of
14solid waste.
AB756,75 15Section 75. 289.62 (2) (g) 2. of the statutes is amended to read:
AB756,20,1716 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing
17taconite tailing solids
, 0.2 cent per ton.
AB756,76 18Section 76. 289.62 (2) (g) 6. of the statutes is amended to read:
AB756,20,2019 289.62 (2) (g) 6. For nonhazardous waste rock or for nonacid producing taconite
20waste rock
, 0.1 cent per ton.
AB756,77 21Section 77. 292.01 (1m) of the statutes is amended to read:
AB756,20,2322 292.01 (1m) “Approved mining facility" has the meaning given in s. 289.01 (4)
23and includes a mining waste site, as defined in s. 295.41 (31).
AB756,78 24Section 78. Chapter 293 (title) of the statutes is amended to read:
AB756,20,2525 CHAPTER 293
AB756,21,1
1NONFERROUS METALLIC MINING
AB756,79 2Section 79 . 293.01 (2m) of the statutes is repealed.
AB756,80 3Section 80. 293.01 (5) of the statutes is amended to read:
AB756,21,104 293.01 (5) “Mineral exploration" or “exploration", unless the context requires
5otherwise, means the on-site geologic examination from the surface of an area by
6core, rotary, percussion or other drilling, where the diameter of the hole does not
7exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or
8establishing the nature of a known nonferrous metallic mineral deposit, and includes
9associated activities such as clearing and preparing sites or constructing roads for
10drilling.
AB756,81 11Section 81. 293.01 (7) of the statutes is amended to read:
AB756,21,2112 293.01 (7) “Merchantable by-product" means all waste soil, rock, mineral,
13liquid, vegetation and other material directly resulting from or displaced by the
14mining, cleaning or preparation of nonferrous metallic minerals during mining
15operations which are determined by the department to be marketable upon a
16showing of marketability made by the operator, accompanied by a verified statement
17by the operator of his or her intent to sell such material within 3 years from the time
18it results from or is displaced by mining. If after 3 years from the time merchantable
19by-product results from or is displaced by mining such material has not been
20transported off the mining site, it shall be considered and regulated as refuse unless
21removal is continuing at a rate of more than 12,000 cubic yards per year.
AB756,82 22Section 82. 293.01 (8) of the statutes is created to read:
AB756,21,2423 293.01 (8) “Minerals" mean unbeneficiated metallic ore but does not include
24mineral aggregates such as stone, sand, and gravel.
AB756,83 25Section 83. 293.01 (9) of the statutes is amended to read:
AB756,22,5
1293.01 (9) “Mining" or “mining operation" means all or part of the process
2involved in the mining of nonferrous metallic minerals, other than for exploration,
3bulk sampling,
or prospecting, including commercial extraction, agglomeration,
4beneficiation, construction of roads, removal of overburden and the production of
5refuse.
AB756,84 6Section 84. 293.01 (12) of the statutes is amended to read:
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