Chapter NR 135

NR 135.58 NR 135.58 Objection to registration by a zoning authority.

NR 135.58(1) (1) A zoning authority of land that a landowner intends to register as a marketable nonmetallic mineral deposit may object to the proposed registration only if it gives notice of its intent to object and the reasons for its objection no later than 60 days after receiving notice of intent pursuant to s. NR 135.56 (3). A zoning authority may object to registration only on the grounds of one of the following conditions:

NR 135.58(1)(a) (a) Zoning in effect on the date that notice of intent to register land containing a deposit was provided to the zoning authority does not permit or conditionally permit nonmetallic mining under the criteria in s. NR 135.56 (3) (b); or

NR 135.58(1)(b) (b) There is not a marketable nonmetallic mineral deposit, as defined in s. NR 135.54, on the land proposed to be registered.

NR 135.58(2) (2) A landowner who is notified under sub. (1) of the zoning authority’s intent to object may withdraw or modify the proposed registration of a deposit.

NR 135.58(3) (3) A zoning authority may sustain its objection to registration only by filing suit in the circuit court with jurisdiction over the land to be registered within 60 days of providing notice to object pursuant to sub. (1). The zoning authority may prevail in this suit only if it demonstrates by a preponderance of credible evidence that, notwithstanding any modifications pursuant to sub. (2), one of the conditions in sub. (1) (a) or (b) exists.

NR 135.58 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.59 NR 135.59 Duration and renewal of registration.

NR 135.59(1) (1) Registration of land containing a marketable nonmetallic mineral deposit expires 10 years after the date registration is recorded unless renewed according to this section.

NR 135.59(2) (2) A landowner may not renew registration of land containing a marketable nonmetallic mineral deposit if the deposit has been commercially depleted.

NR 135.59(3) (3) 

NR 135.59(3)(a) (a) A landowner may renew registration of land containing a marketable nonmetallic mineral deposit upon which mining has not yet taken place for one additional 10-year term without a new determination of marketability by notifying the zoning authority and recording a deed notice renewing registration with the county registrar of deeds. Renewal of registration shall be recorded at least 10 days and no more than one year before registration expires. A zoning authority may object to this one-time renewal according to the procedures of s. NR 135.58, but only on the grounds that there is no longer a marketable nonmetallic mineral deposit. Once this one-time renewal of registration has expired, the landowner may register land containing the deposit again in accordance with this subchapter.

NR 135.59(3)(b) (b) A landowner may not submit a notice of intent to register land containing a nonmetallic mineral deposit more than one year before the expiration of current registration.

NR 135.59(4) (4) Notwithstanding sub. (3), a person may continue to renew registration in accordance with this section of land on which nonmetallic mining is taking place for an unlimited number of 10-year periods, so long as active mining is taking place on any portion of the registered land.

NR 135.59(5) (5) Registration of land containing a marketable nonmetallic mineral deposit may not be rescinded by the county in which it is located, or by the landowner or his or her successors or assigns except by expiration in accordance with this section or by termination pursuant to s. NR 135.61.

NR 135.59 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.60 NR 135.60 Previously registered deposits.

NR 135.60(1) (1) Land that has been registered as an economically viable nonmetallic mineral deposit under s. 144.9407 (9), 1993 Stats., or s. 295.20, Stats., prior to December 1, 2000 shall become a registered marketable nonmetallic mineral deposit to which this subchapter applies.

NR 135.60(2) (2) Land registered under sub. (1) shall remain registered as a marketable nonmetallic mineral deposit for a period that ends 10 years after the initial date of registration was recorded as a notation in the office of the registrar of deeds in the county in which the nonmetallic mineral deposit is located. After this 10-year registration period, the land may be re-registered as a marketable nonmetallic mineral deposit in accordance with s. NR 135.56. Land which has become registered pursuant to sub. (1) may not be re-registered for a 10-year term as provided in s. NR 135.59 (3).

NR 135.60 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.61 NR 135.61 Termination of registration of a depleted deposit. The landowner may terminate registration under this subchapter of land containing a marketable nonmetallic mineral deposit where the deposit has been depleted, or where the deposit is no longer economically viable to mine. Termination of registration shall be accomplished by the landowner filing a statement of the foregoing, with supporting certification by a registered licensed professional geologist or registered professional engineer, at the office of the register of deeds in the county in which the land is located.

NR 135.61 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. Register November 2006 No. 611, eff. 12-1-06.

NR 135.62 NR 135.62 Relationship to planning and zoning.

NR 135.62(1) (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.

NR 135.62(2) (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.

NR 135.62(3) (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.

NR 135.62(4) (4) 

NR 135.62(4)(a) (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.

NR 135.62(4)(b) (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.

NR 135.62(4)(c) (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.

NR 135.62 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.63 NR 135.63 Right of eminent domain. Nothing in this subchapter affects any state, county or municipal authority to acquire property by eminent domain.

NR 135.63 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.64 NR 135.64 Exceptions. Nothing in this subchapter shall prohibit:

NR 135.64(1) (1) A use of land permissible under a zoning ordinance on the day before the land containing a marketable nonmetallic mineral deposit was registered pursuant to this subchapter.

NR 135.64(2) (2) Acquisition of land containing a registered marketable nonmetallic mineral deposit by a county, municipality or other governmental unit for a public purpose.

NR 135.64 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.