295.20 Preservation of marketable nonmetallic mineral deposits.

402 words·~2 min read·/wi/chapter-295/295-20-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Registration.

(a)Beginning on October 14, 1997, a landowner may register land owned by that person under this section if all of the following apply:

1. The land has a marketable nonmetallic mineral deposit, as evidenced by the certification of a professional geologist licensed under ch. 470 or a professional engineer registered under s. 443.04 and by any other information required under sub.

(4).

2. The landowner notifies each county, city, village and town that has authority to zone the land of his or her intent to register the marketable nonmetallic mineral deposit. The notification shall include the evidence required under subd. 1.

3. Nonmetallic mining is a permitted or conditional use for the land that is proposed to be registered under any zoning that is in effect on the day on which the landowner makes the notification under subd. 2.

(b)A governmental unit that receives notification under par.

(a)2. may contest registration under this subsection, in the circuit court for a county in which the land is located, on the grounds that there is not a marketable nonmetallic mineral deposit on the land or that par.

(a)3. is not satisfied. The governmental unit has the burden of proving, by a preponderance of the evidence, that one of those grounds exists.

(c)The registration shall delineate the nonmetallic mineral deposit and is valid only if recorded in the office of the register of deeds in each county in which the nonmetallic mineral deposit is located.

(d)Except as provided under sub.

(d), a registration under this subsection lasts for 10 years and may be renewed as provided in the rules under sub.

(e).

(1m)Previously registered deposits. Land registered under sub.

(1)before October 14, 1997, shall remain registered for 10 years after the initial date of registration. The registration may be renewed as provided under sub.

(f).

(2)Limitation on zoning.

(a)A county, city, village or town may not by zoning, rezoning, granting a variance, or other official action or inaction, permit the erection of permanent structures upon, or otherwise permit the use of, any land, while a registration under this section is in effect for that land, in a manner that would permanently interfere with the present or future extraction of the nonmetallic mineral deposit that is located on the land.