Much of that feedback requested review of existing and proposed ordinances, and also requests for new ordinance language, in order to codify the unique provisions presented by the Act 134 and the changes to the metallic mining statutes. WCA’s general counsel at von Briesen & Roper has also identified additional legal considerations that have become apparent since the
Handbook was released.
While WCA originally determined that it would not promulgate a model ordinance with the
Handbook because of the unique nature of each county’s needs, the follow-up since publication of the
Handbook provided an opportunity for WCA to assess the potential benefits of a template ordinance for counties to use as a baseline for modified or new metallic mining ordinances.
WCA worked closely with general counsel to develop the “Template Metallic Mining Ordinance” for counties to consider. WCA hopes the Template Metallic Mining Ordinance will assist Wisconsin’s counties in developing an ordinance that is appropriate for each county’s needs, while also containing the elements that WCA feels are necessary for the ordinance to withstand legal scrutiny.
Background
Wisconsin Act 134, which was enacted December 11, 2017 and becomes effective on July 1, 2018, essentially ends what has been referred to as Wisconsin’s “moratorium” on nonferrous metallic mining (also known as sulfide mining).
With Act 134's passage, nonferrous metallic mining operations will likely increase in Wisconsin given the changes to the current standards and processes applied by the State of Wisconsin Department of Natural Resources.
Resource Available to Counties
To assist counties with these changes in nonferrous metallic mining regulation, WCA developed the
"Non-Ferrous Metallic Mining Regulation Handbook" to aid counties in addressing the issues they confront relating to the complex issue of mining regulation.
Written with the help of
Andrew T. Phillips and
Rebecca J. Roeker with von Briesen & Roper, the handbook is an in-depth look at the overall scope of the changes made to existing mining regulations, including environmental regulations, zoning, licensing, vested rights, equal protection, conditional use permits, and much more.
