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Mt. Horeb Area Dane County Supervisor Pat Downing, submitted the following Resolution to the Dane County Board. It admonishes SB-249, which if enacted would surverly limit local authority to regulate non-metalic mining. Thanks Pat!

RES.     13-14

OPPOSING LIMITATIONS TO LOCAL CONTROL REGARDING NONMETALLIC MINING,

AIR AND WATER QUALITY, AND HIGHWAY DAMAGE AND USE CONTRACTS

 

The expansion of industrial sand mining and processing in western Wisconsin raises significant local public health, economic, environmental, and quality of life issues.  These are issues that require vigilance and action on the part of local governments, yet a bill pending in the Wisconsin Legislature would limit local control in a number of ways. 

 

Wisconsin Senate Bill 349 has been introduced in the Wisconsin Legislature to restrict local governmental authority to regulate nonmetallic mining and to limit certain governmental powers.  This bill prohibits local governmental units from 1) imposing restrictions related to water or air quality and water quantity; 2) requiring monitoring of water or air quality and water quantity; 3) establishing or enforcing a standard of air or water quality; or 4) issuing permits related to water or air quality and water quantity.    

 

Senate Bill 349 also removes the power of a county to administer an air pollution control program with requirements that are consistent with or stricter than those in relevant state law.

 

The bill prohibits a county from enacting or enforcing a nonmetallic mining reclamation ordinance that requires an operator to obtain a permit other than a reclamation permit, includes a standard of air or water quality, or is more restrictive than Wisconsin Department of Natural Resources standards.

 

Highway use is also addressed in this bill.  SB 349 prohibits counties from imposing any fee or other charge on a highway user for damage to highways caused by the highway user unless the county has entered into a contract with a highway user to reimburse the municipality or county for the cost of repairs to a highway that meets certain specific requirements, including a requirement that the proportion of damages caused specifically by the highway user must be determined by an engineer selected by the user and the county and paid equally by the user and the county.

 

NOW, THEREFORE, BE IT RESOLVED that the Dane County Board of Supervisors supports local control of nonmetallic mining and opposes SB-349 and any state legislation that would preempt the ability of towns and counties to craft their own regulations tailored to their individual circumstances.

 

BE IT FINALLY RESOLVED that a copy of this resolution be sent to Governor Walker, Wisconsin DNR Secretary Stepp, and the Dane County legislative delegation.

 

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