Wis. Admin. Code Department of Natural Resources NR 131.110

Current through November 25, 2024

Section NR 131.110 - Location criteria and environmental standards

(1) No person may establish, construct, operate, or maintain the use of property for any prospecting related buildings, roads, ponds, or other purposes within the following areas except pursuant to an exemption granted under s. NR 131.112 or in compliance with another approval, license, or permit issued by the department:

(a) Within areas identified as unsuitable under s. NR 131.103(25) unless the applicant conclusively certifies that he or she will not subsequently make application for a permit to conduct surface mining at the site.

(b) Within 500 feet of the ordinary high-water mark of any existing navigable lake, pond, or flowage.

(c) Within 500 feet of the ordinary high-water mark of a navigable river or stream.

(d) Within a floodplain.

(e) Within 1,000 feet of the nearest edge of the right-of-way of any of the following unless, regardless of season, the site is visually inconspicuous due to screening or being visually absorbed due to natural objects, compatible natural plantings, earth berm, or other appropriate means, or unless, regardless of season, the site is screened so as to be aesthetically pleasing and inconspicuous to the extent feasible:

1. Any state trunk highway, interstate, or federal primary highway.

2. The boundary of a state public park.

3. The boundary of a scenic easement purchased by the department or the department of transportation.

4. The boundary of a designated scenic or wild river.

5. A scenic overlook designated by the department by administrative rule.

6. A bike or hiking trail designated by the United States congress or the state legislature.

(f) Within wetlands, except pursuant to the provisions under s. 281.36, Stats.

(g) Within areas that will result in noncompliance with applicable groundwater quality and quantity protection provisions.

(h) Within areas that will result in noncompliance with other applicable federal and state laws and regulations.

(2) The requirements in sub. (1) do not apply to an exemption granted under s. NR 131.112 or in compliance with another approval, license, or permit issued by the department.

Wis. Admin. Code Department of Natural Resources NR 131.110

Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (a) made under s. 13.92(4) (b) 7, Stats., Register December 2021 No. 792, eff. 1/1/2022