Section NR 135.23 - Automatic permitting and expedited permit review(1) AUTOMATIC PERMITTING OF BORROW SITES FOR LOCAL TRANSPORTATION PROJECTS. (a) The regulatory authority shall automatically issue an expedited permit under this subsection if the borrow site: 1. Will be opened and reclaimed under contract with a municipality within a period not exceeding 36 months;2. Is a nonmetallic mine which is intended to provide stone, soil, sand or gravel for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility or other transportation facility under contract with a municipality;3. Is regulated and will be reclaimed under contract with a municipality in accordance with the requirements of the department of transportation concerning the restoration of nonmetallic mining sites;4. Is not a commercial source;5. Will be constructed, operated and reclaimed in accordance with applicable zoning requirements, if any, and;6. Is not otherwise exempt from the requirements of this chapter under s. NR 135.02(3).(b) The applicant shall notify the regulatory authority of the terms and conditions of the contract with respect to reclamation of the proposed borrow site.(c) The applicant shall provide evidence to the regulatory authority to show that the borrow site and its reclamation will comply with applicable zoning requirements, if any.(d) The regulatory authority shall accept the contractual provisions incorporating requirements of the department of transportation in lieu of a reclamation plan under s. NR 135.19.(e) The regulatory authority shall accept the contractual provisions in lieu of the financial assurance requirements in s. NR 135.40.(f) The public notice and hearing provisions of s. NR 135.20 do not apply to nonmetallic mining sites that are issued automatic permits under this subsection. Note: Local public notice and hearing requirements, if any, regarding zoning decisions still apply.
(g) The annual fees under s. NR 135.39 shall apply, however, the regulatory authority may not charge a plan review fee or an expedited plan review fee. Notwithstanding s. NR 135.39(4) (b) and (c), the total annual fee including the department share shall not exceed the amount in Table 3 of s. NR 135.39.(h) The regulatory authority shall issue the automatic permit within 7 days of the receipt of a complete application.(i) If the borrow site is used to concurrently supply materials for other than the local transportation project, the automatic permitting in this subsection still applies provided the site will reclaimed under a contractual obligation with the municipality in accordance with the department of transportation requirements.(j) Notwithstanding s. NR 135.36, the operator of a borrow site under this subsection is required to submit only the information in an annual report necessary to identify the borrow site and to determine the applicable annual fee.(2) EXPEDITED PERMITTING. (a) An applicant may request expedited permit review by proceeding in accordance with par. (b) or (c).(b) An applicant may submit a request for expedited review with payment of the fee required under s. NR 135.39(4). This request shall state the need for expedited review and the date by which the expedited review is requested.(c) An applicant may submit a request for an expedited review if the applicant requires a reclamation permit to perform services under contract with a municipality. This request for expedited review shall state the need for expedited review and shall include a copy of the applicable sections of the contract and the date by which the expedited review is requested.(d) Following receipt of a request under this subsection, the regulatory authority shall inform the applicant of the estimated date for decision on issuance of the permit. If the applicant then elects not to proceed with the expedited review, the fee paid pursuant to par. (b) shall be returned.(e) The expedited review process may not waive the requirements of this subchapter for public notice and hearing. This section does not impose an obligation upon the regulatory authority to act upon a permit application under this section by a specific date.Wis. Admin. Code Department of Natural Resources NR 135.23
Cr. Register, September, 2000, No. 537, eff. 12-1-00.