Section NR 182.105 - Location criteria No person may establish, construct, operate, maintain, or permit the use of property for a nonferrous mining waste facility within any of the following areas, except pursuant to an exemption granted under s. NR 182.119:
(1) Within areas identified as unsuitable in s. 293.01(28), Stats., and in s. NR 131.103 or 132.103(27). In addition to the areas specified in s. 293.01(28) (a), Stats., the presence of endangered and threatened species as designated by the department under s. 29.604, Stats., shall be considered.(2) Within 1,000 feet of any navigable lake, pond, or flowage.(3) Within 300 feet of a navigable river or stream.(5) Except when the site is screened by natural objects, plantings, fences, or other appropriate means so as to be as aesthetically pleasing and inconspicuous as is feasible, within 1,000 feet of the nearest edge of the right-of-way of any of the following: (a) Any state trunk highway, interstate highway, or federal primary highway.(b) The boundary of any state or federal park.(c) The boundary of a scenic easement purchased by the department or the department of transportation.(d) The boundary of a designated scenic or wild river.(e) A scenic overlook designated by the department by rule.(f) A bike or hiking trail designated by the United States congress or the state legislature.(6) Within 1,200 feet of any public or private water supply well.(7) Within an area that contains known mineral resources at the time of initial application that are likely to be mined in the future and lie within 1,000 feet of the surface.(8) Within 200 feet of a fault that has had displacement in Holocene time.(9) Within seismic impact zones.(10) Within unstable areas.(11) Within 200 feet of the property line.(12) Within an area where the department, after investigation, finds that there is a reasonable probability that disposal of mining waste within such an area will result in a violation of applicable surface water quality criteria and standards as specified in chs. NR 102 to 104.(13) Within an area where the department finds, after investigation, there is a reasonable probability that disposal of mining waste within such an area will cause groundwater quality enforcement standards to be attained or exceeded beyond the design management zone specified in s. NR 182.107.(14) Within wetlands, except pursuant to the provisions under s. 281.36, Stats.Wis. Admin. Code Department of Natural Resources NR 182.105
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (intro.) made under s. 13.92(4) (b) 7, Stats., Register December 2021 No. 792, eff. 1/1/2022