(1) AREAS SUBJECT TO FEES. (a) Fees shall be assessed pursuant to this section for all unreclaimed acres of a nonmetallic mine site, as defined in s. NR 135.03(25), except the following: 1. Areas that are defined in s. NR 135.03(16) (b) as not subject to this chapter. Fees may not be assessed on acreage where nonmetallic mining is proposed and approved but where no nonmetallic mining has yet taken place. Note: Fees are assessed only on active areas see definition on "unreclaimed acre" under s. NR 135.03(25) (b).
2. Areas that have been determined by the regulatory authority to qualify for fee waiver because of successful interim reclamation pursuant to s. NR 135.41.(b) If reclamation has already occurred on portions of a nonmetallic mine site, the fees for such portions may be submitted with a request that they be held by the regulatory authority pending certification of completed reclamation pursuant to s. NR 135.40(7). Upon such certification, the regulatory authority shall refund that portion of the annual fee applying to the reclaimed areas. If the regulatory authority fails to make a determination under s. NR 135.40(7) (c) within 60 days of the request, the regulatory authority shall refund that portion of the annual fee that applies to the reclaimed areas.(c) The amount collected shall equal the department's share as described in sub. (3), the regulatory authority's share described in sub. (4) and, if applicable, the reclamation plan review fee described in sub. (5). The department's share of the annual fees described in sub. (3) shall be transferred to the department by March 31, for the previous year by the regulatory authority.(2) COLLECTION. (a) The regulatory authority shall collect annual fees from the operator based on the unreclaimed acreage of each nonmetallic mining site described in sub. (1). Annual fees shall be collected for the previous calendar year. (b) Fees shall be paid to the regulatory authority on or before January 31 for the previous calendar year, unless otherwise specified by s. NR 135.18(1) or by the regulatory authority in the applicable reclamation ordinance.(c) The amount collected shall equal the department's share as described in sub. (3), the regulatory authority's share described in sub. (4) and, if applicable, the reclamation plan review fee described in sub. (5). The regulatory authority shall transfer the department's share of the annual fees described in sub. (3) to the department by March 31.(3) DEPARTMENT SHARE. (a) The department's statewide share of the annual fees collected pursuant to this section shall be equal to the department's statewide cost to inspect, enforce, consult with and audit the regulatory authority under this chapter, unless the department is the regulatory authority and collects a fee under sub. (4) (c). If the department is the regulatory authority, the fee in Table 1 may not be collected.(b) The department's share of the annual fee under this subsection submitted to a regulatory authority shall be assessed based on unreclaimed acreage as specified in Table 1. Note: The fees in Table 2 include the department's statewide costs, as well as the department's estimated expenses as the regulatory authority.
Table 1
Department Share of Annual Fees Collected by County and Municipal Regulatory Authorities
Mine Size in Unreclaimed Acres, Rounded to the Nearest Whole Acre | Annual Fee |
1 to 5 acres, does not include mines < 1 acre | $ 35 |
6 to 10 acres | $70 |
11 to 15 acres | $105 |
16 to 25 acres | $140 |
26 to 50 acres | $160 |
51 acres or larger | $175 |
(4) REGULATORY AUTHORITY'S SHARE. (a) The fee under this subsection shall be collected as established in the regulatory authority's applicable reclamation ordinance.(b) The regulatory authority's share of the annual fees shall as closely as possible equal its expenses to administer its reclamation program, including but not limited to, the examination and approval of nonmetallic mining reclamation plans and its costs of ensuring compliance with this chapter, inspecting the reclamation of nonmetallic mining sites and administering their nonmetallic mining reclamation program. These costs shall be limited as follows: 1. Fees collected by the regulatory authority under this section shall be used only for reasonable expenses associated with the administration of this chapter.2. If a county or municipal regulatory authority's fees are greater than those established in par. (c), the county or municipality shall make available for public inspection written documentation of its estimated program costs and the need for fees exceeding those in par. (c) prior to adopting them.(c) If the department is the regulatory authority, the department shall collect a fee based on unreclaimed acreage in Table 2. Table 2
Annual Fees Due Where The Department is the Regulatory Authority
Mine Size in Unreclaimed Acres, Rounded to the Nearest Whole Acre | Annual Fee |
1 to 5 acres, does not include mines < 1 acre | $175 |
6 to 10 acres | $350 |
11 to 15 acres | $525 |
16 to 25 acres | $700 |
26 to 50 acres | $810 |
51 acres or larger | $870 |
(d) If the department collects a fee under this subsection, it may not collect a fee for its statewide costs under sub. (3).(5) RECLAMATION PLAN REVIEW FEE. (a) The regulatory authority may establish a reclamation plan review fee in its applicable reclamation ordinance that may be collected in addition to any annual fee collected pursuant to subs. (3) and (4).(b) If the department is the regulatory authority, the reclamation plan review fee for reclamation plans submitted for review shall be as in Table 3. Table 3
Plan Review Fee for Reclamation Plans Submitted Where the Department is the Regulatory Authority
Proposed Mine Site Size Rounded to the Nearest Whole Acre | One-Time Plan Review Fee |
1 to 25 acres | $1045 |
26 to 50 acres | $1400 |
51 or more acres | $1750 |
(6) REDUCTION OF ANNUAL FEES FOR CERTAIN MINES. (a) A regulatory authority, as part of its applicable reclamation ordinance, may establish reduced annual fees for nonmetallic mines in which nonmetallic mining has not taken place in the previous calendar year.(b) The department's share pursuant to sub. (3) of fees for nonmetallic mines in which no nonmetallic mining has taken place during a calendar year shall be $15.(c) If the department is the regulatory authority, its fee under sub. (4) (c) for mines in which mining has not taken place in the previous calendar year shall be $100.(7) REPORT TO NATURAL RESOURCES BOARD. Within 36 months after December 1, 2000, and within each 5-year period thereafter, the department shall submit to the natural resources board a report on whether the nonmetallic mining reclamation revenue, expenditures and fees established by this section and by other regulatory authorities are reasonable. The report shall be prepared in consultation with the nonmetallic mining advisory committee established under s. NR 135.51.Wis. Admin. Code Department of Natural Resources NR 135.39
Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. (1) (a) 1., (2) to (5) and (7), r. (1) (b), renum. (1) (c) to be (1) (b), cr. (1) (c) Register November 2006 No. 611, eff. 12-1-06.The department intends to continue to consult and seek the advice of representatives of persons affected by the fees established by the department and other regulatory authorities for the purpose of preparing the report to the natural resources board required by this subsection.