Chapter 295 — NONMETALLIC MINING RECLAMATION; OIL AND GAS; FERROUS METALLIC MINING

295.11 Definitions.

295.12 Nonmetallic mining reclamation rules.

295.13 Mandatory enactment and administration of ordinance by counties.

295.14 Authority to enact and administer ordinance.

295.15 Fees.

295.16 Applicability of nonmetallic mining reclamation requirements.

295.17 Inspection.

295.18 Department review.

295.19 Enforcement; remedies; penalties.

295.20 Preservation of marketable nonmetallic mineral deposits. SUBCHAPTER II OIL AND GAS

295.31 Definitions; oil and gas.

295.33 Oil and gas exploration and production.

295.35 Departmental powers and duties; oil and gas.

295.37 Penalties; oil and gas. SUBCHAPTER III FERROUS METALLIC MINING

295.40 Legislative findings.

295.41 Definitions.

295.43 Responsibilities related to mining.

295.44 Exploration.

295.443 Local impact committee; local agreement.

295.45 Bulk sampling plan.

295.46 Preapplication description.

295.465 Preapplication notification.

295.47 Application for mining permit.

295.48 Mining plan. SUBCHAPTER I NONMETALLIC MINING RECLAMATION Cross-reference: See also ch. NR 135, Wis. adm. code. 295.11 Definitions. In this subchapter: (1) “Department” means the department of natural resources. (2) “Environmental pollution” means the contaminating or rende…

295.49 Reclamation plan. (1) An applicant for a mining permit shall submit as part of the application a reclamation plan, designed to minimize adverse effects to the environment to the extent practicable, that includes all of the following: (a) A description of the manner, locati…

295.51 Mining waste site location criteria; feasibility study, and plan of operation. (1) DEFINITIONS. In this section: (a) “Groundwater flow net” means a drawing showing equipotential contour lines and the direction that groundwater will flow. (c) “Regional” means relating to th…

295.53 Environmental impact statement. (1) CONSULTANTS. The department may enter into contracts for environmental consultant services under s. 23.41 to assist in the preparation of an environmental impact statement or to provide assistance to applicants. (2) NOTICE. After the dep…

295.56 Exemptions. (1) The department may grant an exemption, as provided in this section, from any of the requirements of this subchapter applicable to any of the following: (a) A mining permit application, including the mining plan, reclamation plan, and mining waste site feasi…

295.57 govern the department’s obligations under ss. 1.11 and 1.12 with respect to a mining project. Sections 23.11 (5) and 23.40 and ss. NR 2.085, 2.09, and 2.157, Wis. Adm. Code, do not apply with respect to a mining project. The rest of ch. NR 2, Wis. May 22, 2026, are designa…

295.58 Mining; department grant or denial of permit. (1) CRITERIA FOR APPROVAL. (a) Except as provided in sub. (2) and except with respect to property specified in s. 41.41 (11), the department shall issue a mining permit if it finds all of the following: 1. That the mining plan …

295.59 Bonds and other security. (1) SECURITY FOR RECLAMATION. (a) Upon notification that an application for a mining permit has been approved by the department but before beginning mining, the operator shall furnish one of the following to the department: 1. A bond, furnished by…

295.60 Impacts to wetlands. (1) DEFINITIONS. In this section: (a) “Artificial wetland” means a landscape feature where hydrophytic vegetation may be present as a result of human modifications to the landscape or hydrology and for which there is no prior wetland or stream history.…

295.605 Impacts to navigable waters. (1) DEFINITION. In this section, “navigable water activity” means an activity for which an approval is required under s. 30.12, 30.123, 30.19, 30.195, or 30.20. (1m) LIMITATION. This section does not apply to any navigable water activity assoc…

295.607 Shoreland and floodplain zoning. (1) (a) In this section: 1. “Development or construction activity” means a waste site, structure, building, fill, or other development or construction activity. 2. “Shoreland zoning ordinance” means a shoreland zoning ordinance or regulati…

295.61 Withdrawals of surface waters and groundwater. (1) DEFINITIONS. In this section: (a) “Authorized base level of water loss” has the meaning given in s. 281.35 (1) (b). (b) “Environmentally sound and economically feasible water conservation measures” has the meaning given in…

295.62 Mining waste site construction and completion reports. (1) An operator shall construct a mining waste site substantially in accordance with the approved mining waste site feasibility study and plan of operation. (2) The operator shall inspect the mining waste site before i…

295.63 Modifications; reporting. (1) (a) An operator at any time may request a change to a mining permit, the mining plan, the reclamation plan, or the mining waste site feasibility study and plan of operation for any mining site that the operator owns or leases, or request cance…

295.635 Required mining waste site inspections, record keeping, reporting, and responses. (1) DEFINITIONS. In this section: (a) “Active dam” means a dam and associated settling area into which tailings or wastewater are being introduced or that has not been reclaimed in a manner …

295.64 Mining site monitoring; general. (1) GENERAL. The department, as a condition of a mining permit, shall require the operator to perform adequate monitoring of environmental changes during the course of the mining and for the additional period of time that is necessary to sa…

295.643 Mining waste site monitoring. (1) GENERAL. The department may require the monitoring of groundwater, surface water, leachate, or other physical features associated with a mining waste site. (2) PHYSICAL FEATURES. The department may require the monitoring of air quality, b…

295.645 Groundwater quality, monitoring, and response. (1) DEFINITIONS. In this section: (a) “Alternative concentration limit” means the concentration of a substance in groundwater established by the department to 295.645 replace a groundwater quality standard when the department…

295.65 Successors. (1) When one operator succeeds to the interest of another in an uncompleted mining operation by sale, assignment, lease, or otherwise, the department shall release the first operator from the duties imposed upon the first operator by this subchapter as to the m…

295.66 Cessation of mining or reclamation. If there is a cessation of mining or reclamation for 30 days or more that is not set forth in either the mining plan or the reclamation plan, the operator shall notify the department of the cessation within 48 hours of the cessation of m…

295.67 Determination of abandonment of mining. (1) Except as provided in sub. (2), abandonment of mining occurs if there is a cessation of mining, not set forth in an operator’s mining plan or reclamation plan or by any other sufficient written or constructive notice, extending f…

295.68 Certificates of completion and release of security. (1) Upon the petition of the operator, but not less than 4 years after notification to the department by the operator of the completion of the reclamation plan or not less than one year after notification to the departmen…

295.69 Termination of proof of financial responsibility for long-term care of mining waste site. (1) One year after closure, and annually thereafter until the department terminates the obligation to maintain proof of financial responsibility for long-term care of a mining waste s…

295.695 Inspections by the department. (1) Any duly authorized officer, employee, or representative of the department who has received the safety training under 30 CFR 48.31 may enter and inspect any property, premises, or place on or at which any mining operation or facility is …

295.73 Fees. (1) (a) Except as provided in par. (b), an applicant for a mining permit is not required to pay any application or filing fee for any approval other than a mining permit, notwithstanding any fee required under ch. 23, 29, 30, 31, 169, 281, 283, 285, 289, or 291, or r…

295.75 Effect of other laws. (1) Except as provided in sub. (2), if there is a conflict between a provision in this subchapter and a provision in ch. 23, 29, 30, 31, 160, 169, 281, 283, 285, 289, or 291 or in a rule promulgated under one of those chapters, the provision in this s…

295.77 (3) of the amount required. The operator may post a bond or other security in the amount required by the department and begin mining without forfeiting its right to seek review. History: 2013 a. 1.