Town of Barton, WI Article VI Public Notice; Hearings

§ 357-35 Notice and hearing required; exceptions.

A. A public notice and right of public hearing are required as follows:

(1) For all new mines submitting applications under § 357-27B; and

(2) For existing mines where the county requires the submittal of a new reclamation plan or significant changes to an existing, previously approved plan.

B. No public notice or informational hearing is required for permit applications submitted under § 357-27A for local transportation-related mines.

§ 357-36 Procedures.

The county shall provide public notice and the opportunity for a public informational hearing as set forth below:

A. Public notice.

(1) Within 30 days after the county has received all the application materials under § 357-27, the county shall publish a Class 1 public notice pursuant to § 985.07(1), Wis. Stats., in the official newspaper of the county. The notice shall do all of the following:

(a) Provide a brief description and location of the proposed nonmetallic mining and reclamation planned;

(b) Announce the date, time and place of any scheduled zoning hearing, where the public is offered the opportunity to submit comments to the county concerning the reclamation plan. If no zoning hearing is scheduled, the notice shall explain the procedures for requesting a public hearing; and

(c) Provide the location and times that the public may review the reclamation plans that have been prepared to satisfy the requirements of this chapter.

(2) Copies of the notice shall be forwarded by the county to the applicable municipal zoning board, the applicable local planning organization, the County Zoning Administrator and owners of land within 300 feet of the boundaries of the parcel or parcels of land on which the site is located.

B. Hearing. The county shall provide for an opportunity for a public informational hearing on an application or request to issue a reclamation permit as follows:

(1) If a zoning-related hearing is conducted on the mine site, the county shall provide jointly the opportunity at this hearing for the public to present testimony on reclamation-related matters. This joint hearing shall fulfill the requirement for public hearing for a nonmetallic mining reclamation permit required by this section. The county shall consider the reclamation-related testimony in the zoning-related hearing in deciding on a permit application pursuant to this chapter.

(2) If there is no opportunity for a joint reclamation and zoning-related hearing on the site as described in Subsection B(1), opportunity for public hearing required by this section shall be provided as follows. Any person residing within, owning property within, or whose principal place of business is within 300 feet of the boundary of the parcel or parcels of land in which the mining site is located or proposed may request a public informational hearing. The county shall hold a public informational hearing if requested by any of these persons within 30 days of the actual date of public notice under Subsection A(1). This public informational hearing shall be held no sooner than 30 days nor later than 60 days after being requested. The hearing shall be conducted as an informational hearing for the purpose of explaining and receiving comment from affected persons on the nature, feasibility and effects of the proposed reclamation. The subject matter and testimony at this informational hearing shall be limited to reclamation of the nonmetallic mine site.