293.61 Determination of abandonment of mining. (1) Except as provided under sub. (2), abandonment of mining occurs if there is a cessation of mining, not set forth in an operator’s mining or reclamation plans or by any other sufficient written or constructive notice, extending for more than 6 consecutive months.(2) Abandonment of mining does not occur:(a) If the cessation of mining is due either to labor strikes or to such unforeseen developments as adverse market conditions, as determined by the department;(b) If the cessation of mining does not continue beyond the time period specified by the department. The time limit specified by the department may not exceed 5 years for a mining operation for which a permit is issued under s. 293.49 on or after May 19, 1984. The time limit specified by the department may not exceed 10 years for a mining operation for which a permit is issued under s. 293.49 before May 19, 1984;(c) If the site is maintained in an environmentally stable manner, as determined by the department, during the cessation of mining; and(d) If the reclamation of the site continues according to the reclamation plan during the cessation of mining to the extent manner, as determined by the department, during the cessation of mining; and(d) If the reclamation of the site continues according to the reclamation plan during the cessation of mining to the extent possible.History: 1983 a. 517 s. 1, 2; 1995 a. 227 s. 743; Stats. 1995 s. 293.61.
Wisconsin Legal Code