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• 39: Number of registered, inactive non -conforming mineral extraction sites without an approved <br />reclamation plan (sites either dormant or reclaimed since at least 2001) <br />B. Corporation Counsel has issued an opinion affirming the county board's authority to amend the <br />ordinance to treat nonconforming mineral extraction sites in the same manner as other <br />nonconforming uses (see attached opinion). <br />C. The key problem with NC sites that have been inactive for over 12 months is the potential land use <br />conflicts that can arise when neighboring properties do not have a reasonable ability to anticipate <br />such a use. An NC site in operation is often visible from the public right away, from neighboring <br />properties and is also visible in aerial imagery. In addition, a copy of the site's reclamation permit <br />and reclamation plan is available for public'review. An NC site that has not been in operation for a <br />long period of time, and in some cases has never been in operation, is not so obvious. Such sites <br />often simply look like agricultural land or open space. It is not reasonable to expect that a person <br />living, or investing in property, near such a site would have any reason to believe that a mineral <br />extraction operation.. could suddenly commence without public review and comment. A Chapter 74 <br />permit, required for any site to become active, is for the reclamation only— not for the operation of the <br />site. The process for that permit also does not involve review and approval by the local town <br />Planning Commission, Town Board, County Zoning and Land Regulation (ZLR) committee or the <br />County Board, nor all of the associated public notice, meetings and/or public hearings. <br />D. In addition to protecting existing uses as described for typical "grandfathering" of sites, some argue <br />the process of identifying and registering NC sites also played a role in preserving mineral resources <br />for future generations. NC status is not required to achieve this goal. In an effort to preserve mineral <br />resources for the needs of future generations, the state administrative rule (NR135), and Dane <br />County Chapter 74 (Subchapter VI), contain provisions for formal registration of mineral deposits that <br />serve to protect the deposits until their eventual development. Subchapter VI of Chapter 74 explains <br />that since 1994, an owner of a marketable deposit of minerals under NR135.53-64 could register that <br />site with the Dane County Register of Deeds, with Dane County Zoning, and with the municipality in <br />which the deposit is located. Registration must be accompanied by a geologist's statement that the <br />site contains marketable deposits of minerals. Once registered, a site may not receive a building <br />permit or zoning change that would permanently interfere with a potential mineral extraction <br />operation. The registration lasts for 10 years with a chance of a renewal for another 10 years. The <br />registration option is a more suitable and transparent means of preserving mineral resources than <br />allowing inactive sites to retain non -conforming status in perpetuity. <br />E. Removing the current ordinance protection would ensure that any future mineral extraction <br />operations on long inactive or abandoned sites would have to be done in conformance with the <br />zoning ordinance. Mineral extraction is a land use that -can have major implications for existing <br />neighboring uses, particularly residential uses. Staff supports the proposed change to the ordinance <br />and believes the change will result in a more transparent process for mineral extraction operations <br />and fewer neighbor complaints. It will also ensure more consistency among operations across the <br />county. <br />V. TIMELINE FOR TOWN ACTION. <br />As with all amendments to Chapter 10, town board action is required within 30 days of the county <br />public hearing on the amendment. Town officials, please review the attached ordinance <br />amendment and submit a town board action report by Thursday, February 27th. You may <br />submit a hardcopy report by mail or fax, or utilize the online town action report form available .at <br />http://www.countvofdane.com/plandev/Town Information.aspx. <br />ATTACHMENTS: Copy of OA 26, 2013-14; NC Mineral Extraction Map; Corporation Counsel opinion <br />Page 3 of 3 <br />