Planning and Regulations  

Local officials and citizens in many communities are interested in the tools available to address the impacts of frac sand mining. Here follows a compilation of planning and regulatory information that might help communities cope with this activity. There is also some discussion of potential tools to respond to frac sand mining in the General Information and Comprehensive Reports section.

Below: Superior Silica Sands Mine in the Town of Auburn, Chippewa County.
Photo by Jim Tittle

Breaking the Rules for Profit, An Analysis of the Frac Sand Industry's Violations of State Regulations and Manipulation of Local Governments in Wisconsin, The Land Stewartship Project - November 2014 - NEW

Local Government Role in Regulating and Controlling Non-Metallic Mining Operations in Wisconsin, Wisconsin Towns Association - December 2011

Town of Howard Schedule and Fees and Forfeitures, ORDINANCE 16, Town of Howard, Chippewa County, WI

Town of Howard Blasting Ordinance, Town of Howard, Chippewa County, WI - March 2009

Town of Howard Mining Agreement (Developers Agreement), Town of Howard, Chippewa County, WI – 2011

Town of Howard, Chapter 17, Nonmetallic Mine Operator’s Licenses, Town of Howard, Chippewa County, WI – 2010

Possible Alternative Provisions for a Non-Metallic Mining Licensing Ordinance, Addendum to Town of Howard Ordinance

Town of Cooks Valley Regulation Court Decision, Supreme Court of Wisconsin - February 2012 

Avoiding a Common But Unintended Violation of Open Meetings Law: A Key Paragraph, Wisconsin Towns Association - February 23, 2012

Wisconsin Open Meetings Law - Summary, Wisconsin Towns Association - February 23, 2012

66.0113 Citation Ordinance, (Sample) Wisconsin Legislature

 

Town Ethics Ordinance, (Sample) Wisconsin Towns Association - February 23, 2012

 

Motion by Town Board Member to Request Closed Session of Town Board, (Sample), Wisconsin Statutes 19.85

 

Resolution Authorizing Village Powers, (Sample), Wisconsin Statutes 60.10(2)(c)

 

Key Paragraph to INCLUDE in a Non-Metallic Mining Licensing Ordinance, Wisconsin Towns Association - February 23, 2012

 

Memo on Moratorium Authority for Towns, Richard J. Stadelman Wisconsin Towns Association -     December 2011

 

Ordinance to Impose a Moratorium on Expansion of Existing and the Creation of New Nonmetallic Mining Operations, (Sample ordinance), Richard J. Stadelman Wisconsin Towns Association

 

Citizens’ Guide to Standards of Conduct for Local Government Officials, Wisconsin Government Accountability Board - January 2006

 

Planning and Zoning for “Frac Sand” Mining, (Part 1 of 4) UW Extension Center for Land Use Education - April 2012

 

Evaluating Non-Metallic Mining: County Comprehensive Plans, (Part 2 of 4) UW Extension Center for Land Use Education - August 2012 

 

Evaluating Non-Metallic Mining: County Zoning Ordinances, (Part 3 of 4) UW Extension Center for Land Use Education - August 2012

 

Evaluating Non-Metallic Mining: Comprehensive Plans and Zoning Ordinances, (Part 4 of 4) UW Extension Center for Land Use Education - August 2012

 

Frac Sand Issue Brief, Wisconsin Dept. of Natural Resources - January 2012

 

Local Ordinance Regulating Nonmetallic Mining Not Subject to County Approval, Joe Forward, State Bar of Wisconsin - February 2012 

 

Mitigating Conflicting Interests: Private Interest vs. Public Responsibility, Wisconsin Government Accountability Board

 

Wisconsin Supreme Court Approves Non-Zoning Town Ordinance Regulating Frac Sand Mining, Brian W. Ohm, UW Extension Planning Law Specialist - February 2012

 

Tools to Assist Local Governments in Planning for and Regulating Silica Sand Projects, Environmental Quality Board - March 7, 2014

 

WEBLINKS:

WISCONSIN SUPREME COURT DECISIONS - Town’s Nonmetallic Mining Ordinance is Not a Zoning Ordinance, American Planning Association - Wisconsin Chapter