Section NR 135.58 - Objection to registration by a zoning authority(1) A zoning authority of land that a landowner intends to register as a marketable nonmetallic mineral deposit may object to the proposed registration only if it gives notice of its intent to object and the reasons for its objection no later than 60 days after receiving notice of intent pursuant to s. NR 135.56(3). A zoning authority may object to registration only on the grounds of one of the following conditions: (a) Zoning in effect on the date that notice of intent to register land containing a deposit was provided to the zoning authority does not permit or conditionally permit nonmetallic mining under the criteria in s. NR 135.56(3) (b); or(b) There is not a marketable nonmetallic mineral deposit, as defined in s. NR 135.54, on the land proposed to be registered.(2) A landowner who is notified under sub. (1) of the zoning authority's intent to object may withdraw or modify the proposed registration of a deposit. (3) A zoning authority may sustain its objection to registration only by filing suit in the circuit court with jurisdiction over the land to be registered within 60 days of providing notice to object pursuant to sub. (1). The zoning authority may prevail in this suit only if it demonstrates by a preponderance of credible evidence that, notwithstanding any modifications pursuant to sub. (2), one of the conditions in sub. (1) (a) or (b) exists. Wis. Admin. Code Department of Natural Resources § NR 135.58
Cr. Register, September, 2000, No. 537, eff. 12-1-00.