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Waterway protection Nonmetallic mining

Nonmetallic Mining

Nonmetallic Mining

If you want to mine rotten granite, stone, rock, sandstone, clay, peat, sand, gravel or other nonmetallic substance, for resale, construction or personal use a permit and/or fee may be required.

Note: If the non-metallic mining is associated with current cranberry growing operations and will result in mineral product being sold, the department has developed guidance [PDF] to clarify permitting and statutory exemptions defined for cranberry culture.

Determine permit required

This is a text version of our nonmetallic mining interactive question and answer module to help you understand if you need a permit to perform maintenance. If you are seeing this message, you currently have JavaScript disabled or are in compatibility mode while using Internet Explorer. This text version is here to help you understand if you need a permit from the Wisconsin Department of Natural Resources for your nonmetallic mining project, and if so, which one. Please go through and answer each question. This will help you determine which permit you will need.

Question 1 :

Will your project include the extraction of minerals such as stone, sand, gravel, rock, asbestos, beryl, clay, feldspar, peat, talc or topsoil for sale or use?

If your answer is "Yes,” go to Question 2.

If your answer is "No,” :

You've answered No:

Your project would not fall within the nonmetallic mining regulations under NR 340. However, your project may require other permits under Ch. 30 or s. 281.36 if your project is in or near a navigable waterway or wetland. Please review the other activities on the department’s website at http://dnr.wi.gov/topic/Waterways/ to determine if other permits are necessary for work in or near a navigable waterway or wetland.

If your project will disturb more than 1 acre of land you may also need to file a Notice of Intent with the stormwater program, please see their website for additional information.

Also please check with your local municipality to determine if permits are required for your project.

Question 2 :

Will your project include any of the following activities?

*A project includes not only the actual extraction of minerals but also any on-site processes or activities such as stockpiling, crushing, screening, scalping or blending.

  • Excavation within a navigable water (dredging)
  • Relocation or moving a navigable water (Stream Realignment)
  • Construction of a pond within 500 ft. of a navigable water (during active mining or after reclamation)
  • Land disturbance such as excavation, grading, stockpiling of materials within 500 feet of a navigable water

If your answer is "Yes,” :

You've answered Yes:

A nonmetallic mining permit will be required under NR 340, Wis. Adm. Code. Please submit an application for an individual permit. *Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

Please note that there are additional permit standards you must meet before the department may approve the permit. Please review the additional standards prior to applying for a permit.

For additional information:

  • about the applicability of NR 340,
  • the regulations for nonmetallic mining and reclamation in or adjacent to navigable waters,
  • and the nonmetallic mining permits issued by municipalities under NR 135,

see the guidance publication,

Also if your property is currently in cranberry production, see whether the nonmetallic mining regulations apply to your project.

Also please be sure to obtain any other federal or local permits or approvals before your begin your project.

If your answer is "No,” :

You've answered No:

A nonmetallic mining permit under NR 340 is not required. However, you will need to obtain approval for your nonmetallic mining operation from your local government under NR 135, Wis. Adm. Code.

In addition to local approval under NR 135, a State industrial stormwater permit under NR 216 for nonmetallic mining will be required.

For additional information about:

  • the applicability of NR 340,
  • the regulations for nonmetallic mining and reclamation in or adjacent to navigable waters,
  • and the nonmetallic mining permits issued by municipalities under NR 135,

see the guidance publication,

Also if your property is currently in cranberry production, see whether the nonmetallic mining regulations apply to your project.

We also have an Operators Guide to Nonmetallic Mining [PDF] that provides answers to typical questions related to the initial application process for nonmetallic mining.

More information about nonmetallic mining in Wisconsin may also be found on our Overview of nonmetallic mining in Wisconsin page. Read our report on Silica Sand Mining in Wisconsin [PDF].

Exemptions

Laws

Local permits and U.S. Army Corps of Engineers regulations may also apply. We advise you to contact your local zoning office and your regional U.S. Army Corps of Engineers office [exit DNR].

Applicable statutes and codes include Section 30.19, Wis. Stats. [PDF exit DNR], Section 30.20, Wis. Stats. [PDF exit DNR], and Chapter NR 340, Wis. Adm. Code [PDF exit DNR].

Last revised: Tuesday May 19 2015