13.03.040 Public notice and right of hearing.
(1) Reclamation Plan Hearing. Kenosha County Department of Planning and Development shall, provide public notice and the opportunity for a public informational hearing as set forth below:
(a) Public Notice.
1. When Kenosha County Department of Planning and Development receives an application to issue a reclamation permit, it shall publish a public notice of the application no later than 30 days after receipt of a complete application that satisfies section 13.03-1.
2. The notice shall briefly describe the mining and reclamation planned at the non-metallic mining site. The notice shall be published as a class 2 notice pursuant to s. 985.07(2), Stats., in the official newspaper of Kenosha County Department of Planning and Development. The notice shall mention the opportunity for public hearing pursuant to this section and shall give the locations at which the public may review the application and all supporting materials including the reclamation plan.
3. Copies of the notice shall be forwarded by Kenosha County Department of Planning and Development to the applicable local zoning board, the applicable local planning organization, the applicable land conservation officer, and owners of land within 300 feet of the boundaries of the parcel or parcels of land on which the site is located.
(b) Hearing. Kenosha County Department of Planning and Development shall provide for an opportunity for a public informational hearing, before the Kenosha County Land Use Committee, on an application or request to issue a non-metallic mining reclamation permit as follows:
1. If it conducts a zoning-related hearing on the non-metallic mine site, Kenosha County Department of Planning and Development shall provide the opportunity at this hearing to present testimony on reclamation-related matters. This opportunity shall fulfill the requirement for public hearing for a non-metallic mining reclamation permit required by this section. Kenosha County Department of Planning and Development shall consider the reclamation-related testimony in the zoning-related hearing in deciding on a permit application pursuant to this chapter.
2. If there is no opportunity for a zoning-related hearing on the non-metallic mine site as described in Section 13.03-4(b)(1), opportunity for public hearing required by this section shall be provided as follows. Any person residing within, owning property within, or whose principal place of business is within 300 feet of the boundary of the parcel or parcels of land in which the non-metallic mining site is located or proposed may request a public informational hearing. Kenosha County Department of Planning and Development shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice under section 13.03-4(1)(a). This public informational hearing shall be held no sooner than 30 days nor later than 60 days after being requested. The hearing shall be conducted as an informational hearing for the purpose of explaining and receiving comment from affected persons on the nature, feasibility and effects of the proposed reclamation.
3. The subject matter and testimony at this informational hearing shall be limited to reclamation of the non-metallic mine site.
Note: Informational hearings are limited to reclamation of the nonmetallic mining site. Regulatory authority staff conducting the hearings should make it clear that the hearings may not cover non-reclamation matters because they are beyond the scope of NR 135 reclamation. Non-reclamation matters are those related to zoning or subject to other local authority. These matters may include but are not limited to: traffic, setbacks, blasting, dewatering, hours of operation, noise or dust control or the question of whether to use the land for mining.
(2) Local Transportation – Related Mines. No public notice or informational hearing is required for a non-metallic mining reclamation permit issued to a local transportation-related mine pursuant to section 13.03-5(3). [Code § 13.03-4, 2018.]