Regulation

General environmental permits overseen by the DNR deal with air quality, storm water, high-capacity wells, wetlands, and endangered species. Besides these permits, Wisconsin and Minnesota currently lack statewide regulations specific to industrial frac sand mining, setting the stage for intensely local battles. Local units of government have numerous tools at their disposal, such as zoning, licensing ordinances, or even temporary moratoriums, which allow them to influence the location and operating conditions of frac sand developments. Through licensing ordinances, towns may conditionally approve or prohibit frac sand operations on a case by case basis to protect the health, safety, and general welfare of town residents. One of the first such ordinances, adopted by the Town of Cooks Valley, Chippewa County, was challenged by frac sand interests, but was upheld by the Wisconsin Supreme Court in February of 2012. Towns have also negotiated “development agreements” with mining companies, contracts that specify conditions of operation or even payment of fees for maintenance, repair, and reconstruction of town roads.

These tools are very important. Some estimates suggest that in Wisconsin a third of frac sand operations have clustered in unzoned areas, “leaving local officials with little control over how or where mining occurs” (see Wisconsin frac sand sites double).

County and Town Government Resources

Harnish, Thomas W. 2011. Local Government Role in Regulating and Controlling Non-Metallic Mining Operations in Wisconsin: Toolbox for Towns Legal Handbook. Wisconsin Towns Association.

Haines, Anna. 2012 (April). Planning and Zoning for "Frac Sand" Mining. Center for Land Use Education, University of Wisconsin-Extension.

Haines, Anna and William Risse. 2012 (August). Evaluating Nonmetallic Mining: County Zoning Ordinances. Center for Land Use Education, University of Wisconsin-Extension.

Risse, William and Anna Haines. 2012 (August). Evaluating Nonmetallic Mining: County Comprehensive Plans. Center for Land Use Education, University of Wisconsin-Extension.

Risse, William and Anna Haines. 2012 (August). Evaluating Nonmetallic Mining: Comprehensive Plans and Zoning Ordinances. Center for Land Use Education, University of Wisconsin-Extension.