Section 293.61. Determination of abandonment of mining.

 

(1)  Except as provided under sub. (2) , abandonment of mining occurs if there is a cessation of mining, not set forth in an operator's mining or reclamation plans or by any other sufficient written or constructive notice, extending for more than 6 consecutive months.

(2)  Abandonment of mining does not occur:

(a) If the cessation of mining is due either to labor strikes or to such unforeseen developments as adverse market conditions, as determined by the department;

(b) If the cessation of mining does not continue beyond the time period specified by the department. The time limit specified by the department may not exceed 5 years for a mining operation for which a permit is issued under s. 293.49 on or after May 19, 1984. The time limit specified by the department may not exceed 10 years for a mining operation for which a permit is issued under s. 293.49 before May 19, 1984;

(c) If the site is maintained in an environmentally stable manner, as determined by the department, during the cessation of mining; and

(d) If the reclamation of the site continues according to the reclamation plan during the cessation of mining to the extent possible.

1983 a. 517 s. 1 , 2 ; 1995 a. 227 s. 743 ; Stats. 1995 s. 293.61.