Section 295.607. Shoreland and floodplain zoning.

 

(1)  

(a) In this section:

1. “Development or construction activity" means a waste site, structure, building, fill, or other development or construction activity.

2. “Shoreland zoning ordinance" means a shoreland zoning ordinance or regulation adopted under s. 59.692 , 61.351 , 61.353 , 62.231 , 62.233 , or 281.31 .

(2)  

(a) The department may not prohibit a development or construction activity to be located in an area that would otherwise be prohibited under a shoreland zoning ordinance if the development or construction activity is authorized by the department as part of a mining operation covered by a mining permit under s. 295.58 .

(b) A development or construction activity located in an area that would otherwise be prohibited under a shoreland zoning ordinance does not violate the applicable ordinance if the development or construction activity is authorized by the department as part of a mining operation covered by a mining permit under s. 295.58 . No shoreland zoning variance is required for a development or construction activity located as provided under this paragraph.

(3)  A municipal floodplain zoning ordinance under s. 87.30 may not prohibit development or construction activity authorized by the department as part of a mining operation covered by a mining permit under s. 295.58 , except to the extent necessary for the municipality to which the floodplain zoning ordinance applies to maintain eligibility for participation in the National Flood Insurance Program.

2013 a. 1 , 80 .