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Board approves update to nonmetallic mining reclamation ordinance to align with DNR NR 135
Summary
The Rock County Board approved amendments to the county's nonmetallic mining reclamation ordinance to conform language to Wisconsin DNR rules (NR 135) following a 2024 DNR audit; county staff said the changes have no fiscal impact and do not regulate solar fields.
The Rock County Board voted to approve an amendment to Chapter 4, Subchapter 2, Part 10 of the Rock County Code of Ordinances to update nonmetallic mining reclamation language and bring the county into alignment with Wisconsin Department of Natural Resources requirements under NR 135.
Paul King, conservation specialist for Rock County's Land Conservation Department, told the board the amendment responds to a routine DNR performance audit in August 2024 and is intended to correct language inconsistent with NR 135. "I administer Rock County's nonmetallic mining reclamation program, which is represented by the nonmetallic mining reclamation ordinance," King said while summarizing the program's history and the audit findings.
King provided historical context: Rock County adopted its first nonmetallic mining reclamation ordinance in February 2001, amended it in February 2007, and recodified it in February 2013. He said the DNR review identified specific language differences and recommended updates; county staff and corporation counsel worked on the draft amendment.
Supervisor Schwartz asked whether the ordinance would regulate solar fields where soil is moved and pylons driven; King answered, "No sir, this does not regulate any of the solar fields." Schwartz also asked about removal of a clause limiting county liability from older language; corporation counsel said the DNR recommended removing that clause because it is not reflected in NR 135 and that removing it from the county ordinance does not waive immunities or increase county risk.
A motion to approve the amendment was made by Supervisor Bostwick and seconded by Supervisor Knutson. The board approved the ordinance amendment by voice vote; no roll-call tally was recorded in the transcript. King said the amendment carries no fiscal impacts and does not change how the county administers the program.
