Mining and quarrying

Mining and quarrying.

(1) Prohibition. No person other than those engaged in mining or quarrying in the riverway on or prior to October 31, 1989, may engage in that activity in the riverway.

(2) Active operations.

(a) Authorized operations. Persons engaged in mining or quarrying in the riverway on or prior to October 31, 1989, may continue the activity on the parcel of land upon which the activity is located if the activity is visually inconspicuous and if an affidavit on a form supplied by the board is filed with the board before January 1, 1994. The affidavit shall state the operation was active on October 31, 1989, and shall inform the person filing the affidavit the penalty for false swearing under s. 946.32 , Stats.

(b) Area of authorization. The boundaries of the parcel of land mining and quarrying may be conducted on shall be those established in the description of the land in the lease, easement, deed or land contract executed prior to October 31, 1989 which establishes in the person engaged in the activity the interest in or authority to use the parcel. If the instrument described more than one parcel of land, the boundaries and authorized parcel shall be limited to land contiguous to the mining or quarrying activity. A copy of the lease, easement, deed or land contract executed prior to October 31, 1989, shall be filed with the board together with the affidavit required under par. (a) .