Registration of Nonmetallic Mineral Deposits

What is the intent of registration?

Registration is intended to reserve natural resources -- finite nonmetallic mineral resources -- through wise land use planning and zoning, for the needs of future generations. State law, by providing for the registration of marketable nonmetallic mineral deposits, encourages the identification, preservation and planning for the potential development of marketable deposits.

Registration of deposits may also provide protection against any present or future land uses such as the erection of permanent structures that would impede their development. In this way, registration and land use planning and zoning may be used as tools to promote the future development of identified nonmetallic mineral resources.

What information must the landowner provide in order to register the land containing a marketable nonmetallic mineral deposit?

The landowner of property that contains a marketable, nonmetallic mineral deposit may register that land through the recording of a deed notice in the county registrar of deeds office. In addition, there is required documentation criteria that must be met:

1. A legal description of the property;
2. Certification that the existing zoning law (if the land is zoned) permits or conditionally permits mining except where there is no existing zoning;
3. A certification by a registered professional geologist or a registered engineer that the deposit is a "marketable deposit" based on geologic, mineralogical or other scientific data, due to the deposit's quality, scarcity, location, quantity or proximity to a known user;
4. The landowner must provide a statement of intent not to undertake any action that would permanently interfere with mining of the nonmetallic mineral deposit for the duration of the registration.

Who must provide, receive and maintain copies of the proposed registration?

The landowner must notify all applicable zoning authorities and others and provide copies of the proposed registration and supporting documentation at least 120 days prior to the filing of registration. Zoning authorities must have the opportunity to review proposed registrations and, if necessary, object to them. Each zoning authority is required to retain records of proposed registrations of lands containing marketable nonmetallic mineral deposits.

Under what circumstances may a zoning authority object to a proposed registration?

A zoning authority may object to a proposed registration of land that contains a nonmetallic mineral deposit if it is not marketable, or if the existing zoning prohibits mining. If the zoning officials chose to object they bear the legal burden to provide sufficient evidence to support their objection in court.

The zoning authority that objects to the proposed registration must give notice of its intent to object and the reasons for its objection no later than 60 days after receiving landowner notice of intent.

If I have registered the land containing the nonmetallic mineral deposit does that guarantee that I will receive a mining permit?

Registration preserves existing zoning and is only allowed when the existing zoning allows or conditionally allows for mining. However, registration of land containing a marketable nonmetallic mineral deposit does not relieve the property owner or mine operator from the obligation to obtain all necessary permits and approvals to be able to mine the deposit nor does registration create a presumption that these permits will be granted.

What is the duration of registration and how may registration be renewed?

Registration lasts for a period of ten years and, if requested, may be automatically renewed for an additional 10-year period without a new determination of marketability by notifying the zoning authority and recording a deed notice renewing registration with the county registrar of deeds. Renewal of registration shall be recorded at least 10 days and no more than one year before registration expires. After the expiration of the 20-year period of initial registration and automatic renewal, the land may be registered again in accordance with the initial registration process.

A landowner may continue to renew registration of the land on which nonmetallic mining is taking place for an unlimited number of 10-year periods, so long as active mining is taking place on any portion of the registered land.

How can I get more information about the registration requirements in NR 135?

To get more information on NR 135 registration requirements please visit the DNR Web site At this point you can access the administrative code, statute, publications or a list of DNR contacts.