To: The Wisconsin State House and The Wisconsin State Senate
Do NOT Preempt Local Control over Frac Sand Mining!
Using the budget to sneak undemocratic state preemption of local control over frac sand mining through the Wisconsin legislature is not acceptable. We urge you to vocally oppose any attempt to use underhanded means to pass legislation that would strip local municipalities' right to govern their own affairs when it comes to frac sand mining.
Why is this important?
Not once, but twice in the last year, legislation aimed at removing control over non-metallic mining for the sake of “regulatory certainty” was introduced by legislators who do not live in frac sand country. This legislation was clearly written by the industry and was, in fact, so sweeping that it threatened to eliminate police powers altogether. It was a breathtaking power-grab by the State that would have left local municipalities with only zoning ordinances for any control over land use. Un-zoned townships would have lost the decision-making power that forms the basis of our democracy.
Fortunately, thanks to strong push-back from engaged citizens, municipalities, and the Towns Association, Wisconsin's tradition of strong local control prevailed and neither of these disastrous bills even made it to a full vote.
However, we are already hearing rumblings from Madison of plans to pass similar legislation under the radar through riders to the 2015 budget. This underhanded tactic has been successfully used before in the case of new rules that came into effect this July making it harder for local citizens to challenge the DNR’s high-capacity well permits. We have good reason to suspect that a similar maneuver will again be used to invalidate the great work being done by local governments to regulate non-metallic mining in Wisconsin. It is not the place of the state to undermine local municipalities by setting regulatory ceilings, limiting their options for deciding how best to promote the health and welfare of their constituents, economies, and ecosystems.
One-size-fits-all state regulation will not work for our diverse communities in regulating this new and booming industry. We urge you to stand strong for local control and do everything in your power to oppose any measure that would reduce local municipalities' ability to regulate frac sand mining as they see fit.
Fortunately, thanks to strong push-back from engaged citizens, municipalities, and the Towns Association, Wisconsin's tradition of strong local control prevailed and neither of these disastrous bills even made it to a full vote.
However, we are already hearing rumblings from Madison of plans to pass similar legislation under the radar through riders to the 2015 budget. This underhanded tactic has been successfully used before in the case of new rules that came into effect this July making it harder for local citizens to challenge the DNR’s high-capacity well permits. We have good reason to suspect that a similar maneuver will again be used to invalidate the great work being done by local governments to regulate non-metallic mining in Wisconsin. It is not the place of the state to undermine local municipalities by setting regulatory ceilings, limiting their options for deciding how best to promote the health and welfare of their constituents, economies, and ecosystems.
One-size-fits-all state regulation will not work for our diverse communities in regulating this new and booming industry. We urge you to stand strong for local control and do everything in your power to oppose any measure that would reduce local municipalities' ability to regulate frac sand mining as they see fit.