AB424: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB424, s. 1 Section 1. 59.971 (1) (ag), (am) and (ar) of the statutes are created to read:

AB424,2,4 59.971 (1) (ag) "Nonconforming building" has the meaning specified by rule by the department of natural resources for purposes of floodplain zoning under s. 87.30 and includes a building with a nonconforming use.

AB424,2,6 (am) "Nonconforming use" has the meaning specified by rule by the department of natural resources for purposes of floodplain zoning under s. 87.30.

AB424,2,8 (ar) "Nonflood disaster" means a fire or an ice storm, tornado, windstorm, mudslide or other destructive act of nature, but excludes a flood.

AB424, s. 2 Section 2. 59.971 (1t) of the statutes is created to read:

AB424,2,13 59.971 (1t) (a) For nonconforming buildings that are damaged or destroyed by a nonflood disaster an ordinance enacted under this section shall permit the repair, reconstruction or improvement of any such nonconforming building in order to restore it after the nonflood disaster, except as provided in par. (b).

AB424,3,4 (b) An ordinance enacted under this section may not permit the repair, reconstruction or improvement of a nonconforming building if the nonconforming building, after repair, reconstruction or improvement, will fail to conform to the requirements specified in s. 87.30 (1d) (c).

AB424, s. 3 Section 3. 59.972 of the statutes is repealed.

AB424, s. 4 Section 4. 61.351 (1) (a) of the statutes is amended to read:

AB424,3,7 61.351 (1) (a) "Shorelands" has the meaning specified under s. 59.971 (1) (b).

AB424, s. 5 Section 5. 62.231 (1) (a) of the statutes is amended to read:

AB424,3,9 62.231 (1) (a) "Shorelands" has the meaning specified under s. 59.971 (1) (b).

AB424, s. 6 Section 6. 87.30 (1d) of the statutes is created to read:

AB424,3,11 87.30 (1d) Improvements to nonconforming buildings. (a) In this subsection:

AB424,3,14 1. "Nonconforming building" has the meaning specified by rule by the department for purposes of floodplain zoning under this section and includes a building with a nonconforming use.

AB424,3,16 2. "Nonconforming use" has the meaning specified by rule by the department for purposes of floodplain zoning under this section.

AB424,3,18 3. "Nonflood disaster" means a fire or an ice storm, tornado, windstorm, mudslide or other destructive act of nature, but excludes a flood.

AB424,3,22 (b) For nonconforming buildings that are damaged or destroyed by a nonflood disaster a floodplain zoning ordinance shall permit the repair, reconstruction or improvement of any such nonconforming building, in order to restore it after the nonflood disaster except as provided in par. (c).

AB424,4,2 (c) A floodplain zoning ordinance may not permit the repair, reconstruction or improvement of a nonconforming building if the nonconforming building, after repair, reconstruction or improvement, will fail to meet one or more of the minimum requirements applicable to such a nonconforming building under 42 USC 4001 to 4129 or under the regulations promulgated thereunder.

AB424, s. 7 Section 7. 87.307 of the statutes is repealed.

AB424, s. 8 Section 8. 144.26 (2) (f) of the statutes is amended to read:

AB424,4,6 144.26 (2) (f) "Shorelands" means the lands specified under par. (e) and s. 59.971 (1) (b).

AB424, s. 9 Section 9. Initial applicability; natural resources.

AB424,4,10 (1)  The treatment of section 59.971 (1t) of the statutes first applies to provisions under a county shoreland zoning ordinance on the effective date of this subsection regardless of when the county shoreland zoning ordinance was enacted.

AB424,4,12 (2)  The treatment of section 59.971 (1t) of the statutes first applies to repairs, reconstruction and improvements that begin on the effective date of this subsection.

AB424,4,15 (3)  The treatment of section 87.30 (1d) of the statutes first applies to provisions under a floodplain zoning ordinance on the effective date of this subsection regardless of when the floodplain zoning ordinance was enacted.

AB424,4,17 (4)  The treatment of section 87.30 (1d) of the statutes first applies to repairs, reconstruction and improvements that begin on the effective date of this subsection.

AB424,4,18 (End)