AB930: Bill Text

AB930,6,10 g. Intergovernmental coordination and cooperation issues.

AB930,6,11 h. Historic preservation.

AB930,6,12 i. Urban design issues.

AB930,6,13 j. Protection of land resources, including farmland, forests and wetlands.

AB930,6,15 k. Environmental quality protection issues, including air quality, water quality and wildlife habitat quality.

AB930,6,16 L. Energy issues.

AB930,6,17 m. Land market analysis, including supply, demand and prices.

AB930,6,18 n. Open spaces issues.

AB930,6,20 o. A method to determine whether progress is being made in addressing the elements of the plan.

AB930,6,21 p. Capital improvement programs.

AB930,6,22 q. The role of community groups in land use planning.

AB930,6,23 r. Issues related to the timing of development.

AB930,6,24 s. Issues related to the preparation of official maps.

AB930,7,3 2. "Nonprofit organization" means an organization described in section 501 (c) (3) of the Internal Revenue Code that is incorporated in this state and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB930,7,4 3. "Political subdivision" means a city, village, town or county.

AB930,7,14 (b) 1. A political subdivision, a regional planning commission or a nonprofit organization may apply for a land use planning grant under this subsection on an application prepared by the department. A grant that is awarded under par. (d) to a political subdivision or a regional planning commission shall be used to reimburse the political subdivision or regional planning commission for the costs it incurs in developing its comprehensive land use plan or to fund a land use planning project that is described in the application and that is consistent with the applicant's comprehensive land use plan or both. A grant that is awarded under par. (c) to a nonprofit organization shall be used by the the nonprofit organization for the costs it incurs in developing a comprehensive land use plan.

AB930,7,15 2. In its application, a political subdivision shall certify all of the following:

AB930,7,16 a. That it will develop a comprehensive land use plan.

AB930,7,18 b. That its comprehensive land use plan will substantially meet the land use planning goals under s. 16.023 (1m) (a).

AB930,7,22 c. That it will deliver a comprehensive land use plan, and the proposed ordinances described under subd. 2. d., to the Wisconsin land council under s. 16.023 not later than one year after receiving provisional certification from the department under par. (c).

AB930,7,24 d. That it will enact any ordinances that are necessary to implement the comprehensive land use plan and amend any ordinances that conflict with the plan.

AB930,8,2 e. That it will contribute, from its own funds, an amount equal to at least 25% of the grant amount to fund the costs for which the grant is awarded.

AB930,8,3 f. The amount of the grant that it is requesting.

AB930,8,5 3. In its application, a regional planning commission shall certify all of the following:

AB930,8,6 a. That it will develop a comprehensive land use plan.

AB930,8,8 b. That its comprehensive land use plan will substantially meet the land use planning goals under s. 16.023 (1m) (a).

AB930,8,11 c. That it will deliver a comprehensive land use plan to the Wisconsin land council under s. 16.023 not later than one year after receiving provisional certification from the department under par. (c).

AB930,8,13 d. That it will contribute, from its own funds, an amount equal to at least 25% of the grant amount to fund the costs for which the grant is awarded.

AB930,8,14 e. The amount of the grant that it is requesting.

AB930,8,15 4. In its application, a nonprofit organization shall certify all of the following:

AB930,8,16 a. That it will develop a comprehensive land use plan.

AB930,8,18 b. That its comprehensive land use plan will substantially meet the land use planning goals under s. 16.023 (1m) (a).

AB930,8,21 c. That it will deliver a comprehensive land use plan to the Wisconsin land use council under s. 16.023 not later than one year after receiving certification from the department under par. (c).

AB930,8,22 d. The amount of the grant that it is requesting.

AB930,8,24 e. That it will present its comprehensive land use plan to a political subdivision or a regional planning commission that it has identified in its application.

AB930,9,14 (c) An applicant shall submit its application to the department for a land use planning grant to be made in any year not later than July 1 of the preceding year. If the department believes, based on the application, that the applicant has a reasonable likelihood of successfully developing a comprehensive land use plan and that the applicant's comprehensive land use plan will substantially meet the land use planning goals under s. 16.023 (1m) (a), the department shall grant provisional certification to the applicant and set aside money for the grant if the applicant is a political subdivision or a regional planning commission, or grant certification and award the grant to the applicant from the appropriation under s. 20.505 (1) (z) if the applicant is a nonprofit organization. The applications of certified applicants or applicants who receive grants under this paragraph shall be sent to the Wisconsin land council under s. 16.023. The department shall award grants that equal approximately 5% of the amount of the appropriation under s. 20.505 (1) (z), each year, to nonprofit organizations.

AB930,9,21 (d) 1. If, after receiving the comprehensive land use plan and, in the case of a political subdivision, ordinances described under par. (b) 2. a. and d. or 3. a. within the time period specified under par. (b) 2. c. or 3. c., the Wisconsin land council certifies to the department under s. 16.023 (1m) (b) that the applicant's comprehensive land use plan meets the goals under s. 16.023 (1m) (a), the department shall release the land use planning grant to the applicant from the appropriation under s. 20.505 (1) (z).

AB930,9,25 2. If the Wisconsin land council does not receive the comprehensive land use plan described under par. (b) 4. a. within the time period specified under par. (b) 4. c., or if the council does receive the plan within the specified period and the council certifies to the department that the nonprofit organization's comprehensive land use plan is inadequate, does not meet the goals under s. 16.023 (1m) (a) or was not presented to the political subdivision or regional planning commission that it identified in its application, the department shall, following notification or certification from the council under s. 16.023 (1m) (b), demand repayment of the grant awarded to the nonprofit organization under par. (c) and the nonprofit organization shall repay to the department the amount of the grant that it was awarded.

AB930,10,13 (e) A political subdivision or regional planning commission that receives a comprehensive land use plan that is prepared by a nonprofit organization, as described under par. (b) 4. e., shall review the plan and shall accept it, modify it consistent with the requirements of a comprehensive land use plan and consistent with land use planning goals under s. 16.023 (1m) (a) and accept it as modified or reject it.

AB930,10,17 (f) The department shall promulgate rules to further define a comprehensive land use plan, to further develop appropriate land use goals and to further develop grant application criteria for nonprofit organizations consistent with this subsection.

AB930, s. 7 Section 7. 16.966 (5) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

AB930, s. 8 Section 8. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB930, s. 9 Section 9. 20.505 (1) (z) of the statutes is created to read:

AB930,11,5 20.505 (1) (z) Land use planning grants. From the transportation fund, as a continuing appropriation, the amounts in the schedule for awarding grants under s. 16.966 (5) (c) and (d). No moneys may be encumbered under this paragraph after August 31, 2003.

AB930, s. 10 Section 10. 25.40 (2) (b) 20e. of the statutes is created to read:

AB930,11,7 25.40 (2) (b) 20e. Section 20.505 (1) (z).

AB930, s. 11 Section 11. 59.69 (3m) of the statutes is created to read:

AB930,11,11 59.69 (3m) Comprehensive land use plan. (a) The county zoning agency shall adopt a comprehensive land use plan, as defined in s. 16.966 (5), 2001 stats., not later than January 1, 2004.

AB930,11,14 (b) The board shall adopt a comprehensive land use plan, as defined in s. 16.966 (5), 2001 stats., not later than January 1, 2005, and may adopt in whole or in part, or may amend, the plan adopted by the county zoning agency under par. (a).

AB930, s. 12 Section 12. 60.61 (3s) of the statutes is created to read:

AB930,11,18 60.61 (3s) Comprehensive land use plan. The town board shall adopt a comprehensive land use plan, as defined in s. 16.966 (5), 2001 stats., not later than January 1, 2005.

AB930, s. 13 Section 13. 62.23 (5m) of the statutes is created to read:

AB930,12,3 62.23 (5m) Comprehensive land use plan. (a) The city plan commission shall adopt a comprehensive land use plan, as defined in s. 16.966 (5), 2001 stats., not later than January 1, 2004.

AB930,12,6 (b) The council shall adopt a comprehensive land use plan, as defined in s. 16.966 (5), 2001 stats., not later than January 1, 2005, and may adopt in whole or in part, or may amend, the plan adopted by the city plan commission under par. (a).

AB930, s. 14 Section 14. Nonstatutory provisions.

AB930,12,11 (1) The department of administration shall submit proposed rules under section 16.966 (5) (f) of the statutes, as created by this act, to the legislative council staff for review under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB930,12,19 (2) Using the procedure under section 227.24 of the statutes, the department of administration may promulgate rules under section 16.966 (5) (f) of the statues, as created by this act, for the period before the effective date of the rules submitted under subsection (1), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

AB930, s. 15 Section 15. Effective dates. This act takes effect on the day after publication, except as follows:

AB930,12,23 (1) The treatment of section 15.01 (4) (by Section 2 ) of the statutes and the repeal of section 16.966 (5) of the statutes take effect on September 1, 2003.

AB930,12,24 (End)