Individual notice requirements
This bill requires a political subdivision to provide written notice to a
landowner that potential action by the political subdivision may affect the allowable
use of the landowner's property. The bill also requires counties and towns to provide
such notice if a proposed zoning ordinance will affect the size or density requirements
of a landowner's property. In addition, the bill eliminates a political subdivision's
authority under current law to impose a fee for providing notice.
Vested rights
This bill requires a political subdivision to deny or approve a permit for activity
related to a specific and identifiable land development based on regulations and
ordinances in effect at the time that the permit application was submitted for
approval. Also, if a project requires an approval from a state agency and a political
subdivision, the existing requirements applicable at the time of filing the first
application, whether filed with the state agency or political subdivision, are

applicable to all subsequent approvals required for the project. The bill also provides
that any deadline set by the political subdivision for approving a permit application
must be extended so that it coincides with the period in which other related
applications are being decided on, including the duration of any proceedings
contesting the approval of such applications.
Shoreland zoning
Under current law, a county must enact a shoreland zoning ordinance for all
shorelands in its unincorporated area and the ordinance must meet shoreland
zoning standards established by DNR by rule. Current law defines shorelands to be
the area within a certain distance from the OHWM of a navigable water. Current
law requires a county to establish a shoreland setback area, which is an area within
a certain distance of the OHWM in which the construction or placement of structures
is limited or prohibited. Under this bill, if a professional land surveyor, in measuring
a setback from an OHWM of a navigable water, relies on a map, plat, or survey that
incorporates or approximates the OHWM, the setback measured is the setback with
respect to a structure constructed on that property if the map, plat, or survey relied
upon is prepared by a professional land surveyor and DNR has not identified the
OHWM on its Internet site at the time the setback is measured.
Current law generally prohibits the enactment of a county shoreland zoning
ordinance that prohibits or regulates the maintenance, repair, replacement,
restoration, rebuilding, or remodeling of all or any part of a nonconforming structure
if that activity does not expand the structure's footprint, and a county shoreland
zoning ordinance that requires any approval or imposes any fee or mitigation
requirement for, or otherwise prohibits or regulates, the vertical expansion of a
nonconforming structure. This bill expands these prohibitions to a structure of which
any part is legally located in the shoreland setback area only by operation of a
variance.
Under the bill, neither DNR nor a county shoreland zoning ordinance may
prohibit the owner of a boathouse with a flat roof from using the roof as a deck if the
roof has no side walls or screens or from having or installing a railing around the roof
that is consistent with Department of Safety and Professional Services standards.
This bill provides that a shoreland zoning standard or ordinance may not
prohibit placement of a device or system that retains runoff in a shoreland setback
area.
The bill also provides that the construction or maintenance of property or
equipment used for the transmission, delivery, or furnishing of natural gas, heat,
light, or power and owned by a public utility or cooperative association organized for
the purpose of producing or furnishing heat, light, or power to its members only is
considered to satisfy shoreland zoning laws and a county's shoreland zoning
ordinance if DNR has issued all required navigable water, water and sewage, and
pollution discharge permits or approvals authorizing the construction or
maintenance or, if no such permits or approvals are required, if the construction and
maintenance is conducted in a manner that employs best management practices to
infiltrate or otherwise control storm water runoff from that infrastructure.

Resolution of challenge to zoning restrictions
This bill requires a court to resolve any ambiguity in a matter involving a
zoning ordinance or shoreland zoning ordinance in favor of the free use of private
property.
Supermajority vote to down zone a property
The bill allows a political subdivision to enact a down zoning ordinance only if
the ordinance is approved by at least two-thirds of the members of its governing
body. The bill defines a down zoning ordinance as an ordinance that affects an area
of land by rezoning it to a usage that is less dense than its previous usage.
Property tax treatment of undeveloped land
This bill defines, for property tax purposes, "undeveloped land" to include land
that is platted and zoned for residential, commercial, or manufacturing use until
such time that a permit is issued for constructing a building or other structure on the
land. The bill provides that such land be assessed at its unimproved value. Other
undeveloped land under current law is assessed at 50 percent of its full value.
Contested case hearings
Under this bill, a person who has applied for a contract, permit, or other
approval that is the subject of a contested case hearing for which the Division of
Hearings and Appeals in the Department of Administration has assigned a hearing
examiner may file one written request per hearing for a substitution of a new hearing
examiner. If the request is timely and in proper form, the matter must be transferred
to a new hearing examiner.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB464,1 1Section 1. 59.69 (4) (intro.) of the statutes is amended to read:
SB464,5,42 59.69 (4) Extent of power. (intro.) For the purpose of promoting the public
3health, safety and general welfare the board may by ordinance effective within the
4areas within such county outside the limits of incorporated villages and cities
5establish districts of such number, shape and area, and adopt such regulations for
6each such district as the board considers best suited to carry out the purposes of this
7section. The board may establish mixed-use districts that contain any combination
8of uses, such as industrial, commercial, public, or residential uses, in a compact

1urban form. The board may not enact a development moratorium, as defined in s.
266.1002 (1) (b), under this section or by acting under ch. 236.
The powers granted
3by this section shall be exercised through an ordinance which may, subject to sub.
4(4e), determine, establish, regulate and restrict:
SB464,2 5Section 2. 59.69 (4) (j) of the statutes is amended to read:
SB464,5,76 59.69 (4) (j) The Subject to s. 66.10015 (3), the density and distribution of
7population.
SB464,3 8Section 3. 59.69 (5) (f) of the statutes is amended to read:
SB464,5,219 59.69 (5) (f) The county zoning agency shall maintain a list of persons who
10submit a written request to receive notice of any proposed ordinance or amendment
11that affects the allowable use of the property owned by the person.
If the county
12zoning agency completes a draft of a proposed zoning ordinance under par. (a) or if
13the agency receives a petition under par. (e) 2., the agency shall send a notice, which
14contains a copy or summary of the proposed ordinance or petition, to each person on
15the list
whose property, the allowable use or size or density requirements of which,
16may be affected by the proposed ordinance or amendment. The notice shall be by
17mail or in any reasonable form that is agreed to by the person and the agency. The
18agency may charge each person on the list who receives a notice a fee that does not
19exceed the approximate cost of providing the notice to the person.
An ordinance or
20amendment that is subject to this paragraph may take effect even if the agency fails
21to send the notice that is required by this paragraph.
SB464,4 22Section 4. 59.692 (1h) of the statutes is created to read:
SB464,6,323 59.692 (1h) If a professional land surveyor licensed under ch. 443, in
24measuring a setback from an ordinary high-water mark of a navigable water as
25required by an ordinance enacted under this section, relies on a map, plat, or survey

1that incorporates or approximates the ordinary high-water mark in accordance with
2s. 236.025, the setback measured is the setback with respect to a structure
3constructed on that property if all of the following apply:
SB464,6,74 (a) The map, plat, or survey is prepared by a professional land surveyor,
5licensed under ch. 443, after the effective date of this paragraph .... [LRB inserts
6date]. The same professional land surveyor may prepare the map, plat, or survey and
7measure the setback.
SB464,6,98 (b) The department has not identified the ordinary high-water mark on its
9Internet site as is required under s. 30.102 at the time the setback is measured.
SB464,5 10Section 5. 59.692 (1k) (a) 2. of the statutes, as created by 2015 Wisconsin Act
1155
, is amended to read:
SB464,6,1712 59.692 (1k) (a) 2. Except as provided in par. (b), requires any approval or
13imposes any fee or mitigation requirement for, or otherwise prohibits or regulates,
14the maintenance, repair, replacement, restoration, rebuilding, or remodeling of all
15or any part of a nonconforming structure or a structure of which any part is legally
16 located in the shoreland setback area only by operation of a variance
if the activity
17does not expand the footprint of the nonconforming structure.
SB464,6 18Section 6. 59.692 (1k) (a) 4. of the statutes, as created by 2015 Wisconsin Act
1955
, is amended to read:
SB464,6,2420 59.692 (1k) (a) 4. Requires any approval or imposes any fee or mitigation
21requirement for, or otherwise prohibits or regulates, the vertical expansion of a
22nonconforming structure or a structure of which any part is legally located in the
23shoreland setback area only by operation of a variance
unless the vertical expansion
24would extend more than 35 feet above grade level.
SB464,7 25Section 7. 59.692 (1k) (a) 6. of the statutes is created to read:
SB464,7,2
159.692 (1k) (a) 6. Prohibits placement in a shoreland setback area of a device
2or system authorized under par. (a) 5.
SB464,8 3Section 8. 59.692 (1k) (b) of the statutes, as created by 2015 Wisconsin Act 55,
4is amended to read:
SB464,7,95 59.692 (1k) (b) A county shoreland zoning ordinance shall allow an activity
6specified under par. (a) 2. to expand the footprint of a nonconforming structure or a
7structure of which any part is legally located in the shoreland setback area only by
8operation of a variance
if the expansion is necessary for the structure to comply with
9applicable state or federal requirements.
SB464,9 10Section 9. 59.692 (1p) of the statutes is created to read:
SB464,7,1611 59.692 (1p) The department may not promulgate a standard and a county may
12not enact an ordinance under this section that prohibits the owner of a boathouse in
13the shoreland setback area that has a flat roof from using the roof as a deck if the roof
14has no side walls or screens or from having or installing a railing around that roof
15if the railing is consistent with standards promulgated by the department of safety
16and professional services under ch. 101.
SB464,10 17Section 10. 59.692 (7) of the statutes is created to read:
SB464,7,2218 59.692 (7) (a) In this subsection, "facility" means any property or equipment
19of a public utility, as defined in s. 196.01 (5), or a cooperative association organized
20under ch. 185 for the purpose of producing or furnishing heat, light, or power to its
21members only, that is used for the transmission, delivery, or furnishing of natural
22gas, heat, light, or power.
SB464,7,2523 (b) The construction and maintenance of a facility is considered to satisfy the
24requirements of this section and any county ordinance enacted under this section if
25any of the following applies:
SB464,8,2
11. The department has issued all required permits or approvals authorizing the
2construction or maintenance under ch. 30, 31, 281, or 283.
SB464,8,63 2. No department permit or approval under subd. 1. is required for the
4construction or maintenance and the construction or maintenance is conducted in a
5manner that employs best management practices to infiltrate or otherwise control
6storm water runoff from the facility.
SB464,11 7Section 11. 60.23 (33) of the statutes is amended to read:
SB464,8,108 60.23 (33) Comprehensive plan. Adopt or amend a master plan under s. 62.23.
9A master plan under this subsection may not prohibit any use specified as a
10conditional use in a zoning ordinance enacted by the town.
SB464,12 11Section 12. 60.61 (2) (a) 6. of the statutes is amended to read:
SB464,8,1312 60.61 (2) (a) 6. The Subject to s. 66.10015 (3), the density and distribution of
13population.
SB464,13 14Section 13. 60.61 (4) (f) of the statutes is amended to read:
SB464,9,415 60.61 (4) (f) The town board shall maintain a list of persons who submit a
16written request to receive notice of any proposed ordinance or amendment that
17affects the allowable use of the property owned by the person.
If the town zoning
18committee completes a final report on a proposed zoning ordinance and the town
19board is prepared to vote on the proposed ordinance under par. (b) or if the town board
20is prepared to vote on a proposed amendment under par. (c) 1., the town board shall
21send a notice, which contains a copy or summary of the proposed ordinance or
22amendment, to each person on the list whose property, the allowable use or size or
23density requirements
of which, may be affected by the proposed ordinance or
24amendment. The notice shall be by mail or in any reasonable form that is agreed to
25by the person and the town board. The town board may charge each person on the

1list who receives a notice a fee that does not exceed the approximate cost of providing
2the notice to the person.
An ordinance or amendment that is subject to this
3paragraph may take effect even if the town board fails to send the notice that is
4required by this paragraph.
SB464,14 5Section 14. 62.23 (7) (am) of the statutes is amended to read:
SB464,9,166 62.23 (7) (am) Grant of power. For the purpose of promoting health, safety,
7morals or the general welfare of the community, the council may regulate and restrict
8by ordinance, subject to par. (hm), the height, number of stories and size of buildings
9and other structures, the percentage of lot that may be occupied, the size of yards,
10courts and other open spaces, subject to s. 66.10015 (3) the density of population, and
11the location and use of buildings, structures and land for trade, industry, mining,
12residence or other purposes if there is no discrimination against temporary
13structures. This subsection and any ordinance, resolution or regulation enacted or
14adopted under this section, shall be liberally construed in favor of the city and as
15minimum requirements adopted for the purposes stated. This subsection may not
16be deemed a limitation of any power granted elsewhere.
SB464,15 17Section 15. 62.23 (7) (d) 4. of the statutes is amended to read:
SB464,9,2518 62.23 (7) (d) 4. The city council shall maintain a list of persons who submit a
19written request to receive notice of any proposed zoning action that may be taken
20under subd. 1. a. or b. or 2. that affects the allowable use of the person's property.

21If the plan commission, the board of public land commissioners, or city plan
22committee of the city council completes action on any tentative recommendations
23that are noticed under subd. 1. a., proposed changes to a proposed district plan and
24regulations that are submitted under subd. 1. b., or proposed amendments that are
25submitted under subd. 2., and the city council is prepared to vote on the tentative

1recommendations, proposed changes to a proposed district plan, and regulations or
2proposed amendments, the city council shall send a notice, which contains a copy or
3summary
of the tentative recommendations, proposed changes to a proposed district
4plan, and regulations or proposed amendments, to each person on the list whose
5property, the allowable use of which, may be affected by the tentative
6recommendations or proposed changes or amendments. The notice shall be by mail
7or in any reasonable form that is agreed to by the person and the city council. The
8city council may charge each person on the list who receives a notice a fee that does
9not exceed the approximate cost of providing the notice to the person.
An ordinance
10or amendment that is subject to this subdivision may take effect even if the city
11council fails to send the notice that is required by this subdivision.
SB464,16 12Section 16. 66.1001 (4) (f) of the statutes is amended to read:
SB464,10,2213 66.1001 (4) (f) A political subdivision shall maintain a list of persons who
14submit a written request to receive notice of any proposed ordinance, described
15under par. (c), that affects the allowable use of the property owned by the person.
At
16least 30 days before the hearing described in par. (d) is held a political subdivision
17shall provide written notice, including a copy or summary of the proposed ordinance,
18to all such persons whose property, the allowable use of which, may be affected by the
19proposed ordinance
. The notice shall be by mail or in any reasonable form that is
20agreed to by the person and the political subdivision. The political subdivision may
21charge each person on the list who receives a notice a fee that does not exceed the
22approximate cost of providing the notice to the person.
SB464,17 23Section 17. 66.10015 (title) of the statutes is amended to read:
SB464,10,25 2466.10015 (title) Limitation on development regulation authority and
25down zoning
.
SB464,18
1Section 18. 66.10015 (1) (a) of the statutes is amended to read:
SB464,11,32 66.10015 (1) (a) "Approval" means a permit or authorization for building,
3zoning, driveway, stormwater, or other activity related to land development a project.
SB464,19 4Section 19. 66.10015 (1) (as) of the statutes is created to read:
SB464,11,65 66.10015 (1) (as) "Down zoning ordinance" means a zoning ordinance that
6affects an area of land in one of the following ways:
SB464,11,87 1. By decreasing the development density of the land to be less dense than was
8allowed under its previous usage.
SB464,11,109 2. By reducing the permitted uses of the land to fewer uses than were allowed
10under its previous usage.
SB464,20 11Section 20. 66.10015 (1) (b) of the statutes is amended to read:
SB464,11,1512 66.10015 (1) (b) "Existing requirements" means regulations, ordinances, rules,
13or other properly adopted requirements of a political subdivision that are in effect
14at the time the application for an approval is submitted to the political subdivision
15or to an agency, as defined in s. 227.01 (1).
SB464,21 16Section 21. 66.10015 (1) (bs) of the statutes is created to read:
SB464,11,2017 66.10015 (1) (bs) "Members-elect" means those members of the governing body
18of a political subdivision, at a particular time, who have been duly elected or
19appointed for a current regular or unexpired term and whose service has not
20terminated by death, resignation, or removal from office.
SB464,22 21Section 22. 66.10015 (1) (d) of the statutes is amended to read:
SB464,11,2522 66.10015 (1) (d) "Project" means a specific and identifiable land development,
23improvement activity, or use
that occurs on defined and adjacent parcels of land,
24which includes lands separated by roads, waterways, and easements
within one or
25more political subdivisions and is specified in one or more applications for approval
.
SB464,23
1Section 23. 66.10015 (2) (b) of the statutes is amended to read:
SB464,12,92 66.10015 (2) (b) If a project requires more than one approval or approvals from
3more than one political subdivision or from an agency, as defined in s. 227.01 (1), and
4a political subdivision
and the applicant identifies the full scope of the project at the
5time of filing the first application for the first an approval required for the project,
6the existing requirements applicable in each political subdivision at the time of filing
7the application for the first approval required for the project shall be applicable to
8all subsequent approvals required for the project, unless the applicant and the
9political subdivision agree otherwise.
SB464,24 10Section 24. 66.10015 (2) (d) of the statutes is amended to read:
SB464,12,1611 66.10015 (2) (d) This section does not prohibit a political subdivision from
12establishing an expiration date on an approval. Any expiration date established by
13a political subdivision shall be extended by a period equal to the duration of the
14pendency of any related applications for approval from an agency, as defined in
15227.01 (1), or from a political subdivision, including the duration of any proceedings
16contesting an approval or conditions of an approval.
SB464,25 17Section 25. 66.10015 (3) of the statutes is created to read:
SB464,12,2218 66.10015 (3) Down zoning. A political subdivision may enact a down zoning
19ordinance only if the ordinance is approved by at least three-fourths of the
20members-elect, except that if the down zoning ordinance is requested, or agreed to,
21by the person who owns the land affected by the proposed ordinance, the ordinance
22may be enacted by a simple majority of the members-elect.
SB464,26 23Section 26. 70.32 (2) (c) 4. of the statutes is renumbered 70.32 (2) (c) 4. (intro.)
24and amended to read:
SB464,12,2525 70.32 (2) (c) 4. (intro.) "Undeveloped land" means bog all of the following:
SB464,13,3
1a. Bog, marsh, lowland brush, uncultivated land zoned as shoreland under s.
259.692 and shown as a wetland on a final map under s. 23.32, or other nonproductive
3lands not otherwise classified under this subsection.
SB464,27 4Section 27. 70.32 (2) (c) 4. b. of the statutes is created to read:
SB464,13,105 70.32 (2) (c) 4. b. Land that is platted and zoned for residential, commercial,
6or manufacturing use until such time that all approvals, including post-construction
7inspection approvals, required before the initial use of the land for a residential,
8commercial, or manufacturing use are issued. This subd. 4. b. applies only to land
9that was in agricultural use for 2 consecutive years prior to being converted to
10residential, commercial, or manufacturing use.
SB464,28 11Section 28. 70.32 (4) of the statutes is renumbered 70.32 (4) (a) and amended
12to read:
SB464,13,1613 70.32 (4) (a) Beginning with the assessments as of January 1, 2004,
14agricultural forest land shall be assessed at 50% 50 percent of its full value, as
15determined under sub. (1), and undeveloped land, as defined in sub. (2) (c) 4. a., shall
16be assessed at 50% 50 percent of its full value, as determined under sub. (1).
SB464,29 17Section 29. 70.32 (4) (b) of the statutes is created to read:
SB464,13,2118 70.32 (4) (b) Beginning with the assessments as of January 1, 2016,
19undeveloped land, as defined in sub. (2) (c) 4. b., shall be assessed at its unimproved
20value until such time that a permit is issued for constructing a building or other
21structure on the land.
SB464,30 22Section 30. 227.445 of the statutes is created to read:
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