2017 - 2018 LEGISLATURE
March 20, 2017 - Introduced by Representatives Ott, Quinn, Krug, Tittl,
Berceau, Jacque and Skowronski, cosponsored by Senators Stroebel, Testin
and Carpenter. Referred to Committee on Energy and Utilities.
AB161,1,3 1An Act to create 66.0404 (4e) of the statutes; relating to: authorizing a political
2subdivision to impose setback requirements for certain mobile service support
Analysis by the Legislative Reference Bureau
Generally, under current law, a political subdivision may not impose a setback
requirement for a mobile service support structure. This bill grants a political
subdivision limited authority to impose a setback requirement on the placement of
such a structure. Under the bill, a requirement could apply only to a structure that
is constructed on land that is zoned for residential use. In addition, the setback
requirement must be based on the height of the proposed structure, and the
requirement may not exceed the height of the proposed structure.
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:
AB161,1 4Section 1. 66.0404 (4e) of the statutes is created to read:
AB161,2,25 66.0404 (4e) Setback requirements. (a) Notwithstanding the provisions of
6sub. (4) (r), and subject to the provisions of this subsection, a political subdivision

1may enact an ordinance imposing setback requirements related to the placement of
2a mobile service support structure.
AB161,2,53 (b) A setback requirement may apply only to a mobile service support structure
4that is constructed on a parcel of land that is subject to a zoning ordinance that
5permits residential use on that parcel.
AB161,2,76 (c) Setback requirements may create setbacks only from the lot line of a parcel
7that is in residential use or for which residential use is a permitted use.
AB161,2,108 (d) A setback requirement must be based on the height of the proposed mobile
9service support structure, and the setback requirement may not be a distance that
10is greater than the height of the proposed structure.
AB161,2 11Section 2. Initial applicability.
AB161,2,1412 (1) This act first applies to an application for a building permit, or any other
13kind of permit, to construct a new mobile service support structure that is filed with
14a political subdivision on the effective date of this subsection.
AB161,2,1515 (End)