LRB-3543/1
MES:cdc
2019 - 2020 LEGISLATURE
July 16, 2019 - Introduced by Representatives Neylon, Brandtjen, Brooks,
Dittrich, Duchow, Gundrum, Horlacher, Hutton, Knodl, Kuglitsch,
Magnafici, Murphy, Ramthun, Sanfelippo and Skowronski, cosponsored by
Senators Kapenga, Darling, Fitzgerald, Kooyenga, Nass and Craig.
Referred to Committee on Housing and Real Estate.
AB339,1,3 1An Act to amend 62.23 (7) (em) 1.; and to create 62.23 (7) (em) 2e. of the
2statutes; relating to: limiting certain 2nd class cities' ability to designate or
3regulate historic landmarks.
Analysis by the Legislative Reference Bureau
Generally under current law, a city, village, town, or county (political
subdivision) may designate and regulate historic properties to preserve their
significant characteristics. Cities may also exercise such authority with regard to
archaeological landmarks and, in some cases, a city is required to exercise such
regulatory authority.
Under this bill, with regard to properties owned by a certain county, a 2nd class
city may not designate or regulate such historic, or archaeological, properties or
districts. The bill only applies to a 2nd class city that is located in a county with a
population greater than 380,000, which is also adjacent to a county with a population
greater than 800,000. If such a city has in effect on the effective date of the bill an
ordinance or regulation that regulates such county-owned historic, or
archaeological, properties or districts, the ordinance does not apply and may not be
enforced.
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:
AB339,1
1Section 1. 62.23 (7) (em) 1. of the statutes is amended to read:
AB339,2,162 62.23 (7) (em) 1. Subject to subds. 2., 2e. and 2m., a city, as an exercise of its
3zoning and police powers for the purpose of promoting the health, safety and general
4welfare of the community and of the state, may regulate by ordinance, or if a city
5contains any property that is listed on the national register of historic places in
6Wisconsin or the state register of historic places shall, not later than 1995, enact an
7ordinance to regulate, any place, structure or object with a special character, historic,
8archaeological or aesthetic interest, or other significant value, for the purpose of
9preserving the place, structure or object and its significant characteristics. Subject
10to subds. 2., 2e., 2m., and 3., a city may create a landmarks commission to designate
11historic or archaeological landmarks and establish historic districts. Subject to
12subds. 2., 2e., and 2m., the city may regulate, or if the city contains any property that
13is listed on the national register of historic places in Wisconsin or the state register
14of historic places shall regulate, all historic or archaeological landmarks and all
15property within each historic district to preserve the historic or archaeological
16landmarks and property within the district and the character of the district.
AB339,2 17Section 2. 62.23 (7) (em) 2e. of the statutes is created to read:
AB339,2,2218 62.23 (7) (em) 2e. a. Subject to this subd. 2e. b., a 2nd class city may not act
19under this paragraph to designate or regulate a historic landmark, including any
20property that is listed on the national register of historic places in Wisconsin or the
21state register of historic places, or designate or regulate a historic district, if the
22affected property or area is owned by the county in which the city is located.
AB339,3,723 b. This subd. 2e. a. applies only to a 2nd class city that is located in a county
24with a population of more than 380,000, which is adjacent to a county with a
25population of more than 800,000. If such a city has in effect on or after the effective

1date of this subdivision .... [LRB inserts date], an ordinance or regulation that
2regulates any county-owned property that is listed on the national register of
3historic places in Wisconsin or the state register of historic places, or any
4county-owned place, structure or object with a special character, historic,
5archaeological or aesthetic interest, or other significant value, for the purpose of
6preserving the place, structure or object and its significant characteristics, the
7ordinance or regulation does not apply and may not be enforced.
AB339,3 8Section 3. Initial applicability.
AB339,3,109 (1) This act first applies to a designation that is made or regulation that is
10adopted on the effective date of this subsection.
AB339,3,1111 (End)
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