Amendment ASA2-AB582

AB582-ASA2,13,15 66.10015 (1) (bs) "Members-elect" means those members of the governing body of a political subdivision, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation, or removal from office.

AB582-ASA2,23 Section 23. 66.10015 (3) of the statutes is created to read:

AB582-ASA2,13,21 66.10015 (3) Down zoning. A political subdivision may enact a down zoning ordinance only if the ordinance is approved by at least two-thirds of the members-elect, except that if the down zoning ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, the ordinance may be enacted by a simple majority of the members-elect.

AB582-ASA2,24 Section 24. 66.1036 of the statutes is created to read:

AB582-ASA2,14,2 66.1036 Building permit for a shoreland structure. If an activity in a shoreland setback area to which s. 59.692 (1k) (a) or (b) applies requires a building permit, the city, village, or town that issues the building permit for that activity shall provide a copy of the building permit to the county clerk.

AB582-ASA2,25 Section 25. 70.32 (2) (c) 4. of the statutes is renumbered 70.32 (2) (c) 4. (intro.) and amended to read:

AB582-ASA2,14,5 70.32 (2) (c) 4. (intro.) "Undeveloped land" means bog all of the following:

AB582-ASA2,14,8 a. Bog, marsh, lowland brush, uncultivated land zoned as shoreland under s. 59.692 and shown as a wetland on a final map under s. 23.32, or other nonproductive lands not otherwise classified under this subsection.

AB582-ASA2,26 Section 26. 70.32 (2) (c) 4. b. of the statutes is created to read:

AB582-ASA2,14,24 70.32 (2) (c) 4. b. Land not used for agricultural purposes that is platted and zoned for residential, commercial, or manufacturing use, and improvements on that land, until such time that all approvals, including post-construction inspection approvals and occupancy permits, required before the initial use of the land for a residential, commercial, or manufacturing use are issued. This subd. 4. b. applies only to land that was assessed as agricultural land for the 2 consecutive years immediately prior to being converted to residential, commercial, or manufacturing use. With regard to a parcel that is located in a tax incremental district on the effective date of this subd. 4. b. .... [LRB inserts date], this subd. 4. b. first applies on January 1 of the year following the year in which either the tax incremental district terminates or the parcel is subtracted from the district as described in s. 66.1105 (4) (h) 2. With regard to a parcel that is not located in a tax incremental district on the effective date of this subd. 4. b. .... [LRB inserts date], this subd. 4. b. first applies on January 1 of the 2nd year beginning after the effective date of this subd. 4. b. .... [LRB inserts date].

AB582-ASA2,27 Section 27. 74.485 (4) (a) of the statutes is amended to read:

AB582-ASA2,15,14 74.485 (4) (a) A person who owns land that has been assessed as agricultural land under s. 70.32 (2r) and who converts the land's use so that the land is not eligible to be assessed as agricultural land under s. 70.32 (2r) is not subject to a conversion charge under sub. (2) if the converted land may be assessed as undeveloped under s. 70.32 (2) (a) 5., as agricultural forest under s. 70.32 (2) (a) 5m., as productive forest land under s. 70.32 (2) (a) 6., or as other under s. 70.32 (2) (a) 7. or if the amount of the conversion charge determined under sub. (2) represents less than $25 for each acre of converted land. The exception to liability for a conversion charge that is described under this paragraph does not apply to land that is described under s. 70.32 (2) (c) 4. b. With regard to land that is subject to a conversion charge under this paragraph and is located in a tax incremental district on the effective date of this paragraph .... [LRB inserts date], this paragraph first applies on January 1 of the year following the year in which either the tax incremental district terminates or the parcel is subtracted from the district as described in s. 66.1105 (4) (h) 2.

AB582-ASA2,28 Section 28. 227.137 (3) (g) of the statutes is created to read:

AB582-ASA2,15,19 227.137 (3) (g) An analysis of the ways in which and the extent to which the proposed rule would place any limitations on the free use of private property, including a discussion of alternatives to the proposed rule that would minimize any such limitations.

AB582-ASA2,29 Section 29. 227.445 of the statutes is created to read:

AB582-ASA2,16,4 227.445 Substitution of hearing examiner assigned by division of hearings and appeals. (1) A person who has applied for a contract, permit, or other approval from the department of natural resources or the department of agriculture, trade and consumer protection that is the subject of a contested case hearing for which the division of hearings and appeals has assigned a hearing examiner may file a written request with the administrator of the division of hearings and appeals in the department of administration, not later than 10 days after receipt of the notice under s. 227.44 (1), for a substitution of a new hearing examiner.

AB582-ASA2,16,5 (2) No person may file more than one request under sub. (1) for a single hearing.

AB582-ASA2,16,11 (3) Upon receipt of a request under sub. (1), the administrator of the division of hearings and appeals shall determine if the request was made timely and in proper form. If the request was made timely and in proper form, the administrator of the division of hearings and appeals shall transfer the matter to another hearing examiner and shall transmit to the new hearing examiner all materials relating to the matter.

AB582-ASA2,30 Section 30. 227.57 (10) of the statutes is amended to read:

AB582-ASA2,16,15 227.57 (10) Upon Subject to sub. (11), upon such review due weight shall be accorded the experience, technical competence, and specialized knowledge of the agency involved, as well as discretionary authority conferred upon it.

AB582-ASA2,16,18 (12) The right of the appellant to challenge the constitutionality of any act or of its application to the appellant shall not be foreclosed or impaired by the fact that the appellant has applied for or holds a license, permit, or privilege under such act.

AB582-ASA2,31 Section 31. 227.57 (11) of the statutes is created to read:

AB582-ASA2,16,23 227.57 (11) (a) Upon review of an agency action or decision affecting a property owner's use of the property owner's property, the court shall accord no deference to the agency's interpretation of law if the agency action or decision restricts the property owner's free use of the property owner's property.

AB582-ASA2,32 Section 32. 236.45 (2) (am) (intro.) of the statutes, as affected by 2015 Wisconsin Act 48, is amended to read:

AB582-ASA2,17,18 236.45 (2) (am) (intro.) Ordinances under par. (ac) may include provisions regulating divisions of land into parcels larger than 1 1/2 acres or divisions of land into less than 5 parcels, and, except as provided in s. 59.69 (4) (intro.) and subject to s. 66.1002, may prohibit the division of land in areas where such prohibition will carry out the purposes of this section. Such ordinances shall make applicable to such divisions all of the provisions of this chapter, or may provide other surveying, monumenting, mapping and approving requirements for such division. The governing body of the municipality, town, or county shall require that a plat of such division be recorded with the register of deeds and kept in a book provided for that purpose or stored electronically. "COUNTY PLAT," "MUNICIPAL PLAT," or "TOWN PLAT" shall be printed on the map in prominent letters with the location of the land by government lot, recorded private claim, quarter-quarter section, section, township, range, and county noted. When so recorded, the lots included in the plat shall be described by reference to "COUNTY PLAT," "MUNICIPAL PLAT," or "TOWN PLAT," the name of the plat and the lot and block in the plat, for all purposes, including those of assessment, taxation, devise, descent, and conveyance as defined in s. 706.01 (4). Such ordinance, insofar as it may apply to divisions of less than 5 parcels, shall not apply to:

AB582-ASA2,33 Section 33. 700.28 of the statutes is created to read:

AB582-ASA2,17,22 700.28 Prohibiting unreasonable restrictions on alienation of property. (1) In this section, "political subdivision" means a city, village, town, or county.

AB582-ASA2,17,24 (2) A political subdivision may not prohibit or unreasonably restrict a real property owner from alienating any interest in the real property.

AB582-ASA2,34 Section 34. 706.22 (title) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582-ASA2,18,4 706.22 (title) Prohibition on imposing time-of-sale, purchase, or occupancy requirements.

AB582-ASA2,35 Section 35. 706.22 (2) (title) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582-ASA2,18,8 706.22 (2) (title) Requirements tied to sale, purchase, or taking occupancy of property prohibited.

AB582-ASA2,36 Section 36. 706.22 (2) (a) (intro.) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582-ASA2,18,12 706.22 (2) (a) (intro.) Except as provided in par. (b), no local governmental unit may by ordinance, resolution, or any other means restrict do any of the following:

AB582-ASA2,18,18 1m. Restrict the ability of an owner of real property to sell or otherwise transfer title to or refinance the property by requiring the owner or an agent of the owner to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

AB582-ASA2,37 Section 37. 706.22 (2) (a) 1. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. a.

AB582-ASA2,38 Section 38. 706.22 (2) (a) 2. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. b.

AB582-ASA2,39 Section 39. 706.22 (2) (a) 2m. of the statutes is created to read:

AB582-ASA2,19,3 706.22 (2) (a) 2m. Restrict the ability of a person to purchase or take title to real property by requiring the person or an agent of the person to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

AB582-ASA2,19,4 a. Before the person may complete the purchase of or take title to the property.

AB582-ASA2,19,5 b. At the time of completing the purchase of or taking title to the property.

AB582-ASA2,19,7 c. Within a certain period of time after completing the purchase of or taking title to the property.

AB582-ASA2,40 Section 40. 706.22 (2) (a) 3. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. c.

AB582-ASA2,41 Section 41. 706.22 (2) (a) 3m. of the statutes is created to read:

AB582-ASA2,19,16 706.22 (2) (a) 3m. Restrict the ability of a purchaser of or transferee of title to residential real property to take occupancy of the property by requiring the purchaser or transferee or an agent of the purchaser or transferee to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

AB582-ASA2,19,17 a. Before the purchaser or transferee may take occupancy of the property.

AB582-ASA2,19,18 b. At the time of taking occupancy of the property.

AB582-ASA2,19,19 c. Within a certain period of time after taking occupancy of the property.

AB582-ASA2,42 Section 42. 706.22 (2) (b) of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (b) (intro.) and amended to read:

AB582-ASA2,19,22 706.22 (2) (b) (intro.) Paragraph (a) does not prohibit do any of the following:

AB582-ASA2,20,2 1. Prohibit a local governmental unit from requiring a real property owner or the owner's agent to take certain actions with respect to the property not in connection with the purchase, sale, or refinancing of, or the transfer of title to, the property.

AB582-ASA2,43 Section 43. 706.22 (2) (b) 2. of the statutes is created to read:

AB582-ASA2,20,7 706.22 (2) (b) 2. Prohibit a local governmental unit from enforcing, or otherwise affect the responsibility, authority, or ability of a local governmental unit to enforce, a federal or state requirement that does any of the things a local governmental unit is prohibited from doing under par. (a).

AB582-ASA2,44 Section 44. 706.22 (3) of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (3) (a) and amended to read:

AB582-ASA2,20,12 706.22 (3) (a) If a local governmental unit has in effect on July 14, 2015, an ordinance, resolution, or policy that is inconsistent with sub. (2) (a) 1m., the ordinance, resolution, or policy does not apply and may not be enforced.

AB582-ASA2,45 Section 45. 706.22 (3) (b) of the statutes is created to read:

AB582-ASA2,20,17 706.22 (3) (b) If a local governmental unit has in effect on the effective date of this paragraph .... [LRB inserts date], an ordinance, resolution, or policy that is inconsistent with sub. (2) (a) 2m. or 3m., the ordinance, resolution, or policy does not apply and may not be enforced.

AB582-ASA2,46 Section 46. 895.463 of the statutes is created to read:

AB582-ASA2,20,22 895.463 Zoning ordinances. In any matter relating to a zoning ordinance or shoreland zoning ordinance enacted or enforced by a city, village, town, or county, the court shall resolve an ambiguity in the meaning of a word or phrase in a zoning ordinance or shoreland zoning ordinance in favor of the free use of private property.

AB582-ASA2,47 Section 47. Initial applicability.

AB582-ASA2,21,2 (1) Actions affecting land use. The treatment of sections 59.69 (5) (f), 60.61 (4) (f), 62.23 (7) (d) 4., and 66.1001 (4) (f) of the statutes first applies to an action taken by a city, village, town, or county that affects the allowable use of land on the effective date of this subsection.

AB582-ASA2,21,5 (2) Development regulation authority. The treatment of section 66.10015 (1) (a) of the statutes first applies to a project for which the first request for approval is submitted on the effective date of this subsection.

AB582-ASA2,21,8 (3) Down zoning. The treatment of sections 59.69 (4) (j), 60.61 (2) (a) 6., 62.23 (7) (am), and 66.10015 (title), (1) (as) and (bs), and (3) of the statutes first applies to a down zoning ordinance that is enacted on the effective date of this subsection.

AB582-ASA2,21,11 (4) Conditional use permits. The treatment of section 66.1001 (2m) (b) of the statutes first applies to a conditional use permit that is in effect on the effective date of this subsection.

AB582-ASA2,21,12 (End)