AB893: Bill Text

LRB-3698/1

MES&MGG:kg:mkd

1995 - 1996 LEGISLATURE

1995 Assembly BILL 893

February 19, 1996 - Introduced by Representatives Skindrud, Hahn, Johnsrud, Musser, Ainsworth, Owens, Gronemus, Seratti, Lorge, Silbaugh, Gunderson, Albers, Grothman, Kaufert, Zukowski and Powers, cosponsored by Senators Schultz and A. Lasee. Referred to Committee on State Affairs.

AB893,1,12 An Act to amend 20.370 (3) (ma), 30.12 (4) (a), 30.202 (3), 30.204 (5), 30.44 (8) (a), 30.44 (8) (c) (intro.), 30.44 (9) (a), 30.44 (9) (c) (intro.), 41.41 (8), 59.97 (5) (c), 59.971 (1) (c), 59.971 (1m), 59.971 (1r) (intro.), 59.971 (2) (a), 60.62 (1), 60.62 (2), 62.23 (7a) (intro.), 66.012 (7) (b), 66.014 (10), 66.019 (2) (b), 66.021 (7) (a), 66.023 (3) (e), 66.024 (5m), 66.025, 66.032 (1) (g), 66.052 (1), 66.32, 70.32 (1g), 70.32 (2) (c) 4., 87.30 (1) (a), 87.30 (1) (b), 87.30 (1) (c), 87.30 (1m) (intro.), 87.30 (2), 87.31 (1), 87.31 (4) (intro.), 91.73 (3), 144.26 (2) (c) and (e) and (2m) (intro.), 144.26 (8), 144.44 (7) (f) 3., 144.46 and 236.10 (1) (intro.); to repeal and recreate 60.62 (3); and to create 59.97 (5m), 60.10 (1) (g), 60.61 (7), 60.625, 87.30 (1) (bm) and 236.10 (6) of the statutes; relating to: town withdrawal from county zoning, town zoning powers, zoning of shorelands and flood plains by towns, granting rule-making authority and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, a county board may enact a county zoning ordinance that is effective in a town if the town board approves the ordinance. There is currently no statutory authority that enables a town to withdraw from the application of the county zoning ordinance once a town board approves a county ordinance, nor is there current statutory authority for a county to enable a town to withdraw from the application of the county zoning ordinance.

If a town is located in a county that has not enacted a comprehensive zoning ordinance, the town may, under current law, enact a zoning ordinance if the town petitions the county board in which the town is located to enact a comprehensive zoning ordinance and if the county board fails to enact such an ordinance within one year. Also under current law, a town board that is authorized by a town meeting to exercise village powers may enact a zoning ordinance if the town's ordinances are approved by the county board. Such a town must also obtain county board approval before the town may amend an existing ordinance.

Under this bill and without county board approval, if a town meeting authorizes the town board to do so, a town board may enact an ordinance rescinding the town board's approval of a county zoning ordinance. Also under this bill, the only way in which a town may enact a new zoning ordinance is for the town meeting to authorize the town board to exercise village powers, for the town board to rescind its approval of a county zoning ordinance and for the town board to then enact a zoning ordinance that is approved by a town meeting or a referendum. Under such a zoning ordinance, a town may exercise the same zoning authority, and is subject to the same zoning responsibilities, as a city or village, except that a town may not exercise extraterritorial zoning or the powers of a board of public land commissioners.

Under this bill, a town that has in effect any zoning ordinance is not subject to extraterritorial zoning, and a town, the town board of which rescinds its approval of a county zoning ordinance, is not subject to offensive industry regulation and extraterritorial plat approval. Such a town may enact its own shoreland zoning ordinance or flood plain zoning ordinance.

A town zoning ordinance that is enacted before the effective date of this bill by a town board that is not authorized to exercise village powers remains in effect until a town board repeals the ordinance, but such an ordinance may not be amended on after the effective date of the bill.

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:

AB893, s. 1 Section 1. 20.370 (3) (ma) of the statutes is amended to read:

AB893,3,2 20.370 (3) (ma) General program operations — state funds. From the general fund, the amounts in the schedule for regulatory and enforcement operations under chs. 30, 31, 144, 147, 159 and 162 and ss. 44.47, 59.971, 59.974, 60.625, 61.351, 61.354, 62.231, 62.234 and 87.30, for reimbursement of the conservation fund for expenses incurred for actions taken under s. 166.04; for review of environmental impact requirements under ss. 1.11 and 23.40; and for enforcement of the treaty-based, off-reservation rights to fish, hunt and gather held by members of federally recognized American Indian tribes or bands.

AB893, s. 2 Section 2. 30.12 (4) (a) of the statutes is amended to read:

AB893,3,12 30.12 (4) (a) Activities affecting waters of the state as defined in s. 144.01 that are carried out under the direction and supervision of the department of transportation in connection with highway and bridge design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.29, 30.11, 30.123, 30.195, 30.20, 59.971, 60.625, 61.351, 62.231, or 87.30 or ch. 144 or 147. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.

AB893, s. 3 Section 3. 30.202 (3) of the statutes is amended to read:

AB893,3,19 30.202 (3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under ss. 29.29, 30.01 to 30.20, 30.21 to 30.99, 59.971, 60.625 or 87.30 or ch. 144 or 147 or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.

AB893, s. 4 Section 4. 30.204 (5) of the statutes is amended to read:

AB893,4,3 30.204 (5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under ss. 29.29 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.971, 60.625, 87.30, 144.01 to 144.27, 144.43 to 144.79, 144.96 to 144.99 or 159.81 or ch. 147 or specified in any rule promulgated, order issued or ordinance adopted under any of those sections or that chapter.

AB893, s. 5 Section 5. 30.44 (8) (a) of the statutes is amended to read:

AB893,4,7 30.44 (8) (a) Except as provided under sub. (1) (f), a person shall apply for and be issued by the board a permit for an activity in subs. (1), (2) and (5) for land in the riverway that is not zoned shorelands under s. 59.971 or 60.625.

AB893, s. 6 Section 6. 30.44 (8) (c) (intro.) of the statutes is amended to read:

AB893,4,12 30.44 (8) (c) (intro.) The board may grant a waiver of a performance standard for an activity in sub. (1) (b) and issue a permit under par. (a) or may grant a waiver authorizing an activity prohibited under s. 30.45 (3) or (3m) for land in the riverway that is not zoned shorelands under s. 59.971 or 60.625 if one of the following applies:

AB893, s. 7 Section 7. 30.44 (9) (a) of the statutes is amended to read:

AB893,4,16 30.44 (9) (a) A person shall apply for and be issued by the county in which the land is located a permit for an activity in subs. (1), (2) and (5) for land in the riverway that is in the county and that is zoned shorelands under s. 59.971 or 60.625.

AB893, s. 8 Section 8. 30.44 (9) (c) (intro.) of the statutes is amended to read:

AB893,4,22 30.44 (9) (c) (intro.) The county may grant a waiver of a performance standard for an activity in sub. (1) (b) and issue a permit for the activity under par. (a) or may grant a waiver authorizing an activity prohibited under s. 30.45 (3) or (3m) for land in the riverway that is in the county and that is zoned shorelands under s. 59.971 or 60.625 if one of the following applies:

AB893, s. 9 Section 9. 41.41 (8) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB893,5,7 41.41 (8) Zoning. Notwithstanding ss. 13.48 (13) (a), 59.97 (4), 60.61 (2), 60.62 (1), 61.35 and 62.23 (7), the Kickapoo valley reserve is not subject to the zoning ordinance of any county or municipality, except that any ordinance enacted under s. 59.971, 60.625, 61.351, 62.231 or 87.30 governing the zoning of floodplains, shorelands or wetlands in shorelands and any ordinance that is required by law under s. 59.974, 61.354 or 62.324 62.234 governing construction site erosion control or storm water management applies in the reserve.

AB893, s. 10 Section 10. 59.97 (5) (c) of the statutes is amended to read:

AB893,5,19 59.97 (5) (c) A county ordinance enacted as provided by this section shall not be effective in any town until it has been approved by the town board. If the town board approves an ordinance enacted by the county board, as provided by this section, a certified copy of the approving resolution attached to one of the copies of such ordinance submitted to the town board shall promptly be filed with the county clerk by the town clerk. Such ordinance shall become effective in such town as of the date of such filing, which filing shall be recorded by the county clerk in the clerk's office, reported to the town board and the county board, and printed in the proceedings of the county board. Such ordinance shall supersede any prior town ordinance in conflict therewith or which is concerned with zoning, except as provided by in sub. (5m) or s. 60.62.

AB893, s. 11 Section 11. 59.97 (5m) of the statutes is created to read:

AB893,6,5 59.97 (5m) Town withdrawal from county zoning. (a) A town board may, without county board approval, enact an ordinance rescinding the town board's approval of a county zoning ordinance under sub. (5) (c) if the town meeting authorizes the rescission under s. 60.10 (1) (g). A rescission of approval under this paragraph takes effect on the effective date of a town zoning ordinance that is enacted under this paragraph and s. 60.61 (2) or 61.35. A town zoning ordinance that is enacted under this paragraph and s. 60.61 (2) or 61.35 shall contain a provision that continues the effect of a county exclusive agricultural use zoning ordinance that was enacted under ss. 59.97 to 59.99, and that provision may be amended under s. 91.77.

AB893,6,9 (b) A town, the town board of which enacts a rescission ordinance under par. (a), is not subject to extraterritorial zoning under s. 62.23 (7a) or 66.32, offensive industry regulation under s. 66.052 (1) and extraterritorial plat approval under s. 236.10.

AB893,6,12 (c) A town, the town board of which enacts a rescission ordinance under par. (a), is not subject to a county shoreland zoning ordinance enacted under s. 59.971 if the town board enacts a shoreland zoning ordinance under s. 60.625.

AB893, s. 12 Section 12. 59.971 (1) (c) of the statutes is amended to read:

AB893,6,15 59.971 (1) (c) "Shoreland zoning standard" means a standard for ordinances enacted under this section that are is promulgated as rules a rule by the department.

AB893, s. 13 Section 13. 59.971 (1m) of the statutes is amended to read:

AB893,6,20 59.971 (1m) To effect the purposes of s. 144.26 and to promote the public health, safety and general welfare, each county shall zone by ordinance all shorelands in its unincorporated area, subject to s. 60.625 (2) (b). This ordinance may be enacted separately from ordinances enacted under s. 59.97.

AB893, s. 14 Section 14. 59.971 (1r) (intro.) of the statutes is amended to read:

AB893,6,24 59.971 (1r) (intro.) An ordinance enacted under this section or s. 60.625 may not prohibit the maintenance of stairs, platforms or decks that were constructed before August 15, 1991, and that are located in any of the following shorelands:

AB893, s. 15 Section 15. 59.971 (2) (a) of the statutes is amended to read:

AB893,7,6 59.971 (2) (a) Except as otherwise specified, all provisions of s. 59.97 apply to ordinances and their amendments enacted under this section whether or not enacted separately from ordinances enacted under s. 59.97, but . Except as provided in ss. 59.97 (5m) and 60.625 (2) (b) and as otherwise specified, the ordinances and amendments shall not require approval or be subject to disapproval by any town or town board.

AB893, s. 16 Section 16. 60.10 (1) (g) of the statutes is created to read:

AB893,7,9 60.10 (1) (g) Withdrawal from county zoning. Authorize the town board to rescind approval of a county zoning ordinance under s. 59.97 (5m) (a).

AB893, s. 17 Section 17. 60.61 (7) of the statutes is created to read: