AB580: Bill Text

The above provisions were enacted in the 1999-2001 biennial budget act. The circuit court for Buffalo County in Sierra Club et al. vs. Ashley Furniture, Inc. et al., (99 CV 178), has concluded that these provisions are unconstitutional because the provisions affect a specific locale and they were enacted as part of a multisubject bill. This type of enactment is prohibited under article IV, section 18, of the constitution.

This bill repeals the provisions that apply to the activity at a site in Trempealeau County and recreates them in a single subject bill. The bill does not affect the provisions that apply to the site in Dunn County.

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:

AB580, s. 1 Section 1. 59.692 (6m) of the statutes is amended to read:

AB580,2,6 59.692 (6m) For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a) or 281.166 (2), the department may not proceed under sub. (6) or (7) (b) or (c), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet the shoreland zoning standards.

AB580, s. 2 Section 2. 62.231 (6m) of the statutes is amended to read:

AB580,2,13 62.231 (6m) Certain amendments to ordinances. For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a) or 281.166 (2), the department of natural resources may not proceed under sub. (6), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet reasonable minimum standards.

AB580, s. 3 Section 3. 87.30 (1) (d) of the statutes is amended to read:

AB580,3,5 87.30 (1) (d) For an amendment to a floodplain zoning ordinance that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a) or 281.166 (2), the department may not proceed under this subsection, or otherwise review the amendment, to determine whether the ordinance, as amended, is insufficient.

AB580, s. 4 Section 4. 281.165 (title) of the statutes is amended to read:

AB580,3,8 281.165 (title) Compliance with water quality standards Exemption for wetlands; Dunn County site.

AB580, s. 5 Section 5. 281.165 (1) of the statutes is amended to read:

AB580,3,17 281.165 (1) Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure, or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292, or 299 or specified under any rule promulgated, order issued, or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under either sub. (2) or (3).

AB580, s. 6 Section 6. 281.165 (2) (intro.) of the statutes is repealed.

AB580, s. 7 Section 7. 281.165 (2) (a) of the statutes is repealed.

AB580, s. 8 Section 8. 281.165 (2) (b) of the statutes is repealed.

AB580, s. 9 Section 9. 281.165 (2) (c) of the statutes is renumbered 281.165 (3) (a) 4.

AB580, s. 10 Section 10. 281.165 (2) (d) of the statutes is renumbered 281.165 (3) (a) 5.

AB580, s. 11 Section 11. 281.165 (2) (e) of the statutes is repealed.

AB580, s. 12 Section 12. 281.165 (3) (title) of the statutes is repealed and recreated to read:

AB580,3,25 281.165 (3) (title) Requirements.

AB580, s. 13 Section 13. 281.165 (3) (a) (intro.) of the statutes is amended to read:

AB580,4,3 281.165 (3) (a) (intro.) Subsection (1) applies to an activity that meets the requirements under sub. (2) (c) and (d) and all of the following requirements:

AB580, s. 14 Section 14. 281.166 of the statutes is created to read:

AB580,4,12 281.166 Exemption for wetlands; Trempealeau County site. (1) Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure, or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292, or 299 or specified under any rule promulgated, order issued, or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under sub. (2).

AB580,4,14 (2) Requirements. Subsection (1) applies to an activity that meets all of the following requirements:

AB580,4,16 (a) The wetland area that will be affected by the activity is less than 15 acres in size.

AB580,4,18 (b) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.

AB580,4,20 (c) The site of the activity is within the corporate limits of a city on January 1, 1999.

AB580,4,23 (d) The governing body of the city adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city on the date of the adoption of the resolution or is necessary to promote job creation.

AB580,4,24 (e) The site of the activity is located in Trempealeau County.

AB580,4,25 (End)