SB209: Bill Text

LRB-2455/1

MGG&MES:wlj:km

2001 - 2002 LEGISLATURE

2001 Senate BILL 209

June 21, 2001 - Introduced by Senators Risser and Burke, cosponsored by Representatives Berceau, Pocan, Miller and Bock. Referred to Committee on Environmental Resources.

SB209,1,6 An Act to amend 20.370 (3) (ma), 30.12 (4) (a), 30.202 (3), 30.204 (5), 41.41 (8), 66.0217 (8) (a), 66.0219 (6), 66.0223, 66.0307 (3) (e), 66.0307 (7m), 70.32 (1g), 91.73 (1), 289.33 (3) (d), 289.35 and 289.43 (7) (c); and to create 66.1001 (3) (Lm) and 66.1002 of the statutes; relating to: zoning of upland environmental corridors, requiring the exercise of rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, a county must enact specific zoning ordinances to regulate activities in any shorelands that are in unincorporated areas of the county, and a village or city must enact specific zoning ordinances to regulate activities in wetlands that are five acres or more in size and that are located in shorelands. These zoning ordinances must comply with standards established by the department of natural resources (DNR). Current law defines "shorelands" as lands within certain distances of navigable waters.

This bill creates similar requirements for upland environmental corridors. Under the bill, DNR must promulgate rules to establish criteria for determining what are to be considered upland environmental corridors. DNR must also promulgate rules to establish standards for identifying these corridors, including a minimum size requirement.

Once DNR identifies these corridors, the regional planning commission for the area in which each corridor is located must map the corridor. If a corridor is not under the jurisdiction of such a planning commission, the county, city, or village (local unit of government) in which the corridor is located must either map the corridor or contract with a regional planning commission to perform the mapping.

The bill requires DNR to promulgate rules to establish objectives for protecting these corridors from land use practices that reduce the upland environmental corridors' natural values, including objectives as to the amount and type of development that may, occur in upland environmental corridors. Each local unit of government in which an upland environmental corridor is located must then enact an ordinance that meets these objectives. If a local unit of government fails to do so within one year after the mapping is completed, DNR must then enact an ordinance for the local unit of government.

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:

SB209, s. 1 Section 1. 20.370 (3) (ma) of the statutes is amended to read:

SB209,2,9 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, and 280 to 299, except s. 281.48, and ss. 44.47, 59.692, 59.693, 61.351, 61.354, 62.231, 62.234, 66.1002, 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.

SB209, s. 2 Section 2. 30.12 (4) (a) of the statutes is amended to read:

SB209,3,5 30.12 (4) (a) Activities affecting waters of the state as defined in s. 281.01 (18) that are carried out under the direction and supervision of the department of transportation in connection with highway, bridge, or other transportation project design, location, construction, reconstruction, maintenance, and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.601, 30.11, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231, 66.1002, or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. 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.

SB209, s. 3 Section 3. 30.202 (3) of the statutes is amended to read:

SB209,3,12 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 s. 29.601, 30.01 to 30.20, 30.21 to 30.99, 59.692, 66.1002, or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48, or specified in any rule promulgated, order issued, or ordinance adopted under those sections or chapters.

SB209, s. 4 Section 4. 30.204 (5) of the statutes is amended to read:

SB209,3,21 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 s. 29.601 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.692, 66.1002, 87.30, 287.81, 299.15 to 299.23, 299.91, 299.95, or 299.97 or chs. 281, 283, or 289 to 292 or specified in any rule promulgated, order issued, or ordinance adopted under any of those sections or chapters.

SB209, s. 5 Section 5. 41.41 (8) of the statutes is amended to read:

SB209,4,4 41.41 (8) Zoning. Notwithstanding ss. 13.48 (13) (a), 59.69 (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. 59.692, 61.351, 62.231, 66.1002, or 87.30 governing the zoning of floodplains, upland environmental corridors, shorelands, or wetlands in shorelands and any ordinance that is required by law under s. 59.693, 61.354, or 62.234 governing construction site erosion control or storm water management applies in the reserve.

SB209, s. 6 Section 6. 66.0217 (8) (a) of the statutes is amended to read:

SB209,4,20 66.0217 (8) (a) An ordinance for the annexation of the territory described in the annexation petition under sub. (3) may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to sub. (6) the governing body shall first review the reasons given by the department that the proposed annexation is against the public interest. Subject to s. ss. 59.692 (7) and 66.1002 (5) (a) 5., an ordinance under this subsection may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing a temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make a temporary classification is not effective when the county ordinance prevails during litigation as provided in s. 59.69 (7).

SB209, s. 7 Section 7. 66.0219 (6) of the statutes is amended to read:

SB209,5,5 66.0219 (6) Temporary zoning of area proposed to be annexed. An interim zoning ordinance to become effective only upon approval of the annexation at the referendum election may be enacted by the governing body of the city or village. Subject to s. ss. 59.692 (7) and 66.1002 (5) (a) 5., the ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). The proposed interim zoning ordinance shall be referred to and recommended by the plan commission prior to introduction. Authority to make a temporary classification is not effective when the county zoning ordinance prevails during litigation as provided in s. 59.69 (7).

SB209, s. 8 Section 8. 66.0223 of the statutes is amended to read:

SB209,5,24 66.0223 Annexation of territory owned by a city or village. In addition to other methods provided by law and subject to ss. 59.692 (7) and 66.0307 (7), and 66.1002 (5) (a) 5., territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of the secretary of state, together with 7 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of administration, one copy to the department of natural resources, one copy to the department of revenue , and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Section 66.0217 (11) applies to annexations under this section.

SB209, s. 9 Section 9. 66.0307 (3) (e) of the statutes is amended to read:

SB209,6,5 66.0307 (3) (e) Content of plan; compatibility with existing law. The cooperative plan shall describe how the plan is consistent with current state and federal laws, county shoreland zoning ordinances under s. ss. 59.692 and 66.1002, municipal regulations, and administrative rules that apply to the territory affected by the plan.

SB209, s. 10 Section 10. 66.0307 (7m) of the statutes is amended to read:

SB209,6,18 66.0307 (7m) Zoning in town territory. If a town is a party to a cooperative plan with a city or village, the town and city or village may agree, as part of the cooperative plan, to authorize the town, city, or village to adopt a zoning ordinance under s. 60.61, 61.35, or 62.23 for all or a portion of the town territory covered by the plan. The exercise of zoning authority by a town under this subsection is not subject to s. 60.61 (3) or 60.62 (3). If a county zoning ordinance applies to the town territory covered by the plan, that ordinance and amendments to it continue until a zoning ordinance is adopted under this subsection. If a zoning ordinance is adopted under this subsection, that zoning ordinance continues in effect after the planning period ceases until a different zoning ordinance for the territory is adopted under other applicable law. This subsection does not affect zoning ordinances adopted that are in effect under ss. 59.692, 66.1002, 87.30, or 91.71 to 91.78.

SB209, s. 11 Section 11. 66.1001 (3) (Lm) of the statutes is created to read:

SB209,6,23 66.1001 (3) (Lm) City or village upland environmental corridor zoning ordinances enacted or amended under s. 66.1002 (5) (b), or a county upland environmental corridor zoning ordinance enacted or amended under s. 66.1002 (5) (a).

SB209, s. 12 Section 12. 66.1002 of the statutes is created to read:

SB209,7,2 66.1002 Zoning of upland environmental corridors. (1) Definitions. In this section:

SB209,7,3 (a) "Department" means the department of natural resources.

SB209,7,4 (b) "Local unit of government" means a city, village, or county.

SB209,7,5 (c) "Shorelands" has the meaning given in s. 59.692 (1) (b).

SB209,7,9 (2) Determination of upland environmental corridors. (a) The department shall promulgate rules that specify criteria for determining the types of areas that shall be included as upland environmental corridors on the maps under sub. (3). The types of areas may include:

SB209,7,10 1. Woodlands.

SB209,7,11 2. Wetlands that are not located in shorelands.

SB209,7,12 3. Wildlife habitat areas.

SB209,7,13 4. Areas consisting of prairie communities.

SB209,7,14 5. Areas of steep slope or rough topography.

SB209,7,17 (b) The department shall promulgate rules that establish standards for identifying and delineating upland environmental corridors, including minimum requirements for the sizes of these corridors.

SB209,7,20 (c) Upland environmental corridors that meet the criteria and standards established by rule under this subsection shall be mapped as required under sub. (3) and are subject to the ordinances required under sub. (5).

SB209,8,2 (3) Mapping. (a) Each regional planning commission shall map the upland environmental corridors within its region. If any part of a local unit of government is not under the jurisdiction of a regional planning commission, the local unit of government shall either map the upland environmental corridors within the boundaries of the local unit of government or shall contract with a regional planning commission to perform the mapping. The mapping required under this paragraph shall be completed before January 1, 2007.