AB1043: Bill Text

Current law generally requires a person who wishes to sell real property to provide within ten days after acceptance of an offer to purchase the property a real estate disclosure report to the buyer of the property. The report must list any condition that would have a significantly adverse effect on the value of the property. After receiving the report, the buyer, before the applicable deadline, may rescind the contract of sale if the report discloses such a condition. This bill requires a seller of real property that contains identified wetland areas to include this fact as in the real estate disclosure report.

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:

AB1043, s. 1 Section 1. 59.691 of the statutes is created to read:

AB1043,2,2 59.691 Building affecting identified wetlands. (1) In this section:

AB1043,2,4 (a) "Area of special natural resource interest" has the meaning given in s. 281.37 (1) (a).

AB1043,2,5 (b) "Department" means the department of natural resources.

AB1043,2,6 (c) "Identified wetland" means any of the following:

AB1043,2,8 1. A wetland identified on a final wetlands inventory map prepared by the department under s. 23.32.

AB1043,2,9 2. A wetland that is identified as a nonfederal wetland under s. 281.36 (1m).

AB1043,2,10 3. A wetland that is part of an area of special natural resource interest.

AB1043,3,3 (d) "Poorly drained area" means an area as being poorly drained that is identified on a soil survey map prepared by the federal Natural Resources Conservation Service.

AB1043,3,4 (e) "Wetland" has the meaning given in s. 23.32 (1).

AB1043,3,11 (2) (a) A county may not issue a building permit for a building project without first determining that the project will not have an adverse impact on an identified wetland. Notwithstanding the requirements of any ordinance enacted under s. 59.69 (4) or 59.692, if the county or the department subsequently determines after the building permit is issued that the building project does have an adverse impact on an identified wetland, the county may not take any action to modify or revoke the permit.

AB1043,3,14 (b) Paragraph (a) does not apply if the adverse impact to an identified wetland or poorly drained area has been authorized by the department or the U.S. Army Corps of Engineers.

AB1043, s. 2 Section 2. 60.625 of the statutes is created to read:

AB1043,3,16 60.625 Building affecting identified wetlands. (1) In this section:

AB1043,3,18 (a) "Area of special natural resource interest" has the meaning given in s. 281.37 (1) (a).

AB1043,3,19 (b) "Department" means the department of natural resources.

AB1043,3,20 (c) "Identified wetland" has the meaning given in s. 59.691 (1) (c).

AB1043,3,23 (d) "Poorly drained area" means an area as being poorly drained that is identified on a soil survey map prepared by the federal Natural Resources Conservation Service.

AB1043,3,24 (e) "Wetland" has the meaning given in s. 23.32 (1).

AB1043,4,6 (2) (a) A town may not issue a building permit for a building project without first determining that the project will not have an adverse impact on an identified wetland. Notwithstanding the requirements of any ordinance enacted under s. 60.61 (2) or 60.62 (1), if the town or the department subsequently determines after the building permit is issued that the project has an adverse impact on an identified wetland, the town may not take any action to modify or revoke the permit.

AB1043,4,9 (b) Paragraph (a) does not apply if the adverse impact to an identified wetland or poorly drained area has been authorized by the department or the U.S. Army Corps of Engineers.

AB1043, s. 3 Section 3. 61.352 of the statutes is created to read:

AB1043,4,11 61.352 Building affecting identified wetlands. (1) In this section:

AB1043,4,13 (a) "Area of special natural resource interest" has the meaning given in s. 281.37 (1) (a).

AB1043,4,14 (b) "Department" means the department of natural resources.

AB1043,4,15 (c) "Identified wetland" has the meaning given in s. 59.691 (1) (c).

AB1043,4,18 (d) "Poorly drained area" means an area as being poorly drained that is identified on a soil survey map prepared by the federal Natural Resources Conservation Service.

AB1043,4,19 (e) "Wetland" has the meaning given in s. 23.32 (1).

AB1043,4,25 (2) (a) A village may not issue a building permit for a building project without first determining that the project will not have an adverse impact on an identified wetland. Notwithstanding the requirements of any ordinance enacted under s. 61.35 or 61.351, if the village or the department subsequently determines that the project has an adverse impact on an identified wetland, the village may not take any action to modify or revoke the building permit.

AB1043,5,3 (b) Paragraph (a) does not apply if the adverse impact to an identified wetland or poorly drained area has been authorized by the department or the U.S. Army Corps of Engineers.

AB1043, s. 4 Section 4. 62.232 of the statutes is created to read:

AB1043,5,5 62.232 Building affecting identified wetlands. (1) In this section:

AB1043,5,7 (a) "Area of special natural resource interest" has the meaning given in s. 281.37 (1) (a).

AB1043,5,8 (b) "Department" means the department of natural resources.

AB1043,5,9 (c) "Identified wetland" has the meaning given in s. 59.691 (1) (c).

AB1043,5,12 (d) "Poorly drained area" means an area as being poorly drained that is identified on a soil survey map prepared by the federal Natural Resources Conservation Service.

AB1043,5,13 (e) "Wetland" has the meaning given in s. 23.32 (1).

AB1043,5,19 (2) (a) A city may not issue a building permit for a building project without first determining that the project will not have an adverse impact on an identified wetland. Notwithstanding the requirements of any ordinance enacted under s. 62.23 (7) or 62.231, if the city or the department subsequently determines that the project has an adverse impact on an identified wetland, the city may not take any action to modify or revoke the building permit.

AB1043,5,22 (b) Paragraph (a) does not apply if the adverse impact to an identified wetland or poorly drained area has been authorized by the department or the U.S. Army Corps of Engineers.

AB1043, s. 5 Section 5. 709.03 (form) C. 28. of the statutes is created to read:

AB1043,5,24 709.03 (form) C. 28. - See PDF for table

AB1043, s. 6 Section 6. Initial applicability.

AB1043,6,4 (1) Building permits. The treatment of sections 59.691, 60.625, 61.352, and 62.232 of the statutes first applies to applications for building permits that are submitted on the effective date of this subsection.

AB1043,6,7 (2) Real estate condition reports. The treatment of section 709.03 (form) C. 28. of the statutes first applies to real estate condition reports that are furnished on the effective date of this subsection.

AB1043, s. 7 Section 7. Effective date.

AB1043,6,10 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB1043,6,11 (End)