AB254: Bill Text

AB254,8,4 5. The size of yards, courts and other open spaces ; the.

AB254,8,5 6. The density and distribution of population; the.

AB254,8,6 7. The location of buildings designed for specified uses; the.

AB254,8,8 8. The trades, industries or purposes that may be engaged in or subject to regulation; and the.

AB254,8,9 9. The uses for which buildings may not be erected or altered.

AB254, s. 13 Section 13. 62.23 (7) (b) of the statutes is amended to read:

AB254,9,5 62.23 (7) (b) Districts. For any and all of said purposes the council may divide the city into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this section; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings and for the use of land throughout each district, but the regulations in one district may differ from those in other districts. No ordinance enacted or regulation adopted under this subsection may prohibit forestry operations that are in accordance with generally accepted forestry management practices, as defined under s. 823.075 (1) (c). The council may with the consent of the owners establish special districts, to be called planned development districts, with regulations in each, which in addition to those provided in par. (c), will over a period of time tend to promote the maximum benefit from coordinated area site planning, diversified location of structures and mixed compatible uses. Such regulations shall provide for a safe and efficient system for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, economic design and location of public and private utilities and community facilities and insure adequate standards of construction and planning. Such regulations may also provide for the development of the land in such districts with one or more principal structures and related accessory uses, and in such districts the regulations need not be uniform.

AB254, s. 14 Section 14. 94.025 of the statutes is created to read:

AB254,9,10 94.025 Emergencies on state forest lands. Notwithstanding ss. 94.01 and 94.02, the chief state forester shall be the person with the authority and responsibility to manage invasive species or pest infestations that threaten state forest lands as provided under s. 23.114.

AB254, s. 15 Section 15. 823.075 of the statutes is created to read:

AB254,9,12 823.075 Actions against forestry operations. (1) In this section:

AB254,9,13 (a) "Department" means the department of natural resources.

AB254,9,16 (b) "Forest" means a parcel of land in which at least 80 percent of the parcel is producing or is capable of producing at least 20 cubic feet of merchantable timber, as defined in s. 77.81 (3), per acre per year.

AB254,9,19 (c) "Generally accepted forestry management practices" means forestry management practices that maximize sound management of a forest, as determined by the department by rule.

AB254,9,23 (2) A forestry operation is not a nuisance if the forestry operation alleged to be a nuisance conforms to generally accepted forestry management practices. Any of the following are examples of forestry operations that are not a nuisance if conducted in conformance with generally accepted forestry management practices:

AB254,9,25 (a) Removal of vegetation, dead or live trees, bark, foliage, or wood resulting in visual changes in a forest.

AB254,10,1 (b) Noise from forestry equipment.

AB254,10,3 (c) Removal of vegetation, dead or live trees, bark, foliage, or wood from a forest adjoining the property of another person.

AB254,10,4 (d) Use of chemicals that are normally used in forestry operations.

AB254,10,6 (3) A forestry operation that conforms to generally accepted forestry management practices is not a nuisance regardless of any of the following:

AB254,10,7 (a) A change in ownership or size of a forest.

AB254,10,8 (b) Cessation or interruption of forestry operations.

AB254,10,10 (c) Enrollment of all or part of the forest in governmental forestry or conservation programs.

AB254,10,11 (d) Adoption of new forestry technology.

AB254,10,15 (4) In any action in which a forestry operation is alleged to be a nuisance, if the party who was alleged to commit the nuisance prevails, the court may award that party the actual and necessary costs incurred in the action and, notwithstanding s. 814.04 (1), reasonable attorney fees.

AB254, s. 16 Section 16. Nonstatutory provisions.

AB254,10,23 (1) The department of natural resources shall submit in proposed form the rules required under sections 23.114 (1) (b) and 28.05 (3) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection, unless the secretary of administration requires the department of natural resources to prepare an economic impact report under section 227.137 of the statutes for the proposed rules.

AB254,11,7 (2) Using the procedure under section 227.24 of the statutes, the department of natural resources shall promulgate rules required under sections 23.114 (1) (b) and 28.05 (3) of the statutes, as created by this act, for the period before the effective date of the permanent rules submitted under subsection (1). Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until the date on which permanent rules take effect. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB254, s. 17 Section 17. Effective dates. This act takes effect on the day after publication, except as follows:

AB254,11,11 (1) The treatment of sections 23.135 and 28.025 of the statutes takes effect on the first day of the 13th month beginning after publication.

AB254,11,13 (2) The treatment of sections 23.114 (1) (b) and 28.05 (3) of the statutes takes effect on the first day of the 4th month beginning after publication.

AB254,11,14 (End)