AB601: Bill Text

LRB-2020/1

RCT/ARG/MGG/MES:lmk:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 601

August 9, 2005 - Introduced by Representatives Albers and Musser. Referred to Committee on Property Rights and Land Management.

AB601,1,7 An Act to repeal 30.2095 (2); to renumber 30.2095 (1) (b); to renumber and amend 30.2095 (1) (a); to amend 30.772 (3) (d) 3. and 4., 101.12 (2), 101.12 (3) (a), 101.12 (3) (am) 1., 2. and 4., 101.12 (3) (b), 101.12 (3) (br), 101.12 (3) (h) and 283.53 (2) (a) (intro.); and to create 30.2097, 30.437, 30.772 (4m), 31.045 (3), 59.69 (16), 60.61 (7), 62.23 (7) (j), 84.25 (14), 101.12 (4), 101.1205 (6m), 281.38 and 283.53 (2r) of the statutes; relating to: revoking, modifying, or imposing conditions on certain approvals.

Analysis by the Legislative Reference Bureau

This bill places limits on the situations in which political subdivisions and certain state agencies may revoke or change some types of approvals that they issue.

Political subdivisions

Generally, under current law, a political subdivision (a city, village, town, or county) is authorized to enact zoning ordinances. A zoning ordinance may determine, establish, regulate, and restrict land use in various ways, including specifying the following: the areas within which certain activities may be conducted, the location of roads and schools, building setback lines, and the percentage of a lot which may be occupied.

Under this bill, a political subdivision may not revoke or modify a permit or approval that has been granted to a person, that relates to a zoning ordinance, unless the permit recipient consents, the recipient provided inaccurate information relating to the permit, the recipient violates a condition of the permit, or, if the political subdivision issues the permit in error, the political subdivision compensates the recipient for the costs incurred in reliance on the permit. If the permit was issued in error, the bill also authorizes a political subdivision, instead of providing compensation, to grant a special exception or variance of any requirement violated by the activity for which the permit was issued.

Water quality certification

Under current law, the Department of Natural Resources (DNR) issues water quality certifications to persons who wish to engage in activities that may result in discharges to lakes, rivers, or wetlands.

This bill provides that DNR may generally not revoke or modify a water quality certification unless the recipient of the certification consents, the recipient provided inaccurate information related to the certification, or, if DNR issued the certification in error, DNR compensates the recipient for the costs incurred in reliance on the certification. If DNR issues a water quality certification in error, the bill authorizes DNR to validate the certification, rather than providing compensation and modifying or revoking it, by granting a waiver of the requirement that would be violated by the activity for which the certification was granted, unless a waiver would violate the federal Water Pollution Control Act.

Construction site storm water discharge permit

Under current law, DNR issues permits for storm water discharges from certain construction sites. Current law authorizes DNR to revoke, suspend, or modify a storm water discharge permit that covers a construction site for cause.

This bill provides that DNR may generally not revoke, suspend, or modify a storm water discharge permit that covers a construction site for a cause other than a violation of the permit or providing inaccurate information related to the permit, unless DNR compensates the recipient for the costs incurred in reliance on the permit. If DNR issues a construction site storm water discharge permit in error, the bill authorizes DNR to validate the permit, rather than providing compensation and revoking, suspending, or modifying it, by granting a waiver of the requirement that would be violated by the activity for which the certification was granted, unless a waiver would violate the federal Water Pollution Control Act.

Individual permits and contracts affecting activities in or near navigable waters

Under current law, DNR issues individual permits for the placement of structures in navigable waters and for other activities related to navigable waters and enters into contracts for the removal of material from the beds of navigable waters. Current law authorizes DNR to modify or revoke any such contract or permit for good cause.

This bill provides that DNR may generally not revoke or modify such a permit or contract unless the recipient of the permit or contract consents, provided inaccurate information related to the permit or contract, violates the permit or contract, or is compensated by DNR for costs incurred in relying on the permit or contract in the case where DNR in error issued the permit or entered into the contract. If DNR does issue a permit or enter into a contract in error, the bill authorizes DNR to validate the permit or contract, rather than providing the compensation and revoking the permit or contract, by granting a waiver of the requirement that would be violated by the activity subject to the permit or contract. Under the bill, similar provisions apply to permits issued either by the DNR or a municipality for the placement of moorings in navigable waters and to permits issued by DNR and approved by drainage boards for dams that affect the water levels in drainage districts.

Under current law, special provisions for revocations of permits for the diversion of water from lakes and streams apply. These provisions are not affected by the bill.

Under current law, the Lower Wisconsin Riverway Board (Riverway Board) issues permits relating to structures, forestry activities, mining activities, and utility facilities in the Lower Wisconsin State Riverway, which is an area designated by along the Wisconsin State Riverway downstream from Prairie du Sac. With very limited exceptions, this bill imposes the same limitations described above on the Riverway Board in revoking and conditioning these permits as are imposed on DNR for activities affecting navigable waters.

Approval of plans and variances for public buildings and places of employment

Current law generally requires that the Department of Commerce (Commerce) promulgate rules regulating the construction of public buildings (buildings that are used by the public or by three of more tenants) and buildings that are places of employment. These rules cover such things as the building's proposed heating, ventilation, and air conditioning systems, fire detection systems, and elevator systems. With certain exceptions, current law requires Commerce to review plans for the construction of these buildings to ensure that the proposed construction complies with Commerce's rules and to review certain variances for these construction projects that are issued by certain municipalities.

Current law also requires Commerce, in conjunction with DNR, to promulgate rules creating statewide standards for erosion control at building sites for the public buildings and buildings that are places of employments. With certain exceptions, current law requires approvals of erosion control plans by either Commerce or by a municipality to which Commerce has delegated this approval authority.

This bill provides that Commerce or a municipality may generally not revoke or modify an approval of a construction or erosion control plan or a variance unless the recipient of the approval consents, provided inaccurate information related to the plan approval or variance, violates a requirement under the plan or variance, or is compensated by Commerce for costs incurred in relying on the plan or variance in the case where Commerce or the municipality acted in error. If Commerce or the municipality did act in error, the bill authorizes Commerce or the municipality to validate the plans or variance, rather than providing the compensation and revoking the approval for the plans or variance, by granting a waiver of the requirement that would be violated.

Approval of connections to and crossings of controlled-access highways

Under current law, the Department of Transportation (DOT) may, with restrictions, designate certain highways as controlled-access highways, which are highways to which access points (entrances and exits) are limited based upon traffic volume and public safety concerns. No driveway, street, or highway may be connected with a controlled-access highway without prior approval by DOT in writing, which approval may only be given if it is in the public interest. Also, if property owned by one person is severed by a controlled-access highway, DOT may permit a crossing of the controlled-access highway at a designated location, to be used solely for travel between the severed parcels under common ownership.

This bill provides that DOT may generally not revoke or modify an approval or permit related to a controlled-access highway connection or crossing unless the recipient of the approval or permit consents, the recipient provided inaccurate information to DOT in obtaining the approval or permit, the recipient violated a term or condition of the approval or permit, or, if DOT gave the approval or granted the permit in error, DOT compensates the recipient for the costs incurred in reliance on having obtained the approval or permit. If DOT gave the approval or granted the permit in error, DOT must either provide such compensation or waive any requirement for the approval or permit that was not satisfied by the person who received the approval or permit in error.

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:

AB601, s. 1 Section 1. 30.2095 (1) (a) of the statutes is renumbered 30.2095 (1) and amended to read:

AB601,4,6 30.2095 (1) Except as provided in par. (b) sub. (2m), every permit or contract issued under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2) is void unless the activity or project is completed within 3 years after the permit or contract was issued.

AB601, s. 2 Section 2. 30.2095 (1) (b) of the statutes is renumbered 30.2095 (2m).

AB601, s. 3 Section 3. 30.2095 (2) of the statutes is repealed.

AB601, s. 4 Section 4. 30.2097 of the statutes is created to read:

AB601,5,3 30.2097 Revoking or modifying individual permits and contracts. (1) Definition. In this section, "recipient" means any person who has received a permit or contract under this subchapter.

AB601,5,6 (2) Limitation on modifications and revocations. The department may not modify or revoke an individual permit issued under this subchapter or a contract entered into under this subchapter unless one of the following applies:

AB601,5,8 (a) The recipient consents to the modification or revocation of the permit or the contract.

AB601,5,10 (b) The recipient provided inaccurate information related to the permit or contract.

AB601,5,12 (c) The recipient violates a requirement or condition contained in the permit or the contract.

AB601,5,15 (d) The department compensates the recipient for the costs incurred in reliance on the permit or contract, if the department issued the permit in error or entered into the contract in error.

AB601,5,17 (e) The recipient submits an application to modify the permit or contract under s. 30.208 or 30.209.

AB601,5,18 (f) The department revokes an individual permit under s. 30.18 (6m).

AB601,5,23 (3) Department authority to validate erroneous permits or contracts. If the department issued a permit in error or entered into a contract in error under this subchapter, the department may validate the permit or contract by granting a waiver of any condition or requirement violated by the activity for which the permit or contract was received instead of providing compensation under sub. (2) (d).

AB601, s. 5 Section 5. 30.437 of the statutes is created to read:

AB601,6,3 30.437 Revoking and conditioning permits. (1) Limitation. The board may not revoke or impose additional conditions on a permit issued under this subchapter unless one of the following applies: