AB601: Bill Text

AB601,8,10 1. "Permit" means any written permit or approval granted to a recipient that relates to a zoning ordinance enacted under this section.

AB601,8,11 2. "Recipient" means any person who has received a permit.

AB601,8,13 (b) A county may not revoke or modify a permit unless one of the following applies:

AB601,8,14 1. The recipient consents to the revocation or modification of the permit.

AB601,8,16 2. The recipient provided inaccurate information in applying for or obtaining the permit.

AB601,8,17 3. The recipient violates a condition in the permit.

AB601,8,19 4. The county compensates the recipient for the costs incurred in reliance on the permit if the county issued the permit in error.

AB601,8,22 (c) If the county issued the permit in error, the county may grant a special exception or variance, under s. 59.694, of any requirement violated by the activity for which the permit was issued instead of providing compensation under par. (b) 4.

AB601, s. 10 Section 10. 60.61 (7) of the statutes is created to read:

AB601,8,25 60.61 (7) Revoking or modifying permits or written approvals. (a) In this subsection:

AB601,9,2 1. "Permit" means any written permit or approval granted to a recipient that relates to a zoning ordinance enacted under this section.

AB601,9,3 2. "Recipient" means any person who has received a permit.

AB601,9,5 (b) A town may not revoke or modify a permit unless one of the following applies:

AB601,9,6 1. The recipient consents to the revocation or modification of the permit.

AB601,9,8 2. The recipient provided inaccurate information in applying for or obtaining the permit.

AB601,9,9 3. The recipient violates a condition in the permit.

AB601,9,11 4. The town compensates the recipient for the costs incurred in reliance on the permit if the town issued the permit in error.

AB601,9,15 (c) If the town issued the permit in error, the town may grant a special exception or variance, using the standards described in s. 59.694 (7), of any requirement violated by the activity for which the permit was issued instead of providing compensation under par. (b) 4.

AB601, s. 11 Section 11. 62.23 (7) (j) of the statutes is created to read:

AB601,9,18 62.23 (7) (j) Revoking or modifying permits or written approvals. 1. In this paragraph:

AB601,9,20 a. "Permit" means any written permit or approval granted to a recipient that relates to a zoning ordinance enacted under this section.

AB601,9,21 b. "Recipient" means any person who has received a permit.

AB601,9,22 2. A city may not revoke or modify a permit unless one of the following applies:

AB601,9,23 a. The recipient consents to the revocation or modification of the permit.

AB601,9,25 b. The recipient provided inaccurate information in applying for or obtaining the permit.

AB601,10,1 c. The recipient violates a condition in the permit.

AB601,10,3 d. The city compensates the recipient for the costs incurred in reliance on the permit if the city issued the permit in error.

AB601,10,6 3. If the city issued the permit in error, the city may grant a special exception or variance, under par. (e), of any requirement violated by the activity for which the permit was issued instead of providing compensation under subd. 2. d.

AB601, s. 12 Section 12. 84.25 (14) of the statutes is created to read:

AB601,10,13 84.25 (14) Revoking or modifying a permit or approval. (a) Except as provided in par. (b), after an approval is given under sub. (4) or a permit is granted under sub. (7), the department may not revoke or modify the approval or permit unless the person receiving the approval or permit consents to the revocation or modification, provided inaccurate information to the department in obtaining the approval or permit, or has violated a term or condition of the approval or permit.

AB601,10,22 (b) The department may revoke or modify an approval given under sub. (4) or a permit granted under sub. (7) if the department gave the approval or granted the permit in error and the department compensates the person receiving the approval or permit for the costs incurred by the person in reliance on having obtained the approval or permit. Unless the department provides compensation under this paragraph, the department shall waive any requirement that was not satisfied by a person receiving an approval or permit in error and that would have prevented the department from giving the approval or granting the permit absent the department's error.

AB601, s. 13 Section 13. 101.12 (2) of the statutes is amended to read:

AB601,11,3 101.12 (2) Plans of said buildings, structures, and components shall be examined for compliance with the rules of the department, and a statement of the examination and approval shall be returned to the designer and owner before construction is started. Nothing in this section shall relieve the designer of the responsibility for designing a safe building, structure, or component.

AB601, s. 14 Section 14. 101.12 (3) (a) of the statutes is amended to read:

AB601,11,8 101.12 (3) (a) Accept the examination and approval of essential drawings, calculations, and specifications in accordance with sub. (1) performed by cities of the 1st class provided the same are examined and approved in a manner approved by the department.

AB601, s. 15 Section 15. 101.12 (3) (am) 1., 2. and 4. of the statutes are amended to read:

AB601,11,12 101.12 (3) (am) 1. Accept the examination and approval of essential drawings, calculations, and specifications in accordance with sub. (1) performed by a 2nd class city in conformity with the requirements of this paragraph.

AB601,11,15 2. The department shall promulgate rules for the administration of a program to certify 2nd class cities to perform the examination and approval of essential drawings, calculations, and specifications in accordance with sub. (1).

AB601,11,17 4. Owners An owner within the 2nd class city may obtain examinations a statement of examination and approval from the city or the department.

AB601, s. 16 Section 16. 101.12 (3) (b) of the statutes is amended to read:

AB601,11,25 101.12 (3) (b) Accept the examination and approval of essential drawings, calculations, and specifications in accordance with sub. (1) for buildings containing less than 50,000 cubic feet of volume and alterations to buildings containing less than 100,000 cubic feet of volume performed by cities, villages, towns or counties, provided the same are examined and approved in a manner approved by the department. The department shall determine and certify the competency of all such examiners.

AB601, s. 17 Section 17. 101.12 (3) (br) of the statutes is amended to read:

AB601,12,8 101.12 (3) (br) Accept the review and determination on variances for buildings containing less than 50,000 cubic feet of volume and alterations to buildings containing less than 100,000 cubic feet of volume performed by certified municipalities if the department has certified the competency of a municipality to issue variances and if the variances are reviewed and decided on in a manner approved by the department. Owners may submit variances to the municipality or the department.

AB601, s. 18 Section 18. 101.12 (3) (h) of the statutes is amended to read:

AB601,12,14 101.12 (3) (h) Require all local officers not authorized by the department to grant approvals as provided in pars. (a) and (b) to deny permits or licenses for construction or use of public buildings, public structures, and places of employment until the required essential drawings and , calculations, and specifications have been examined and approved by the department.

AB601, s. 19 Section 19. 101.12 (4) of the statutes is created to read:

AB601,12,16 101.12 (4) (a) In this subsection:

AB601,12,17 1. "Local governmental unit" means a city, village, town, or county.

AB601,12,18 2. "Plans" means essential drawings, calculations, and specifications.

AB601,12,20 3. "Recipient" means a person who has received approval of plans in accordance with sub. (1) or a variance in accordance with sub. (3) (bm) or (br).

AB601,12,23 (b) The department or a local governmental unit may not modify or revoke an approval of plans or a variance it granted under this section unless one of the following applies:

AB601,12,25 1. The recipient consents to the modification or revocation of the plans or the variance.

AB601,13,2 2. The recipient provided inaccurate information related to the plans or variance.

AB601,13,4 3. The recipient violates a requirement or condition imposed on the plans or on the variance.

AB601,13,7 4. The department or the local governmental unit compensates the recipient for the costs incurred in reliance on the plans or variance, if the department or the local governmental unit approved the plans or variance in error.

AB601,13,12 (c) If the department or local governmental unit approved plans or a variance under this section in error, the department or local governmental unit may validate the plans or variance by granting a waiver of any condition or requirement in the plans or variance that was violated by the activity for which the plans or variance were approved, instead of providing compensation under par. (b) 4.

AB601, s. 20 Section 20. 101.1205 (6m) of the statutes is created to read:

AB601,13,14 101.1205 (6m) (a) In this subsection:

AB601,13,15 1. "Local governmental unit" means a city, village, town, or county.

AB601,13,17 2. "Recipient" means a person who has received approval of plans submitted under sub. (2)

AB601,13,19 (b) The department or a local governmental unit may not modify or revoke an approval of plans it granted under this section unless one of the following applies:

AB601,13,20 1. The recipient consents to the modification or revocation of the plans.

AB601,13,21 2. The recipient provided inaccurate information related to the plans.

AB601,13,22 3. The recipient violates a requirement or condition imposed on the plans.

AB601,13,25 4. The department or the local governmental unit compensates the recipient for the costs incurred in reliance on the plans, if the department or the local governmental unit approved the plans in error.

AB601,14,5 (c) If the department or local governmental unit approved plans under this section in error, the department or local governmental unit may validate the plans by granting a waiver of any condition or requirement in the plans that was violated by the activity for which the plans were approved, instead of providing compensation under par. (b) 4.

AB601, s. 21 Section 21. 281.38 of the statutes is created to read:

AB601,14,10 281.38 Revoking or modifying water quality certifications. (1) In this section, "water quality certification" means a water quality certification required under s. 281.36 or under rules promulgated under subch. II of this chapter to implement 33 USC 1341 (a).

AB601,14,12 (2) (a) Except as provided in par. (c), the department may not revoke or modify a water quality certification unless one of the following applies:

AB601,14,14 1. The recipient consents to the revocation or modification of the water quality certification.

AB601,14,16 2. The recipient provided inaccurate information related to the water quality certification.

AB601,14,17 3. The recipient violates a condition in the water quality certification.

AB601,14,20 4. If the department issued the water quality certification in error, the department compensates the recipient for the costs incurred in reliance on the water quality certification.

AB601,14,25 (b) If the department issued a water quality certification in error, the department may validate the water quality certification by granting a waiver of any requirement that would be violated by the activity for which the water quality certification was issued instead of providing compensation under par. (a) 4., unless a waiver would violate 33 USC 1341.

AB601,15,2 (c) The department may revoke or modify a general water quality certification issued under s. 281.36 (8) as provided in s. 281.36 (8) (bn) 2. or (c).

AB601, s. 22 Section 22. 283.53 (2) (a) (intro.) of the statutes is amended to read:

AB601,15,7 283.53 (2) (a) (intro.) Any Subject to sub. (2r), any permit issued by the department under s. 283.31 or 283.33 may, after an opportunity for hearing, be modified, suspended or revoked, in whole or in part, for cause, including but not limited to:

AB601, s. 23 Section 23. 283.53 (2r) of the statutes is created to read:

AB601,15,12 283.53 (2r) (a) The department may not revoke, suspend, or modify a permit issued under s. 283.33 for a construction site without the consent of the permittee for any cause other than a cause described in sub. (2) (a) 1. or 2., unless the department compensates the recipient for the costs incurred in reliance on the permit.

AB601,15,17 (b) If the department issued a permit under s. 283.33 for a construction site in error, the department may validate the permit by granting a waiver of any requirement that would be violated by the activity for which the permit was granted instead of providing compensation under par. (a), unless a waiver would violate the Federal Water Pollution Control Act, 33 USC 1251 to 1387.

AB601,15,18 (End)