LRB-0606/1
MES:jld:nwn
2007 - 2008 LEGISLATURE
February 22, 2007 - Introduced by Representatives Albers, Molepske, Townsend,
A. Ott, Mursau and
Hahn, cosponsored by Senators S. Fitzgerald, Lassa,
Olsen and Schultz. Referred to Committee on Agriculture.
AB119,1,3
1An Act to create 88.21 (14) of the statutes;
relating to: authorizing a drainage
2district to impose setback distances or no-build zones related to drain
3maintenance.
Analysis by the Legislative Reference Bureau
Generally under current law, a city, village, town, or county may enact zoning
ordinances and engage in land use planning activities. Also under current law, a
drainage district is authorized to maintain and repair all drains within the district's
jurisdiction.
Under this bill, a drainage board may issue an order that imposes a mandatory
setback distance for the construction of a structure near the main drain of a district,
or creates a no-build zone near such a drain, to ensure that the drainage board has
sufficient access to the drain to maintain and repair it. Any order issued by the
drainage board must be consistent with local zoning ordinances. The order must be
recorded with the register of deeds of any affected county and the drainage board
must also notify affected local plan commissions.
For further information see the 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:
AB119, s. 1
1Section
1. 88.21 (14) of the statutes is created to read:
AB119,2,112
88.21
(14) Consistent with an ordinance enacted under s. 59.69 (4), 60.61 (2),
360.62 (1), 61.35, or 62.23 (7), issue an order under sub. (12) that imposes a mandatory
4setback distance for the construction of a structure near the main drain in a district,
5or creates a no-build zone near the main drain in a district, for the purpose of
6providing sufficient access to the drain for the board to maintain or repair the drain.
7If an order is issued under this subsection, the secretary of the drainage board shall
8record the order with the register of deeds of any county that contains territory that
9is affected by the order and shall also send a copy of the order to a county planning
10agency and municipal plan commission, or equivalent body, whose county or
11municipality contains territory affected by the order.
AB119,2,1413
(1) This act first applies to a structure for which the building permit is issued
14on the effective date of this subsection.
