LRB-2308/1
ARG:jld:pg
2007 - 2008 LEGISLATURE
April 13, 2007 - Introduced by Representatives Nygren, Hahn, Jeskewitz, Mursau
and Van Roy, cosponsored by Senators Hansen and Roessler, by request of
City of Oconto. Referred to Committee on Transportation.
AB259,1,3 1An Act to renumber and amend 86.255 (2) (a); and to create 86.255 (2) (a) 1.
2and 2. of the statutes; relating to: the acquisition by the Department of
3Transportation of land for mitigation related to highway projects.
Analysis by the Legislative Reference Bureau
Current law generally prohibits the Department of Transportation (DOT), after
October 28, 1999, from encumbering or expending highway program moneys for
purposes related to the purchase of land, easements, or development rights in land,
unless the land or interest in land is purchased in association with a highway project
and the land or interest in land is located within one-quarter mile of the highway.
An exception to this prohibition allows DOT to purchase land that is acquired as
compensatory mitigation for another wetland that will suffer an adverse impact by
degradation or destruction as part of a highway project.
Under this bill, in order for this wetland mitigation exception to apply, DOT
must provide notice, to any city or village in which land to be purchased for wetland
mitigation is located, of DOT's intent to purchase the land and the city or village must
not, within 30 days after receiving this notice, object based on its determination that
DOT's purchase of the land would be detrimental to the future development of the
city or village.

For further information see the state 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:
AB259, s. 1 1Section 1. 86.255 (2) (a) of the statutes is renumbered 86.255 (2) (a) (intro.)
2and amended to read:
AB259,2,63 86.255 (2) (a) (intro.) The purchase of any land that is acquired as
4compensatory mitigation for another wetland, as defined in s. 23.32 (1), that will
5suffer an adverse impact by degradation or destruction as part of a highway project.
6if all of the following apply:
AB259, s. 2 7Section 2. 86.255 (2) (a) 1. and 2. of the statutes are created to read:
AB259,2,108 86.255 (2) (a) 1. Prior to entering into any contract for purchase of the land, the
9department provides notice, to the governing body of any city or village in which the
10land is located, of the department's intent to purchase the land.
AB259,2,1511 2. The governing body of a city or village, within 30 days after receiving the
12notice specified in par. (a), does not make a determination that the department's
13purchase of the land would be detrimental to the future development of the city or
14village and notify the department that it objects to the purchase based on this
15determination.
AB259, s. 3 16Section 3. Initial applicability.
AB259,2,1917 (1) This act first applies to contracts for the purchase of land acquired as
18compensatory mitigation for another wetland that are entered into on the effective
19date of this subsection.
AB259, s. 4 20Section 4. Effective date.
AB259,3,2
1(1) This act takes effect on the first day of the 2nd month beginning after
2publication.
AB259,3,33 (End)
Loading...
Loading...