LRB-2413/2
MGG:cjs:pg
2007 - 2008 LEGISLATURE
March 4, 2008 - Introduced by Representative Hixson. Referred to Committee on
Natural Resources.
AB909,1,9 1An Act to repeal 33.26 (6) and 33.33 (2); to renumber and amend 33.25 (3),
233.26 (2) and 33.26 (3); to amend 33.21, 33.235 (2), 33.24 (2), 33.25 (title), 33.25
3(1) (a), 33.25 (2) (intro.), 33.25 (2) (a), 33.25 (2) (b), 33.25 (2) (c), 33.25 (4), 33.26
4(1), 33.26 (5), 33.26 (7), 33.265, 33.33 (title), 33.35, 33.37 (1) and 33.37 (2); to
5repeal and recreate
33.25 (1) (title); and to create 33.25 (2m), 33.25 (3) (b),
633.26 (2) (c), 33.26 (3) (c), 33.26 (8) and 33.37 (1m) of the statutes; relating to:
7attachment of territory to public inland lake protection and rehabilitation
8districts and changing boundaries of proposed public inland lake protection and
9rehabilitation districts.
Analysis by the Legislative Reference Bureau
Under current law, a county may establish public inland lake protection and
rehabilitation districts (lake districts). A city, village, or town may also create a lake
district if all the frontage of the lake is within its boundaries.
Current law requires that certain procedures be followed by a county in
establishing a lake district. These include having a petition signed by 51 percent of
the persons owning land in the proposed lake district or by owners of 51 percent of
the land in the proposed lake district and having the county board conduct a hearing

on the petition. If the county board finds that the establishment of the lake district
will promote a public goal such as public health, convenience, or welfare and that the
land to be included in the lake district will benefit from its establishment, the county
board must approve the establishment of the lake district.
Current law requires that a different procedure be followed to annex territory
to a lake district. Under current law, an owner of land may petition the board of
commissioners for the lake district (district board) to annex the land. If the petition
is approved by a majority vote of the members of the district board, the territory is
annexed. Alternatively, the district board may begin the procedure by notifying the
owners of land that is proposed to be annexed and the county board. Under this
alternative procedure, a procedure similar to the one described above for the
establishment of a lake district applies.
This bill eliminates the procedure under which an owner of land may petition
the district board to annex territory and eliminates the authority of a district board
to begin an annexation proceeding. Under the bill, annexation requires that 51
percent of the owners of the land in the territory to be annexed or the owners of 51
percent of that territory sign the annexation petition. The county board must hold
a hearing on the petition.
Under current law, a county may change the boundaries of a lake district that
is being established. This bill repeals this provision.
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:
AB909, s. 1 1Section 1. 33.21 of the statutes is amended to read:
AB909,2,5 233.21 Public inland lake protection and rehabilitation districts;
3purposes.
Districts may be created established for the purpose of undertaking a
4program of lake protection and rehabilitation of a lake or parts thereof within the
5district.
AB909, s. 2 6Section 2. 33.235 (2) of the statutes is amended to read:
AB909,3,107 33.235 (2) The commissioners of a town sanitary district that does not
8encompass all the frontage of a lake within its boundaries may, with approval of the
9town board, petition under s. 33.25 for the formation of a restructured district to
10include the territory of the existing sanitary district and any additional frontage on

1the lake that is deemed appropriate by the commissioners. The commissioners may
2sign the petition for the landowners in the sanitary district. If necessary to meet the
3requirements of s. 33.25, signatures of owners of land lying outside the sanitary
4district shall be obtained. Formation of a restructured district that includes such
5additional territory shall not affect any preexisting rights or liabilities of the town
6sanitary district, and all these rights and liabilities shall be assumed automatically
7by the restructured district. The method by which these rights and liabilities are
8apportioned within the restructured district shall be determined by the county
9board, and set out in the order issued under s. 33.26 (3) (a) forming the restructured
10district.
AB909, s. 3 11Section 3. 33.24 (2) of the statutes is amended to read:
AB909,3,1712 33.24 (2) The county board of any county may establish districts within the
13county, and may attach contiguous territory to existing districts in the county, if the
14conditions stated in s. 33.26 are found to exist. Before a district that includes any
15portion of a city or village may be formed established under authority of this section,
16the city council or village board must have previously approved the inclusion of its
17territory within the boundaries of a proposed district.
AB909, s. 4 18Section 4. 33.25 (title) of the statutes is amended to read:
AB909,3,19 1933.25 (title) Petition for establishment or attachment.
AB909, s. 5 20Section 5. 33.25 (1) (title) of the statutes is repealed and recreated to read:
AB909,3,2121 33.25 (1) (title) Filing of petition.
AB909, s. 6 22Section 6. 33.25 (1) (a) of the statutes is amended to read:
AB909,4,1123 33.25 (1) (a) Before a county board may establish a district under s. 33.235 or
2433.24 or before a county board may approve the attachment of contiguous territory
25to an existing district under s. 33.24
, a petition requesting the establishment or

1attachment
shall be filed with the county clerk, addressed and presented to the
2county board and. A petition to establish a district shall be signed by persons
3constituting 51% 51 percent of the landowners or the owners of 51% 51 percent of the
4lands within the proposed district. A petition to attach territory to an existing
5district shall be signed by persons constituting 51 percent of the owners of land in
6the territory or the owners of 51 percent of the lands within the territory.

7Governmental subdivisions, other than the state or federal governments, owning
8lands within the proposed district
are eligible as landowners to sign such a petition.
9A city council or village or town board may by resolution represent persons owning
10lands within the proposed district
who are within its jurisdiction and who are eligible
11to sign a petition
, and may sign for all such landowners.
AB909, s. 7 12Section 7. 33.25 (2) (intro.) of the statutes is amended to read:
AB909,4,1413 33.25 (2) Contents of petition to establish. (intro.) The A petition filed under
14sub. (1) to establish a district
shall set forth all of the following:
AB909, s. 8 15Section 8. 33.25 (2) (a) of the statutes is amended to read:
AB909,4,1616 33.25 (2) (a) The proposed name of the district;.
AB909, s. 9 17Section 9. 33.25 (2) (b) of the statutes is amended to read:
AB909,4,1818 33.25 (2) (b) The necessity for the proposed district ;.
AB909, s. 10 19Section 10. 33.25 (2) (c) of the statutes is amended to read:
AB909,4,2320 33.25 (2) (c) That A statement that the public health, comfort, convenience,
21necessity, or public welfare will be promoted by the establishment of the district and
22that the lands territory to be included therein in the district will be benefited by such
23its establishment; and.
AB909, s. 11 24Section 11. 33.25 (2m) of the statutes is created to read:
AB909,5,2
133.25 (2m) Contents of petition to attach. A petition filed under sub. (1) to
2attach contiguous territory to an existing district shall set forth all of the following:
AB909,5,33 (a) The necessity for the attachment to the existing district.
AB909,5,64 (b) A statement that the public health, comfort, convenience, necessity, or
5welfare will be promoted by the attachment and that both the lands contained in the
6existing district and the territory to be attached will be benefited by the attachment.
AB909,5,77 (c) The boundaries of the territory to be attached to the existing district.
AB909, s. 12 8Section 12. 33.25 (3) of the statutes is renumbered 33.25 (3) (intro.) and
9amended to read:
AB909,5,1210 33.25 (3) Verification, plat. (intro.) The petition A petition filed under sub.
11(1)
shall be verified by one of the petitioners, and shall be accompanied by a one of
12the following:
AB909,5,14 13(a) For the establishment of a district, a plat or sketch indicating the
14approximate area and boundaries of the proposed district.
AB909, s. 13 15Section 13. 33.25 (3) (b) of the statutes is created to read:
AB909,5,1816 33.25 (3) (b) For the attachment of contiguous territory to an existing district,
17a plat or sketch indicating the approximate area and boundaries of the territory to
18be attached.
AB909, s. 14 19Section 14. 33.25 (4) of the statutes is amended to read:
AB909,5,2220 33.25 (4) Presumption. Every Each petition filed under sub. (1) is presumed
21to have been signed by the persons whose signatures appear thereon, until proved
22otherwise.
AB909, s. 15 23Section 15. 33.26 (1) of the statutes is amended to read:
AB909,6,824 33.26 (1) Upon receipt of the a petition for establishment of a district or for
25attachment of contiguous territory to an existing district under s. 33.25,
the county

1board shall arrange set a hearing to be held not later than 30 days from the date of
2presentation of the petition, and shall appoint a committee to conduct the hearing.
3At the hearing all interested persons may offer objections, criticisms , or suggestions
4as to the necessity of the proposed district establishment or attachment as outlined
5and as to the question of whether their property land will be benefited by the
6establishment of such district or attachment. Any person wishing to object to the
7organization of such district establishment or attachment may, before the date set
8for the hearing, file objections to the formation of such district with the county clerk.
AB909, s. 16 9Section 16. 33.26 (2) of the statutes is renumbered 33.26 (2) (a) and amended
10to read:
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