LRB-4099/1
PJK&RNK:jld:md
2009 - 2010 LEGISLATURE
January 22, 2010 - Introduced by Representative Black, cosponsored by Senator
Holperin. Referred to Committee on Natural Resources.
AB670,1,3 1An Act to create 709.03 (form) C. 26m. of the statutes; relating to: requiring
2sellers of residential real property to disclose whether the property is subject
3to a shoreland zoning mitigation plan.
Analysis by the Legislative Reference Bureau
Under current law, a county must enact a shoreland zoning ordinance for
shorelands in its unincorporated area. Current law defines a shoreland as an area
within a certain distance from the edge of a navigable water. If a county does not
enact a shoreland zoning ordinance or if the Department of Natural Resources (DNR)
determines that the county has enacted an ordinance that fails to meet certain
standards specified in rules promulgated by DNR, then DNR must adopt a shoreland
zoning ordinance for the county. Under rules promulgated by DNR, a county
ordinance may authorize a structure that was lawfully placed when constructed, but
that no longer complies with certain shoreland zoning standards, to be expanded,
replaced, or relocated if certain requirements are met. Among those requirements
is a requirement that the county issue a permit requiring that a mitigation plan be
approved by the county and implemented by the property owner. The mitigation plan
must require the property owner to establish or maintain measures that the county
determines are adequate to offset the impacts of the building expansion on water
quality, aquatic and wildlife habitat, and natural scenic beauty. The obligations of
the property owner under the mitigation plan must be evidenced by an instrument
recorded in the office of the register of deeds.
Also under current law, with certain exceptions, owners selling residential real
property must give prospective buyers a form, known as a real estate condition

report, on which the owner discloses certain conditions of the real property of which
the owner is aware. This bill requires an owner to disclose on the real estate
condition report whether the real property is subject to a mitigation plan required
by the county.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB670, s. 1 1Section 1. 709.03 (form) C. 26m. of the statutes is created to read:
AB670,2,2 2709.03 (form) - See PDF for table PDF
AB670, s. 2 3Section 2. Nonstatutory provisions.
AB670,2,94 (1) Real estate condition report. Notwithstanding section 709.035 of the
5statutes, the creation of section 709.03 (form) C. 26m. of the statutes does not require
6a property owner who has furnished to a prospective buyer of the property an original
7or amended real estate condition report before the effective date of this subsection
8to submit an amended real estate condition report with respect to the information
9required by section 709.03 (form) C. 26m. of the statutes, as created by this act.
AB670, s. 3 10Section 3. Initial applicability.
AB670,3,3
1(1) The treatment of section 709.03 (form) C. 26m. of the statutes first applies
2to original real estate condition reports that are furnished on the effective date of this
3subsection.
AB670,3,44 (End)
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