AB92,18,1916 (b) "Highway project" means any highway project to be funded by the
17department that involves a highway in which a business area that is the subject of
18revitalization efforts under the State Main Street Program under s. 560.081 (2) (e)
19or a certified downtown under s. 560.03 (21m) is located.
AB92,18,2020 (c) "Municipality" means a city, village, or town.
AB92,19,4 21(2) In the preliminary stages of considering and planning any highway project,
22the department shall consult on issues concerning the proposed highway project and
23its effects on the business or certified downtown area with the department of
24commerce and, unless no such board or organization exists, with the business
25improvement district board appointed under s. 66.1109 (3) (a), the main street board

1associated with the State Main Street Program under s. 560.081 (2) (e), or the
2nonprofit downtown planning organization of that municipality. This subsection
3does not apply to any highway project for which preliminary engineering was begun
4before the effective date of this subsection .... [LRB inserts date].
AB92,19,8 5(3) During the concept definition phase of any highway project, in evaluating
6the aesthetic and visual impact of the highway project, the department shall
7recognize the high visual and aesthetic significance of, and impact related to, these
8types of highway projects.
AB92, s. 29 9Section 29. 101.121 (3) (c) of the statutes is created to read:
AB92,19,1110 101.121 (3) (c) The Historic Building Code shall be liberally interpreted to
11facilitate the preservation and restoration of qualified historic buildings.
AB92, s. 30 12Section 30. 101.121 (4) (a) of the statutes is renumbered 101.121 (4) (a) 1.
AB92, s. 31 13Section 31. 101.121 (4) (a) 2. of the statutes is created to read:
AB92,19,2114 101.121 (4) (a) 2. Upon the request of the owner of a qualified historic building
15who elects under subd. 1. to be subject to the Historic Building Code, the department
16shall review any decision of a city, village, town, or county that requires the owner
17to comply with a provision of a county or municipal building code, or of any other local
18ordinance or regulation, to determine if the provision concerns a matter dealt with
19in the Historic Building Code. The department shall consult with the state historical
20society before making this determination. The procedures in s. 101.02 (7) apply to
21any review conducted by the department under this subdivision.
AB92, s. 32 22Section 32. 101.121 (4) (b) of the statutes is amended to read:
AB92,20,223 101.121 (4) (b) Paragraph (a) 1. does not apply to any owner of a nursing home,
24as defined in s. 50.01 (3), a hospital, as defined in s. 50.33 (2) (a) and (c), or an

1approved public or private treatment facility for alcoholics , as defined in s. 51.45 (2)
2(b) and (c).
AB92, s. 33 3Section 33. 101.121 (5) of the statutes is created to read:
AB92,20,94 101.121 (5) Informational pamphlet. (a) In cooperation with the state
5historical society, the department shall develop an informational pamphlet designed
6to increase awareness and use of the Historic Building Code. The department, in
7cooperation with the state historical society, shall update the pamphlet as statutes
8and rules relating to the Historic Building Code are amended. The pamphlet shall
9include all of the following information:
AB92,20,1010 1. A description of the Historic Building Code.
AB92,20,1211 2. A description of the types and qualities of buildings that are subject to the
12Historic Building Code.
AB92,20,1513 3. An explanation of how the owner of a qualified historic building may elect
14to be subject to the Historic Building Code and a description of the consequences of
15that election.
AB92,20,1716 4. A description of other alternative building codes that the owner of a historic
17building may be eligible to use.
AB92,20,1918 5. A description of where a person may obtain further information regarding
19historic buildings and the Historic Building Code.
AB92,20,2220 (b) The department and the state historical society shall distribute the
21pamphlets as they consider necessary to increase awareness of the Historic Building
22Code.
AB92, s. 34 23Section 34. 101.19 (1) (intro.) of the statutes is amended to read:
AB92,21,3
1101.19 (1) (intro.) The department, by rule promulgated under ch. 227, shall
2fix and collect promulgate rules establishing and providing for the collection of fees
3which shall, as closely as possible, equal the cost of providing the following services:
AB92, s. 35 4Section 35. 101.975 (4) of the statutes is created to read:
AB92,21,75 101.975 (4) (a) A political subdivision may enact an ordinance that permits the
6political subdivision to grant a variance to the rules promulgated under this
7subchapter if all of the following apply:
AB92,21,108 1. The ordinance permits only a variance that relates to handrails or guardrails
9of qualified historic buildings, as defined in s. 101.121 (2) (c), that are converted from
10single-family dwellings to multifamily dwellings.
AB92,21,1411 2. The ordinance requires the owner of a qualified historic building who seeks
12a variance to provide the political subdivision with evidence that the type, height,
13and design of the handrail or guardrail proposed for installation is historically
14appropriate for the owner's building.
AB92,21,1815 (b) A political subdivision may grant a variance under an ordinance adopted
16under par. (a) if the owner seeking the variance provides the evidence required under
17par. (a) 2. and if the handrail or guardrail installation is at least as protective of
18public safety as the handrail or guardrail that would otherwise have been required.
AB92, s. 36 19Section 36. 227.01 (13) (zy) of the statutes is created to read:
AB92,21,2220 227.01 (13) (zy) Establishes guidelines pursuant to s. 560.083 to aid
21communities in reconstructing central business districts that are destroyed or
22severely damaged in major disasters.
AB92, s. 37 23Section 37. 254.61 (1) (f) 2. of the statutes is amended to read:
AB92,22,324 254.61 (1) (f) 2. A structural addition, including a renovation, made to a
25structure that was originally constructed at least 50 years before an initial or

1renewal application for a permit under s. 254.64 (1) (b) is made and for which no use
2other than as a bed and breakfast establishment is proposed. The structural addition
3under this subdivision shall comply with the rules promulgated under s. 101.63 (1).
AB92, s. 38 4Section 38. 560.03 (21m) of the statutes is created to read:
AB92,22,85 560.03 (21m) (a) Promulgate rules for the certification of downtowns by the
6department. The rules promulgated under this subsection shall require the
7department to consider at least all of the following factors with regard to an area
8being a certified downtown:
AB92,22,99 1. Whether the area is or is located in a central business district.
AB92,22,1110 2. The extent to which the structures located in the area are in commercial use,
11or zoned for commercial use, and oriented for pedestrian traffic.
AB92,22,1312 3. The compactness of the area and the extent to which the area includes a
13regular pattern of sidewalks facilitating commercial activity by pedestrians.
AB92,22,1514 4. The extent to which the linear street frontage in the area is set back from
15the sidewalk.
AB92,22,1616 5. The historical value of the area.
AB92,22,1817 (b) Ensure that the rules promulgated under par. (a) permit multiple areas
18within a populous city, village, or town to be certified downtowns.
AB92,22,2019 (c) Support and assist certified downtowns by directing the department's
20resources, whenever appropriate, to certified downtowns.
AB92, s. 39 21Section 39. 560.083 of the statutes is created to read:
AB92,23,2 22560.083 Central business district reconstruction guidelines. The
23department shall develop and publish guidelines to aid communities in
24reconstructing central business districts that are destroyed or severely damaged in

1major disasters. The guidelines shall include information on relevant financial and
2other assistance available to communities from the state government.
AB92, s. 40 3Section 40. 823.21 of the statutes is amended to read:
AB92,23,8 4823.21 Dilapidated buildings declared nuisances. Any building which,
5under s. 66.0413 (1) (b) 1., has been declared so old, dilapidated or out of repair as
6to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or has
7been determined to be unreasonable to repair under s. 66.0413 (1) (b) 1. is a public
8nuisance and may be proceeded against under this chapter.
AB92, s. 41 9Section 41. Nonstatutory provisions.
AB92,23,1510 (1) Certified downtowns and business district reconstruction. The
11authorized FTE positions for the department of commerce are increased by 2.0 PR
12positions, to be funded from the appropriation under section 20.143 (1) (gb) of the
13statutes, as created by this act, for the purpose of providing increased staff for the
14administration of sections 560.03 (21m) and 560.083 of the statutes, as created by
15this act.
AB92,23,1916 (2) Historical society. The authorized FTE positions for the historical society
17are increased by 1.0 PR position, to be funded from the appropriation under section
1820.245 (1) (ks) of the statutes, for the purpose of providing increased staff for the
19administration section 44.02 (24d) (a) of the statutes, as created by this act.
AB92, s. 42 20Section 42. Fiscal changes.
AB92,24,721 (1) Survey of rural historic buildings. In the schedule under section 20.005
22(3) of the statutes for the appropriation to the state historical society under section
2320.245 (1) (a) of the statutes, as affected by the acts of 2009, the dollar amount is
24increased by $75,000 for the first fiscal year of the fiscal biennium in which this
25subsection takes effect for the purpose of entering into a contract for a survey under

1section 44.34 (1) of the statutes to identify and document historic properties in rural
2areas of the state. In the schedule under section 20.005 (3) of the statutes for the
3appropriation to the state historical society under section 20.245 (1) (a) of the
4statutes, as affected by the acts of 2009, the dollar amount is increased by $75,000
5for the second fiscal year of the fiscal biennium in which this subsection takes effect
6for the purpose of entering into a contract for a survey under section 44.34 (1) of the
7statutes to identify and document historic properties in rural areas of the state.
AB92, s. 43 8Section 43. Initial applicability.
AB92,24,159 (1) Historic rehabilitation tax credits. The treatment of sections 44.02 (24d),
1071.07 (9m) (c), (g), and (h), 71.28 (6) (c), (g), and (h), and 71.47 (6) (c), (g), and (h) of
11the statutes, the renumbering of section 44.02 (24) of the statutes, the renumbering
12and amendment of sections 71.07 (9m) (a) and (9r) (a), 71.28 (6) (a), and 71.47 (6) (a)
13of the statutes, and the creation of sections 44.02 (24) (b), 71.07 (9m) (a) 2. and (9r)
14(a) 2., 71.28 (6) (a) 2., and 71.47 (6) (a) 2. of the statutes first apply to taxable years
15beginning on January 1, 2010.
AB92,24,1816 (2) Concept definition phase of highway projects. The treatment of section
1786.37 (3) of the statutes first applies to highway projects for which the concept
18definition phase begins on the effective date of this subsection.
AB92,24,1919 (End)
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