AB130: Bill Text

LRB-0529/2

MES&MDK:jld

2017 - 2018 LEGISLATURE

2017 Assembly BILL 130

March 8, 2017 - Introduced by Representatives Allen, Steffen, Jacque, Doyle, Ott, Genrich, Shankland, Macco, Tusler, Horlacher, Billings and Bowen, cosponsored by Senators Cowles, Hansen, Miller, Vinehout, Shilling and Marklein. Referred to Committee on Energy and Utilities.

AB130,1,3 An Act to create 66.0404 (1) (fm) and 66.0404 (4e) of the statutes; relating to: authorizing a political subdivision to restrict the placement of certain mobile cell towers.

Analysis by the Legislative Reference Bureau

This bill authorizes a political subdivision to prohibit any person from placing a new mobile service support structure within, or within 750 feet of the boundary of, a residential zoning district that is the least dense of all such districts in the political subdivision. The bill also prohibits any person from placing such a structure within, or within 200 feet of the boundary of, the next two least dense residential zoning districts in the political subdivision. The bill defines density to be the number of housing units per acre in a political subdivision.

For further information see the state and 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:

AB130,1 Section 1. 66.0404 (1) (fm) of the statutes is created to read:

AB130,1,6 66.0404 (1) (fm) “Density” means the number of housing units per acre in a political subdivision.

AB130,2 Section 2. 66.0404 (4e) of the statutes is created to read:

AB130,2,4 66.0404 (4e) Residential areas. Notwithstanding the provisions of sub. (4) (c) and (r), a political subdivision may prohibit a person from placing a new mobile service support structure within any of the following areas:

AB130,2,6 (a) Within, or not closer than 750 feet of the boundary of, the least dense residential zoning district in the political subdivision.

AB130,2,9 (b) Within, or not closer than 200 feet of the boundary of, the 2 residential zoning districts that are the 2nd and 3rd least dense residential zoning districts in the political subdivision.

AB130,3 Section 3. Initial applicability.

AB130,2,13 (1) This act first applies to an application for a building permit, or any other kind of permit, to construct a new mobile service support structure that is filed with a political subdivision on the effective date of this subsection.

AB130,2,14 (End)