LRB-0061/1
MGG:skg:kat
1995 - 1996 LEGISLATURE
March 21, 1996 - Introduced by Representative Black, cosponsored by Senator
Burke. Referred to Committee on Natural Resources.
AB1064,1,6
1An Act to renumber and amend 23.32 (1), 61.351 (1) (a) and 62.231 (1) (a);
to
2amend 23.32 (2) (a), 23.32 (2) (b), 61.351 (1) (b), 61.351 (2), 61.351 (3), 61.351
3(6), 62.231 (1) (b), 62.231 (2), 62.231 (3), 62.231 (6) and 144.254 (3) (b) 2.; and
4to create 23.32 (1) (ag), 61.351 (1) (ag), 61.351 (1) (am), 62.231 (1) (ag) and
562.231 (1) (am) of the statutes;
relating to: mapping and zoning of certain wet
6lands.
Analysis by the Legislative Reference Bureau
Currently, the department of natural resources (DNR) is required to map all
wetlands in the state that have an area of 5 acres or more. This bill requires that
DNR map all wetlands in the state that have an area of 2 acres or more. The bill also
requires that DNR map those wetlands that are contiguous to wetlands that are over
2 acres in area. The bill defines a contiguous wetland to be a wetland that is less than
2 acres in area, that is located in a shoreland, that is bordering or adjacent to another
wetland, that is in the same wetland system as the other wetland and that has inter
dependent functions with the other wetland. Current law defines "shorelands" as
lands within certain distances of navigable waters.
Under current law, villages and cities must enact specific zoning ordinances to
regulate activities in wetlands that have an area of 5 acres or more and that are lo
cated in shorelands. The bill expands the wetland zoning requirement for cities and
villages to cover wetlands that have an area of 2 acres or more and to cover the contig
uous wetlands to those wetlands.
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:
AB1064, s. 1
1Section
1. 23.32 (1) of the statutes is renumbered 23.32 (1) (intro.) and
2amended to read:
AB1064,2,33
23.32
(1) (intro.) In this section
"wetland" :
AB1064,2,6
4(b) "Wetland" means an area where water is at, near, or above the land surface
5long enough to be capable of supporting aquatic or hydrophytic vegetation and which
6has soils indicative of wet conditions.
AB1064, s. 2
7Section
2. 23.32 (1) (ag) of the statutes is created to read:
AB1064,2,118
23.32
(1) (ag) "Contiguous wetland" means a wetland that is less than 2 acres
9in area, that is located in a shoreland, as defined in s. 59.971 (1) (b), that is bordering
10or adjacent to another wetland, that is in the same wetland system as the other wet
11land and that has interdependent functions with the other wetland.
AB1064, s. 3
12Section
3. 23.32 (2) (a) of the statutes is amended to read:
AB1064,2,1713
23.32
(2) (a) For the purpose of advancing the conservation of wetland re
14sources the department shall prepare or cause to be prepared maps that, at a mini
15mum, identify as accurately as is practicable the individual wetlands in the state
16which have an area of
5 2 acres or more
and any contiguous wetlands to those wet
17lands.
AB1064, s. 4
18Section
4. 23.32 (2) (b) of the statutes is amended to read:
AB1064,3,219
23.32
(2) (b) Mapping priorities, technical methods and standards to be used
20in delineating wetlands
and a long-term schedule which will result in completion of
21the mapping effort at the earliest possible date, but not later than July 1, 1984, shall
1be developed by the department in cooperation with those other state agencies hav
2ing mapping, aerial photography and comprehensive planning responsibilities.
AB1064, s. 5
3Section
5. 61.351 (1) (a) of the statutes is renumbered 61.351 (1) (ar) and
4amended to read:
AB1064,3,55
61.351
(1) (ar) "Shorelands" has the meaning specified under s. 59.971 (1)
(b).
AB1064, s. 6
6Section
6. 61.351 (1) (ag) of the statutes is created to read:
AB1064,3,77
61.351
(1) (ag) "Contiguous wetland" has the meaning given in s. 23.32 (1) (ag).
AB1064, s. 7
8Section
7. 61.351 (1) (am) of the statutes is created to read:
AB1064,3,99
61.351
(1) (am) "Department" means the department of natural resources.
AB1064, s. 8
10Section
8. 61.351 (1) (b) of the statutes is amended to read:
AB1064,3,1211
61.351
(1) (b)
"Wetlands" "
Wetland" has the meaning specified under s. 23.32
12(1)
(b).
AB1064, s. 9
13Section
9. 61.351 (2) of the statutes is amended to read:
AB1064,3,1714
61.351
(2) Filled wetlands. Any wetlands which are filled prior to the date
15on which a village receives a final wetlands map from the department
of natural re
16sources in a manner which affects their characteristics as wetlands are filled wet
17lands and not subject to an ordinance adopted under this section.
AB1064, s. 10
18Section
10. 61.351 (3) of the statutes is amended to read:
AB1064,4,219
61.351
(3) Adoption of ordinance. To effect the purposes of s. 144.26 and to
20promote the public health, safety and general welfare, each village shall zone by ordi
21nance
all any unfilled
wetlands wetland of
5 2 acres or more
which are and any con
22tiguous wetland to that wetland that is shown on the final wetland inventory maps
23prepared by the department
of natural resources for the village under s. 23.32,
which
24are that is located in any shorelands and
which are that is within its incorporated
1area. A village may zone by ordinance any unfilled wetlands which are within its
2incorporated area at any time.
AB1064, s. 11
3Section
11. 61.351 (6) of the statutes is amended to read:
AB1064,4,114
61.351
(6) Failure to adopt ordinance. If any village does not adopt an ordi
5nance required under sub. (3) within 6 months after receipt of final wetland invento
6ry maps prepared by the department
of natural resources for the village under s.
723.32, or if the department
of natural resources, after notice and hearing, determines
8that a village adopted an ordinance which fails to meet reasonable minimum stan
9dards in accomplishing the shoreland protection objectives of s. 144.26 (1), the de
10partment
of natural resources shall adopt an ordinance for the village. As far as ap
11plicable, the procedures set forth in s. 87.30 apply to this subsection.
AB1064, s. 12
12Section
12. 62.231 (1) (a) of the statutes is renumbered 62.231 (1) (ar) and
13amended to read:
AB1064,4,1414
62.231
(1) (ar) "Shorelands" has the meaning specified under s. 59.971 (1)
(b).
AB1064, s. 13
15Section
13. 62.231 (1) (ag) of the statutes is created to read:
AB1064,4,1616
62.231
(1) (ag) "Contiguous wetland" has the meaning given in s. 23.32 (1) (ag).
AB1064, s. 14
17Section
14. 62.231 (1) (am) of the statutes is created to read:
AB1064,4,1818
62.231
(1) (am) "Department" means the department of natural resources.
AB1064, s. 15
19Section
15. 62.231 (1) (b) of the statutes is amended to read:
AB1064,4,2120
62.231
(1) (b)
"Wetlands" "
Wetland" has the meaning specified under s. 23.32
21(1)
(b).
AB1064, s. 16
22Section
16. 62.231 (2) of the statutes is amended to read:
AB1064,5,223
62.231
(2) Filled wetlands. Any wetlands which are filled prior to the date
24on which a village receives a final wetlands map from the department
of natural
1resources in a manner which affects their characteristics as wetlands are filled wet
2lands and not subject to an ordinance adopted under this section.
AB1064, s. 17
3Section
17. 62.231 (3) of the statutes is amended to read:
AB1064,5,114
62.231
(3) Adoption of ordinance. To effect the purposes of s. 144.26 and to
5promote the public health, safety and general welfare, each village shall zone by ordi
6nance
all any unfilled
wetlands wetland of
5 2 acres or more
which are and any con
7tiguous wetland to that wetland that is shown on the final wetland inventory maps
8prepared by the department
of natural resources for the village under s. 23.32,
which
9are that is located in any shorelands and
which are that is within its incorporated
10area. A village may zone by ordinance any unfilled wetlands which are within its
11incorporated area at any time.
AB1064, s. 18
12Section
18. 62.231 (6) of the statutes is amended to read:
AB1064,5,2013
62.231
(6) Failure to adopt ordinance. If any village does not adopt an ordi
14nance required under sub. (3) within 6 months after receipt of final wetland invento
15ry maps prepared by the department
of natural resources for the village under s.
1623.32, or if the department
of natural resources, after notice and hearing, determines
17that a village adopted an ordinance which fails to meet reasonable minimum stan
18dards in accomplishing the shoreland protection objectives of s. 144.26 (1), the de
19partment
of natural resources shall adopt an ordinance for the village. As far as ap
20plicable, the procedures set forth in s. 87.30 apply to this subsection.
AB1064, s. 19
21Section
19. 144.254 (3) (b) 2. of the statutes is amended to read:
AB1064,5,2322
144.254
(3) (b) 2. The restoration of a wetland, as defined in s. 23.32 (1)
(b), if
23the restoration will protect or improve a lake's water quality or its natural ecosystem.
