AB893, s. 36
8Section
36. 87.30 (1) (b) of the statutes is amended to read:
AB893,18,209
87.30
(1) (b) All final orders, determinations or decisions made under this
10subsection shall be subject to review under ch. 227 and be effective 20 days after the
11same have been served unless such order, determination and decision specifies a
12different date upon which the same shall be effective. Such floodplain determination
13and zoning ordinance shall be of the same effect as if
adopted enacted by the county,
14city or village. Thereafter it is the duty of the county, city, village and town officials
15to administer and enforce the ordinance in the same manner as if the county, city or
16village had
adopted enacted it. Floodplain determinations and zoning ordinances so
17adopted may be modified by the county, city or village concerned only with the
18written consent of the department except that nothing in this subsection may be
19construed to prohibit a county, city, village or town from
adopting enacting a
20floodplain ordinance more restrictive than that adopted by the state.
AB893, s. 37
21Section
37. 87.30 (1) (bm) of the statutes is created to read:
AB893,19,322
87.30
(1) (bm) A town that may enact zoning ordinances under s. 60.62 may
23enact a floodplain zoning ordinance to supersede the county floodplain ordinance
24enacted or adopted under this section that is applicable to that town. An ordinance
25enacted under this paragraph shall be at least as restrictive as the county floodplain
1zoning ordinance that it supersedes and at least as restrict as any ordinance relating
2to floodplains enacted by the town before the effective date of this paragraph ....
3[revisor inserts date].
AB893, s. 38
4Section
38. 87.30 (1) (c) of the statutes is amended to read:
AB893,19,85
87.30
(1) (c) Except as provided under par. (a), the cost of such floodplain
6determination and ordinance promulgation and enforcement by the state shall be
7assessed against the county, city
or, village
or town concerned and collected in
8substantially the same manner as other taxes levied by the state.
AB893, s. 39
9Section
39. 87.30 (1m) (intro.) of the statutes is amended to read:
AB893,19,1310
87.30
(1m) Jurisdiction over drainage ditches limited. (intro.)
11Notwithstanding any other provision of law or administrative rule promulgated
12thereunder, a floodplain zoning ordinance
required
enacted or adopted under sub. (1)
13does not apply to lands adjacent to farm drainage ditches if:
AB893, s. 40
14Section
40. 87.30 (2) of the statutes is amended to read:
AB893,19,2315
87.30
(2) Enforcement and penalties. Every structure, building, fill, or
16development placed or maintained within any floodplain in violation of a zoning
17ordinance
enacted or adopted under this section, or s. 59.97,
60.62, 61.35 or 62.23 is
18a public nuisance and the creation thereof may be enjoined and maintenance thereof
19may be abated by action at suit of any municipality, the state or any citizen thereof.
20Any person who places or maintains any structure, building, fill or development
21within any floodplain in violation of a zoning ordinance
enacted or adopted under
22this section, or s. 59.97,
60.62, 61.35 or 62.23 may be fined not more than $50 for each
23offense. Each day during which such violation exists is a separate offense.
AB893, s. 41
24Section
41. 87.31 (1) of the statutes is amended to read:
AB893,20,6
187.31
(1) Department to administer; purpose. The department shall
2administer a floodplain and shoreland mapping assistance program to provide
3counties, cities
and, villages
and towns acting under s. 87.30 (1) (bm) with financial
4assistance to produce adequate topographical mapping of floodplain and shoreland
5areas and to delineate floodplain and floodway boundaries, to assist in the
6establishment and administration of floodplain and shoreland ordinances.
AB893, s. 42
7Section
42. 87.31 (4) (intro.) of the statutes is amended to read:
AB893,20,98
87.31
(4) Application. (intro.) A county, city
or, village
or town which seeks a
9mapping grant shall submit a grant application which includes:
AB893, s. 43
10Section
43. 91.73 (3) of the statutes is amended to read:
AB893,20,2011
91.73
(3) A majority of towns
that have not enacted an ordinance under s. 59.97
12(5m), in a county with a population density of 100 or more persons per square mile
, 13may reject adoption of a county exclusive agricultural use zoning ordinance under
14this subchapter for all towns within the county only by filing within 6 months after
15adoption of the ordinance by the county board certified copies of resolutions
16disapproving the ordinance with the county clerk. Notwithstanding s. 59.97 (5) (c),
17the procedure established in this subsection
and the procedure in s. 59.97 (5m) shall
18be the only
procedure procedures by which a town in
such a county
with the
19population density described in this subsection may reject the application of a county
20exclusive agricultural use zoning ordinance in that town.
AB893, s. 44
21Section
44. 144.26 (2) (c) and (e) and (2m) (intro.) of the statutes are amended
22to read:
AB893,20,2423
144.26
(2) (c) "Municipality" or "municipal" means a
county, village or city
,
24village, town or county.
AB893,21,5
1(e) "Regulation" means ordinances enacted under ss. 59.971,
60.625, 61.351,
262.23 (7) and 62.231 and refers to subdivision and zoning regulations which include
3control of uses of lands under, abutting or lying close to navigable waters for the
4purposes specified in sub. (1), pursuant to any of the zoning and subdivision control
5powers delegated by law to cities, villages
, towns and counties.
AB893,21,11
6(2m) (intro.) Notwithstanding any other provision of law or administrative
7rule, a shoreland zoning ordinance required under s. 59.971
or 60.625, a construction
8site erosion control and storm water management zoning ordinance authorized
9under s. 59.974, 60.627, 61.354 or 62.234 or a wetland zoning ordinance required
10under s. 61.351 or 62.231 does not apply to lands adjacent to farm drainage ditches
11if:
AB893, s. 45
12Section
45. 144.26 (8) of the statutes is amended to read:
AB893,21,1413
144.26
(8) This section and ss. 59.971,
60.625, 61.351 and 62.231 shall be
14construed together to accomplish the purposes and objective of this section.
AB893, s. 46
15Section
46. 144.44 (7) (f) 3. of the statutes is amended to read:
AB893,21,2316
144.44
(7) (f) 3. The department shall approve the requester's exemption
17proposal if the department finds that the proposal, as approved, will comply with this
18chapter and chs. 30, 31, 147, 160 and 162 and ss. 1.11, 23.40, 59.971, 59.974,
60.625, 1960.627, 61.351, 61.354, 62.231, 62.234 and 87.30. If the proposal does not comply
20with one or more of the requirements specified in this subdivision, the department
21shall provide a written statement describing how the proposal fails to comply with
22those requirements. The department shall respond to an application for an
23exemption under this paragraph within 90 days.
AB893, s. 47
24Section
47. 144.46 of the statutes is amended to read:
AB893,22,4
1144.46 Shoreland and floodplain zoning. Solid waste facilities are
2prohibited within areas under the jurisdiction of shoreland and floodplain zoning
3regulations adopted pursuant to ss. 59.971,
60.625, 61.351, 62.231 and 87.30, except
4that the department may issue permits authorizing facilities in such areas.
AB893, s. 48
5Section
48. 236.10 (1) (intro.) of the statutes is amended to read:
AB893,22,86
236.10
(1) (intro.)
To Subject to s. 59.97 (5m) (b), to entitle a final plat of a
7subdivision to be recorded, it shall have the approval of the following in accordance
8with the provisions of s. 236.12:
AB893, s. 49
9Section
49. 236.10 (6) of the statutes is created to read:
AB893,22,1210
236.10
(6) A plat that is located in a town that has in effect an ordinance
11rescinding its approval of a county zoning ordinance under s. 59.97 (5m) (a) is not
12subject to extraterritorial plat approval jurisdiction.