LRB-5669/1
MGG:mkd&skg:jlb
1995 - 1996 LEGISLATURE
March 27, 1996 - Introduced by Senator Burke, cosponsored by Representative
Black. Referred to Committee on Environment and Energy.
SB663,1,6
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
6wetlands.
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
interdependent 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
located 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
contiguous 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:
SB663, s. 1
1Section
1. 23.32 (1) of the statutes is renumbered 23.32 (1) (intro.) and
2amended to read:
SB663,2,33
23.32
(1) (intro.) In this section
"wetland" :
SB663,2,6
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.
SB663, s. 2
7Section
2. 23.32 (1) (ag) of the statutes is created to read:
SB663,2,118
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
11wetland and that has interdependent functions with the other wetland.
SB663, s. 3
12Section
3. 23.32 (2) (a) of the statutes is amended to read:
SB663,2,1713
23.32
(2) (a) For the purpose of advancing the conservation of wetland
14resources the department shall prepare or cause to be prepared maps that, at a
15minimum, identify as accurately as is practicable the individual wetlands in the
16state which have an area of
5 2 acres or more
and any contiguous wetlands to those
17wetlands.
SB663, s. 4
18Section
4. 23.32 (2) (b) of the statutes is amended to read:
SB663,3,219
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
2having mapping, aerial photography and comprehensive planning responsibilities.
SB663, s. 5
3Section
5. 61.351 (1) (a) of the statutes is renumbered 61.351 (1) (ar) and
4amended to read:
SB663,3,55
61.351
(1) (ar) "Shorelands" has the meaning specified under s. 59.971 (1)
(b).
SB663, s. 6
6Section
6. 61.351 (1) (ag) of the statutes is created to read:
SB663,3,77
61.351
(1) (ag) "Contiguous wetland" has the meaning given in s. 23.32 (1) (ag).
SB663, s. 7
8Section
7. 61.351 (1) (am) of the statutes is created to read:
SB663,3,99
61.351
(1) (am) "Department" means the department of natural resources.
SB663, s. 8
10Section
8. 61.351 (1) (b) of the statutes is amended to read:
SB663,3,1211
61.351
(1) (b)
"Wetlands" "
Wetland" has the meaning specified under s. 23.32
12(1)
(b).
SB663, s. 9
13Section
9. 61.351 (2) of the statutes is amended to read:
SB663,3,1714
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
16resources in a manner which affects their characteristics as wetlands are filled
17wetlands and not subject to an ordinance adopted under this section.
SB663, s. 10
18Section
10. 61.351 (3) of the statutes is amended to read:
SB663,4,219
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
21ordinance
all any unfilled
wetlands wetland of
5 2 acres or more
which are and any
22contiguous wetland to that wetland that is shown on the final wetland inventory
23maps prepared by the department
of natural resources for the village under s. 23.32,
24which are that is located in any shorelands and
which are that is within its
1incorporated area. A village may zone by ordinance any unfilled wetlands which are
2within its incorporated area at any time.
SB663, s. 11
3Section
11. 61.351 (6) of the statutes is amended to read:
SB663,4,124
61.351
(6) Failure to adopt ordinance. If any village does not adopt an
5ordinance required under sub. (3) within 6 months after receipt of final wetland
6inventory maps prepared by the department
of natural resources for the village
7under s. 23.32, or if the department
of natural resources, after notice and hearing,
8determines that a village adopted an ordinance which fails to meet reasonable
9minimum standards in accomplishing the shoreland protection objectives of s.
10144.26 (1), the department
of natural resources shall adopt an ordinance for the
11village. As far as applicable, the procedures set forth in s. 87.30 apply to this
12subsection.
SB663, s. 12
13Section
12. 62.231 (1) (a) of the statutes is renumbered 62.231 (1) (ar) and
14amended to read:
SB663,4,1515
62.231
(1) (ar) "Shorelands" has the meaning specified under s. 59.971 (1)
(b).
SB663, s. 13
16Section
13. 62.231 (1) (ag) of the statutes is created to read:
SB663,4,1717
62.231
(1) (ag) "Contiguous wetland" has the meaning given in s. 23.32 (1) (ag).
SB663, s. 14
18Section
14. 62.231 (1) (am) of the statutes is created to read:
SB663,4,1919
62.231
(1) (am) "Department" means the department of natural resources.
SB663, s. 15
20Section
15. 62.231 (1) (b) of the statutes is amended to read:
SB663,4,2221
62.231
(1) (b)
"Wetlands" "
Wetland" has the meaning specified under s. 23.32
22(1)
(b).
SB663, s. 16
23Section
16. 62.231 (2) of the statutes is amended to read:
SB663,5,224
62.231
(2) Filled wetlands. Any wetlands which are filled prior to the date
25on 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
2wetlands and not subject to an ordinance adopted under this section.
SB663, s. 17
3Section
17. 62.231 (3) of the statutes is amended to read:
SB663,5,114
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
6ordinance
all any unfilled
wetlands wetland of
5 2 acres or more
which are and any
7contiguous wetland to that wetland that is shown on the final wetland inventory
8maps prepared by the department
of natural resources for the village under s. 23.32,
9which are that is located in any shorelands and
which are that is within its
10incorporated area. A village may zone by ordinance any unfilled wetlands which are
11within its incorporated area at any time.
SB663, s. 18
12Section
18. 62.231 (6) of the statutes is amended to read:
SB663,5,2113
62.231
(6) Failure to adopt ordinance. If any village does not adopt an
14ordinance required under sub. (3) within 6 months after receipt of final wetland
15inventory maps prepared by the department
of natural resources for the village
16under s. 23.32, or if the department
of natural resources, after notice and hearing,
17determines that a village adopted an ordinance which fails to meet reasonable
18minimum standards in accomplishing the shoreland protection objectives of s.
19144.26 (1), the department
of natural resources shall adopt an ordinance for the
20village. As far as applicable, the procedures set forth in s. 87.30 apply to this
21subsection.
SB663, s. 19
22Section
19. 144.254 (3) (b) 2. of the statutes is amended to read:
SB663,5,2423
144.254
(3) (b) 2. The restoration of a wetland, as defined in s. 23.32 (1)
(b), if
24the restoration will protect or improve a lake's water quality or its natural ecosystem.