66.03(10)
(10) State trust fund loans. When territory transferred in any manner provided by law from one municipality to another is liable for state trust fund loans secured under
subch. II of ch. 24, the clerk of the municipality to which territory is transferred shall within 30 days of the effective date of such transfer certify a metes and bounds description of the transferred area to the clerk of the municipality from which the land was transferred. Thereupon, the clerk of the municipality from which such territory was transferred shall certify to the board of commissioners of public lands:
66.03(10)(a)(a) the effective date of such transfer of territory; (b) the last preceding assessed valuation of the territory liable for state trust fund loans prior to transfer of a part of such territory; (c) the assessed valuation of the territory so transferred. Thereafter, the board shall in making its annual certifications of the amounts due on account of state trust fund loans distribute annual charges for interest and principal on any such outstanding loans in the proportion that the assessed valuation of the territory so transferred shall bear to the assessed valuation of the area liable for state trust fund loans as constituted immediately before the transfer of territory, provided, however, that any transfer of territory effective subsequent to January 1 of any year shall not be considered until the succeeding year.
66.03(10a)
(10a) Corrections. The provisions of
sub. (10) are applicable to school districts. Any errors, omissions or other defects in the tax certifications and levies in connection with the repayment of state trust fund loans by school districts for the year 1950 and all subsequent years may be corrected by the school district clerk in the tax levy certifications for following years.
66.03(11)(a)(a) Whenever a transfer of territory from one school district to another results in a change in the name of a school district which is liable for one or more state trust fund loans secured under
subch. II of ch. 24, the clerk of the school district to which the territory was transferred shall, within 30 days of the effective date of such transfer, certify to the board of commissioners of public lands and the county clerk:
66.03(11)(a)1.
1. The name of the school district from which territory was transferred;
66.03(11)(a)3.
3. The name of the school district to which the transfer was made immediately prior to the effective date of the transfer;
66.03(11)(a)4.
4. The name of the school district to which the transfer was made immediately after the effective date of such transfer.
66.03(11)(b)
(b) Thereafter, in making their annual certifications of the amounts due on account of state trust fund loans the board of commissioners of public lands shall use the new name of the school district, provided that any transfer of territory effective subsequent to January 1 of any year shall not be considered by it until the succeeding year.
66.03(12)
(12) Time of transfer. When the governmental classification of a school district is changed, all of the assets and liabilities and the title to all school property shall vest in the new district by operation of law upon the effective date of the change.
66.03(13)(a)1.1. Subject to
subd. 2., if any territory is annexed, detached or incorporated in any year, general property taxes levied against the territory shall be collected by the treasurer of the municipality in which the territory was located on January 1 of such year, and all moneys collected from the tax levied for local municipal purposes shall be allocated to each of the municipalities on the basis of the portion of the calendar year the territory was located in each of the municipalities, and paid accordingly.
66.03(13)(a)2.
2. If a city or village is incorporated after January 1 and before April 1, the procedures described in
subd. 1. shall be applied as if the city or village was incorporated on January 1 of the year in which it was incorporated and the territory shall be treated for purposes of
ch. 70 as if the incorporation had occurred on January 1.
66.03(13)(aa)
(aa)
Apportionment when town is nonexistent. If the town in which territory was located on January 1 is nonexistent when the city or village determines its budget, any taxes certified to the town or required by law to be levied against such territory shall be included in the budget of the city or village and levied against such territory, together with the city or village tax for local municipal purposes.
66.03(13)(b)
(b)
Special taxes and assessments. Whenever territory is transferred from one municipality to another by annexation, detachment, consolidation or incorporation, or returns to its former status by reason of court determination, any special tax or assessment outstanding against any property in the territory shall be collected by the treasurer of the municipality wherein the property is located, according to the terms of the ordinance or resolution levying such tax or assessment. Such special tax or assessment, when collected, shall be paid to the treasurer of the municipality which levied the special tax or assessment, or if the municipality is nonexistent, the collecting treasurer shall apply the collected funds to any obligation for which purpose the tax or assessment was levied and which remains outstanding; provided that if no such obligation is outstanding, the collected funds shall be paid into the school fund of the school district in which the territory is located.
66.03(13)(bb)
(bb)
Apportionment when court returns territory to former status. Whenever territory which has been annexed, consolidated, detached or incorporated returns to its former status by reason of a final court determination, there shall be an apportionment of general property taxes and current aids and shared revenues to adjust such assets between the municipalities, and no other apportionment of assets and liabilities. The basis of the apportionment shall be determined by the apportionment board subject to appeal to the circuit court, but the apportionment shall insofar as practicable equitably adjust such assets between the municipalities involved on the basis of the portion of the calendar year the territory was located in the respective municipalities.
66.03(13)(c)
(c)
Certification by clerk. The clerk of the municipality which assessed such special and general tax and special assessment shall certify to the clerk of the municipality to which the territory was attached or returned, a list of all the property located therein to which is charged any uncollected taxes and assessments. The certification shall be made within 30 days after the effective date of the transfer of the property, but failure to so certify shall not affect the validity of the claim.
66.03 History
History: 1971 c. 125 s.
521;
1971 c. 154;
1973 c. 90;
1975 c. 41;
1977 c. 29 ss.
699,
700,
1646 (3),
1648 (1),
1654 (2), (8) (c);
1981 c. 169;
1985 a. 29;
1985 a. 225 ss.
32 to
38,
100;
1987 a. 399;
1989 a. 31;
1991 a. 39,
316;
1993 a. 399;
1995 a. 27 ss.
3313,
3314,
9145 (1);
1995 a. 216,
225.
66.03 Annotation
Method of division of assets and liabilities set forth is exclusive. Sheboygan v. Sheboygan Sanit. Dist., 145 W (2d) 424, 427 NW (2d) 390 (Ct. App. 1988).
66.03 Annotation
Sewerage systems are not public utilities valued by the public service commission under sub. (4). Town of Beloit v. Public Service Commission, 180 W (2d) 610, 510 NW (2d) 140 (Ct. App. 1993).
66.031
66.031
Regulation of solar and wind energy systems. No county, city, town or village may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in
s. 13.48 (2) (h) 1. g., or a wind energy system, as defined in
s. 66.032 (1) (m), unless the restriction satisfies one of the following conditions:
66.031(1)
(1) Serves to preserve or protect the public health or safety.
66.031(2)
(2) Does not significantly increase the cost of the system or significantly decrease its efficiency.
66.031(3)
(3) Allows for an alternative system of comparable cost and efficiency.
66.032
66.032
Solar and wind access permits. 66.032(1)(a)
(a) "Agency" means the governing body of a municipality which has provided for granting a permit or the agency which the governing body of a municipality creates or designates under
sub. (2). "Agency" includes an officer or employe of the municipality.
66.032(1)(b)
(b) "Applicant" means an owner applying for a permit under this section.
66.032(1)(c)
(c) "Application" means an application for a permit under this section.
66.032(1)(d)
(d) "Collector surface" means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. "Collector surface" does not include frames, supports and mounting hardware.
66.032(1)(e)
(e) "Collector use period" means 9 a.m. to 3 p.m. standard time daily.
66.032(1)(f)
(f) "Impermissible interference" means the blockage of wind from a wind energy system or solar energy from a collector surface or proposed collector surface for which a permit has been granted under this section during a collector use period if such blockage is by any structure or vegetation on property, an owner of which was notified under
sub. (3) (b). "Impermissible interference" does not include:
66.032(1)(f)1.
1. Blockage by a narrow protrusion, including but not limited to a pole or wire, which does not substantially interfere with absorption of solar energy by a solar collector or does not substantially block wind from a wind energy system.
66.032(1)(f)2.
2. Blockage by any structure constructed, under construction or for which a building permit has been applied for before the date the last notice is mailed or delivered under
sub. (3) (b).
66.032(1)(f)3.
3. Blockage by any vegetation planted before the date the last notice is mailed or delivered under
sub. (3) (b) unless a municipality by ordinance under
sub. (2) defines impermissible interference to include such vegetation.
66.032(1)(g)
(g) "Municipality" means any county with a zoning ordinance under
s. 59.69, any town with a zoning ordinance under
s. 60.61, any city with a zoning ordinance under
s. 62.23 (7), any 1st class city or any village with a zoning ordinance under
s. 61.35.
66.032(1)(h)
(h) "Owner" means at least one owner, as defined under
s. 66.021 (1) (b), of a property or the personal representative of at least one owner.
66.032(1)(i)
(i) "Permit" means a solar access permit or a wind access permit issued under this section.
66.032(1)(j)
(j) "Solar collector" means a device, structure or a part of a device or structure a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy.
66.032(1)(k)
(k) "Solar energy" means direct radiant energy received from the sun.
66.032(1)(L)
(L) "Standard time" means the solar time of the ninetieth meridian west of Greenwich.
66.032(1)(m)
(m) "Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy.
66.032(2)
(2) Permit procedure. The governing body of every municipality may provide for granting a permit. A permit may not affect any land except land which, at the time the permit is granted, is within the territorial limits of the municipality or is subject to an extraterritorial zoning ordinance adopted under
s. 62.23 (7a), except that a permit issued by a city or village may not affect extraterritorial land subject to a zoning ordinance adopted by a county or a town. The governing body may appoint itself as the agency to process applications or may create or designate another agency to grant permits. The governing body may provide by ordinance that a fee be charged to cover the costs of processing applications. The governing body may adopt an ordinance with any provision it deems necessary for granting a permit under this section, including but not limited to:
66.032(2)(b)
(b) Defining an impermissible interference to include vegetation planted before the date the last notice is mailed or delivered under
sub. (3) (b), provided that the permit holder shall be responsible for the cost of trimming such vegetation.
66.032(3)(a)(a) In a municipality which provides for granting a permit under this section, an owner who has installed or intends to install a solar collector or wind energy system may apply to an agency for a permit.
66.032(3)(b)
(b) An agency shall determine if an application is satisfactorily completed and shall notify the applicant of its determination. If an applicant receives notice that an application has been satisfactorily completed, the applicant shall deliver by certified mail or by hand a notice to the owner of any property which the applicant proposes to be restricted by the permit under
sub. (7). The applicant shall submit to the agency a copy of a signed receipt for every notice delivered under this paragraph. The agency shall supply the notice form. The information on the form may include, without limitation because of enumeration:
66.032(3)(b)1.
1. The name and address of the applicant, and the address of the land upon which the solar collector or wind energy system is or will be located.
66.032(3)(b)2.
2. That an application has been filed by the applicant.
66.032(3)(b)3.
3. That the permit, if granted, may affect the rights of the notified owner to develop his or her property and to plant vegetation.
66.032(3)(b)4.
4. The telephone number, address and office hours of the agency.
66.032(3)(b)5.
5. That any person may request a hearing under
sub. (4) within 30 days after receipt of the notice, and the address and procedure for filing the request.
66.032(4)
(4) Hearing. Within 30 days after receipt of the notice under
sub. (3) (b), any person who has received a notice may file a request for a hearing on the granting of a permit or the agency may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the agency determines that a hearing is necessary, the agency shall conduct a hearing on the application within 90 days after the last notice is delivered. At least 30 days prior to the hearing date, the agency shall notify the applicant, all owners notified under
sub. (3) (b) and any other person filing a request of the time and place of the hearing.
66.032(5)(a)(a) The agency shall grant a permit if the agency determines that:
66.032(5)(a)1.
1. The granting of a permit will not unreasonably interfere with the orderly land use and development plans of the municipality;
66.032(5)(a)2.
2. No person has demonstrated that she or he has present plans to build a structure that would create an impermissible interference by showing that she or he has applied for a building permit prior to receipt of a notice under
sub. (3) (b), has expended at least $500 on planning or designing such a structure or by submitting any other credible evidence that she or he has made substantial progress toward planning or constructing a structure that would create an impermissible interference; and
66.032(5)(a)3.
3. The benefits to the applicant and the public will exceed any burdens.
66.032(5)(b)
(b) An agency may grant a permit subject to any condition or exemption the agency deems necessary to minimize the possibility that the future development of nearby property will create an impermissible interference or to minimize any other burden on any person affected by granting the permit. Such conditions or exemptions may include but are not limited to restrictions on the location of the solar collector or wind energy system and requirements for the compensation of persons affected by the granting of the permit.
66.032(6)
(6) Record of permit. If an agency grants a permit:
66.032(6)(a)
(a) The agency shall specify the property restricted by the permit under
sub. (7) and shall prepare notice of the granting of the permit. The notice shall include the identification required under
s. 706.05 (2) (c) for the owner and the property upon which the solar collector or wind energy system is or will be located and for any owner and property restricted by the permit under
sub. (7), and shall indicate that the property may not be developed and vegetation may not be planted on the property so as to create an impermissible interference with the solar collector or wind energy system which is the subject of the permit unless the permit affecting the property is terminated under
sub. (9) or unless an agreement affecting the property is filed under
sub. (10).
66.032(6)(b)
(b) The applicant shall record with the register of deeds of the county in which the property is located the notice under
par. (a) for each property specified under
par. (a) and for the property upon which the solar collector or wind energy system is or will be located.
66.032(7)
(7) Remedies for impermissible interference. 66.032(7)(a)(a) Any person who uses property which he or she owns or permits any other person to use the property in a way which creates an impermissible interference under a permit which has been granted or which is the subject of an application shall be liable to the permit holder or applicant for damages, except as provided under
par. (b), for any loss due to the impermissible interference, court costs and reasonable attorney fees unless:
66.032(7)(a)1.
1. The building permit was applied for prior to receipt of a notice under
sub. (3) (b) or the agency determines not to grant a permit after a hearing under
sub. (4).
66.032(7)(b)
(b) A permit holder is entitled to an injunction to require the trimming of any vegetation which creates or would create an impermissible interference as defined under
sub. (1) (f). If the court finds on behalf of the permit holder, the permit holder shall be entitled to a permanent injunction, damages, court costs and reasonable attorney fees.
66.032(8)
(8) Appeals. Any person aggrieved by a determination by a municipality under this section may appeal the determination to the circuit court for a review.
66.032(9)
(9) Termination of solar or wind access rights. 66.032(9)(a)(a) Any right protected by a permit under this section shall terminate if the agency determines that the solar collector or wind energy system which is the subject of the permit is:
66.032(9)(a)1.
1. Permanently removed or is not used for 2 consecutive years, excluding time spent on repairs or improvements.
66.032(9)(a)2.
2. Not installed and functioning within 2 years after the date of issuance of the permit.
66.032(9)(b)
(b) The agency shall give the permit holder written notice and an opportunity for a hearing on a proposed termination under
par. (a).
66.032(9)(c)
(c) If the agency terminates a permit, the agency may charge the permit holder for the cost of recording and record a notice of termination with the register of deeds, who shall record the notice with the notice recorded under
sub. (6) (b) or indicate on any notice recorded under
sub. (6) (b) that the permit has been terminated.
66.032(10)
(10) Waiver. A permit holder by written agreement may waive all or part of any right protected by a permit. A copy of such agreement shall be recorded with the register of deeds, who shall record such copy with the notice recorded under
sub. (6) (b).
66.032(11)
(11) Preservation of rights. The transfer of title to any property shall not change the rights and duties under this section or under an ordinance adopted under
sub. (2).
66.032(12)(a)(a) This section may not be construed to require that an owner obtain a permit prior to installing a solar collector or wind energy system.
66.032(12)(b)
(b) This section may not be construed to mean that acquisition of a renewable energy resource easement under
s. 700.35 is in any way contingent upon the granting of a permit under this section.
66.032 Annotation
Common law right to solar access discussed. Prah v. Maretti, 108 W (2d) 223, 321 NW (2d) 182 (1982).
66.032 Annotation
Wisconsin recognizes the power of the sun: Prah v. Maretti and the solar access act. 1983 WLR 1263.
66.033
66.033
Municipal control of vegetation blocking solar or wind energy systems. Any county, city, village or town may provide by ordinance for the trimming of vegetation which blocks solar energy, as defined in
s. 66.032 (1) (k), from a collector surface, as defined under
s. 700.41 (2) (b) or which block wind from a wind energy system, as defined in
s. 66.032 (1) (m). The ordinance may include, but is not limited to, a designation of responsibility for the costs of the trimming. The ordinance may not require the trimming of vegetation that was planted by the owner or occupant of the property on which the vegetation is located before the installation of the solar or wind energy system.
