LRB-3382/1
PG/MES/DAK/JK:kmg:kjf
1999 - 2000 LEGISLATURE
February 8, 2000 - Introduced by
Joint Legislative Council. Referred to
Economic Development, Housing and Government Operations.
SB371,1,10
1An Act to renumber 101.121 (4) (a);
to renumber and amend 101.63 (1) and
2254.61 (1) (f);
to consolidate, renumber and amend 66.05 (10) (a) and (b);
to
3amend 59.69 (4m), 60.64, 62.23 (7) (em), 66.05 (1m) (a), 66.05 (3), 66.05 (9) (c),
471.07 (9m) (c), 71.28 (6) (c), 71.47 (6) (c), 101.05 (2), 101.122 (4) (b) 1., 101.19 (1)
5(intro.), 101.63 (1m) and 823.21; and
to create 20.245 (3) (f), 44.46, 66.038,
671.21 (6), 101.121 (3) (c), 101.121 (4) (a) 2., 101.121 (5), 101.121 (7), 101.132
7(1m), 101.132 (2) (b) 3m., 101.19 (1m), 101.63 (1) (a) and (b), 101.975 (4) and
8254.61 (1) (f) 2. of the statutes;
relating to: regulation of historic buildings, the
9historic building code, requiring a liberal interpretation of local regulations
10applicable to historic buildings and structures and making appropriations.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the joint legislative council in
the bill.
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:
Prefatory note: This bill was prepared for the joint legislative council's special
committee on the historic building code. The bill has the following key provisions:
Historic Building Code
Requires the department of commerce, in cooperation with the state historical
society, to develop a pamphlet to inform owners of historic buildings about the scope and
applicability of the historic building code.
Requires the department of commerce to interpret the historic building code
liberally to facilitate the preservation and restoration of historic buildings.
Creates a process for the department of commerce to review decisions by local
governments regarding compliance with a local ordinance or regulation, to determine if
the local ordinance or regulation is in conflict with the historic building code. Also, this
bill provides an informal process for the state historical society to review decisions of the
department of commerce and local units of government regarding historic buildings and
to negotiate possible changes in those decisions.
Allows local governments by ordinance to establish alternate standards for
handrails and guardrails of historic buildings that are converted from single-family to
multi-family use.
Requires the department of commerce to waive plan review and inspection fees for
a preservation or restoration project affecting a building that is more than 100 years old
and is listed or eligible for listing on the national or state register of historic places.
Other Structural Regulations
Modifies the current bed and breakfast statutes to allow structural additions, in
buildings at least 50 years old, that would otherwise be prohibited by current statutes.
Requires consistency under state law with current federal law for certain housing
accessibility requirements for physically disabled persons in certain historic buildings.
Requires local units of government to interpret liberally the local regulations that
apply to historic structures in order to facilitate the preservation and restoration of
historic buildings and structures.
Demolition of Historic Buildings
Provides that a municipal order to raze a historic building may be appealed by
representatives of a local historical society or by the owner of a historic building that is
within 200 yards of the building subject to the order.
Requires additional notice and the opportunity to request a public hearing with
respect to municipal orders, permits or actions to raze historic buildings or buildings that
are more than 50 years old.
Income Tax Credits for Historic Buildings
Makes the state income tax credit that supplements the federal income tax credit
for renovation of historic buildings available earlier in the renovation process, by making
it available when the state historic preservation officer approves the application, rather
than upon final approval by the U.S. secretary of the interior.
Allows partners who share in the costs of renovating historic buildings to allocate
among themselves the state supplemental income tax credit for the renovation costs.
Rural Historic Preservation
Requests a joint legislative council study, commencing in 2000, of methods to
promote rural historic preservation.
Creates a grant program for the costs of renovating historic agricultural buildings
or structures, with a 50% match requirement, funded in the amount of $75,000 in each
year of the biennium, to be administered by the state historical society.
Makes an appropriation to the state historical society for the purpose of entering
into a contract to conduct a survey to identify and document historic properties in rural
areas.
For further information regarding the provisions in this bill, see the notes
throughout the bill.
SB371, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB371, s. 2
3Section
2. 20.245 (3) (f) of the statutes is created to read:
SB371,3,54
20.245
(3) (f)
Historic agricultural building grant program. The amounts in
5the schedule for the historic agricultural building grant program under s. 44.46.
SB371, s. 3
6Section
3. 44.46 of the statutes is created to read:
SB371,3,10
744.46 Historic agricultural building grant program.
(1) In this section,
8"historic agricultural building" means any building or structure that is designed for
9agricultural purposes and that is significant in the history, architecture or culture
10of this state.
SB371,4,2
11(2) From the appropriation under s. 20.245 (3) (f), the historical society shall
12award grants to owners of historic agricultural buildings to assist in the restoration
13of the buildings. To receive a grant, the owner shall match the amount of the grant,
14shall agree to use the total amount of funds to restore the historic agricultural
1building and shall agree to use the restored historic agricultural building in a
2manner consistent with the public policy expressed in s. 44.30.
Note: Under current law, the state historical society is assigned numerous
responsibilities related to the preservation of historic and archeological resources in this
state.
This bill creates a historic agricultural building grant program to be administered
by the state historical society. Under the program, the state historical society is required
to award grants to owners of historic agricultural buildings to fund the restoration of such
buildings. Each grantee is required to make a matching contribution equalling the
amount of the grant and to agree to use the restored building in a manner that is
consistent with the state public policy on historic preservation.
The "public policy expressed in s. 44.30", as referenced in the new grant program,
is as follows:
"The legislature finds that the historic, architectural, archaeological and cultural
heritage of the state is among the most important assets of the state and furthermore that
the social, economic and physical development of contemporary society threatens to
destroy the remaining vestiges of this heritage. It is therefore declared to be the public
policy and in the public interest of this state to engage in a comprehensive program of
historic preservation to promote the use and conservation of such property representative
of both the rural and urban heritage of the state for education, inspiration, pleasure and
enrichment of the citizens of this state.".
SB371, s. 4
3Section
4. 59.69 (4m) of the statutes is amended to read:
SB371,4,144
59.69
(4m) Historic preservation. A county, as an exercise of its zoning and
5police powers for the purpose of promoting the health, safety and general welfare of
6the community and of the state, may regulate by ordinance any place, structure or
7object with a special character, historic interest, aesthetic interest or other
8significant value, for the purpose of preserving the place, structure or object and its
9significant characteristics. The county may create a landmarks commission to
10designate historic landmarks and establish historic districts. The county may
11regulate all historic landmarks and all property within each historic district to
12preserve the historic landmarks and property within the district and the character
13of the district
, and shall interpret the county's regulations liberally to facilitate the
14preservation and restoration of historic buildings and structures.
Note: This provision requires a county to interpret liberally its regulations that
apply to historic structures in order to facilitate the preservation and restoration of
historic buildings and structures.
SB371, s. 5
1Section
5. 60.64 of the statutes is amended to read:
SB371,5,12
260.64 Historic preservation. The town board, in the exercise of its zoning
3and police powers for the purpose of promoting the health, safety and general welfare
4of the community and of the state, may regulate any place, structure or object with
5a special character, historic interest, aesthetic interest or other significant value for
6the purpose of preserving the place, structure or object and its significant
7characteristics. The town board may create a landmarks commission to designate
8historic landmarks and establish historic districts. The board may regulate all
9historic landmarks and all property within each historic district to preserve the
10historic landmarks and property within the district and the character of the district
,
11and shall interpret the board's regulations liberally to facilitate the preservation and
12restoration of historic buildings and structures.
Note: This provision requires a town board to interpret liberally its regulations
that apply to historic structures in order to facilitate the preservation and restoration of
historic buildings and structures.
SB371, s. 6
13Section
6. 62.23 (7) (em) of the statutes is amended to read:
SB371,6,614
62.23
(7) (em)
Historic preservation. A city, as an exercise of its zoning and
15police powers for the purpose of promoting the health, safety and general welfare of
16the community and of the state, may regulate by ordinance, or if a city contains any
17property that is listed on the national register of historic places in Wisconsin or the
18state register of historic places shall, not later than 1995, enact an ordinance to
19regulate, any place, structure or object with a special character, historic,
20archaeological or aesthetic interest, or other significant value, for the purpose of
21preserving the place, structure or object and its significant characteristics. A city
22may create a landmarks commission to designate historic or archaeological
23landmarks and establish historic districts. The city may regulate, or if the city
1contains any property that is listed on the national register of historic places in
2Wisconsin or the state register of historic places shall regulate, all historic or
3archaeological landmarks and all property within each historic district to preserve
4the historic or archaeological landmarks and property within the district and the
5character of the district
, and shall interpret the city's regulations liberally to
6facilitate the preservation and restoration of historic buildings and structures.
Note: This provision requires a city to interpret liberally its regulations that apply
to historic structures in order to facilitate the preservation and restoration of historic
buildings and structures.
SB371, s. 7
7Section
7. 66.038 of the statutes is created to read:
SB371,6,9
866.038 Razing historic buildings and buildings that are more than 50
9years old. (1) Definitions. In this section:
SB371,6,1210
(a) "Authority" means a housing authority under ss. 66.40 to 66.404, a
11redevelopment authority under s. 66.431 or a housing and community development
12authority under s. 66.4325.
SB371,6,1313
(b) "Historic building" has the meaning given in s. 66.05 (9) (a) 1m.
SB371,6,1514
(c) "Local governmental unit" means a city, village, town or county, and includes
15an authority acting on behalf of or at the direction of a city, village or town.
SB371,6,1816
(d) "Resident", in the case of a local governmental unit that is an authority,
17means a resident of the city, village or town on whose behalf or at whose direction the
18authority is acting.
SB371,7,2
19(2) Notice to state historical society. If a local governmental unit issues an
20order or permit or other similar directive or authorization to raze a building, or if a
21local governmental unit intends to raze a building that is owned by the local
22governmental unit, and the building is either a historic building or more than 50
1years old, the local governmental unit shall notify the state historical society of the
2order, permit, directive or authorization or of its intent.
SB371,7,5
3(3) Delay in razing. (a) Except as provided in sub. (4) (a) 3. and (b), a local
4governmental unit may not raze a building subject to sub. (2) during the following
5period after the notice is given to the state historical society:
SB371,7,66
1. For a historic building, 60 days.
SB371,7,77
2. For a building more than 50 years old that is not a historic building, 30 days.
SB371,7,98
(b) Upon request by the state historical society, the local governmental unit
9may extend the period of delay in razing under par. (a).
SB371,7,1310
(c) During the period of delay in razing under par. (a) and during any extension
11of a period of delay, the state historical society shall have access to the building to
12create or preserve a historic record and access to the building shall be a condition of
13the order, permit, directive or authorization issued by the local governmental unit.
SB371,7,16
14(4) Opportunity to request public hearing; written findings. (a) 1. For a
15building subject to sub. (2), the state historical society may direct the local
16governmental unit to provide notice and the opportunity to request a public hearing.
SB371,7,2517
2. If the state historical society directs the local governmental unit to provide
18notice and the opportunity to request a public hearing under subd. 1., the local
19governmental unit shall provide notice to any person who requests notice by mail and
20by publishing a class 1 notice, under ch. 985. Within 30 days after the local
21governmental unit publishes the notice, if 5 or more residents of the local
22governmental unit submit a request for a hearing on the matter, the local
23governmental unit shall either hold a public hearing or make written findings
24setting forth the reasons for denying the request for a hearing and responding to
25issues raised in the request for a hearing.
SB371,8,4
13. If 5 or more residents of the local governmental unit submit a request for a
2hearing under subd. 2., the period of delay in razing under sub. (3) (a) does not end
3until the local governmental unit holds the public hearing or makes written findings,
4as required under subd. 2.
SB371,8,95
(b) If the state historical society does not direct the local governmental unit to
6provide notice and the opportunity to request a public hearing, the state historical
7society may waive the period of delay in razing under sub. (3) (a) if the state historical
8society determines that the delay is not necessary to accomplish the purpose of sub.
9(3) (c).
SB371,8,12
10(5) Reuse of building materials. The owner of the building that is razed shall
11reuse the building materials or contract with a demolition contractor who will reuse
12the building materials, to the maximum extent feasible.
SB371,8,14
13(6) Applicability. This section does not apply to part of a building that is not
14a historic building if that part of the building is 50 years old or less.
Note: This provision creates a new requirement related to an order or permit
issued by a local governmental unit to raze a building, or a decision by a local
governmental unit to raze a building that it owns, if the building is a historic building or
is more than 50 years old. "Local governmental unit" is defined to mean a city, village,
town or county, and includes a housing, redevelopment or housing and community
development authority acting on behalf of, or at the direction of, a city, village or town.
This provision expands a provision in current s. 66.05 (9) (c), which is a statute relating
to demolition orders. This provision also applies to housing authorities.
This provision requires a local governmental unit to notify the state historical
society of the order or permit or of its intent. The bill requires a delay in razing the
property to allow time for the state historical society to document the property and create
a suitable historic record of it. Also, this delay will give time for public review of the
decision to raze the building.
If the state historical society does not waive further review, the local governmental
unit must provide notice to any person who requests notice by mail and by publishing a
class 1 notice (a one-time newspaper notice) under ch. 985, stats. Thereafter, 5 or more
residents of the local governmental unit may request a hearing and the local
governmental unit is required either to hold a public hearing or to make written findings
setting forth the reasons for denying the request for a hearing and responding to issues
raised in the request for a hearing.