SB428: Bill Text

SB428, s. 11 Section 11. 66.427 of the statutes is created to read:

SB428,6,20 66.427 Zoning of upland environmental corridors. (1) Definitions. In this section:

SB428,6,21 (a) "Department" means the department of natural resources.

SB428,6,22 (b) "Local unit of government" means a city, village or county.

SB428,6,23 (c) "Shorelands" has the meaning given in s. 59.692 (1) (b).

SB428,7,2 (2) Determination of upland environmental corridors. (a) The department shall promulgate rules that specify criteria for determining the types of areas that shall be included as upland environmental corridors on the maps under sub. (3). The types of areas may include:

SB428,7,3 1. Woodlands.

SB428,7,4 2. Wetlands that are not located in shorelands.

SB428,7,5 3. Wildlife habitat areas.

SB428,7,6 4. Areas consisting of prairie communities.

SB428,7,7 5. Areas of steep slope or rough topography.

SB428,7,10 (b) The department shall promulgate rules that establish standards for identifying and delineating upland environmental corridors, including minimum requirements for the sizes of these corridors.

SB428,7,13 (c) Upland environmental corridors that meet the criteria and standards established by rule under this subsection shall be mapped as required under sub. (3) and are subject to the ordinances required under sub. (5).

SB428,7,20 (3) Mapping. (a) Each regional planning commission shall map the upland environmental corridors within its region. If any part of a local unit of government is not under the jurisdiction of a regional planning commission, the local unit of government shall either map the upland environmental corridors within the boundaries of the local unit of government or shall contract with a regional planning commission to perform the mapping. The mapping required under this paragraph shall be completed before January 1, 2005.

SB428,7,23 (b) If a regional planning commission or a local unit of government fails to complete the mapping before January 1, 2005, the department shall complete the mapping before January 1, 2006.

SB428,8,3 (c) The department shall promulgate rules to be used by the department to review and certify the mapping performed by regional planning commissions and local units of government under this subsection.

SB428,8,8 (4) Objectives for upland environmental corridors. The department shall promulgate rules that establish objectives for protecting upland environmental corridors from land use practices that reduce the upland environmental corridors' natural values, including objectives as to the amount and type of development that may occur in upland environmental corridors.

SB428,8,13 (5) Ordinances. (a) County ordinances. 1. Each county that has an upland environmental corridor within the county's unincorporated area shall enact an ordinance that meets the objectives established by the department under sub. (4). An ordinance enacted under this section may be enacted separately from ordinances enacted under s. 59.69.

SB428,8,16 2. Except as otherwise provided in this section, the provisions of s. 59.69 apply to an ordinance enacted under this section, but the ordinance is exempt from any requirement that it be approved by a town or a town board.

SB428,8,21 3. If a town ordinance that is in effect on the effective date of this subdivision .... [revisor inserts date], and that relates to land located in an upland environmental corridor is more restrictive than an ordinance enacted under this section affecting the same land, it continues as a town ordinance in all respects to the extent of the greater restrictions, but not otherwise.

SB428,8,25 4. Requests for variances and appeals regarding upland environmental corridors within a county shall be decided by the board of adjustment for that county under s. 59.694, and the procedures of that section apply to such requests and appeals.

SB428,9,5 5. Provisions of an upland zoning ordinance that are enacted under this section and that were applicable, prior to annexation, to any upland environmental corridor area annexed by a city or village after the county has enacted the ordinance under this section shall continue in effect and shall be enforced after annexation by the annexing city or village.

SB428,9,9 (b) City and village ordinances. 1. Each city or village that has an upland environmental corridor within its borders shall enact an ordinance that meets the objectives established by the department under sub. (4). An ordinance enacted under this section may be enacted separately from ordinances enacted under s. 62.23 (7).

SB428,9,11 2. Except as otherwise provided in this section, the provisions of s. 62.23 (7) apply to an ordinance enacted under this section.

SB428,9,15 3. Requests for variances and appeals regarding upland environmental corridors within a city or village shall be decided by the board of adjustment for that city or village under s. 62.23 (7) (e), and the procedures of that paragraph apply to such requests and appeals.

SB428,9,18 (c) Ordinances in general. 1. An ordinance enacted under this section supersedes all provisions of an ordinance enacted under ss. 59.69, 61.35 and 62.23 (7) that relate to upland environmental corridors.

SB428,9,24 2. If a local unit of government does not enact an ordinance within one year after the mapping for the local unit of government is completed under sub. (2) or if the department, after notice and hearing, determines that a local unit of government has enacted an ordinance that fails to meet the objectives established by the department under sub. (4), the department shall enact such an ordinance for the local unit of government.

SB428,10,3 3. Ordinances enacted under this section may not result in duplicate zoning restrictions for areas that are subject to zoning under s. 59.692, 61.351, 62.231 or 87.30.

SB428,10,5 (6) Rules. In promulgating rules under this section, the department shall consult with local units of government and regional planning commissions.

SB428, s. 12 Section 12. 70.32 (1g) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB428,10,15 70.32 (1g) In addition to the factors set out in sub. (1), the assessor shall consider the effect on the value of the property of any zoning ordinance under s. 59.692, 61.351 or, 62.231 or 66.427, any conservation easement under s. 700.40, any conservation restriction under an agreement with the federal government and any restrictions under ch. 91. Beginning with the property tax assessments as of January 1, 2000, the assessor may not consider the effect on the value of the property of any federal income tax credit that is extended to the property owner under section 42 of the Internal Revenue Code.

SB428, s. 13 Section 13. 91.73 (1) of the statutes is amended to read:

SB428,10,20 91.73 (1) Except as otherwise provided, exclusive agricultural zoning ordinances shall be adopted and administered in accordance with any applicable provisions under ss. 59.69, 59.692, 59.693 and, 59.694, 61.35 or, 62.23 or and 66.427 and under subch. VIII of ch. 60.

SB428, s. 14 Section 14. 289.33 (3) (d) of the statutes is amended to read:

SB428,11,13 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.01, 66.052, 66.24 (8), 66.427, 87.30, 91.73, 196.58, 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.

SB428, s. 15 Section 15. 289.35 of the statutes is amended to read:

SB428,11,19 289.35 Shoreland, upland and floodplain zoning. Solid waste facilities are prohibited within areas under the jurisdiction of shoreland and floodplain zoning regulations adopted zoning ordinances that are in effect under ss. 59.692, 61.351, 62.231, 66.427 and 87.30, except that the department may issue permits authorizing facilities in such areas.

SB428, s. 16 Section 16. 289.43 (7) (c) of the statutes is amended to read:

SB428,12,3 289.43 (7) (c) The department shall approve the requester's exemption proposal if the department finds that the proposal, as approved, will comply with this chapter and chs. 30, 31, 160 and 280 to 299 and ss. 1.11, 23.40, 59.692, 59.693, 60.627, 61.351, 61.354, 62.231, 62.234, 66.427 and 87.30. If the proposal does not comply with one or more of the requirements specified in this paragraph, the department shall provide a written statement describing how the proposal fails to comply with those requirements. The department shall respond to an application for an exemption under this subsection within 90 days.

SB428, s. 17 Section 17. Nonstatutory provisions.

SB428,12,8 (1) The department of natural resources shall submit in proposed form the rules required under section 66.427 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 19th month beginning after the effective date of this subsection.

SB428,12,9 (End)