SB428, s. 11 18Section 11. 66.427 of the statutes is created to read:
SB428,6,20 1966.427 Zoning of upland environmental corridors. (1) Definitions. In
20this section:
SB428,6,2121 (a) "Department" means the department of natural resources.
SB428,6,2222 (b) "Local unit of government" means a city, village or county.
SB428,6,2323 (c) "Shorelands" has the meaning given in s. 59.692 (1) (b).
SB428,7,2 24(2) Determination of upland environmental corridors. (a) The department
25shall promulgate rules that specify criteria for determining the types of areas that

1shall be included as upland environmental corridors on the maps under sub. (3). The
2types of areas may include:
SB428,7,33 1. Woodlands.
SB428,7,44 2. Wetlands that are not located in shorelands.
SB428,7,55 3. Wildlife habitat areas.
SB428,7,66 4. Areas consisting of prairie communities.
SB428,7,77 5. Areas of steep slope or rough topography.
SB428,7,108 (b) The department shall promulgate rules that establish standards for
9identifying and delineating upland environmental corridors, including minimum
10requirements for the sizes of these corridors.
SB428,7,1311 (c) Upland environmental corridors that meet the criteria and standards
12established by rule under this subsection shall be mapped as required under sub. (3)
13and are subject to the ordinances required under sub. (5).
SB428,7,20 14(3) Mapping. (a) Each regional planning commission shall map the upland
15environmental corridors within its region. If any part of a local unit of government
16is not under the jurisdiction of a regional planning commission, the local unit of
17government shall either map the upland environmental corridors within the
18boundaries of the local unit of government or shall contract with a regional planning
19commission to perform the mapping. The mapping required under this paragraph
20shall be completed before January 1, 2005.
SB428,7,2321 (b) If a regional planning commission or a local unit of government fails to
22complete the mapping before January 1, 2005, the department shall complete the
23mapping before January 1, 2006.
SB428,8,3
1(c) The department shall promulgate rules to be used by the department to
2review and certify the mapping performed by regional planning commissions and
3local units of government under this subsection.
SB428,8,8 4(4) Objectives for upland environmental corridors. The department shall
5promulgate rules that establish objectives for protecting upland environmental
6corridors from land use practices that reduce the upland environmental corridors'
7natural values, including objectives as to the amount and type of development that
8may occur in upland environmental corridors.
SB428,8,13 9(5) Ordinances. (a) County ordinances. 1. Each county that has an upland
10environmental corridor within the county's unincorporated area shall enact an
11ordinance that meets the objectives established by the department under sub. (4).
12An ordinance enacted under this section may be enacted separately from ordinances
13enacted under s. 59.69.
SB428,8,1614 2. Except as otherwise provided in this section, the provisions of s. 59.69 apply
15to an ordinance enacted under this section, but the ordinance is exempt from any
16requirement that it be approved by a town or a town board.
SB428,8,2117 3. If a town ordinance that is in effect on the effective date of this subdivision
18.... [revisor inserts date], and that relates to land located in an upland environmental
19corridor is more restrictive than an ordinance enacted under this section affecting
20the same land, it continues as a town ordinance in all respects to the extent of the
21greater restrictions, but not otherwise.
SB428,8,2522 4. Requests for variances and appeals regarding upland environmental
23corridors within a county shall be decided by the board of adjustment for that county
24under s. 59.694, and the procedures of that section apply to such requests and
25appeals.
SB428,9,5
15. Provisions of an upland zoning ordinance that are enacted under this section
2and that were applicable, prior to annexation, to any upland environmental corridor
3area annexed by a city or village after the county has enacted the ordinance under
4this section shall continue in effect and shall be enforced after annexation by the
5annexing city or village.
SB428,9,96 (b) City and village ordinances. 1. Each city or village that has an upland
7environmental corridor within its borders shall enact an ordinance that meets the
8objectives established by the department under sub. (4). An ordinance enacted under
9this section may be enacted separately from ordinances enacted under s. 62.23 (7).
SB428,9,1110 2. Except as otherwise provided in this section, the provisions of s. 62.23 (7)
11apply to an ordinance enacted under this section.
SB428,9,1512 3. Requests for variances and appeals regarding upland environmental
13corridors within a city or village shall be decided by the board of adjustment for that
14city or village under s. 62.23 (7) (e), and the procedures of that paragraph apply to
15such requests and appeals.
SB428,9,1816 (c) Ordinances in general. 1. An ordinance enacted under this section
17supersedes all provisions of an ordinance enacted under ss. 59.69, 61.35 and 62.23
18(7) that relate to upland environmental corridors.
SB428,9,2419 2. If a local unit of government does not enact an ordinance within one year
20after the mapping for the local unit of government is completed under sub. (2) or if
21the department, after notice and hearing, determines that a local unit of government
22has enacted an ordinance that fails to meet the objectives established by the
23department under sub. (4), the department shall enact such an ordinance for the
24local unit of government.
SB428,10,3
13. Ordinances enacted under this section may not result in duplicate zoning
2restrictions for areas that are subject to zoning under s. 59.692, 61.351, 62.231 or
387.30.
SB428,10,5 4(6) Rules. In promulgating rules under this section, the department shall
5consult with local units of government and regional planning commissions.
SB428, s. 12 6Section 12. 70.32 (1g) of the statutes, as affected by 1999 Wisconsin Act 9, is
7amended to read:
SB428,10,158 70.32 (1g) In addition to the factors set out in sub. (1), the assessor shall
9consider the effect on the value of the property of any zoning ordinance under s.
1059.692, 61.351 or, 62.231 or 66.427, any conservation easement under s. 700.40, any
11conservation restriction under an agreement with the federal government and any
12restrictions under ch. 91. Beginning with the property tax assessments as of
13January 1, 2000, the assessor may not consider the effect on the value of the property
14of any federal income tax credit that is extended to the property owner under section
1542 of the Internal Revenue Code.
SB428, s. 13 16Section 13. 91.73 (1) of the statutes is amended to read:
SB428,10,2017 91.73 (1) Except as otherwise provided, exclusive agricultural zoning
18ordinances shall be adopted and administered in accordance with any applicable
19provisions under
ss. 59.69, 59.692, 59.693 and, 59.694, 61.35 or, 62.23 or and 66.427
20and under
subch. VIII of ch. 60.
SB428, s. 14 21Section 14. 289.33 (3) (d) of the statutes is amended to read:
SB428,11,1322 289.33 (3) (d) "Local approval" includes any requirement for a permit, license,
23authorization, approval, variance or exception or any restriction, condition of
24approval or other restriction, regulation, requirement or prohibition imposed by a
25charter ordinance, general ordinance, zoning ordinance, resolution or regulation by

1a town, city, village, county or special purpose district, including without limitation
2because of enumeration any ordinance, resolution or regulation adopted under s.
359.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9),
4(11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27),
559.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23),
659.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16),
7(17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56
8(1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and
9(5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8),
10(9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and
11(11), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354,
1262.11, 62.23, 62.231, 62.234, 66.01, 66.052, 66.24 (8), 66.427, 87.30, 91.73, 196.58,
13236.45, 281.43 or 349.16 or subch. VIII of ch. 60.
SB428, s. 15 14Section 15. 289.35 of the statutes is amended to read:
SB428,11,19 15289.35 Shoreland, upland and floodplain zoning. Solid waste facilities
16are prohibited within areas under the jurisdiction of shoreland and floodplain zoning
17regulations adopted
zoning ordinances that are in effect under ss. 59.692, 61.351,
1862.231, 66.427 and 87.30, except that the department may issue permits authorizing
19facilities in such areas.
SB428, s. 16 20Section 16. 289.43 (7) (c) of the statutes is amended to read:
SB428,12,321 289.43 (7) (c) The department shall approve the requester's exemption
22proposal if the department finds that the proposal, as approved, will comply with this
23chapter and chs. 30, 31, 160 and 280 to 299 and ss. 1.11, 23.40, 59.692, 59.693, 60.627,
2461.351, 61.354, 62.231, 62.234, 66.427 and 87.30. If the proposal does not comply
25with one or more of the requirements specified in this paragraph, the department

1shall provide a written statement describing how the proposal fails to comply with
2those requirements. The department shall respond to an application for an
3exemption under this subsection within 90 days.
SB428, s. 17 4Section 17. Nonstatutory provisions.
SB428,12,85 (1) The department of natural resources shall submit in proposed form the
6rules required under section 66.427 of the statutes, as created by this act, to the
7legislative council staff under section 227.15 (1) of the statutes no later than the first
8day of the 19th month beginning after the effective date of this subsection.
SB428,12,99 (End)
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