9. Contain programs and specific actions to be completed in a stated sequence,
including proposed changes to any applicable zoning ordinances, building codes or
subdivision ordinances, to implement the other elements.
The bill does not, however, require a local governmental unit to take any specific
action at any particular time. If a local governmental unit that has not created a
development plan or a master plan before the effective date of the bill does so, or
amends an existing plan after the effective date of the bill, the new elements of a
development plan or master plan that are contained in the bill must be used.
Under current law, most towns may incorporate as a city or village only after
following certain procedures and receiving approval for the incorporation from a
circuit court and from the department of administration (DOA). The circuit court
must review the incorporation petition to ensure compliance with procedural and
signature requirements and must make several determinations relating to
minimum area and population density requirements of the area to be incorporated.
This bill reduces the minimum area requirements from four square miles to three
square miles under certain circumstances. DOA must also determine whether the
proposed incorporation is in the public interest.
Current law allows any combination of cities, villages or towns (municipalities)
to determine the boundary lines between them under a cooperative plan that is
approved by DOA. This bill authorizes municipalities that enter into a cooperative
plan to include as part of the plan the incorporation of all or part of a town into a city
or village. Because an incorporation that is part of a cooperative plan may not take
effect unless it is approved in a referendum, such a plan must include a contingency
cooperative plan that will take the place of the plan if the proposed incorporation is
defeated in the referendum. An incorporation as part of a cooperative plan is subject
to DOA review and very limited circuit court review.
Under current law, a city, village, town or county (political subdivision) may
create an environmental remediation tax incremental district (ERTID) to defray the
costs of remediating contaminated property that is owned by the political
subdivision. The mechanism for financing eligible costs is very similar to the
mechanism under the tax incremental financing (TIF) program.
Under this bill, ER tax incremental financing may be used to defray the costs
of remediating contaminated property that is owned by private persons.
Currently, before a political subdivision may use ER tax incremental financing,
it must create a joint review board that is similar to the current tax incremental
district (TID) joint review board, or a city or village may use an existing TID joint
review board, to review the political subdivision's proposal to remediate
environmental pollution. If the joint review board approves the proposal, the
political subdivision may proceed with its plan. An ERTID joint review board is
made up of one representative chosen by the school district that has power to levy
taxes on the property that is remediated, one representative chosen by the technical
college district that has power to levy taxes on the property, one representative
chosen by the county that has power to levy taxes on the property that is remediated,
one representative chosen by the political subdivision and one public member.
This bill clarifies that the joint review board consists of one representative from
each of the taxing jurisdictions that has power to levy taxes on the property in the
ERTID.
Under current law, if more than one school district, more than one technical
college district or more than one county has the power to levy taxes on the property
that is remediated, the unit in which is located property that has the greatest value
chooses that representative to the board. Under the bill, a similar provision applies
if more than one city, village or town has the power to levy taxes on the property that
is remediated.
Currently, a political subdivision that has incurred eligible costs to remediate
environmental pollution on a parcel of property may apply to the department of
revenue (DOR) to certify the environmental remediation tax incremental base
(ERTIB) of the parcel.
Under the bill, the environmental remediation does not need to be completed
before a political subdivision may apply to DOR to certify the ERTIB. The political
subdivision is required, under the bill, to submit to DOR a statement that the
political subdivision has incurred some eligible costs and to include with the
statement a detailed proposed remedial action plan that contains cost estimates for
anticipated eligible costs. The political subdivision is also required to include
certification from DNR that the department has approved the site investigation
report that relates to the parcel.
Currently, eligible costs are costs related to the removal, containment or
monitoring of, or the restoration of soil or groundwater affected by, environmental
pollution. Eligible costs are reduced by any amounts received from persons who are
responsible for the discharge of a hazardous substance on the property and by the
amount of net gain on the sale of the property by the political subdivision.
This bill includes in eligible costs property acquisition costs, costs associated
with the restoration of air, surface water and sediments affected by environmental
pollution, demolition costs including asbestos removal, and the costs of removing and
disposing of certain abandoned containers. The bill reduces eligible costs by any
amounts received, or reasonably expected by the political subdivision to be received,
from a local, state or federal program for the remediation of contamination in the
district and that do not require reimbursement or repayment. Under the bill, a
political subdivision is authorized to use an ER tax increment to pay the cost of
remediating environmental pollution of groundwater without regard to whether the
property above the groundwater is owned by the political subdivision.
Under current law, town territory that is contiguous to any city or village may
be annexed to that city or village. In a county with a population of at least 50,000,
DOA is authorized to mail to the clerks of the town and city or village involved in the
proposed annexation a notice that states that, in the opinion of DOA, the annexation
is against the public interest. Currently, DOA renders its opinion within 20 days
after receipt of the notice of annexation.
Under this bill, the period of time under which DOA renders its opinion is
expanded from 20 days to 60 days. DOA may halt the annexation process if DOA
determines that the legal description or scale map is illegible, contains errors that
prevent DOA from ascertaining the territory that is proposed to be annexed or does
not conform to generally accepted standards for the preparation of legal descriptions
or scale maps. If the proposed annexing city or village cures these defects to DOA's
satisfaction, the annexation process may proceed.
Currently, an annexation ordinance takes effect upon the enactment of the
ordinance. Under the bill, an annexation ordinance does not take effect until it is
recorded with the register of deeds.
Under the current blighted area law, cities, villages and towns (municipalities)
may undertake redevelopment projects, which include the acquisition of property, to
improve conditions in blighted or slum areas. Under the current Blight Elimination
and Slum Clearance Act, a redevelopment authority is created in every municipality
in which slum and blighted areas exist to engage in blight elimination, slum
clearance and urban renewal programs. Under the TIF program, cities or villages
may create tax incremental districts to foster redevelopment in blighted or slum
areas.
This bill adds environmental pollution to the current definition of a blighted
area under the blighted area law, the Blight Elimination and Slum Clearance Act
and the TIF program.
Under current law, any person may inspect, copy or receive a copy of a public
record unless the record is specifically exempted from access under state or federal
law or authorized to be withheld from access under state law, or unless the custodian
of the record demonstrates that the harm done to the public interest by providing
access to the record outweighs the strong public interest in providing access.
This bill specifically authorizes the custodian of any record of a local
governmental unit to withhold from access information contained in a record of the
governmental unit pertaining to the home address or home telephone number of any
employe of that governmental unit.
Natural resources
Fish, game and wildlife
This bill changes the fees charged by the department of natural resources
(DNR) for certain hunting and fishing approvals. For hunting, the bill increases the
fees for all resident hunting licenses except turkey hunting licenses and small game
hunting licenses issued to certain persons. The bill increases the fees for all
nonresident hunting licenses except turkey hunting licenses. The bill also increases
the fees for trapping licenses, bonus deer hunting permits and wild turkey hunting
stamps. The bill decreases the fee for pheasant hunting stamps.
For fishing approvals, the bill increases the fees for resident annual fishing
licenses and fishing licenses issued jointly to resident married couples. The bill
increases the fees for all nonresident fishing licenses except two-day sports fishing
licenses. The bill increases the fee for sturgeon spearing licenses and decreases the
fees for inland waters trout stamps and Great Lakes trout and salmon stamps.
This bill increases the fees charged by DNR for licenses for wild animal game
farms, except fur animal farms, and for wildlife exhibits.
The bill also authorizes DNR to impose surcharges for the following licenses:
1. Licenses for game farms on which there are bears or cougars.
2. Licenses for game farms on which the licensee permits an individual to hunt
game birds for a fee.
3. Licenses for game farms on which the licensee sells game animals, the gross
revenue from which is $10,000 or more in the preceding license year.
Under current law, state agencies, including DNR, must release certain
information to a third party upon that party's request. This bill changes this
requirement as it applies to information about holders of fish and game licenses,
stamps and other approvals (approval holders) as follows:
1. DNR may not release any information about approval holders who are under
the age of 18 or about approval holders who request that DNR not release any such
information.
2. DNR may, at its discretion, release the names and addresses of, and
demographic information about, all other approval holders and may produce and sell
lists of the names, addresses and demographic information.
3. DNR may not release telephone numbers or driver's license numbers of
approval holders, or approval numbers or identification numbers given to approval
holders by DNR, under any circumstances.
Under current law, DNR may issue bonus deer hunting permits to state
residents and nonresidents who hold deer hunting licenses in order to control the
state's deer population. This permit allows the holder to kill an additional deer.
Under current law, most applicants must pay a fee for this permit. Also under
current law, DNR or its agents collect an issuing fee for most fish and game licenses.
This bill requires that if a person must pay a fee for a bonus deer hunting permit, he
or she must also pay an issuing fee.
Under current law, DNR appoints agents to issue fish and game approvals.
DNR may charge a handling fee to cover the costs incurred by DNR in issuing these
approvals by mail, telephone or electronic means. Under this bill, DNR may
authorize any of its agents to collect and retain this handling fee.
This bill requires that DNR establish a system to allow a hunter to reserve the
same deer hunting back tag number each year upon payment of a reservation fee.
DNR may limit the number of back tag numbers that may be reserved.
This bill grants DNR specific authority to promulgate rules to regulate wildlife
rehabilitators. The rules may include a system for issuing rehabilitator licenses or
permits.
Under current law, if DNR and the Lac du Flambeau band of the Lake Superior
Chippewa (band) have in effect an agreement under which the band agrees to limit
its treaty-based, off-reservation rights to fish, the band may elect to issue DNR
fishing licenses and DNR inland waters trout stamps as an agent of DNR and to
retain the fees that the band collects for these licenses and stamps. Current law also
authorizes DNR to pay the band an amount equal to the amount that DNR collects
from its other agents who issue DNR fishing licenses and trout stamps on the
reservation if the agreement is in effect. Under current law, these payments are
made from the conservation fund.
This bill provides additional funding for these payments from moneys received
by the state under Indian gaming compacts.
This bill provides funding to DNR for costs associated with the management of
the state's elk population from moneys received by the state under Indian gaming
compacts.
Navigable waters
Under current law, with certain exceptions, a riparian owner may not place a
structure or deposit or conduct certain other activities in a navigable body of water
without first obtaining a permit from or entering into a contract with DNR. For most
structures, deposits or activities (riparian activities) that require a permit or
contract, the procedure for obtaining the permit or contract requires that DNR
provide notice to the public in a newspaper that is likely to give notice in the area
where the riparian activity will be located and to the county and city, village or town
(municipality) in which the riparian activity will be located. If DNR receives a
written objection in response to the notice, it must hold a public hearing on the issue
of whether it should approve the permit or contract. DNR may also use this notice
and hearing procedure when it is not specifically required if DNR determines that
substantial interests of any party may be adversely affected by the granting of the
permit or contract. For certain other riparian activities that require permits, current
law does not require this notice and hearing procedure. These riparian activities
include the placement of fish cribs, bird nesting platforms, gravel, riprap and bridges
less than 35 feet wide and the enlargement of certain artificial waterways.
This bill changes these public notice and hearing procedures. These changes
include the following:
1. The first notice issued by DNR must contain a preliminary decision of
whether to grant the permit or the contract instead of stating that DNR will render
a decision without a hearing unless a substantive written objection is received within
30 days. The preliminary decision becomes final if no such objection is received
within 30 days.
2. If DNR receives such an objection, it must distribute a notice to certain
interested parties. Also, for certain types of permits or contracts and wherever DNR
determines that an environmental impact assessment is required, the applicant for
the permit or contract must publish a notice containing the preliminary decision in
an area newspaper.
3. If an objection is timely filed in response to these notices DNR must
determine whether it is a substantive written objection and, if so, whether the
riparian activity affects a public right or interest in navigable waters. If DNR
determines the objection is substantive and that the riparian activity affects a public
right or interest, DNR must offer the person making the objection the choice of a
public hearing before an administrative law judge, an informal hearing before DNR
staff, or a dispute resolution proceeding. If DNR determines that the objection is
substantive but that the riparian activity does not affect a public right or interest,
DNR must offer the choice between the informal hearing and the dispute resolution
proceeding.
The riparian activities that are subject to these notice and hearing
requirements under current law continue to be subject to the requirements under the
bill. The bill also applies the requirements to the permits and contracts to remove
material from beds of navigable waters.
Under current law, DNR must issue permits authorizing activities in navigable
waters such as the placement of structures or deposits. For certain types of activities
in navigable waters, DNR may issue a general permit that allows anyone to engage
in a type of activity as opposed to an individual permit to a specific individual who
wants to engage in the activity. Currently there are two programs under which DNR
issues general permits. One applies throughout the state (regular program). The
other program is a five-year project for the Wolf River and Fox River basin area,
under which DNR issues general permits for any activity in navigable waters that
requires a permit (pilot program). Under both programs, DNR issues a general
permit if it determines that the environmental impact of the activity is insignificant
and that the issuance of the permit will not cause pollution or injury to the rights of
the public or riparian property owners.
This bill eliminates the pilot program and makes the following changes in the
regular program:
1. DNR may issue a general permit for any activity that requires a specific
permit or a contract. Under current law, DNR may issue general permits for only
certain activities that require permits such as placement of fish cribs, bird nesting
platforms, gravel and riprap and the enlargement of certain waterways.
2. A time limit of five years is imposed on any general permit. There are no time
limits under the current two programs.
3. A person is allowed to maintain a structure or deposit or continue an activity
under the authority of a general permit after the general permit is no longer in effect
unless DNR determines that the structure, deposit or activity is detrimental to a
public right or interest in navigable waters.
4. Only municipalities, public inland lake protection and rehabilitation
districts, town sanitary districts and groups of ten or more riparian owners that
would be affected by the issuance of a general permit may apply for a general permit.
Under the current regular program, anyone may apply. Under the pilot program,
these specific persons plus any contractor who has been involved in placing
structures along navigable waters and certain local entities such as certain lake
associations and nonprofit conservation organizations may apply.
5. Public notice must be given and in certain cases, a public hearing must be
held before DNR may issue a general permit for any activity. Under the pilot
program, notice and hearing are required only if they are required before DNR issues
an individual permit for the activity in question. Under the regular program there
are no notice or hearing requirements because the types of activities for which
general permits are available have no notice and hearing requirements before DNR
may issue the permit.
6. A person conducting an activity under a general permit must comply with
any local ordinance that contains standards that are at least as restrictive as those
contained in the general permit. Currently, the pilot program requires compliance
with any applicable local ordinances.
7. The fee structure for general permits and for authorization to act under
general permits is incorporated from the pilot program.
8. DNR may inspect projects or activities in navigable waters that are
undertaken pursuant to permits issued or contracts entered into by DNR. Currently
the pilot program has similar provisions.
Under current law, most boats must have certificates of number or of
registration that are issued every two years for a fee by DNR. The fees are generally
based on the size of the boat. This bill increases these fees by 50% and increases the
period of certification and registration to three years.
Under current law, DNR awards grants for planning projects to provide
information on the quality of water in lakes. DNR also awards grants for
management projects that will improve or protect the quality of water in lakes or in
their ecosystems.
This bill allows these grants to be used to provide information and education
on the use of lakes and their ecosystems. Current law allows these grants to be used
to provide information only on the water quality in lakes. The bill also specifically
allows grant recipients to conduct assessments of lake uses and the uses of
surrounding land.
This bill creates a new grant program for river protection activities for certain
rivers. The program includes grants for both planning projects and management
projects and is similar to the lake planning grant program and the lake management
grant program. River protection management grants may be used to purchase land
or conservation easements in order to protect or improve a river or its ecosystem, to
restore in-stream or shoreline habitat and to install pollution control practices.
DNR may award grants under the program for up to 75% of the cost of the project.
The bill imposes a limit of $10,000 on each planning grant and a limit of $50,000 on
each management grant. Cities, villages, towns, counties, special purpose districts,
river management organizations that meet certain qualifications and nonprofit
conservation organizations are eligible for these grants.
Under current law, no permit is required from DNR for highway and bridge
work that is directed and supervised by the department of transportation (DOT) and
that involves the placement of structures or the deposition of material in navigable
waters of this state if the work is accomplished in accordance with interdepartmental
liaison procedures established by DOT and DNR for minimizing the adverse
environmental impact of the work.
This bill exempts any transportation project, including rail, harbor and airport
projects, directed and supervised by DOT from having to obtain a permit from DNR
to place structures or deposit material in navigable waters if the transportation
project is accomplished in accordance with the interdepartmental liaison
procedures. The bill also allows DOT, in connection with a transportation project,
to construct, dredge or enlarge any artificial waterway connecting to a navigable
water without obtaining a permit from DNR if the project is accomplished using the
interdepartmental liaison procedures.
Under current law, DNR awards grants to municipalities and public inland
lake protection and rehabilitation districts for the purposes of dam maintenance,
repair, modification, abandonment and removal. This bill expands the purposes for
which DNR may give financial assistance to include other activities that increase the
safety of the dam if the activities cost less than maintaining, repairing, modifying or
removing the dam. Currently, at least $250,000 of the $11,850,000 in grant
assistance must be spent to remove dams that are less that 15 feet wide and that
create impoundments of 50 acre-feet or less. This bill changes these size
requirements to 15 feet in height and 100 surface acres.
This bill authorizes DNR to charge a fee for providing any information that
DNR maintains in a format that may be accessed by computer concerning the waters
of this state, including maps and other water resource management information.
