Requests a joint legislative council study 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.
AB277, 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)
AB277, s. 2
1Section
2. 20.245 (3) (f) of the statutes is created to read:
AB277,7,32
20.245
(3) (f)
Historic agricultural building grant program. The amounts in
3the schedule for the historic agricultural building grant program under s. 44.46.
AB277, s. 3
4Section
3. 44.46 of the statutes is created to read:
AB277,7,8
544.46 Historic agricultural building grant program.
(1) In this section,
6"historic agricultural building" means any building or structure that is designed for
7agricultural purposes and that is significant in the history, architecture, or culture
8of this state.
AB277,7,14
9(2) From the appropriation under s. 20.245 (3) (f), the historical society shall
10award grants to owners of historic agricultural buildings to assist in the restoration
11of the buildings. To receive a grant, the owner shall match the amount of the grant,
12shall agree to use the total amount of funds to restore the historic agricultural
13building, and shall agree to use the restored historic agricultural building in a
14manner 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."
AB277, s. 4
1Section
4. 59.69 (4m) of the statutes is amended to read:
AB277,8,122
59.69
(4m) Historic preservation. A county, as an exercise of its zoning and
3police powers for the purpose of promoting the health, safety and general welfare of
4the community and of the state, may regulate by ordinance any place, structure or
5object with a special character, historic interest, aesthetic interest or other
6significant value, for the purpose of preserving the place, structure or object and its
7significant characteristics. The county may create a landmarks commission to
8designate historic landmarks and establish historic districts. The county may
9regulate all historic landmarks and all property within each historic district to
10preserve the historic landmarks and property within the district and the character
11of the district
, and shall interpret the county's regulations liberally to facilitate the
12preservation 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.
AB277, s. 5
13Section
5. 60.64 of the statutes is amended to read:
AB277,9,5
1460.64 Historic preservation. The town board, in the exercise of its zoning
15and police powers for the purpose of promoting the health, safety and general welfare
16of the community and of the state, may regulate any place, structure or object with
17a special character, historic interest, aesthetic interest or other significant value for
18the purpose of preserving the place, structure or object and its significant
19characteristics. The town board may create a landmarks commission to designate
1historic landmarks and establish historic districts. The board may regulate all
2historic landmarks and all property within each historic district to preserve the
3historic landmarks and property within the district and the character of the district
,
4and shall interpret the board's regulations liberally to facilitate the preservation and
5restoration 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.
AB277, s. 6
6Section
6. 62.23 (7) (em) of the statutes is amended to read:
AB277,9,227
62.23
(7) (em)
Historic preservation. A city, as an exercise of its zoning and
8police powers for the purpose of promoting the health, safety and general welfare of
9the community and of the state, may regulate by ordinance, or if a city contains any
10property that is listed on the national register of historic places in Wisconsin or the
11state register of historic places shall, not later than 1995, enact an ordinance to
12regulate, any place, structure or object with a special character, historic,
13archaeological or aesthetic interest, or other significant value, for the purpose of
14preserving the place, structure or object and its significant characteristics. A city
15may create a landmarks commission to designate historic or archaeological
16landmarks and establish historic districts. The city may regulate, or if the city
17contains any property that is listed on the national register of historic places in
18Wisconsin or the state register of historic places shall regulate, all historic or
19archaeological landmarks and all property within each historic district to preserve
20the historic or archaeological landmarks and property within the district and the
21character of the district
, and shall interpret the city's regulations liberally to
22facilitate 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.
AB277, s. 7
1Section
7
. 66.0413 (1) (b) 1. of the statutes is amended to read:
AB277,10,72
66.0413
(1) (b) 1. If a building is
old, dilapidated or out of repair and
3consequently dangerous, unsafe, unsanitary or otherwise unfit for human
4habitation and unreasonable to repair, order the owner of the building to raze the
5building or, if the building can be made safe by reasonable repairs, order the owner
6to either make the building safe and sanitary or to raze the building, at the owner's
7option.
Note: This amendment deletes "old" as one of the conditions that may lead to a
municipal decision to order the razing of a building. The age of a building does not
determine the condition of the building. Municipal decisions to order the razing of a
building are appropriately based on the other conditions addressed in the statute, such
as "dilapidated" and "out of repair".
AB277, s. 8
8Section
8. 66.0413 (1) (h) of the statutes is amended to read:
AB277,11,69
66.0413
(1) (h)
Restraining order. A person affected by an order issued under
10par. (b) may within the time provided by s. 893.76 apply to the circuit court for an
11order restraining the building inspector or other designated officer from razing the
12building or forever be barred. The hearing shall be held within 20 days and shall be
13given preference. The court shall determine whether the raze order is reasonable.
14If the order is found reasonable the court shall dissolve the restraining order. If the
15order is found not reasonable the court shall continue the restraining order or modify
16it as the circumstances require. Costs are in the discretion of the court. If the court
17finds that the order is unreasonable, the building inspector or other designated
18officer shall issue no other order under this subsection in regard to the same building
19until its condition is substantially changed. The remedies provided in this
20paragraph are exclusive remedies and anyone affected by an order issued under par.
1(b) is not entitled to recover any damages for the razing of the building.
For the
2purposes of this paragraph, if the order requires the razing of a historic building, as
3defined in sub. (3) (a) 1m., persons affected by the order include representatives of
4a local historical society and the owner of a historic building, as defined in sub. (3)
5(a) 1m., that is located within 200 yards of the historic building that is subject to the
6order.
Note: Section 66.0413, stats., relates to local orders to repair or raze dilapidated
buildings. The current statute includes provisions related to historic buildings that
require a delay in implementation of the order and a different presumption regarding the
reasonableness of the cost of repairs.
Any order under s. 66.0413, stats., may be appealed to circuit court by an "affected
person". The issue in the appeal is the reasonableness of the order. The current statute
does not define who may be an affected person. This is a matter for the court to decide,
and there have not been any appellate court decisions on this issue. It is possible that a
court would allow a person with a demonstrated interest in historic preservation to
appeal a local order requiring demolition of a historic building, although there is no
assurance of this under the current statute.
The bill does not define "affected person", but rather provides that the term
"affected person" includes representatives of a local historical society and owners of
historic buildings located within 200 yards of the historic building that is subject to the
order.
The definition of "historic building" that is cross-referenced in this provision is
"any building or object listed on, or any building or object within and contributing to a
historic district listed on, the national register of historic places in Wisconsin, the state
register of historic places or a list of historic places maintained by a municipality".
AB277, s. 9
7Section
9. 66.0413 (1) (k) of the statutes is amended to read:
AB277,11,118
66.0413
(1) (k)
Public nuisance procedure. A building which is determined
9under par. (b) 1. to be
old, dilapidated or out of repair and consequently dangerous,
10unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to
11repair may be proceeded against as a public nuisance under ch. 823.
Note: See the Note to Section 7.
AB277, s. 10
12Section
10. 66.0413 (3) (c) of the statutes is amended to read:
AB277,12,1713
66.0413
(3) (c) If an order is issued under this section to raze and remove a
14historic building
and restore the site to a dust-free and erosion-free condition, an
15application is made for a permit to raze and remove a historic building and restore
1the site to a dust-free and erosion-free condition or a municipality intends to raze
2and remove a municipally owned historic building and restore the site to a dust-free
3and erosion-free condition, the municipality in which the historic building is located
4shall notify the state historical society of the order, application or intent. No historic
5building may be razed and removed nor the site restored to a dust-free and
6erosion-free condition for 30 days after the notice is given, unless a shorter period
7is authorized by the state historical society. If the state historical society authorizes
8a shorter period, however, such a period shall be subject to any applicable local
9ordinance. During the 30-day period, the state historical society shall have access
10to the historic building to create or preserve a historic record. If the state historical
11society completes its creation or preservation of a historic record, or decides not to
12create or preserve a historic record, before the end of the 30-day period, the society
13may waive its right to access the building and may authorize the person who intends
14to raze and remove the building, and restore the site to a dust-free and erosion-free
15condition, to proceed before the end of such period, except that such a person shall
16be subject to any applicable local ordinance or a building that is more than 50 years
17old, s. 66.0414 applies.
Note: The material deleted from s. 66.00413 (3) (c) is recreated and expanded in
s. 66.0414 as created by this bill.
AB277, s. 11
18Section
11. 66.0413 (4) (a) and (b) of the statutes are consolidated, renumbered
1966.0413 (4) and amended to read:
AB277,13,320
66.0413
(4) First class cities; other provisions. First class cities may adopt
, 21by ordinance
, alternate or additional provisions governing the placarding, closing,
22razing and removal of a building and the restoration of the site to a dust-free and
23erosion-free condition.
(b) This subsection shall be liberally construed to provide 1st
1class cities with the largest possible power and leeway of action
, except that any
2alternate or additional provision adopted shall be no less stringent than the
3corresponding provision in s. 66.0414.
Note: Under the current statute, a 1st class city (the city of Milwaukee) may adopt
alternate or additional provisions regarding orders to demolish buildings. This provision
creates an exception to that broad authority by requiring a 1st class city to comply with
the requirements in the cross-referenced statute, as affected by this bill.
AB277, s. 12
4Section
12. 66.0414 of the statutes is created to read:
AB277,13,6
566.0414 Razing historic buildings and buildings that are more than 50
6years old. (1) Definitions. In this section:
AB277,13,97
(a) "Authority" means a housing authority under subch. XII, a redevelopment
8authority under s. 66.1333, or a housing and community development authority
9under s. 66.1335.
AB277,13,1010
(b) "Historic building" has the meaning given in s. 66.0413 (3) (a) 1m.
AB277,13,1211
(c) "Local governmental unit" means a city, village, town, or county, and
12includes an authority acting on behalf of or at the direction of a city, village, or town.
AB277,13,1513
(d) "Resident," in the case of a local governmental unit that is an authority,
14means a resident of the city, village, or town on whose behalf or at whose direction
15the authority is acting.
AB277,13,21
16(2) Notice to state historical society. If a local governmental unit issues an
17order or permit or other similar directive or authorization to raze a building, or if a
18local governmental unit intends to raze a building that is owned by the local
19governmental unit, and the building is either a historic building or more than 50
20years old, the local governmental unit shall notify the state historical society of the
21order, permit, directive, or authorization or of its intent.
AB277,14,3
1(3) Delay in razing. (a) Except as provided in sub. (4) (a) 3. and (b), a local
2governmental unit may not raze a building subject to sub. (2) during the following
3period after the notice is given to the state historical society:
AB277,14,44
1. For a historic building, 60 days.
AB277,14,55
2. For a building more than 50 years old that is not a historic building, 30 days.
AB277,14,76
(b) Upon request by the state historical society, the local governmental unit
7may extend the period of delay in razing under par. (a).
AB277,14,118
(c) During the period of delay in razing under par. (a) and during any extension
9of a period of delay, the state historical society shall have access to the building to
10create or preserve a historic record and access to the building shall be a condition of
11the order, permit, directive, or authorization issued by the local governmental unit.
AB277,14,14
12(4) Opportunity to request public hearing; written findings. (a) 1. For a
13building subject to sub. (2), the state historical society may direct the local
14governmental unit to provide notice and the opportunity to request a public hearing.
AB277,14,2315
2. If the state historical society directs the local governmental unit to provide
16notice and the opportunity to request a public hearing under subd. 1., the local
17governmental unit shall provide notice to any person who requests notice by mail and
18by publishing a class 1 notice, under ch. 985. Within 30 days after the local
19governmental unit publishes the notice, if 5 or more residents of the local
20governmental unit submit a request for a hearing on the matter, the local
21governmental unit shall either hold a public hearing or make written findings
22setting forth the reasons for denying the request for a hearing and responding to
23issues raised in the request for a hearing.
AB277,15,224
3. If 5 or more residents of the local governmental unit submit a request for a
25hearing under subd. 2., the period of delay in razing under sub. (3) (a) does not end
1until the local governmental unit holds the public hearing or makes written findings,
2as required under subd. 2.
AB277,15,73
(b) If the state historical society does not direct the local governmental unit to
4provide notice and the opportunity to request a public hearing, the state historical
5society may waive the period of delay in razing under sub. (3) (a) if the state historical
6society determines that the delay is not necessary to accomplish the purpose of sub.
7(3) (c).
AB277,15,10
8(5) Reuse of building materials. The owner of the building that is razed shall
9reuse the building materials or contract with a demolition contractor who will reuse
10the building materials, to the maximum extent feasible.
AB277,15,12
11(6) Applicability. This section does not apply to part of a building that is not
12a 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. 66.0413 (3) (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.
The time periods specified in this provision do not affect the provisions for judicial
review. Under s. 68.13, stats., any party to a proceeding that results in a final
determination may seek review by a court within 30 days of receipt of the final
determination.
Also, the new statute requires reuse of building materials, to the maximum extent
feasible, following demolition of the building.
AB277, s. 13
13Section
13
. 71.07 (9m) (c) of the statutes is amended to read:
AB277,16,5
171.07
(9m) (c) No person may claim the credit under this subsection unless the
2claimant includes with the claimant's return evidence that the rehabilitation was
3approved recommended by the state historic preservation officer for approval by the
4secretary of the interior under
36 CFR 67.6 before the physical work of construction,
5or destruction in preparation for construction, began.
Note: Under the U.S. Internal Revenue Code, the owner of an income producing
historic building is eligible for a federal income tax credit equal to 20% of certain specified
costs of rehabilitating the historic building. The building must be listed on the national
register of historic places or eligible for listing or located in certain national, state or local
historic districts. The rehabilitation work must comply with standards that have been
established by the U.S. Secretary of the Interior.
Wisconsin provides a supplement to the federal income tax credit equal to 5% of the
eligible costs of rehabilitation. This Section amends s. 71.07 (9m) (c), stats., which
provides the supplemental state income tax credit for historic rehabilitation.
Under the current statutes, the state income tax credit is only available if the state
tax return includes evidence that the rehabilitation was approved by the secretary of the
interior before the physical work of rehabilitation was commenced. As the federal
program has been implemented by the secretary of the interior, the state historic
preservation officer must first recommend approval of the project before the application
is considered by the secretary of interior. This bill makes the state supplement available
upon recommendation of the state historic preservation officer, rather than final approval
by the secretary of the interior, which will allow owners to commence projects sooner. If,
for any reason, the owner is determined not to be eligible for the federal tax credit, the
owner will still be eligible for the 5% state supplement based on the approval by the state
historic preservation officer.
AB277, s. 14
6Section
14
. 71.21 (6) of the statutes is created to read:
AB277,16,127
71.21
(6) Credits computed by a partnership under s. 71.07 (9m), 71.28 (6), or
871.47 (6) may be allocated to partners either as provided under this chapter or
9pursuant to an agreement among the partners establishing an alternate allocation
10method. The partners shall notify the department of an agreement within 30 days
11after the agreement is executed and shall provide any additional information
12requested by the department regarding the agreement.
Note: This Section relates to the state supplement to the federal historic
rehabilitation income tax credit. The supplement is equal to 5% of the eligible costs of
historic preservation.
Under current law, each partner in a partnership is allocated a portion of any tax
credit for which the partnership is eligible based on the partnership agreement. The
partnership agreement must have economic substance.
This bill creates s. 71.21 (6) to provide that a tax credit for historic preservation
claimed by a partnership may be allocated to the partners either as permitted under
current law or pursuant to an agreement executed by the partners that establishes an
alternate distribution method. This will allow partners who do not have a Wisconsin
income tax liability (e.g., out-of-state investors) to transfer the credit to partners who do.
The bill requires the partners to notify the department of revenue of the agreement
within 30 days of executing such an agreement and also requires the partners to provide
any additional information requested by the department of revenue.
AB277, s. 15
1Section
15
. 71.28 (6) (c) of the statutes is amended to read:
AB277,17,62
71.28
(6) (c) No person may claim the credit under this subsection unless the
3claimant includes with the claimant's return evidence that the rehabilitation was
4approved recommended by the state historic preservation officer for approval by the
5secretary of the interior under
36 CFR 67.6 before the physical work of construction,
6or destruction in preparation for construction, began.
Note: This amendment corresponds with the amendment in this bill to s. 71.07
(9m) (c), stats., which includes an explanatory note.
AB277, s. 16
7Section
16
. 71.47 (6) (c) of the statutes is amended to read:
AB277,17,128
71.47
(6) (c) No person may claim the credit under this subsection unless the
9claimant includes with the claimant's return evidence that the rehabilitation was
10approved recommended by the state historic preservation officer for approval by the
11secretary of the interior under
36 CFR 67.6 before the physical work of construction,
12or destruction in preparation for construction, began.
Note: This amendment corresponds with the amendment in this bill to s. 71.07
(9m) (c), stats., which includes an explanatory note.
AB277, s. 17
13Section
17. 101.121 (3) (c) of the statutes is created to read:
AB277,17,1514
101.121
(3) (c) The historic building code shall be liberally interpreted to
15facilitate the preservation and restoration of qualified historic buildings.
Note: The department of commerce is authorized to promulgate the historic
building code under s. 101.121, stats. The statute includes a statement of legislative
purpose, as follows:
"101.121 (1) Purpose. It is the purpose of this section to provide alternative
standards, when necessary, for the preservation or restoration of buildings or structures
designated as historic buildings. The development and application of these alternative
standards is a matter of statewide concern. These alternative standards are intended to
facilitate the restoration of historic buildings so as to preserve their original or restored
architectural elements and features, to encourage energy conservation, to permit a
cost-effective approach to preservation and restoration and to provide for the health,
safety and welfare of occupants and visitors in historic buildings."
The legislature incorporated additional guidance regarding the purpose of the
statute into the substantive provisions of s. 101.121 (3) (a), stats., as follows:
"101.121 (3) (a) For any rule under this chapter or ch. 145 which applies to
buildings, the department may provide an alternative rule which accomplishes the same
general purpose and applies only to qualified historic buildings. These alternative rules
shall permit, to the maximum extent possible, the use of original or duplicates of original
materials, the maintenance of the original appearance of all components of a historic
building and the use of original construction techniques...."
The special committee determined that some decisions regarding the
implementation of the historic building code may be unnecessarily restrictive. The
additional statutory language proposed in this Section creates an express statement of
the legislature's intent that the statute is to be interpreted liberally to facilitate the
preservation and restoration of historic buildings.
The intent is not to shift the balance in the historic building code between
preservation and restoration of historic buildings on one hand, and public health, safety
and welfare on the other hand. The intent is to favor the preservation and restoration
of historic buildings in questions involving close judgments.
AB277, s. 18
1Section
18. 101.121 (4) (a) of the statutes is renumbered 101.121 (4) (a) 1.