April 3, 2001 - Introduced by
Joint Legislative Council. Referred to Committee
on Tourism and Recreation.
AB277,2,2
1An Act to renumber 101.121 (4) (a);
to consolidate, renumber and amend
266.0413 (4) (a) and (b);
to amend 59.69 (4m), 60.64, 62.23 (7) (em), 66.0413 (1)
3(b) 1., 66.0413 (1) (h), 66.0413 (1) (k), 66.0413 (3) (c), 71.07 (9m) (c), 71.28 (6) (c),
471.47 (6) (c), 101.121 (4) (b), 101.122 (4) (b) 1., 101.132 (2) (b) 1., 101.132 (2) (b)
52., 101.132 (2) (b) 3., 101.19 (1) (intro.), 254.61 (1) (f) 2. and 823.21; and
to
6create 20.245 (3) (f), 44.46, 66.0414, 71.21 (6), 101.121 (3) (c), 101.121 (4) (a) 2.,
7101.121 (5), 101.121 (6), 101.132 (2) (b) 3m., 101.132 (2) (e) 3., 101.19 (1m) and
8101.975 (4) of the statutes;
relating to: the regulation of historic buildings, the
9income and franchise tax credit that supplements the federal historic
10rehabilitation tax credit, the historic building code, awarding grants to owners
11of historic agricultural buildings, requiring a liberal interpretation of local
1regulations applicable to historic buildings and structures, and making
2appropriations.
Analysis by the Legislative Reference Bureau
Razing of historic buildings
This bill prohibits a local governmental unit (city, village, town, or county) from
razing a building that is a historic building or that is more than 50 years old unless
the local governmental unit notifies the state historical society and allows the
historical society time to create or preserve a historic record of the building. Upon
request of the historical society, the local governmental unit must provide an
opportunity for residents to request a public hearing on the decision to raze the
building. The bill also requires the owner of the building to reuse the building
materials or to contract with a demolition contractor who will reuse the building
materials.
Current law authorizes a municipality to order the owner of any old,
dilapidated, or unsafe building to raze the building. Any person affected by such an
order may appeal the order to circuit court, where the issue is the reasonableness of
the order.
This bill eliminates the age of the building from the criteria that may lead to
an order to raze the building. The bill also provides that, if the order relates to a
historic building, representatives of a local historical society and the owner of a
historic building located within 200 yards of the historic building that is subject to
the order may appeal the order to circuit court.
Historic building code
Current law authorizes the department of commerce (department) to regulate
the preservation and restoration of qualified historic buildings. A qualified historic
building is a building that is listed on the national or state register of historic places,
or a certified local register of historic property, or that is located in a district that is
listed on the national or state register of historic places and is of historical
significance to the district. Current law permits the department, in consultation
with the historic building code council, to promulgate a historic building code that
provides specific standards for the preservation or restoration of qualified historic
buildings, while still providing for the health, safety, and welfare of occupants of and
visitors to historic buildings. In addition, in order to permit the preservation or
restoration of qualified historic buildings, the department may grant a variance from
any rule promulgated under the chapters of the statutes relating to the regulation
of industry, buildings, and safety or the regulation of plumbing, fire protection
systems, and swimming pools.
With certain exceptions, the owner of a qualified historic building may elect to
be subject to the historic building code. With limited exceptions, an owner who
makes this election is exempt from any provision of any other building code,
including a local building code, that concerns a matter that is dealt with in the
historic building code. Although current law does not contain an administrative
procedure designed specifically to determine whether an owner is entitled to this
exemption, current law does contain a procedure that an owner may follow to resolve
any conflicts between a local order and any order of the department that relates to
the safety of places of employment or certain buildings that are open to the public
(public buildings).
This bill specifies that the historic building code must be liberally interpreted
to facilitate the preservation and restoration of qualified historic buildings. The bill
also creates a specific administrative procedure for determining the extent to which
a provision in a local building code applies to a qualified historic building. The bill
permits the owner of a qualified historic building who has elected to be governed by
the historic building code to request that the department review any decision of a
local governmental unit that requires the owner to comply with a provision in a local
ordinance. The department must review the decision in order to determine whether
the provision in the ordinance concerns a matter dealt with in the historic building
code, in which case the owner would be exempt from the provision. The bill specifies
that, in performing this review, the department must follow the existing procedure
for resolving conflicts between local orders and orders of the department that relate
to the safety of places of employment or public buildings.
This bill also expands the role of the state historical society relating to the
historic building code. Under the bill, the owner of a qualified historic building may
request that the state historical society review certain decisions of the department,
or of a local governmental unit acting as an agent of the department, relating to the
historic building code, variances under the historic building code, or the inspection
of qualified historic buildings for compliance with the historic building code. The
state historical society must review the particular decision and issue an advisory
opinion as to whether the decision or an alternate decision is consistent with the
historic building code. The bill permits the state historical society to negotiate with
the department or the particular local governmental unit to achieve an alternate
decision that would allow the greatest possible degree of restoration and
preservation, while still providing for the health, safety, and welfare of occupants of
and visitors to the qualified historic building. The bill also permits the department
or the particular local governmental unit to modify a reviewed decision, based upon
these negotiations. In addition, the bill requires the department, in cooperation with
the state historical society, to develop an informational pamphlet to increase public
awareness and use of the historic building code.
Historic buildings used as multifamily dwellings
Current law requires the department to promulgate a multifamily dwelling
code that provides uniform standards for the construction of multifamily dwellings
and their components. With certain exceptions, a multifamily dwelling is an
apartment building, row house, town house, condominium, or manufactured
building that does not exceed 60 feet in height or 6 stories and that consists of 3 or
more attached dwelling units. The multifamily dwelling code currently applies to
any building or portion of a building that is converted to a multifamily dwelling after
April 1, 1995, unless the building is a qualified historic building and the owner elects
to be subject to the historic building code. Rules promulgated by the department also
permit a local governmental unit to exercise jurisdiction over the construction and
inspection of multifamily dwellings by adopting ordinances that are consistent with
the multifamily dwelling code. Currently, the multifamily dwelling code contains
specific requirements relating to the type, height, and design of handrails and
guardrails that are required to be used in multifamily dwellings.
This bill permits a local governmental unit to adopt an ordinance that allows
the local governmental unit to grant a variance from these handrail and guardrail
requirements, as they apply to a qualified historic building that is converted from a
single-family dwelling to a multifamily dwelling. Under the bill, the ordinance must
require an owner of a qualified historic building who seeks a variance to show that
the type, height, and design of the handrail or guardrail proposed for installation is
historically appropriate. If the owner makes this showing, the local governmental
unit may grant the variance, as long as the proposed installation is at least as
protective of public safety as the handrail or guardrail that otherwise would have
been required.
Current law requires certain multifamily dwellings to meet design and
construction standards that ensure accessibility for individuals with physical
disabilities. In certain circumstances, these requirements may apply to a qualified
historic building that is remodeled or added to for use as a multifamily dwelling. This
bill specifies that a qualified historic building that is remodeled is exempt from
accessibility requirements that are otherwise triggered by the remodeling of a
multifamily dwelling. The bill also provides that all rules promulgated by the
department relating to the accessibility of multifamily dwellings that are qualified
historic buildings must comply with, and may not exceed, the requirements of the
federal Fair Housing Act and the federal Americans with Disabilities Act, and
regulations promulgated under those acts.
Exemption from fees
Currently, the department must charge fees to recover the costs of certain
services that it provides relating to, among other things, reviewing construction
plans and inspecting public buildings, places of employment, and other building
components and locations that are subject to the department's jurisdiction. This bill
requires the department to waive these fees for services relating to any preservation
or restoration of a building or structure that is more than 100 years old, if the state
historic preservation officer certifies: 1) that the building or structure is listed or
eligible to be listed on the national or state register of historic places or is a building
of historical significance in a district that is listed or eligible to be listed on the
national or state register of historic places; and 2) that the preservation or
restoration plan complies with standards applicable to projects that qualify for an
income tax credit for historic property rehabilitation.
Historic agricultural grant program
This bill directs the state historical society to award grants to owners of historic
agricultural buildings to assist in the restoration of the buildings.
Historic preservation in local governmental units
This bill directs local governmental units to interpret liberally their regulations
that apply to historic structures in order to facilitate the preservation and
restoration of historic buildings and structures.
Study of rural historic preservation
This bill requests the joint legislative council to study methods of promoting
rural historic preservation.
Supplement to the federal historic rehabilitation tax credit
Under current law, a person who owns an income-producing historic building
may claim a federal income tax credit that is equal to 20% of certain costs to
rehabilitate the historic building. To claim the credit, the building must be listed,
or be eligible for listing, on the national register of historic places or located in certain
national, state, or local historic districts and the rehabilitation work must comply
with standards established by the secretary of the interior.
Under current law, a person who may claim the federal income tax credit for
rehabilitating an income-producing historic building may also claim a state income
tax or franchise tax credit that is equal to 5% of certain costs to rehabilitate the
historic building. To claim the credit, the person must include with the person's tax
return evidence that the secretary of the interior approved the rehabilitation work
before the rehabilitation work began.
Under this bill, a person may claim the state income and franchise tax credit
for rehabilitating an income-producing historic building, if the person includes with
the person's tax return evidence that the state historic preservation officer
recommended the rehabilitation work for approval by the secretary of the interior
before the rehabilitation work began.
Under current law, each partner in a partnership is allocated a portion of any
tax credit that the partnership may claim, including the credit for rehabilitating a
historic building, based on each partner's ownership interest. Under this bill, a
partner may also be allocated a portion of the tax credit for rehabilitating a historic
building in a manner specified in an agreement with the other partners, if the
partners notify the department of revenue of the agreement within 30 days after
executing the agreement.
For further information, see the Notes provided by the joint legislative council.
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
multifamily 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
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 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.