AB601: Bill Text

This bill provides that Commerce or a municipality may generally not revoke or modify an approval of a construction or erosion control plan or a variance unless the recipient of the approval consents, provided inaccurate information related to the plan approval or variance, violates a requirement under the plan or variance, or is compensated by Commerce for costs incurred in relying on the plan or variance in the case where Commerce or the municipality acted in error. If Commerce or the municipality did act in error, the bill authorizes Commerce or the municipality to validate the plans or variance, rather than providing the compensation and revoking the approval for the plans or variance, by granting a waiver of the requirement that would be violated.

Approval of connections to and crossings of controlled-access highways

Under current law, the Department of Transportation (DOT) may, with restrictions, designate certain highways as controlled-access highways, which are highways to which access points (entrances and exits) are limited based upon traffic volume and public safety concerns. No driveway, street, or highway may be connected with a controlled-access highway without prior approval by DOT in writing, which approval may only be given if it is in the public interest. Also, if property owned by one person is severed by a controlled-access highway, DOT may permit a crossing of the controlled-access highway at a designated location, to be used solely for travel between the severed parcels under common ownership.

This bill provides that DOT may generally not revoke or modify an approval or permit related to a controlled-access highway connection or crossing unless the recipient of the approval or permit consents, the recipient provided inaccurate information to DOT in obtaining the approval or permit, the recipient violated a term or condition of the approval or permit, or, if DOT gave the approval or granted the permit in error, DOT compensates the recipient for the costs incurred in reliance on having obtained the approval or permit. If DOT gave the approval or granted the permit in error, DOT must either provide such compensation or waive any requirement for the approval or permit that was not satisfied by the person who received the approval or permit in error.

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:

AB601, s. 1 Section 1. 30.2095 (1) (a) of the statutes is renumbered 30.2095 (1) and amended to read:

AB601,4,6 30.2095 (1) Except as provided in par. (b) sub. (2m), every permit or contract issued under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2) is void unless the activity or project is completed within 3 years after the permit or contract was issued.

AB601, s. 2 Section 2. 30.2095 (1) (b) of the statutes is renumbered 30.2095 (2m).

AB601, s. 3 Section 3. 30.2095 (2) of the statutes is repealed.

AB601, s. 4 Section 4. 30.2097 of the statutes is created to read:

AB601,5,3 30.2097 Revoking or modifying individual permits and contracts. (1) Definition. In this section, "recipient" means any person who has received a permit or contract under this subchapter.

AB601,5,6 (2) Limitation on modifications and revocations. The department may not modify or revoke an individual permit issued under this subchapter or a contract entered into under this subchapter unless one of the following applies:

AB601,5,8 (a) The recipient consents to the modification or revocation of the permit or the contract.

AB601,5,10 (b) The recipient provided inaccurate information related to the permit or contract.

AB601,5,12 (c) The recipient violates a requirement or condition contained in the permit or the contract.

AB601,5,15 (d) The department compensates the recipient for the costs incurred in reliance on the permit or contract, if the department issued the permit in error or entered into the contract in error.

AB601,5,17 (e) The recipient submits an application to modify the permit or contract under s. 30.208 or 30.209.

AB601,5,18 (f) The department revokes an individual permit under s. 30.18 (6m).

AB601,5,23 (3) Department authority to validate erroneous permits or contracts. If the department issued a permit in error or entered into a contract in error under this subchapter, the department may validate the permit or contract by granting a waiver of any condition or requirement violated by the activity for which the permit or contract was received instead of providing compensation under sub. (2) (d).

AB601, s. 5 Section 5. 30.437 of the statutes is created to read:

AB601,6,3 30.437 Revoking and conditioning permits. (1) Limitation. The board may not revoke or impose additional conditions on a permit issued under this subchapter unless one of the following applies:

AB601,6,4 (a) The permit holder consents to the revocation or the additional conditions.

AB601,6,5 (b) The permit holder provided inaccurate information relating to the permit.

AB601,6,7 (c) The permit holder violates a performance standard or an existing condition applicable to the permit.

AB601,6,9 (d) The board compensates the permit holder for the costs incurred in reliance on the permit if the board issued the permit in error.

AB601,6,10 (e) The board revokes the permit under s. 30.44 (10) (a) or 30.445 (6).

AB601,6,14 (2) Board authority to validate erroneous permits. If the board issued a permit under this subchapter in error, the board may validate the permit by granting a waiver of any condition or performance standard violated by the activity for which the permit was issued instead of providing compensation under sub. (1) (d).

AB601, s. 6 Section 6. 30.772 (3) (d) 3. and 4. of the statutes are amended to read:

AB601,6,19 30.772 (3) (d) 3. After a mooring permit is issued, the governing body of a municipality may revoke the mooring permit subject to sub. (4m), if the mooring subsequently violates any provision of this section or any local regulation adopted under this section.

AB601,6,22 4. The Except as provided in sub. (4m), the provisions and procedures of ch. 68 shall apply to the grant issuance, denial, or revocation of a mooring permit by a municipality.

AB601, s. 7 Section 7. 30.772 (4m) of the statutes is created to read:

AB601,7,2 30.772 (4m) Restrictions on revoking and conditioning permits. (a) The department or the governing body of a municipality may not revoke, withdraw its approval, or place an additional restriction or condition on a mooring permit under this section unless one of the following applies:

AB601,7,4 1. The permit holder consents to the revocation or additional condition or restriction.

AB601,7,5 2. The permit holder provided inaccurate information relating to the permit.

AB601,7,7 3. The permit holder violates a requirement or existing condition applicable to the permit.

AB601,7,9 4. The department or the governing body compensates the permit holder for the costs incurred in reliance on the permit if the department issued the permit in error.

AB601,7,14 (b) If the department or a governing body of a municipality issued a mooring permit under this section in error, the department or the governing body may validate the permit by granting a waiver of any requirement or condition violated by the mooring for which the permit was issued instead of providing compensation under par. (a) 4.

AB601, s. 8 Section 8. 31.045 (3) of the statutes is created to read:

AB601,7,18 31.045 (3) (a) The department or a drainage board may not revoke, withdraw its approval, or place an additional restriction or condition on a permit issued for a dam that is subject to this section, unless one of the following applies:

AB601,7,20 1. The permit holder consents to the revocation or additional condition or restriction.

AB601,7,21 2. The permit holder provided inaccurate information relating to the permit.

AB601,7,23 3. The permit holder violates a requirement or existing condition or restriction applicable to the permit.

AB601,7,25 4. The department or the drainage board compensates the permit holder for the costs incurred in reliance on the permit if the department issued the permit in error.

AB601,8,5 (b) If the department issued, or the drainage board approved, a permit for a dam subject to this section in error, the department may validate the permit by granting a waiver of any requirement or condition violated by the dam construction, raising, or enlarging for which the permit was issued instead of providing compensation under par. (a) 4.

AB601, s. 9 Section 9. 59.69 (16) of the statutes is created to read:

AB601,8,8 59.69 (16) Revoking or modifying permits or written approvals. (a) In this subsection:

AB601,8,10 1. "Permit" means any written permit or approval granted to a recipient that relates to a zoning ordinance enacted under this section.

AB601,8,11 2. "Recipient" means any person who has received a permit.

AB601,8,13 (b) A county may not revoke or modify a permit unless one of the following applies:

AB601,8,14 1. The recipient consents to the revocation or modification of the permit.

AB601,8,16 2. The recipient provided inaccurate information in applying for or obtaining the permit.

AB601,8,17 3. The recipient violates a condition in the permit.

AB601,8,19 4. The county compensates the recipient for the costs incurred in reliance on the permit if the county issued the permit in error.

AB601,8,22 (c) If the county issued the permit in error, the county may grant a special exception or variance, under s. 59.694, of any requirement violated by the activity for which the permit was issued instead of providing compensation under par. (b) 4.

AB601, s. 10 Section 10. 60.61 (7) of the statutes is created to read:

AB601,8,25 60.61 (7) Revoking or modifying permits or written approvals. (a) In this subsection:

AB601,9,2 1. "Permit" means any written permit or approval granted to a recipient that relates to a zoning ordinance enacted under this section.

AB601,9,3 2. "Recipient" means any person who has received a permit.

AB601,9,5 (b) A town may not revoke or modify a permit unless one of the following applies:

AB601,9,6 1. The recipient consents to the revocation or modification of the permit.

AB601,9,8 2. The recipient provided inaccurate information in applying for or obtaining the permit.

AB601,9,9 3. The recipient violates a condition in the permit.

AB601,9,11 4. The town compensates the recipient for the costs incurred in reliance on the permit if the town issued the permit in error.

AB601,9,15 (c) If the town issued the permit in error, the town may grant a special exception or variance, using the standards described in s. 59.694 (7), of any requirement violated by the activity for which the permit was issued instead of providing compensation under par. (b) 4.

AB601, s. 11 Section 11. 62.23 (7) (j) of the statutes is created to read:

AB601,9,18 62.23 (7) (j) Revoking or modifying permits or written approvals. 1. In this paragraph:

AB601,9,20 a. "Permit" means any written permit or approval granted to a recipient that relates to a zoning ordinance enacted under this section.

AB601,9,21 b. "Recipient" means any person who has received a permit.

AB601,9,22 2. A city may not revoke or modify a permit unless one of the following applies:

AB601,9,23 a. The recipient consents to the revocation or modification of the permit.

AB601,9,25 b. The recipient provided inaccurate information in applying for or obtaining the permit.

AB601,10,1 c. The recipient violates a condition in the permit.

AB601,10,3 d. The city compensates the recipient for the costs incurred in reliance on the permit if the city issued the permit in error.

AB601,10,6 3. If the city issued the permit in error, the city may grant a special exception or variance, under par. (e), of any requirement violated by the activity for which the permit was issued instead of providing compensation under subd. 2. d.

AB601, s. 12 Section 12. 84.25 (14) of the statutes is created to read:

AB601,10,13 84.25 (14) Revoking or modifying a permit or approval. (a) Except as provided in par. (b), after an approval is given under sub. (4) or a permit is granted under sub. (7), the department may not revoke or modify the approval or permit unless the person receiving the approval or permit consents to the revocation or modification, provided inaccurate information to the department in obtaining the approval or permit, or has violated a term or condition of the approval or permit.

AB601,10,22 (b) The department may revoke or modify an approval given under sub. (4) or a permit granted under sub. (7) if the department gave the approval or granted the permit in error and the department compensates the person receiving the approval or permit for the costs incurred by the person in reliance on having obtained the approval or permit. Unless the department provides compensation under this paragraph, the department shall waive any requirement that was not satisfied by a person receiving an approval or permit in error and that would have prevented the department from giving the approval or granting the permit absent the department's error.

AB601, s. 13 Section 13. 101.12 (2) of the statutes is amended to read:

AB601,11,3 101.12 (2) Plans of said buildings, structures, and components shall be examined for compliance with the rules of the department, and a statement of the examination and approval shall be returned to the designer and owner before construction is started. Nothing in this section shall relieve the designer of the responsibility for designing a safe building, structure, or component.

AB601, s. 14 Section 14. 101.12 (3) (a) of the statutes is amended to read:

AB601,11,8 101.12 (3) (a) Accept the examination and approval of essential drawings, calculations, and specifications in accordance with sub. (1) performed by cities of the 1st class provided the same are examined and approved in a manner approved by the department.

AB601, s. 15 Section 15. 101.12 (3) (am) 1., 2. and 4. of the statutes are amended to read:

AB601,11,12 101.12 (3) (am) 1. Accept the examination and approval of essential drawings, calculations, and specifications in accordance with sub. (1) performed by a 2nd class city in conformity with the requirements of this paragraph.

AB601,11,15 2. The department shall promulgate rules for the administration of a program to certify 2nd class cities to perform the examination and approval of essential drawings, calculations, and specifications in accordance with sub. (1).

AB601,11,17 4. Owners An owner within the 2nd class city may obtain examinations a statement of examination and approval from the city or the department.

AB601, s. 16 Section 16. 101.12 (3) (b) of the statutes is amended to read: