LRB-2020/1
RCT/ARG/MGG/MES:lmk:rs
2005 - 2006 LEGISLATURE
August 9, 2005 - Introduced by Representatives Albers and Musser. Referred to
Committee on Property Rights and Land Management.
AB601,1,7 1An Act to repeal 30.2095 (2); to renumber 30.2095 (1) (b); to renumber and
2amend
30.2095 (1) (a); to amend 30.772 (3) (d) 3. and 4., 101.12 (2), 101.12 (3)
3(a), 101.12 (3) (am) 1., 2. and 4., 101.12 (3) (b), 101.12 (3) (br), 101.12 (3) (h) and
4283.53 (2) (a) (intro.); and to create 30.2097, 30.437, 30.772 (4m), 31.045 (3),
559.69 (16), 60.61 (7), 62.23 (7) (j), 84.25 (14), 101.12 (4), 101.1205 (6m), 281.38
6and 283.53 (2r) of the statutes; relating to: revoking, modifying, or imposing
7conditions on certain approvals.
Analysis by the Legislative Reference Bureau
This bill places limits on the situations in which political subdivisions and
certain state agencies may revoke or change some types of approvals that they issue.
Political subdivisions
Generally, under current law, a political subdivision (a city, village, town, or
county) is authorized to enact zoning ordinances. A zoning ordinance may
determine, establish, regulate, and restrict land use in various ways, including
specifying the following: the areas within which certain activities may be conducted,
the location of roads and schools, building setback lines, and the percentage of a lot
which may be occupied.
Under this bill, a political subdivision may not revoke or modify a permit or
approval that has been granted to a person, that relates to a zoning ordinance, unless

the permit recipient consents, the recipient provided inaccurate information relating
to the permit, the recipient violates a condition of the permit, or, if the political
subdivision issues the permit in error, the political subdivision compensates the
recipient for the costs incurred in reliance on the permit. If the permit was issued
in error, the bill also authorizes a political subdivision, instead of providing
compensation, to grant a special exception or variance of any requirement violated
by the activity for which the permit was issued.
Water quality certification
Under current law, the Department of Natural Resources (DNR) issues water
quality certifications to persons who wish to engage in activities that may result in
discharges to lakes, rivers, or wetlands.
This bill provides that DNR may generally not revoke or modify a water quality
certification unless the recipient of the certification consents, the recipient provided
inaccurate information related to the certification, or, if DNR issued the certification
in error, DNR compensates the recipient for the costs incurred in reliance on the
certification. If DNR issues a water quality certification in error, the bill authorizes
DNR to validate the certification, rather than providing compensation and
modifying or revoking it, by granting a waiver of the requirement that would be
violated by the activity for which the certification was granted, unless a waiver would
violate the federal Water Pollution Control Act.
Construction site storm water discharge permit
Under current law, DNR issues permits for storm water discharges from certain
construction sites. Current law authorizes DNR to revoke, suspend, or modify a
storm water discharge permit that covers a construction site for cause.
This bill provides that DNR may generally not revoke, suspend, or modify a
storm water discharge permit that covers a construction site for a cause other than
a violation of the permit or providing inaccurate information related to the permit,
unless DNR compensates the recipient for the costs incurred in reliance on the
permit. If DNR issues a construction site storm water discharge permit in error, the
bill authorizes DNR to validate the permit, rather than providing compensation and
revoking, suspending, or modifying it, by granting a waiver of the requirement that
would be violated by the activity for which the certification was granted, unless a
waiver would violate the federal Water Pollution Control Act.
Individual permits and contracts affecting activities in or near navigable
waters
Under current law, DNR issues individual permits for the placement of
structures in navigable waters and for other activities related to navigable waters
and enters into contracts for the removal of material from the beds of navigable
waters. Current law authorizes DNR to modify or revoke any such contract or permit
for good cause.
This bill provides that DNR may generally not revoke or modify such a permit
or contract unless the recipient of the permit or contract consents, provided
inaccurate information related to the permit or contract, violates the permit or
contract, or is compensated by DNR for costs incurred in relying on the permit or
contract in the case where DNR in error issued the permit or entered into the

contract. If DNR does issue a permit or enter into a contract in error, the bill
authorizes DNR to validate the permit or contract, rather than providing the
compensation and revoking the permit or contract, by granting a waiver of the
requirement that would be violated by the activity subject to the permit or contract.
Under the bill, similar provisions apply to permits issued either by the DNR or a
municipality for the placement of moorings in navigable waters and to permits
issued by DNR and approved by drainage boards for dams that affect the water levels
in drainage districts.
Under current law, special provisions for revocations of permits for the
diversion of water from lakes and streams apply. These provisions are not affected
by the bill.
Under current law, the Lower Wisconsin Riverway Board (Riverway Board)
issues permits relating to structures, forestry activities, mining activities, and
utility facilities in the Lower Wisconsin State Riverway, which is an area designated
by along the Wisconsin State Riverway downstream from Prairie du Sac. With very
limited exceptions, this bill imposes the same limitations described above on the
Riverway Board in revoking and conditioning these permits as are imposed on DNR
for activities affecting navigable waters.
Approval of plans and variances for public buildings and places of
employment
Current law generally requires that the Department of Commerce (Commerce)
promulgate rules regulating the construction of public buildings (buildings that are
used by the public or by three of more tenants) and buildings that are places of
employment. These rules cover such things as the building's proposed heating,
ventilation, and air conditioning systems, fire detection systems, and elevator
systems. With certain exceptions, current law requires Commerce to review plans
for the construction of these buildings to ensure that the proposed construction
complies with Commerce's rules and to review certain variances for these
construction projects that are issued by certain municipalities.
Current law also requires Commerce, in conjunction with DNR, to promulgate
rules creating statewide standards for erosion control at building sites for the public
buildings and buildings that are places of employments. With certain exceptions,
current law requires approvals of erosion control plans by either Commerce or by a
municipality to which Commerce has delegated this approval authority.
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 1Section 1. 30.2095 (1) (a) of the statutes is renumbered 30.2095 (1) and
2amended to read:
AB601,4,63 30.2095 (1) Except as provided in par. (b) sub. (2m), every permit or contract
4issued under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2)
5is void unless the activity or project is completed within 3 years after the permit or
6contract was issued.
AB601, s. 2 7Section 2. 30.2095 (1) (b) of the statutes is renumbered 30.2095 (2m).
AB601, s. 3 8Section 3. 30.2095 (2) of the statutes is repealed.
AB601, s. 4 9Section 4. 30.2097 of the statutes is created to read:
AB601,5,3
130.2097 Revoking or modifying individual permits and contracts. (1)
2Definition. In this section, "recipient" means any person who has received a permit
3or contract under this subchapter.
AB601,5,6 4(2) Limitation on modifications and revocations. The department may not
5modify or revoke an individual permit issued under this subchapter or a contract
6entered into under this subchapter unless one of the following applies:
AB601,5,87 (a) The recipient consents to the modification or revocation of the permit or the
8contract.
AB601,5,109 (b) The recipient provided inaccurate information related to the permit or
10contract.
AB601,5,1211 (c) The recipient violates a requirement or condition contained in the permit
12or the contract.
AB601,5,1513 (d) The department compensates the recipient for the costs incurred in reliance
14on the permit or contract, if the department issued the permit in error or entered into
15the contract in error.
AB601,5,1716 (e) The recipient submits an application to modify the permit or contract under
17s. 30.208 or 30.209.
AB601,5,1818 (f) The department revokes an individual permit under s. 30.18 (6m).
AB601,5,23 19(3) Department authority to validate erroneous permits or contracts. If the
20department issued a permit in error or entered into a contract in error under this
21subchapter, the department may validate the permit or contract by granting a waiver
22of any condition or requirement violated by the activity for which the permit or
23contract was received instead of providing compensation under sub. (2) (d).
AB601, s. 5 24Section 5. 30.437 of the statutes is created to read:
AB601,6,3
130.437 Revoking and conditioning permits. (1) Limitation. The board
2may not revoke or impose additional conditions on a permit issued under this
3subchapter unless one of the following applies:
AB601,6,44 (a) The permit holder consents to the revocation or the additional conditions.
AB601,6,55 (b) The permit holder provided inaccurate information relating to the permit.
AB601,6,76 (c) The permit holder violates a performance standard or an existing condition
7applicable to the permit.
AB601,6,98 (d) The board compensates the permit holder for the costs incurred in reliance
9on the permit if the board issued the permit in error.
AB601,6,1010 (e) The board revokes the permit under s. 30.44 (10) (a) or 30.445 (6).
AB601,6,14 11(2) Board authority to validate erroneous permits. If the board issued a
12permit under this subchapter in error, the board may validate the permit by granting
13a waiver of any condition or performance standard violated by the activity for which
14the permit was issued instead of providing compensation under sub. (1) (d).
AB601, s. 6 15Section 6. 30.772 (3) (d) 3. and 4. of the statutes are amended to read:
AB601,6,1916 30.772 (3) (d) 3. After a mooring permit is issued, the governing body of a
17municipality may revoke the mooring permit subject to sub. (4m), if the mooring
18subsequently violates any provision of this section or any local regulation adopted
19under this section.
AB601,6,2220 4. The Except as provided in sub. (4m), the provisions and procedures of ch. 68
21shall apply to the grant issuance, denial, or revocation of a mooring permit by a
22municipality.
AB601, s. 7 23Section 7. 30.772 (4m) of the statutes is created to read:
AB601,7,224 30.772 (4m) Restrictions on revoking and conditioning permits. (a) The
25department or the governing body of a municipality may not revoke, withdraw its

1approval, or place an additional restriction or condition on a mooring permit under
2this section unless one of the following applies:
AB601,7,43 1. The permit holder consents to the revocation or additional condition or
4restriction.
AB601,7,55 2. The permit holder provided inaccurate information relating to the permit.
AB601,7,76 3. The permit holder violates a requirement or existing condition applicable to
7the permit.
AB601,7,98 4. The department or the governing body compensates the permit holder for the
9costs incurred in reliance on the permit if the department issued the permit in error.
AB601,7,1410 (b) If the department or a governing body of a municipality issued a mooring
11permit under this section in error, the department or the governing body may
12validate the permit by granting a waiver of any requirement or condition violated by
13the mooring for which the permit was issued instead of providing compensation
14under par. (a) 4.
AB601, s. 8 15Section 8. 31.045 (3) of the statutes is created to read:
AB601,7,1816 31.045 (3) (a) The department or a drainage board may not revoke, withdraw
17its approval, or place an additional restriction or condition on a permit issued for a
18dam that is subject to this section, unless one of the following applies:
AB601,7,2019 1. The permit holder consents to the revocation or additional condition or
20restriction.
AB601,7,2121 2. The permit holder provided inaccurate information relating to the permit.
AB601,7,2322 3. The permit holder violates a requirement or existing condition or restriction
23applicable to the permit.
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