LRBs0184/2
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2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 75
November 11, 2013 - Offered by Representative Mursau.
AB75-ASA2,1,9
1An Act to repeal 59.692 (2m) (c), 59.692 (7), 66.0203 (10), 66.0213 (2) (b), 66.0215
2(7) (b) and 66.0216 (8) (b);
to renumber 66.0213 (2) (a), 66.0215 (7) (a) and
366.0216 (8) (a);
to amend 20.370 (3) (ma), 30.2022 (1), 41.41 (8), 59.692 (6m),
466.0217 (8) (a), 66.0219 (6), 66.0223 (1), 66.1001 (3) (q), 70.32 (1g), 93.90 (3) (a)
53., 281.31 (2) (e), 281.31 (8), 281.36 (10), 281.36 (13m), 289.33 (3) (d), 289.35,
6289.43 (7) (c) and 295.607 (1) (a) 2.; and
to create 61.353 and 62.233 of the
7statutes;
relating to: shoreland zoning ordinances that apply to shorelands
8that are annexed by a city or village or that are part of a town incorporated as
9a city or village and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB75-ASA2,1
10Section
1. 20.370 (3) (ma) of the statutes is amended to read:
AB75-ASA2,2,611
20.370
(3) (ma)
General program operations — state funds. From the general
12fund, the amounts in the schedule for regulatory and enforcement operations under
1chs. 30, 31 and 280 to 299 and ss. 44.47, 59.692, 59.693, 61.351,
61.353, 61.354,
262.231,
62.233, 62.234 and 87.30, for reimbursement of the conservation fund for
3expenses incurred for actions taken under s. 323.12 (2) (c); for review of
4environmental impact requirements under ss. 1.11 and 23.40; and for enforcement
5of the treaty-based, off-reservation rights to fish, hunt and gather held by members
6of federally recognized American Indian tribes or bands.
AB75-ASA2,2
7Section
2. 30.2022 (1) of the statutes is amended to read:
AB75-ASA2,2,178
30.2022
(1) Activities affecting waters of the state, as defined in s. 281.01 (18),
9that are carried out under the direction and supervision of the department of
10transportation in connection with highway, bridge, or other transportation project
11design, location, construction, reconstruction, maintenance, and repair are not
12subject to the prohibitions or permit or approval requirements specified under s.
1329.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351,
61.353, 62.231,
1462.233, or 87.30 or chs. 281 to 285 or 289 to 299. However, at the earliest practical
15time prior to the commencement of these activities, the department of transportation
16shall notify the department of the location, nature, and extent of the proposed work
17that may affect the waters of the state.
AB75-ASA2,3
18Section
3. 41.41 (8) of the statutes is amended to read:
AB75-ASA2,2,2519
41.41
(8) Zoning. Notwithstanding ss. 13.48 (13) (a), 59.69 (4), 60.61 (2), 60.62
20(1), 61.35 and 62.23 (7), the Kickapoo valley reserve is not subject to the zoning
21ordinance of any county or municipality, except that any ordinance enacted under s.
2259.692, 61.351,
61.353, 62.231
, 62.233, or 87.30 governing the zoning of floodplains,
23shorelands or wetlands in shorelands and any ordinance that is required by law
24under s. 59.693, 61.354 or 62.234 governing construction site erosion control or storm
25water management applies in the reserve.
AB75-ASA2,4
1Section
4. 59.692 (2m) (c) of the statutes is repealed.
AB75-ASA2,5
2Section
5. 59.692 (6m) of the statutes is amended to read:
AB75-ASA2,3,73
59.692
(6m) For an amendment to an ordinance enacted under this section that
4affects an activity that meets all of the requirements under s. 281.165 (2), (3) (a), or
5(4) (a), the department may not proceed under sub. (6)
or (7) (b) or (c), or otherwise
6review the amendment, to determine whether the ordinance, as amended, fails to
7meet the shoreland zoning standards.
AB75-ASA2,6
8Section
6. 59.692 (7) of the statutes is repealed.
AB75-ASA2,7
9Section
7. 61.353 of the statutes is created to read:
AB75-ASA2,3,11
1061.353 Zoning of annexed or incorporated shorelands. (1) In this
11section:
AB75-ASA2,3,1312
(a) "Principal building" means the main building or structure on a single lot or
13parcel of land and includes any attached garage or attached porch.
AB75-ASA2,3,1414
(b) "Shorelands" has the meaning given in s. 59.692 (1) (b).
AB75-ASA2,3,1515
(c) "Shoreland setback area" has the meaning given in s. 59.692 (1) (bn).
AB75-ASA2,3,18
16(2) Every village shall, on or before the first day of the 7th month beginning
17after the effective date of this subsection .... [LRB inserts date], enact an ordinance
18that applies to all of the following shorelands:
AB75-ASA2,3,2119
(a) A shoreland that was annexed by the village after May 7, 1982, and that
20prior to annexation was subject to a county shoreland zoning ordinance under s.
2159.692.
AB75-ASA2,3,2422
(b) For a village that incorporated after April 30, 1994, under s. 66.0203,
2366.0211, or 66.0213, a shoreland that before incorporation by the village was part of
24a town that was subject to a county shoreland zoning ordinance under s. 59.692.
AB75-ASA2,4,2
1(3) A village ordinance enacted under this section shall include at least all of
2the following provisions:
AB75-ASA2,4,43
(a) A provision establishing a shoreland setback area of at least 50 feet from
4the ordinary high-water mark, except as provided in par. (b).
AB75-ASA2,4,75
(b) A provision authorizing construction or placement of a principal building
6within the shoreland setback area established under par. (a) if all of the following
7apply:
AB75-ASA2,4,108
1. The principal building is constructed or placed on a lot or parcel of land that
9is immediately adjacent on each side to a lot or parcel of land containing a principal
10building.
AB75-ASA2,4,1311
2. The principal building is constructed or placed within a distance equal to the
12average setback of the principal building on the adjacent lots or 35 feet from the
13ordinary high-water mark, whichever distance is greater.
AB75-ASA2,4,1714
(c) 1. A provision requiring a person who owns shoreland property that contains
15vegetation to maintain that vegetation in a vegetative buffer zone along the entire
16shoreline of the property and extending 35 feet inland from the ordinary high-water
17mark of the navigable water, except as provided in subd. 2.
AB75-ASA2,4,2118
2. If the vegetation in a vegetative buffer zone contains invasive species or dead
19or diseased vegetation, the owner of the shoreland property may remove the
20vegetation, except that if the owner removes all of the vegetation in the vegetative
21buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
AB75-ASA2,5,222
(d) A provision allowing a person who is required to maintain or establish a
23vegetative buffer zone under par. (c) to remove all of the vegetation in a part of that
24zone in order to establish a viewing or access corridor that is no greater than 30 feet
1wide for every 100 feet of shoreline frontage and that extends no more than 35 feet
2inland from the ordinary high-water mark.
AB75-ASA2,5,6
3(5) Provisions of a county shoreland zoning ordinance under s. 59.692 that were
4applicable, prior to annexation, to any shoreland annexed by a village after May 7,
51982, shall continue in effect and shall be enforced after annexation by the annexing
6village until the effective date of an ordinance enacted by the village under sub. (2).
AB75-ASA2,5,11
7(6) Provisions of a county shoreland zoning ordinance under s. 59.692 that were
8applicable prior to incorporation to any shoreland that is part of a town that
9incorporates as a village under s. 66.0203, 66.0211, or 66.0213 after April 30, 1994,
10shall continue in effect and shall be enforced after incorporation by the incorporated
11village until the effective date of an ordinance enacted by the village under sub. (2).
AB75-ASA2,5,15
12(7) An ordinance enacted under sub. (2) does not apply to lands adjacent to an
13artificially constructed drainage ditch, pond, or stormwater retention basin if the
14drainage ditch, pond, or retention basin is not hydrologically connected to a natural
15navigable water body.
AB75-ASA2,8
16Section
8. 62.233 of the statutes is created to read:
AB75-ASA2,5,18
1762.233 Zoning of annexed or incorporated shorelands. (1) In this
18section:
AB75-ASA2,5,2019
(a) "Principal building" means the main building or structure on a single lot or
20parcel of land and includes any attached garage or attached porch.
AB75-ASA2,5,2121
(b) "Shorelands" has the meaning given in s. 59.692 (1) (b).
AB75-ASA2,5,2222
(c) "Shoreland setback area" has the meaning given in s. 59.692 (1) (bn).
AB75-ASA2,5,25
23(2) Every city shall, on or before the first day of the 7th month beginning after
24the effective date of this subsection .... [LRB inserts date], enact an ordinance that
25applies to all of the following shorelands:
AB75-ASA2,6,2
1(a) A shoreland that was annexed by the city after May 7, 1982, and that prior
2to annexation was subject to a county shoreland zoning ordinance under s. 59.692.
AB75-ASA2,6,53
(b) For a city that incorporated after April 30, 1994, under s. 66.0203, 66.0211,
466.0213, or 66.025, a shoreland that before incorporation as a city was part of a town
5that was subject to a county shoreland zoning ordinance under s. 59.692.
AB75-ASA2,6,7
6(3) A city ordinance enacted under this section shall include at least all of the
7following provisions:
AB75-ASA2,6,98
(a) A provision establishing a shoreland setback area of at least 50 feet from
9the ordinary high-water mark, except as provided in par. (b).
AB75-ASA2,6,1210
(b) A provision authorizing construction or placement of a principal building
11within the shoreland setback area established under par. (a) if all of the following
12apply:
AB75-ASA2,6,1513
1. The principal building is constructed or placed on a lot or parcel of land that
14is immediately adjacent on each side to a lot or parcel of land containing a principal
15building.
AB75-ASA2,6,1816
2. The principal building is constructed or placed within a distance equal to the
17average setback of the principal building on the adjacent lots or 35 feet from the
18ordinary high-water mark, whichever distance is greater.
AB75-ASA2,6,2219
(c) 1. A provision requiring a person who owns shoreland property that contains
20vegetation to maintain that vegetation in a vegetative buffer zone along the entire
21shoreline of the property and extending 35 feet inland from the ordinary high-water
22mark of the navigable water, except as provided in subd. 2.
AB75-ASA2,7,223
2. If the vegetation in a vegetative buffer zone contains invasive species or dead
24or diseased vegetation, the owner of the shoreland property may remove the
1vegetation, except that if the owner removes all of the vegetation in the vegetative
2buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
AB75-ASA2,7,73
(d) A provision allowing a person who is required to maintain or establish a
4vegetative buffer zone under par. (c) to remove all of the vegetation in a part of that
5zone in order to establish a viewing or access corridor that is no greater than 30 feet
6wide for every 100 feet of shoreline frontage and that extends no more than 35 feet
7inland from the ordinary high-water mark.