SB183-SSA1,13
9Section
13. 66.0215 (7) (b) of the statutes is repealed.
SB183-SSA1,14
10Section
14. 66.0216 (8) (a) of the statutes is renumbered 66.0216 (8).
SB183-SSA1,15
11Section
15. 66.0216 (8) (b) of the statutes is repealed.
SB183-SSA1,16
12Section
16. 66.0217 (8) (a) of the statutes is amended to read:
SB183-SSA1,9,213
66.0217
(8) (a) An ordinance for the annexation of the territory described in the
14annexation petition under sub. (3) may be enacted by a two-thirds vote of the elected
15members of the governing body not less than 20 days after the publication of the
16notice of intention to circulate the petition and not later than 120 days after the date
17of filing with the city or village clerk of the petition for annexation or of the
18referendum election if favorable to the annexation. If the annexation is subject to
19sub. (6) the governing body shall first review the reasons given by the department
20that the proposed annexation is against the public interest.
Subject to s. 59.692 (7),
21an An ordinance under this subsection may temporarily designate the classification
22of the annexed area for zoning purposes until the zoning ordinance is amended as
23prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing a
24temporary classification, the proposed classification shall be referred to and
25recommended by the plan commission. The authority to make a temporary
1classification is not effective when the county ordinance prevails during litigation as
2provided in s. 59.69 (7).
SB183-SSA1,17
3Section
17. 66.0219 (6) of the statutes is amended to read:
SB183-SSA1,9,124
66.0219
(6) Temporary zoning of area proposed to be annexed. An interim
5zoning ordinance to become effective only upon approval of the annexation at the
6referendum election may be enacted by the governing body of the city or village.
7Subject to s. 59.692 (7), the The ordinance may temporarily designate the
8classification of the annexed area for zoning purposes until the zoning ordinance is
9amended as prescribed in s. 62.23 (7) (d). The proposed interim zoning ordinance
10shall be referred to and recommended by the plan commission prior to introduction.
11Authority to make a temporary classification is not effective when the county zoning
12ordinance prevails during litigation as provided in s. 59.69 (7).
SB183-SSA1,18
13Section
18. 66.0223 (1) of the statutes is amended to read:
SB183-SSA1,9,2514
66.0223
(1) In addition to other methods provided by law and subject to sub.
15(2) and ss.
59.692 (7), 66.0301 (6) (d)
, and 66.0307 (7), territory owned by and lying
16near but not necessarily contiguous to a village or city may be annexed to a village
17or city by ordinance enacted by the board of trustees of the village or the common
18council of the city, provided that in the case of noncontiguous territory the use of the
19territory by the city or village is not contrary to any town or county zoning regulation.
20The ordinance shall contain the exact description of the territory annexed and the
21names of the towns from which detached, and attaches the territory to the village or
22city upon the filing of 7 certified copies of the ordinance in the office of the secretary
23of state, together with 7 copies of a plat showing the boundaries of the territory
24attached. Two copies of the ordinance and plat shall be forwarded by the secretary
25of state to the department of transportation, one copy to the department of
1administration, one copy to the department of natural resources, one copy to the
2department of revenue and one copy to the department of public instruction. Within
310 days of filing the certified copies, a copy of the ordinance and plat shall be mailed
4or delivered to the clerk of the county in which the annexed territory is located.
5Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.
SB183-SSA1,19
6Section
19. 66.1001 (3) (q) of the statutes is amended to read:
SB183-SSA1,10,87
66.1001
(3) (q) Shorelands or wetlands in shorelands zoning ordinances
8enacted or amended under s. 59.692, 61.351
or, 61.353, 62.231
, or 62.233.
SB183-SSA1,20
9Section
20. 70.32 (1g) of the statutes is amended to read:
SB183-SSA1,10,1710
70.32
(1g) In addition to the factors set out in sub. (1), the assessor shall
11consider the effect on the value of the property of any zoning ordinance under s.
1259.692, 61.351
or, 61.353, 62.231,
or 62.233, any conservation easement under s.
13700.40, any conservation restriction under an agreement with the federal
14government and any restrictions under ch. 91. Beginning with the property tax
15assessments as of January 1, 2000, the assessor may not consider the effect on the
16value of the property of any federal income tax credit that is extended to the property
17owner under section
42 of the Internal Revenue Code.
SB183-SSA1,21
18Section
21. 93.90 (3) (a) 3. of the statutes is amended to read:
SB183-SSA1,10,2119
93.90
(3) (a) 3. The proposed new or expanded livestock facility violates an
20ordinance adopted under s. 59.692, 59.693, 60.627, 61.351,
61.353, 61.354, 62.231,
2162.233, 62.234, or 87.30.
SB183-SSA1,22
22Section
22. 281.31 (2) (e) of the statutes is amended to read:
SB183-SSA1,11,223
281.31
(2) (e) "Regulation" means ordinances enacted under ss. 59.692, 61.351,
2461.353, 62.23 (7)
and 62.231
, and 62.233 and refers to subdivision and zoning
25regulations which include control of uses of lands under, abutting
, or lying close to
1navigable waters for the purposes specified in sub. (1), pursuant to any of the zoning
2and subdivision control powers delegated by law to cities, villages
, and counties.
SB183-SSA1,23
3Section
23. 281.31 (8) of the statutes is amended to read:
SB183-SSA1,11,54
281.31
(8) This section and ss. 59.692, 61.351
and, 61.353, 62.231
, and 62.233 5shall be construed together to accomplish the purposes and objective of this section.
SB183-SSA1,24
6Section
24. 281.36 (10) of the statutes is amended to read:
SB183-SSA1,11,157
281.36
(10) Additional requirements. The requirement of being issued a
8wetland individual permit or proceeding under the authority of a wetland general
9permit under this section is in addition to any permit or other approval required by
10the department for a project or activity that involves a discharge into a wetland. This
11section governs the determination of whether a discharge is in compliance with
12water quality standards but does not affect the authority of the department to
13otherwise regulate the discharge of dredged or fill material in a wetland under ss.
1459.692, 61.351,
61.353, 62.231,
62.233, 87.30, 281.11 to 281.35, 281.41 to 281.47, or
15281.49 to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
SB183-SSA1,25
16Section
25. 281.36 (13m) of the statutes is amended to read:
SB183-SSA1,11,2217
281.36
(13m) Report to legislature. No later than January 31, 2003, and no
18later than January 31 of each subsequent odd-numbered year, the department shall
19submit to the legislature under s. 13.172 (2) a report that provides an analysis of the
20impact of the implementation of mitigation on wetland resources and on the issuance
21of permits or other approvals under ss. 59.692, 61.351,
61.353, 62.231,
62.233, 87.30,
22281.11 to 281.47 or 281.49 to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
SB183-SSA1,12,18
1289.33
(3) (d) "Local approval" includes any requirement for a permit, license,
2authorization, approval, variance or exception or any restriction, condition of
3approval or other restriction, regulation, requirement or prohibition imposed by a
4charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
5a town, city, village, county or special purpose district, including without limitation
6because of enumeration any ordinance, resolution or regulation adopted under s.
791.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
8(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
9(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
10(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
11(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4),
12(5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57
13(1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1),
14(2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and
15(10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35,
1661.351,
61.353, 61.354, 62.11, 62.23, 62.231,
62.233, 62.234, 66.0101, 66.0415, 87.30,
17196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch.
1891.
SB183-SSA1,13,2
21289.35 Shoreland and floodplain zoning. Solid waste facilities are
22prohibited within areas under the jurisdiction of shoreland and floodplain zoning
23regulations adopted under ss. 59.692, 61.351,
61.353, 62.231,
62.233, 87.30, and
24281.31, except that the department may issue permits authorizing facilities in such
1areas. If the department issues a permit under this section, the permit shall specify
2the location, height, and size of the solid waste facility authorized under the permit.
SB183-SSA1,28
3Section
28. 289.43 (7) (c) of the statutes is amended to read:
SB183-SSA1,13,114
289.43
(7) (c) The department shall approve the requester's exemption
5proposal if the department finds that the proposal, as approved, will comply with this
6chapter and chs. 30, 31, 160 and 280 to 299 and ss. 1.11, 23.40, 59.692, 59.693, 60.627,
761.351,
61.353, 61.354, 62.231,
62.233, 62.234 and 87.30. If the proposal does not
8comply with one or more of the requirements specified in this paragraph, the
9department shall provide a written statement describing how the proposal fails to
10comply with those requirements. The department shall respond to an application for
11an exemption under this subsection within 90 days.
SB183-SSA1,13,1614
295.607
(1) (a) 2. "Shoreland zoning ordinance" means a shoreland zoning
15ordinance or regulation adopted under s. 59.692, 61.351,
61.353, 62.231,
62.233, or
16281.31.