LRB-1591/4
EVM:jld:jf
2013 - 2014 LEGISLATURE
September 23, 2013 - Introduced by Representatives Murphy, Barca, Jacque,
Steineke, Bewley, Bernier, Ballweg, Petryk and Vruwink, cosponsored by
Senators Lasee and Gudex. Referred to Committee on Housing and Real
Estate.
AB386,1,3
1An Act to create 66.10015 of the statutes;
relating to: the effect of changes in
2requirements for development-related permits or authorizations on persons
3who apply for the permits or authorizations.
Analysis by the Legislative Reference Bureau
Under current law, a city, village, or town that is authorized to exercise village
powers or a county (political subdivision) is authorized to enact zoning ordinances
that regulate and restrict the height, number of stories, and size of buildings and
other structures, the percentage of lot that may be occupied, the size of yards and
other open spaces, the density of population, and the location and use of buildings,
structures, and land for various purposes. Also under current law, case law provides
that where substantial rights have vested, zoning ordinances cannot be applied
retroactively.
Under this bill, if a person has submitted an application for a permit or
authorization for building, zoning, driveway, stormwater, or other activity related to
residential, commercial, or industrial development (approval), the political
subdivision must approve, deny, or conditionally approve the application based on
regulations, ordinances, rules, or other properly adopted requirements in effect at
the time the application for an approval is submitted to the political subdivision
(existing requirements). In addition, if a project requires more than one approval or
approvals from more than one political subdivision, the existing requirements
applicable in each political subdivision at the time of filing the application for the
first approval required for the project are applicable to all subsequent approvals
required for the project.
Under this bill, an application for approval is submitted upon delivery of the
application to the political subdivision or deposit of the application with the U.S.
Postal Service for mailing by certified mail. An application for approval expires 60
days after filing if the application does not comply with form and content
requirements, the political subdivision provides notice of the noncompliance, and the
applicant fails to remedy the noncompliance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB386,1
1Section
1. 66.10015 of the statutes is created to read:
AB386,2,3
266.10015 Limitation on development regulation authority. (1) 3Definitions. In this section:
AB386,2,64
(a) "Approval" means a permit or authorization for building, zoning, driveway,
5stormwater, or other activity related to residential, commercial, or industrial
6development.
AB386,2,97
(b) "Existing requirements" means regulations, ordinances, rules, or other
8properly adopted requirements of a political subdivision that are in effect at the time
9the application for an approval is submitted to the political subdivision.
AB386,2,1010
(c) "Political subdivision" means a city, village, town, or county.
AB386,2,17
11(2) Use of existing requirements. (a) Except as provided under par. (b) or s.
1266.0401, if a person has submitted an application for an approval, the political
13subdivision shall approve, deny, or conditionally approve the application solely based
14on existing requirements. An application is filed under this section on the date that
15the applicant delivers the application to the political subdivision or deposits the
16application with the U.S. postal service for mailing by certified mail in an envelope
17addressed to the political subdivision.
AB386,3,218
(b) If a project requires more than one approval or approvals from more than
19one political subdivision, the existing requirements applicable in each political
1subdivision at the time of filing the application for the first approval required for the
2project shall be applicable to all subsequent approvals required for the project.
AB386,3,43
(c) An application for an approval shall expire not less than 60 days after filing
4if all of the following apply:
AB386,3,55
1. The application does not comply with form and content requirements.
AB386,3,96
2. Not more than 10 days after filing, the political subdivision provides the
7applicant with written notice of the noncompliance. The notice shall specify the
8nature of the noncompliance and the date on which the application will expire if the
9noncompliance is not remedied.
AB386,3,1110
3. The applicant fails to remedy the noncompliance before the date provided in
11the notice.
AB386,2
12Section
2.
Initial applicability.
AB386,3,1413
(1) This act first applies to an application for an approval that is submitted on
14the effective date of this subsection.
