SB394: Bill Text

SB394,40 Section 40. 236.02 (9b) of the statutes is created to read:

SB394,21,11 236.02 (9b) "Professional land surveyor" means a professional land surveyor licensed under ch. 443.

SB394,41 Section 41. 236.025 of the statutes is created to read:

SB394,21,14 236.025 Ordinary high water marks. (1) For purposes of ss. 236.15 (1) (ag) and (d) and 236.20 (2) (g), a professional land surveyor may do any of the following:

SB394,21,17 (a) Incorporate into a map, plat, or survey an ordinary high water mark that has been determined by the department of natural resources or otherwise determined pursuant to law.

SB394,21,19 (b) Approximate the ordinary high water mark and incorporate that mark into a map, plat, or survey.

SB394,21,25 (2) For purposes of sub. (1) (b), the location of the approximate ordinary high water mark shall be the point on the bank of a navigable perennial stream or on the shore of a lake up to which the presence and action of surface water is so continuous as to leave a distinctive mark by erosion, destruction, prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

SB394,22,3 (3) For purposes of this section, a map, plat, or survey that shows an approximate ordinary high water mark shall state on its face that the mark is shown for reference only.

SB394,42 Section 42. 236.03 (2) of the statutes is amended to read:

SB394,22,8 236.03 (2) This chapter does not apply to cemetery plats made under s. 157.07 and assessors' plats made under s. 70.27, but such assessors' plats shall, except in counties having a population of 500,000 or more, comply with ss. 236.15 (1) (a) (ac) to (g) and 236.20 (1) and (2) (a) to (e), unless waived under s. 236.20 (2) (L).

SB394,43 Section 43. 236.11 (2) of the statutes is renumbered 236.11 (2) (a) and amended to read:

SB394,23,2 236.11 (2) (a) The subdivider or subdivider's agent shall submit to the body or bodies having authority to approve plats an electronic copy of the final plat or a copy of the final plat that is capable of legible reproduction. The approving authority or authorities shall approve or reject the final plat within 60 days of its submission, unless the time is extended by agreement with the subdivider or subdivider's agent. When the approving authority is a municipality and determines to approve the plat, it shall give at least 10 days' prior written notice of its intention to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of such proposed plat but failure to give such notice shall not invalidate any such plat. If a plat is rejected, the reasons therefor shall be stated in the minutes of the meeting and a copy thereof or a written statement of the reasons shall be supplied to the subdivider or subdivider's agent. If the approving authority fails to act within 60 days and the time has not been extended by agreement and if no unsatisfied objections have been filed within that period, the plat shall be deemed approved, and, upon demand, a certificate to that effect shall be made on the face of the plat by the clerk of the authority which that has failed to act.

SB394,44 Section 44. 236.11 (2) (b) of the statutes is created to read:

SB394,23,11 236.11 (2) (b) The approval of the approving authority or authorities may be based on the copy submitted under par. (a) but the approval must be inscribed on the recordable plat document. Before inscribing its approval, the approving authority shall require the subdivider or subdivider's agent to certify the respects in which the recordable plat document differs from the copy, if any. An approving authority must approve all modifications in the final plat before it gives final approval to the plat. No approving authority may inscribe its final approval on a plat before the affixing of the certificate by the department under s. 236.12 (3).

SB394,45 Section 45. 236.12 (2) (intro.) and (a) of the statutes are consolidated, renumbered 236.12 (2) (ap) and amended to read:

SB394,24,9 236.12 (2) (ap) Within 2 days after a preliminary or final plat is submitted for approval, legible copies, together with a list of the authorities to which the plat must be submitted for approval under s. 236.10 or objection under this subsection, furnished by the subdivider at the subdivider's expense, shall be sent, by the clerk or secretary of the approving authority to which the plat is submitted, to the following agencies which have authority under par. (ac), the department shall transmit an electronic copy of the plat, or, if the department prefers, 2 legible hard copies of the plat, to each state agency authorized to object to the plat: (a) Two copies for each of the state agencies required to review the plat to the department which shall examine the plat for compliance with ss. 236.15, 236.16, 236.20 and 236.21 (1) and (2) under this paragraph. If the subdivision abuts or adjoins a state trunk highway or connecting highway, the department shall transmit 2 a copy or copies of the plat to the department of transportation so that the agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. If the subdivision is not served by a public sewer and provision for that service has not been made, the department shall transmit 2 a copy or copies of the plat to the department of safety and professional services so that that the agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. In lieu of this procedure the agencies may designate local officials to act as their agents in examining the plats for compliance with the statutes or their rules by filing a written delegation of authority with the approving body.

SB394,46 Section 46. 236.12 (2) (ac) of the statutes is created to read:

SB394,24,14 236.12 (2) (ac) The subdivider or subdivider's agent shall submit an electronic copy of the preliminary or final plat, or a copy of the preliminary or final plat that is capable of clearly legible reproduction, to the department, which shall examine the plat for compliance with ss. 236.15, 236.16, 236.20, and 236.21 (1) and (2).

SB394,47 Section 47. 236.12 (2) (b) of the statutes is amended to read:

SB394,25,3 236.12 (2) (b) Four copies Within 2 days after a preliminary or final plat is submitted under par. (ac), the department shall transmit an electronic copy of the plat, or, if the department prefers, 4 legible hard copies of the plat, to the county planning agency, if the agency employs on a full-time basis a professional engineer, a planner, or other person charged with the duty of administering planning legislation and adopts a policy requiring submission so that the body may determine if it has any objection to the plat on the basis of a conflict with park, parkway, expressway, major highways, airports, drainage channels, schools, or other planned public developments. If no county planning agency exists, then 2 copies to the county park commission except that in a county with a county executive or county administrator, 2 copies to the county park manager, if the subdivision abuts a county park or parkway so that the body may determine if it has any objection to the plat on the basis of a conflict with the park or parkway development.

SB394,48 Section 48. 236.12 (3) and (6) of the statutes are consolidated, renumbered 236.12 (3) and amended to read:

SB394,26,7 236.12 (3) Within 20 days of after the date of receiving the copies of the plat any agency having authority to object under sub. (2) shall notify the subdivider or subdivider's agent and all approving or objecting authorities other agencies having the authority to object of any objection based upon failure of the plat to comply with the statutes or rules which that its examination under sub. (2) is authorized to cover, or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the approving authority from which it was received. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the 20-day limit it shall be deemed to have no objection to the plat. No approving authority may inscribe its approval on a plat prior to the affixing of the certificates under either sub. (4) or (6). (6) In lieu of the procedure under subs. (2) to (5), the subdivider or the subdivider's agent may submit the original plat to the department which shall forward 2 copies to each of the agencies authorized by sub. (2) to 9 department shall have the required number of copies made at the subdivider's expense. Within 20 days of the date of receiving the copies of the plat any agency having authority to object under sub. (2) shall notify the subdivider, and all agencies having the authority to object, of any objection based upon failure of the plat to comply with the statutes or rules which its examination under sub. (2) is authorized to cover, or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the department. After each agency and the department have certified that they have no objection or that their objections have been satisfied, the department shall so certify on the face of the plat. If an agency fails to act within 20 days from the date of the receipt of on which it received the copy or copies of the plat, and the department fails to act within 30 days of receipt of the original from the date on which it received the copy of the plat, it shall be deemed that there are no objections to the plat and, upon demand, it the department shall be so certified certify on the face of the plat by the department.

SB394,49 Section 49. 236.12 (4) of the statutes is repealed.

SB394,50 Section 50. 236.12 (5) of the statutes is repealed.

SB394,51 Section 51. 236.12 (8) of the statutes is renumbered 236.12 (4m) and amended to read:

SB394,26,21 236.12 (4m) In order to facilitate approval of the final plat where whenever more than one approval is required, the subdivider may or subdivider's agent shall file a true copy of the plat with the each approving authority or authorities with which the original of the final plat has not been filed. The approval of such authorities may be based on such copy but shall be inscribed on the original of the final plat. Before inscribing its approval, the approving authority shall require the surveyor or the owner to certify the respects in which the original of the final plat differs from the copy. All modifications in the final plat shall be approved before final approval is given a true copy of the plat that the subdivider or subdivider's agent submitted to the department.

SB394,52 Section 52. 236.13 (2) (a) of the statutes is amended to read:

SB394,27,11 236.13 (2) (a) As a further condition of approval, the governing body of the town or municipality within which the subdivision lies may require that the subdivider make and install any public improvements reasonably necessary or that the subdivider execute a surety bond or provide other security to ensure that he or she will make those improvements within a reasonable time. The subdivider may construct the project in such phases as the governing body approves, which approval may not be unreasonably withheld. If the subdivider's project will be constructed in phases, the amount of any surety bond or other security required by the governing body shall be limited to the phase of the project that is currently being constructed. The governing body may not require that the subdivider provide any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements. This paragraph applies to all preliminary and final plats, regardless of whether submitted for approval before, on, or after the effective date of this paragraph .... [LRB inserts date].

SB394,53 Section 53. 236.13 (2m) of the statutes is amended to read:

SB394,28,2 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any lake, any navigable perennial stream, lake or any other body of navigable water or if land in the proposed plat involves lake or navigable perennial stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of safety and professional services, to protect the public health and safety, may require assurance of adequate drainage areas for private on-site wastewater treatment systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of safety and professional services determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

SB394,54 Section 54. 236.15 (1) (intro.) of the statutes is renumbered 236.15 (1) (ac) and amended to read:

SB394,28,9 236.15 (1) (ac) All of the monuments required in pars. (a) (ag) to (h) shall be placed flush with the ground where if practicable. Whenever placement of a monument under this subsection is required at a corner or point that falls within a street or proposed future street, the monument shall be placed in the side line of the street if practicable.

SB394,55 Section 55. 236.15 (1) (a) of the statutes is renumbered 236.15 (1) (ag) and amended to read:

SB394,28,25 236.15 (1) (ag) The external boundaries of a subdivision shall be monumented in the field by monuments of concrete containing a ferrous rod one-fourth inch in diameter or greater imbedded its full length, not less than 18 inches in length, not less than 4 inches square or 5 inches in diameter, and marked on the top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least 18 inches long and 2 inches in diameter weighing not less than 3.65 pounds per lineal foot. Solid round or square iron bars of equal or greater length or weight per foot may be used in lieu of pipes wherever pipes are specified in this section. These monuments shall be placed at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line and at all angle points along the meander line, said points to be not less than 20 feet back from the determined or approximated ordinary high water mark of the lake or from the bank of the stream, except that when such corners or points fall within a street, or proposed future street, the monuments shall be placed in the side line of the street.

SB394,56 Section 56. 236.15 (1) (b) of the statutes is amended to read:

SB394,29,6 236.15 (1) (b) All internal boundaries and those corners and points not required to be marked by par. (a) (ag) shall be monumented in the field by like monuments as defined in par. (a) (ag). These monuments shall be placed at all block corners, at each end of all curves, at the point where a curve changes its radius, and at all angle points in any line.

SB394,57 Section 57. 236.15 (1) (d) of the statutes is amended to read:

SB394,29,16 236.15 (1) (d) The lines of lots, outlots, parks and public access and land dedicated to the public that extend to lakes or to navigable perennial streams shall be monumented in the field by iron pipes at least 18 inches long and one inch in diameter weighing not less than 1.13 pounds per lineal foot, or by round or square iron bars at least 18 inches long and weighing not less than 1.13 pounds per lineal foot. These monuments shall be placed at the point of intersection of the lake or navigable perennial stream lot line with a meander line established not less than 20 feet back from the determined or approximated ordinary high water mark of the lake or from the bank of the stream.

SB394,58 Section 58. 236.15 (2) of the statutes is amended to read:

SB394,29,21 236.15 (2) Accuracy of survey. The survey shall be performed by a professional land surveyor registered in this state and if the error in the latitude and departure closure of the survey or any part thereof is greater than the ratio of one in 3,000, the plat may be rejected.

SB394,59 Section 59. 236.16 (3) (title) of the statutes is amended to read:

SB394,29,24 236.16 (3) (title) Lake and navigable perennial stream shore plats; public access.

SB394,60 Section 60. 236.16 (3) (a) of the statutes is amended to read:

SB394,30,9 236.16 (3) (a) All subdivisions abutting on a navigable lake or a navigable perennial stream shall provide public access at least 60 feet wide providing access to the low watermark water's edge so that there will be public access, which is connected to existing public roads, at not more than one-half mile intervals as measured along the lake or the navigable perennial stream shore except where greater intervals and wider access is agreed upon by the department of natural resources and the department, and excluding shore areas where public parks or open-space streets or roads on either side of a the navigable perennial stream are provided.

SB394,61 Section 61. 236.16 (3) (b) of the statutes is amended to read:

SB394,30,13 236.16 (3) (b) No public access established under this chapter may be vacated except by circuit court action as provided in s. 236.43, except that such public access may be discontinued under s. 66.1003, subject to s. 66.1006.

SB394,62 Section 62. 236.16 (4) of the statutes is amended to read:

SB394,30,23 236.16 (4) Lake and navigable perennial stream shore plats; land between meander line and water's edge. The lands lying between the meander line, established in accordance with s. 236.20 (2) (g), and the water's edge, and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or a navigable perennial stream. This subsection applies not only to lands proposed to be subdivided but also to all lands under option to the subdivider or in which the subdivider holds any interest and which are contiguous to the lands proposed to be subdivided and which abut a lake or a navigable perennial stream.

SB394,63 Section 63. 236.20 (1) (a) of the statutes is amended to read:

SB394,31,7 236.20 (1) (a) The plat shall have a binding margin 1 1/2 inches wide on the left side, and a one-inch margin on all other sides. A graphic scale of not more than 100 feet to one inch shall be shown on each sheet showing layout features. When more than one sheet is used for any plat, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the plat and showing the relation of that sheet to the other sheets and each sheet shall bear the subdivision and county name.

SB394,64 Section 64. 236.20 (1) (b) of the statutes is repealed.

SB394,65 Section 65. 236.20 (2) (g) of the statutes is amended to read:

SB394,31,14 236.20 (2) (g) All lake or stream shore meander lines for all lakes or navigable perennial streams that are established by the professional land surveyor in accordance with s. 236.15 (1) (d), the distances and bearings thereof, and the distance between the point of intersection of such meander lines with lot lines and the determined or approximated ordinary high water mark.

SB394,66 Section 66. 236.20 (2) (k) of the statutes is amended to read:

SB394,31,25 236.20 (2) (k) When a street is on a circular curve, the main chords of the right-of-way lines shall be drawn as dotted or dashed lines in their proper places. All curved lines shall show, either on the lines or in an adjoining table, the radius of the circle, the central angle subtended, the chord bearing, the chord length, and the arc length for each segment. The tangent bearing shall be shown for each end of the main chord for all nontangent circular lines. When a circular curve of 30-foot radius or less is used to round off the intersection between 2 straight lines, it shall be tangent to both straight lines. It is sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to the point of intersection of the straight lines.

SB394,67 Section 67. 236.20 (3) (b) of the statutes is amended to read:

SB394,32,7 236.20 (3) (b) The location of the subdivision shall be indicated by bearing and distance from a boundary line of a government lot monumented in the original survey or resurvey of Wisconsin, quarter section, recorded private claim, or federal reservation in which the subdivision is located. The monumentation at the ends of the boundary line shall be described and the bearing and distance between them shown.

SB394,68 Section 68. 236.20 (4) (b) of the statutes is amended to read:

SB394,32,10 236.20 (4) (b) All lands dedicated to public use except roads and streets shall be clearly marked "Dedicated to the Public".

SB394,69 Section 69. 236.20 (5) (c) of the statutes is amended to read:

SB394,32,15 236.20 (5) (c) The water elevations of adjoining lakes or navigable perennial streams at the date of the survey and the approximate high and low water elevations of those lakes or streams. All elevations shall be referred to some permanent established datum plane.

SB394,70 Section 70. 236.20 (6) of the statutes is created to read:

SB394,32,19 236.20 (6) Public trust information. A final plat of a subdivision, or a certified survey map of land, to which s. 236.16 (4) applies shall show on its face the following statement:

SB394,32,24 "Any land below the ordinary high water mark of a lake or a navigable perennial stream is subject to the public trust in navigable waters that is established under article IX, section 1, of the state constitution. However, the owner of the real property that abuts such land has exclusive use of that land when it is exposed, except as otherwise provided by law or by the owner's title."

SB394,71 Section 71. 236.21 (1) (intro.) of the statutes is amended to read:

SB394,33,4 236.21 (1) Surveyor's Professional land surveyor's certificate of compliance with statute. (intro.) The certificate of the professional land surveyor who surveyed, divided, and mapped the land giving all of the following information, which shall have the same force and effect as an affidavit:

SB394,72 Section 72. 236.21 (1) (a) of the statutes is amended to read:

SB394,33,7 236.21 (1) (a) By whose direction the professional land surveyor made the survey, subdivision, and plat of the land described on the plat.

SB394,73 Section 73. 236.21 (1) (b) of the statutes is renumbered 236.21 (1) (b) 1. and amended to read:

SB394,33,16 236.21 (1) (b) 1. A Except as provided in subd. 2., a clear and concise description of the land surveyed, divided, and mapped by government lot, recorded private claim, quarter-quarter section, section, township, range, and county and by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section that is not the center of the section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the subdivision is located.

SB394,33,24 2. If the land is located shown in a recorded subdivision or plat, recorded addition thereto, the land shall be described by the number or other description of the lot, block or subdivision thereof, to a recorded subdivision plat, or recorded certified survey map that has previously been tied to a corner marked and established by the U.S. public land survey the monumented line of a quarter section, government lot, recorded private claim, or federal reservation in which the land is located, the land shall be described by the subdivision name or certified survey map number and the description of the lot and block thereof.

SB394,74 Section 74. 236.21 (1) (d) of the statutes is amended to read:

SB394,34,3 236.21 (1) (d) A statement that the professional land surveyor has fully complied with the provisions of this chapter in surveying, dividing , and mapping the land.

SB394,75 Section 75. 236.25 (2) (a) of the statutes is amended to read:

SB394,34,10 236.25 (2) (a) It is a permanent nonfading black image on durable white media that is 22 inches wide by 30 inches long or on other media that is acceptable to the register of deeds, complies with the requirements of s. 59.43 (2m) (b) 4., and bears a department certification of no objection. Seals or signatures reproduced on images complying with this paragraph shall be given the force and effect of original signatures and seals;

SB394,76 Section 76. 236.25 (2) (c) of the statutes is amended to read:

SB394,34,13 236.25 (2) (c) The plat shows on its face all the certificates and affidavits required by ss. 236.21 and 236.12 (4) (3) and 236.21;

SB394,77 Section 77. 236.25 (2) (d) of the statutes is amended to read:

SB394,34,17 236.25 (2) (d) The plat shows on its face the approval of all bodies required by s. 236.10 to approve or the certificate of the clerk that the plat is deemed approved under s. 236.11 (2) (a).

SB394,78 Section 78. 236.32 (except 236.32 (title)) of the statutes is renumbered 236.32 (1m), and 236.32 (1m) (intro.), (a) and (c), as renumbered, are amended to read:

SB394,34,21 236.32 (1m) (intro.) Any of the following may be fined not more than $250 or imprisoned not more than one year in county jail for any of the following violations:

SB394,34,23 (a) Any owner, professional land surveyor, or subdivider who fails to place monuments as prescribed in this chapter when subdividing land.

SB394,35,3 (c) Fails Any person who fails to replace properly any monuments which that have been removed or disturbed when ordered to do so by the governing body of the municipality or county in which the subdivision is located.

SB394,79 Section 79. 236.32 (2m) of the statutes is created to read:

SB394,35,6 236.32 (2m) Each monument to which a violation under sub. (1m) applies constitutes a separate violation.

SB394,80 Section 80. 236.34 (1) (a) of the statutes is amended to read:

SB394,35,10 236.34 (1) (a) The survey shall be performed and the map prepared by a professional land surveyor registered in this state. The error in the latitude and departure closure of the survey may not exceed the ratio of one in 3,000.

SB394,81 Section 81. 236.34 (1) (b) of the statutes is amended to read:

SB394,35,13 236.34 (1) (b) All corners shall be monumented in accordance with s. 236.15 (1) (ac), (c), (d), and (g).