If a specific and identifiable land development or use requires multiple
approvals from one or more state agencies, the substitute amendment requires a
state agency, in making its determinations with regard to any approval for that
project, to apply the law that is in effect on the date on which the applicant applies

for the first approval from any state agency for that project if the applicant identifies
the full scope of the project at that time. The substitute amendment allows an
applicant and a state agency to agree with respect to an approval from that state
agency that the law at the time of application for the approval applies.
Shoreland zoning
Under current law, a county must enact a shoreland zoning ordinance for all
shorelands in its unincorporated area and the ordinance must meet shoreland
zoning standards established by DNR by rule. Current law defines shorelands to be
the area within a certain distance from the OHWM of a navigable water. Current
law requires a county to establish a shoreland setback area, which is an area within
a certain distance of the OHWM in which the construction or placement of structures
is limited or prohibited. Under this substitute amendment, if a professional land
surveyor, in measuring a setback from an OHWM of a navigable water, relies on a
map, plat, or survey that incorporates or approximates the OHWM, the setback
measured is the setback with respect to a structure constructed on that property if
the map, plat, or survey relied upon is prepared by a professional land surveyor and
DNR has not identified the OHWM on its Internet site at the time the setback is
measured.
Current law generally prohibits the enactment of a county shoreland zoning
ordinance that prohibits or regulates the maintenance, repair, replacement,
restoration, rebuilding, or remodeling of all or any part of a nonconforming structure
if that activity does not expand the structure's footprint, and a county shoreland
zoning ordinance that requires any approval or imposes any fee or mitigation
requirement for, or otherwise prohibits or regulates, the vertical expansion of a
nonconforming structure. This substitute amendment expands these prohibitions to
a structure of which any part is legally located in the shoreland setback area by
operation of a variance granted before July 13, 2015.
This substitute amendment provides that a shoreland zoning standard or
ordinance may not prohibit placement of a device or system that retains runoff in a
shoreland setback area.
The substitute amendment also provides that the construction or maintenance
of property or equipment used for the transmission, delivery, or furnishing of natural
gas, heat, light, or power and owned by a public utility or cooperative association
organized for the purpose of producing or furnishing heat, light, or power to its
members only is considered to satisfy shoreland zoning laws and a county's
shoreland zoning ordinance if DNR has issued all required navigable water, water
and sewage, and pollution discharge permits or approvals authorizing the
construction or maintenance or, if no such permits or approvals are required, if the
construction and maintenance is conducted in a manner that employs best
management practices to infiltrate or otherwise control storm water runoff from that
infrastructure.
Resolution of challenge to zoning restrictions
This substitute amendment requires a court to resolve any ambiguity in a
matter involving a zoning ordinance or shoreland zoning ordinance in favor of the
free use of private property.

Supermajority vote to down zone a property
The substitute amendment allows a political subdivision to enact a down
zoning ordinance only if the ordinance is approved by at least two-thirds of the
members of its governing body. The substitute amendment defines a down zoning
ordinance as an ordinance that affects an area of land by rezoning it to a usage that
is less dense than its previous usage.
Property tax treatment of undeveloped land
This substitute amendment defines, for property tax purposes, "undeveloped
land" to include land that is platted and zoned for residential, commercial, or
manufacturing use until such time that a permit is issued for constructing a building
or other structure on the land. The substitute amendment provides that such land
be assessed at its unimproved value, although the land is subject to a conversion
charge if its assessment changes from agricultural to unimproved. Other
undeveloped land under current law is assessed at 50 percent of its full value.
Contested case hearings
Under this substitute amendment, a person who has applied for a contract,
permit, or other approval that is the subject of a contested case hearing for which the
Division of Hearings and Appeals in the Department of Administration has assigned
a hearing examiner may file one written request per hearing for a substitution of a
new hearing examiner. If the request is timely and in proper form, the matter must
be transferred to a new hearing examiner.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB582-ASA1,1 1Section 1. 20.932 of the statutes is created to read:
AB582-ASA1,4,2 220.932 Multiple approvals for a single project. (1) In this section:
AB582-ASA1,4,43 (a) "Approval" means a license, permit, authorization, or other approval issued
4by a state agency.
AB582-ASA1,4,65 (b) "Project" means a specific and identifiable land development, improvement
6activity, or use that occurs on defined parcels of land.
AB582-ASA1,5,37 (2) Except as provided in sub. (3), if a project requires multiple approvals from
8one or more state agencies, a state agency shall, in making its determinations with
9regard to any approval for that project, apply the law that is in effect on the date on
10which the person proposing the project applies for the first approval from any state

1agency for that project if the person proposing the project identifies the full scope of
2the project at the time of submitting the first application for an approval for the
3project.
AB582-ASA1,5,54 (3) An applicant and a state agency may agree with respect to an approval from
5that state agency that the law at the time of application for the approval applies.
AB582-ASA1,2 6Section 2. 59.69 (4) (intro.) of the statutes is amended to read:
AB582-ASA1,5,197 59.69 (4) Extent of power. (intro.) For the purpose of promoting the public
8health, safety and general welfare the board may by ordinance effective within the
9areas within such county outside the limits of incorporated villages and cities
10establish districts of such number, shape and area, and adopt such regulations for
11each such district as the board considers best suited to carry out the purposes of this
12section. The board may establish mixed-use districts that contain any combination
13of uses, such as industrial, commercial, public, or residential uses, in a compact
14urban form. The board may not enact a development moratorium, as defined in s.
1566.1002 (1) (b), under this section or s. 59.03, or by acting under ch. 236, except that
16this prohibition does not limit the board's authority to impose a moratorium that is
17not a development moratorium.
The powers granted by this section shall be
18exercised through an ordinance which may, subject to sub. (4e), determine, establish,
19regulate and restrict:
AB582-ASA1,3 20Section 3. 59.69 (4) (j) of the statutes is amended to read:
AB582-ASA1,5,2221 59.69 (4) (j) The Subject to s. 66.10015 (3), the density and distribution of
22population.
AB582-ASA1,4 23Section 4. 59.69 (5) (f) of the statutes is amended to read:
AB582-ASA1,6,1624 59.69 (5) (f) The county zoning agency shall maintain a list of persons who
25submit a written or electronic request to receive notice of any proposed ordinance or

1amendment that affects the allowable use of the property owned by the person.
2Annually, the agency shall publish a class 1 notice, under ch. 985, to inform residents
3of the county that they may add their names to the list. The agency may also inform
4residents of the county about adding their names to the list by posting the notice on
5the county's Internet site.
If the county zoning agency completes a draft of a proposed
6zoning ordinance under par. (a) or if the agency receives a petition under par. (e) 2.,
7the agency shall send a notice, which contains a copy or summary of the proposed
8ordinance or petition, to each person on the list whose property, the allowable use or
9size or density requirements
of which, may be affected by the proposed ordinance or
10amendment. The notice shall be by mail or in any reasonable form that is agreed to
11by the person and the agency, including electronic mail, voice mail, text message, or
12inclusion in the person's property tax
. The agency may charge each person on the
13list who receives a notice by 1st class mail a fee that does not exceed the approximate
14cost of providing the notice to the person. An ordinance or amendment that is subject
15to this paragraph may take effect even if the agency fails to send the notice that is
16required by this paragraph.
AB582-ASA1,5 17Section 5. 59.692 (1h) of the statutes is created to read:
AB582-ASA1,6,2318 59.692 (1h) If a professional land surveyor licensed under ch. 443, in
19measuring a setback from an ordinary high-water mark of a navigable water as
20required by an ordinance enacted under this section, relies on a map, plat, or survey
21that incorporates or approximates the ordinary high-water mark in accordance with
22s. 236.025, the setback measured is the setback with respect to a structure
23constructed on that property if all of the following apply:
AB582-ASA1,7,224 (a) The map, plat, or survey is prepared by a professional land surveyor,
25licensed under ch. 443, after the effective date of this paragraph .... [LRB inserts

1date]. The same professional land surveyor may prepare the map, plat, or survey and
2measure the setback.
AB582-ASA1,7,43 (b) The department has not identified the ordinary high-water mark on its
4Internet site as is required under s. 30.102 at the time the setback is measured.
AB582-ASA1,6 5Section 6. 59.692 (1k) (a) 2. of the statutes, as created by 2015 Wisconsin Act
655
, is amended to read:
AB582-ASA1,7,127 59.692 (1k) (a) 2. Except as provided in par. (b), requires any approval or
8imposes any fee or mitigation requirement for, or otherwise prohibits or regulates,
9the maintenance, repair, replacement, restoration, rebuilding, or remodeling of all
10or any part of a nonconforming structure or a structure of which any part is legally
11 located in the shoreland setback area by operation of a variance granted before July
1213, 2015,
if the activity does not expand the footprint of the nonconforming structure.
AB582-ASA1,7 13Section 7. 59.692 (1k) (a) 4. of the statutes, as created by 2015 Wisconsin Act
1455
, is amended to read:
AB582-ASA1,7,1915 59.692 (1k) (a) 4. Requires any approval or imposes any fee or mitigation
16requirement for, or otherwise prohibits or regulates, the vertical expansion of a
17nonconforming structure or a structure of which any part is legally located in the
18shoreland setback area by operation of a variance granted before July 13, 2015,

19unless the vertical expansion would extend more than 35 feet above grade level.
AB582-ASA1,8 20Section 8. 59.692 (1k) (a) 6. of the statutes is created to read:
AB582-ASA1,7,2221 59.692 (1k) (a) 6. Prohibits placement in a shoreland setback area of a device
22or system authorized under par. (a) 5.
AB582-ASA1,9 23Section 9. 59.692 (1k) (b) of the statutes, as created by 2015 Wisconsin Act 55,
24is amended to read:
AB582-ASA1,8,5
159.692 (1k) (b) A county shoreland zoning ordinance shall allow an activity
2specified under par. (a) 2. to expand the footprint of a nonconforming structure or a
3structure of which any part is legally located in the shoreland setback area by
4operation of a variance granted before July 13, 2015,
if the expansion is necessary
5for the structure to comply with applicable state or federal requirements.
AB582-ASA1,10 6Section 10. 59.692 (1p) of the statutes is created to read:
AB582-ASA1,8,127 59.692 (1p) The department may not promulgate a standard and a county may
8not enact an ordinance under this section that prohibits the owner of a boathouse in
9the shoreland setback area that has a flat roof from using the roof as a deck if the roof
10has no side walls or screens or from having or installing a railing around that roof
11if the railing is consistent with standards promulgated by the department of safety
12and professional services under ch. 101.
AB582-ASA1,11 13Section 11. 59.692 (7) of the statutes is created to read:
AB582-ASA1,8,1814 59.692 (7) (a) In this subsection, "facility" means any property or equipment
15of a public utility, as defined in s. 196.01 (5), or a cooperative association organized
16under ch. 185 for the purpose of producing or furnishing heat, light, or power to its
17members only, that is used for the transmission, delivery, or furnishing of natural
18gas, heat, light, or power.
AB582-ASA1,8,2119 (b) The construction and maintenance of a facility is considered to satisfy the
20requirements of this section and any county ordinance enacted under this section if
21any of the following applies:
AB582-ASA1,8,2322 1. The department has issued all required permits or approvals authorizing the
23construction or maintenance under ch. 30, 31, 281, or 283.
AB582-ASA1,9,224 2. No department permit or approval under subd. 1. is required for the
25construction or maintenance and the construction or maintenance is conducted in a

1manner that employs best management practices to infiltrate or otherwise control
2storm water runoff from the facility.
AB582-ASA1,12 3Section 12. 60.23 (33) of the statutes is amended to read:
AB582-ASA1,9,74 60.23 (33) Comprehensive plan. Adopt or amend a master plan under s. 62.23.
5A master plan, by itself, under this subsection may not prohibit any use specified as
6a conditional use in a zoning ordinance enacted by the town, nor can the master plan
7be used to void a conditional use permit that has already been issued.
AB582-ASA1,13 8Section 13. 60.61 (2) (a) 6. of the statutes is amended to read:
AB582-ASA1,9,109 60.61 (2) (a) 6. The Subject to s. 66.10015 (3), the density and distribution of
10population.
AB582-ASA1,14 11Section 14. 60.61 (4) (f) of the statutes is amended to read:
AB582-ASA1,9,2512 60.61 (4) (f) The town board shall maintain a list of persons who submit a
13written or electronic request to receive notice of any proposed ordinance or
14amendment that affects the allowable use of the property owned by the person.
15Annually, the town board shall publish a class 1 notice, under ch. 985, to inform
16residents of the town that they may add their names to the list. The town board may
17also inform residents of the town about adding their names to the list by posting the
18notice on the town's Internet site.
If the town zoning committee completes a final
19report on a proposed zoning ordinance and the town board is prepared to vote on the
20proposed ordinance under par. (b) or if the town board is prepared to vote on a
21proposed amendment under par. (c) 1., the town board shall send a notice, which
22contains a copy or summary of the proposed ordinance or amendment, to each person
23on the list whose property, the allowable use or size or density requirements of which,
24may be affected by the proposed ordinance or amendment. The notice shall be by
25mail or in any reasonable form that is agreed to by the person and the town board,

1including electronic mail, voice mail, text message, or inclusion in the person's
2property tax bill
. The town board may charge each person on the list who receives
3a notice by 1st class mail a fee that does not exceed the approximate cost of providing
4the notice to the person. An ordinance or amendment that is subject to this
5paragraph may take effect even if the town board fails to send the notice that is
6required by this paragraph.
AB582-ASA1,15 7Section 15. 62.23 (7) (am) of the statutes is amended to read:
AB582-ASA1,10,188 62.23 (7) (am) Grant of power. For the purpose of promoting health, safety,
9morals or the general welfare of the community, the council may regulate and restrict
10by ordinance, subject to par. (hm), the height, number of stories and size of buildings
11and other structures, the percentage of lot that may be occupied, the size of yards,
12courts and other open spaces, subject to s. 66.10015 (3) the density of population, and
13the location and use of buildings, structures and land for trade, industry, mining,
14residence or other purposes if there is no discrimination against temporary
15structures. This subsection and any ordinance, resolution or regulation enacted or
16adopted under this section, shall be liberally construed in favor of the city and as
17minimum requirements adopted for the purposes stated. This subsection may not
18be deemed a limitation of any power granted elsewhere.
AB582-ASA1,16 19Section 16. 62.23 (7) (d) 4. of the statutes is amended to read:
AB582-ASA1,11,1820 62.23 (7) (d) 4. The city council shall maintain a list of persons who submit a
21written or electronic request to receive notice of any proposed zoning action that may
22be taken under subd. 1. a. or b. or 2. that affects the allowable use of the person's
23property. Annually, the city council shall publish a class 1 notice, under ch. 985, to
24inform residents of the city that they may add their names to the list. The city council
25may also inform residents of the city about adding their names to the list by posting

1the notice on the city's Internet site.
If the plan commission, the board of public land
2commissioners, or city plan committee of the city council completes action on any
3tentative recommendations that are noticed under subd. 1. a., proposed changes to
4a proposed district plan and regulations that are submitted under subd. 1. b., or
5proposed amendments that are submitted under subd. 2., and the city council is
6prepared to vote on the tentative recommendations, proposed changes to a proposed
7district plan, and regulations or proposed amendments, the city council shall send
8a notice, which contains a copy or summary of the tentative recommendations,
9proposed changes to a proposed district plan, and regulations or proposed
10amendments, to each person on the list whose property, the allowable use of which,
11may be affected by the tentative recommendations or proposed changes or
12amendments. The notice shall be by mail or in any reasonable form that is agreed
13to by the person and the city council, including electronic mail, voice mail, text
14message, or inclusion in the person's property tax bill
. The city council may charge
15each person on the list who receives a notice by 1st class mail a fee that does not
16exceed the approximate cost of providing the notice to the person. An ordinance or
17amendment that is subject to this subdivision may take effect even if the city council
18fails to send the notice that is required by this subdivision.
AB582-ASA1,17 19Section 17. 66.1001 (4) (f) of the statutes is amended to read:
AB582-ASA1,12,1020 66.1001 (4) (f) A political subdivision shall maintain a list of persons who
21submit a written or electronic request to receive notice of any proposed ordinance,
22described under par. (c), that affects the allowable use of the property owned by the
23person. Annually, the political subdivision shall publish a class 1 notice, under ch.
24985, to inform residents of the political subdivision that they may add their names
25to the list. The political subdivision may also inform residents of the political

1subdivision about adding their names to the list by posting the notice on the political
2subdivision's Internet site.
At least 30 days before the hearing described in par. (d)
3is held a political subdivision shall provide written notice, including a copy or
4summary
of the proposed ordinance, to all such persons whose property, the
5allowable use of which, may be affected by the proposed ordinance
. The notice shall
6be by mail or in any reasonable form that is agreed to by the person and the political
7subdivision, including electronic mail, voice mail, text message, or inclusion in the
8person's property tax bill
. The political subdivision may charge each person on the
9list who receives a notice by 1st class mail a fee that does not exceed the approximate
10cost of providing the notice to the person.
AB582-ASA1,18 11Section 18. 66.10015 (title) of the statutes is amended to read:
AB582-ASA1,12,13 1266.10015 (title) Limitation on development regulation authority and
13down zoning
.
AB582-ASA1,19 14Section 19. 66.10015 (1) (a) of the statutes is amended to read:
AB582-ASA1,12,1615 66.10015 (1) (a) "Approval" means a permit or authorization for building,
16zoning, driveway, stormwater, or other activity related to land development a project.
AB582-ASA1,20 17Section 20. 66.10015 (1) (as) of the statutes is created to read:
AB582-ASA1,12,1918 66.10015 (1) (as) "Down zoning ordinance" means a zoning ordinance that
19affects an area of land in one of the following ways:
AB582-ASA1,12,2120 1. By decreasing the development density of the land to be less dense than was
21allowed under its previous usage.
AB582-ASA1,12,2422 2. By reducing the permitted uses of the land, that are specified in a zoning
23ordinance or other land use regulation, to fewer uses than were allowed under its
24previous usage.
AB582-ASA1,21 25Section 21. 66.10015 (1) (bs) of the statutes is created to read:
AB582-ASA1,13,4
166.10015 (1) (bs) "Members-elect" means those members of the governing body
2of a political subdivision, at a particular time, who have been duly elected or
3appointed for a current regular or unexpired term and whose service has not
4terminated by death, resignation, or removal from office.
AB582-ASA1,22 5Section 22. 66.10015 (3) of the statutes is created to read:
AB582-ASA1,13,106 66.10015 (3) Down zoning. A political subdivision may enact a down zoning
7ordinance only if the ordinance is approved by at least two-thirds of the
8members-elect, except that if the down zoning ordinance is requested, or agreed to,
9by the person who owns the land affected by the proposed ordinance, the ordinance
10may be enacted by a simple majority of the members-elect.
AB582-ASA1,23 11Section 23. 66.1105 (5) (bu) of the statutes is created to read:
AB582-ASA1,13,1512 66.1105 (5) (bu) Notwithstanding the requirements of pars. (a) and (b), in
13determining or redetermining the tax incremental base of a district that exists on the
14effective date of this paragraph .... [LRB inserts date], the department of revenue
15may not include land described in s. 70.32 (2) (c) 4. b.
AB582-ASA1,24 16Section 24. 70.32 (2) (c) 4. of the statutes is renumbered 70.32 (2) (c) 4. (intro.)
17and amended to read:
AB582-ASA1,13,1818 70.32 (2) (c) 4. (intro.) "Undeveloped land" means bog all of the following:
AB582-ASA1,13,21 19a. Bog, marsh, lowland brush, uncultivated land zoned as shoreland under s.
2059.692 and shown as a wetland on a final map under s. 23.32, or other nonproductive
21lands not otherwise classified under this subsection.
AB582-ASA1,25 22Section 25. 70.32 (2) (c) 4. b. of the statutes is created to read:
AB582-ASA1,14,423 70.32 (2) (c) 4. b. Beginning on January 1, 2017, land that is platted and zoned
24for residential, commercial, or manufacturing use until such time that all approvals,
25including post-construction inspection approvals, required before the initial use of

1the land for a residential, commercial, or manufacturing use are issued. This subd.
24. b. applies only to land that was assessed as agricultural land for the 2 consecutive
3years immediately prior to being converted to residential, commercial, or
4manufacturing use.
AB582-ASA1,26 5Section 26. 74.485 (4) (a) of the statutes is amended to read:
AB582-ASA1,14,156 74.485 (4) (a) A person who owns land that has been assessed as agricultural
7land under s. 70.32 (2r) and who converts the land's use so that the land is not eligible
8to be assessed as agricultural land under s. 70.32 (2r) is not subject to a conversion
9charge under sub. (2) if the converted land may be assessed as undeveloped under
10s. 70.32 (2) (a) 5., as agricultural forest under s. 70.32 (2) (a) 5m., as productive forest
11land under s. 70.32 (2) (a) 6., or as other under s. 70.32 (2) (a) 7. or if the amount of
12the conversion charge determined under sub. (2) represents less than $25 for each
13acre of converted land. The exception to liability for a conversion charge that is
14described under this paragraph does not apply to land that is described under s.
1570.32 (2) (c) 4. b.
AB582-ASA1,27 16Section 27. 227.445 of the statutes is created to read:
AB582-ASA1,14,22 17227.445 Substitution of hearing examiner assigned by division of
18hearings and appeals.
(1) A person who has applied for a contract, permit, or
19other approval that is the subject of a contested case hearing for which the division
20of hearings and appeals has assigned a hearing examiner may file a written request
21with the hearing examiner, not later than 10 days after receipt of the notice under
22s. 227.44 (1), for a substitution of a new hearing examiner.
AB582-ASA1,14,23 23(2) No person may file more than one request under sub. (1) for a single hearing.
AB582-ASA1,15,3 24(3) Upon receipt of a request under sub. (1), the hearing examiner shall have
25no further jurisdiction in the matter except to determine if the request was made

1timely and in proper form. If the request was made timely and in proper form, the
2hearing examiner shall transfer the matter to another hearing examiner and shall
3transmit to the new hearing examiner all materials relating to the matter.
AB582-ASA1,15,7 4(4) If the hearing examiner fails to make a determination as to allowing the
5substitution within 7 days, the hearing examiner shall refer the matter to the
6administrator of the division of hearings and appeals for the determination and, if
7proper, the assignment of a substitute hearing examiner.
AB582-ASA1,28 8Section 28. 236.45 (2) (am) (intro.) of the statutes, as affected by 2015
9Wisconsin Act 48
, is amended to read:
AB582-ASA1,16,210 236.45 (2) (am) (intro.) Ordinances under par. (ac) may include provisions
11regulating divisions of land into parcels larger than 1 1/2 acres or divisions of land
12into less than 5 parcels, and, except as provided in s. 59.69 (4) (intro.) and subject to
13s. 66.1002,
may prohibit the division of land in areas where such prohibition will
14carry out the purposes of this section. Such ordinances shall make applicable to such
15divisions all of the provisions of this chapter, or may provide other surveying,
16monumenting, mapping and approving requirements for such division. The
17governing body of the municipality, town, or county shall require that a plat of such
18division be recorded with the register of deeds and kept in a book provided for that
19purpose or stored electronically. "COUNTY PLAT," "MUNICIPAL PLAT," or "TOWN
20PLAT" shall be printed on the map in prominent letters with the location of the land
21by government lot, recorded private claim, quarter-quarter section, section,
22township, range, and county noted. When so recorded, the lots included in the plat
23shall be described by reference to "COUNTY PLAT," "MUNICIPAL PLAT," or
24"TOWN PLAT," the name of the plat and the lot and block in the plat, for all purposes,
25including those of assessment, taxation, devise, descent, and conveyance as defined

1in s. 706.01 (4). Such ordinance, insofar as it may apply to divisions of less than 5
2parcels, shall not apply to:
AB582-ASA1,29 3Section 29. 700.28 of the statutes is created to read:
AB582-ASA1,16,6 4700.28 Prohibiting unreasonable restrictions on alienation of
5property.
(1) In this section, "political subdivision" means a city, village, town, or
6county.
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