AB582-ASA2,12,3
166.1001
(2m) (b) A conditional use permit that may be issued by a political
2subdivision does not need to be consistent with the political subdivision's
3comprehensive plan.
AB582-ASA2,18
4Section
18. 66.1001 (4) (f) of the statutes is amended to read:
AB582-ASA2,12,205
66.1001
(4) (f) A political subdivision shall maintain a list of persons who
6submit a written
or electronic request to receive notice of any proposed ordinance,
7described under par. (c), that affects the allowable use of the property owned by the
8person.
Annually, the political subdivision shall inform residents of the political
9subdivision that they may add their names to the list. The political subdivision may
10satisfy this requirement to provide such information by any of the following means:
11publishing a 1st class notice under ch. 985; publishing on the political subdivision's
12Internet site; 1st class mail; or including the information in a mailing that is sent to
13all property owners. At least 30 days before the hearing described in par. (d) is held
14a political subdivision shall provide written notice, including a copy
or summary of
15the proposed ordinance, to all such persons
whose property, the allowable use of
16which, may be affected by the proposed ordinance. The notice shall be by mail or in
17any reasonable form that is agreed to by the person and the political subdivision
,
18including electronic mail, voice mail, or text message. The political subdivision may
19charge each person on the list who receives a notice
by 1st class mail a fee that does
20not exceed the approximate cost of providing the notice to the person.
AB582-ASA2,19
21Section
19. 66.10015 (title) of the statutes is amended to read:
AB582-ASA2,12,23
2266.10015 (title)
Limitation on development regulation authority and
23down zoning.
AB582-ASA2,20
24Section
20. 66.10015 (1) (a) of the statutes is amended to read:
AB582-ASA2,13,2
166.10015
(1) (a) "Approval" means a permit or authorization for building,
2zoning, driveway, stormwater, or other activity related to
land development a project.
AB582-ASA2,21
3Section
21. 66.10015 (1) (as) of the statutes is created to read:
AB582-ASA2,13,54
66.10015
(1) (as) "Down zoning ordinance" means a zoning ordinance that
5affects an area of land in one of the following ways:
AB582-ASA2,13,76
1. By decreasing the development density of the land to be less dense than was
7allowed under its previous usage.
AB582-ASA2,13,108
2. By reducing the permitted uses of the land, that are specified in a zoning
9ordinance or other land use regulation, to fewer uses than were allowed under its
10previous usage.
AB582-ASA2,22
11Section
22. 66.10015 (1) (bs) of the statutes is created to read:
AB582-ASA2,13,1512
66.10015
(1) (bs) "Members-elect" means those members of the governing body
13of a political subdivision, at a particular time, who have been duly elected or
14appointed for a current regular or unexpired term and whose service has not
15terminated by death, resignation, or removal from office.
AB582-ASA2,23
16Section
23. 66.10015 (3) of the statutes is created to read:
AB582-ASA2,13,2117
66.10015
(3) Down zoning. A political subdivision may enact a down zoning
18ordinance only if the ordinance is approved by at least two-thirds of the
19members-elect, except that if the down zoning ordinance is requested, or agreed to,
20by the person who owns the land affected by the proposed ordinance, the ordinance
21may be enacted by a simple majority of the members-elect.
AB582-ASA2,24
22Section
24. 66.1036 of the statutes is created to read:
AB582-ASA2,14,2
2366.1036 Building permit for a shoreland structure. If an activity in a
24shoreland setback area to which s. 59.692 (1k) (a) or (b) applies requires a building
1permit, the city, village, or town that issues the building permit for that activity shall
2provide a copy of the building permit to the county clerk.
AB582-ASA2,25
3Section
25. 70.32 (2) (c) 4. of the statutes is renumbered 70.32 (2) (c) 4. (intro.)
4and amended to read:
AB582-ASA2,14,55
70.32
(2) (c) 4. (intro.) "Undeveloped land" means
bog all of the following:
AB582-ASA2,14,8
6a. Bog, marsh, lowland brush, uncultivated land zoned as shoreland under s.
759.692 and shown as a wetland on a final map under s. 23.32
, or other nonproductive
8lands not otherwise classified under this subsection.
AB582-ASA2,26
9Section
26. 70.32 (2) (c) 4. b. of the statutes is created to read:
AB582-ASA2,14,2410
70.32
(2) (c) 4. b. Land not used for agricultural purposes that is platted and
11zoned for residential, commercial, or manufacturing use, and improvements on that
12land, until such time that all approvals, including post-construction inspection
13approvals and occupancy permits, required before the initial use of the land for a
14residential, commercial, or manufacturing use are issued. This subd. 4. b. applies
15only to land that was assessed as agricultural land for the 2 consecutive years
16immediately prior to being converted to residential, commercial, or manufacturing
17use. With regard to a parcel that is located in a tax incremental district on the
18effective date of this subd. 4. b. .... [LRB inserts date], this subd. 4. b. first applies on
19January 1 of the year following the year in which either the tax incremental district
20terminates or the parcel is subtracted from the district as described in s. 66.1105 (4)
21(h) 2. With regard to a parcel that is not located in a tax incremental district on the
22effective date of this subd. 4. b. .... [LRB inserts date], this subd. 4. b. first applies on
23January 1 of the 2nd year beginning after the effective date of this subd. 4. b. .... [LRB
24inserts date].
AB582-ASA2,27
25Section
27. 74.485 (4) (a) of the statutes is amended to read:
AB582-ASA2,15,14
174.485
(4) (a) A person who owns land that has been assessed as agricultural
2land under s. 70.32 (2r) and who converts the land's use so that the land is not eligible
3to be assessed as agricultural land under s. 70.32 (2r) is not subject to a conversion
4charge under sub. (2) if the converted land may be assessed as undeveloped under
5s. 70.32 (2) (a) 5., as agricultural forest under s. 70.32 (2) (a) 5m., as productive forest
6land under s. 70.32 (2) (a) 6., or as other under s. 70.32 (2) (a) 7. or if the amount of
7the conversion charge determined under sub. (2) represents less than $25 for each
8acre of converted land.
The exception to liability for a conversion charge that is
9described under this paragraph does not apply to land that is described under s.
1070.32 (2) (c) 4. b. With regard to land that is subject to a conversion charge under this
11paragraph and is located in a tax incremental district on the effective date of this
12paragraph .... [LRB inserts date], this paragraph first applies on January 1 of the
13year following the year in which either the tax incremental district terminates or the
14parcel is subtracted from the district as described in s. 66.1105 (4) (h) 2.
AB582-ASA2,28
15Section
28. 227.137 (3) (g) of the statutes is created to read:
AB582-ASA2,15,1916
227.137
(3) (g) An analysis of the ways in which and the extent to which the
17proposed rule would place any limitations on the free use of private property,
18including a discussion of alternatives to the proposed rule that would minimize any
19such limitations.
AB582-ASA2,29
20Section
29. 227.445 of the statutes is created to read:
AB582-ASA2,16,4
21227.445 Substitution of hearing examiner assigned by division of
22hearings and appeals. (1) A person who has applied for a contract, permit, or
23other approval from the department of natural resources or the department of
24agriculture, trade and consumer protection that is the subject of a contested case
25hearing for which the division of hearings and appeals has assigned a hearing
1examiner may file a written request with the administrator of the division of
2hearings and appeals in the department of administration, not later than 10 days
3after receipt of the notice under s. 227.44 (1), for a substitution of a new hearing
4examiner.
AB582-ASA2,16,5
5(2) No person may file more than one request under sub. (1) for a single hearing.
AB582-ASA2,16,11
6(3) Upon receipt of a request under sub. (1), the administrator of the division
7of hearings and appeals shall determine if the request was made timely and in proper
8form. If the request was made timely and in proper form, the administrator of the
9division of hearings and appeals shall transfer the matter to another hearing
10examiner and shall transmit to the new hearing examiner all materials relating to
11the matter.
AB582-ASA2,30
12Section
30. 227.57 (10) of the statutes is amended to read:
AB582-ASA2,16,1513
227.57
(10) Upon Subject to sub. (11), upon such review due weight shall be
14accorded the experience, technical competence, and specialized knowledge of the
15agency involved, as well as discretionary authority conferred upon it.
AB582-ASA2,16,18
16(12) The right of the appellant to challenge the constitutionality of any act or
17of its application to the appellant shall not be foreclosed or impaired by the fact that
18the appellant has applied for or holds a license, permit
, or privilege under such act.
AB582-ASA2,31
19Section
31. 227.57 (11) of the statutes is created to read:
AB582-ASA2,16,2320
227.57
(11) (a)
Upon review of an agency action or decision affecting a property
21owner's use of the property owner's property, the court shall accord no deference to
22the agency's interpretation of law if the agency action or decision restricts the
23property owner's free use of the property owner's property.
AB582-ASA2,17,18
1236.45
(2) (am) (intro.) Ordinances under par. (ac) may include provisions
2regulating divisions of land into parcels larger than 1 1/2 acres or divisions of land
3into less than 5 parcels, and
, except as provided in s. 59.69 (4) (intro.) and subject to
4s. 66.1002, may prohibit the division of land in areas where such prohibition will
5carry out the purposes of this section. Such ordinances shall make applicable to such
6divisions all of the provisions of this chapter, or may provide other surveying,
7monumenting, mapping and approving requirements for such division. The
8governing body of the municipality, town, or county shall require that a plat of such
9division be recorded with the register of deeds and kept in a book provided for that
10purpose or stored electronically. "COUNTY PLAT," "MUNICIPAL PLAT," or "TOWN
11PLAT" shall be printed on the map in prominent letters with the location of the land
12by government lot, recorded private claim, quarter-quarter section, section,
13township, range, and county noted. When so recorded, the lots included in the plat
14shall be described by reference to "COUNTY PLAT," "MUNICIPAL PLAT," or
15"TOWN PLAT," the name of the plat and the lot and block in the plat, for all purposes,
16including those of assessment, taxation, devise, descent, and conveyance as defined
17in s. 706.01 (4). Such ordinance, insofar as it may apply to divisions of less than 5
18parcels, shall not apply to:
AB582-ASA2,33
19Section
33. 700.28 of the statutes is created to read:
AB582-ASA2,17,22
20700.28 Prohibiting unreasonable restrictions on alienation of
21property. (1) In this section, "political subdivision" means a city, village, town, or
22county.
AB582-ASA2,17,24
23(2) A political subdivision may not prohibit or unreasonably restrict a real
24property owner from alienating any interest in the real property.
AB582-ASA2,18,4
3706.22 (title)
Prohibition on imposing time-of-sale, purchase, or
4occupancy requirements.
AB582-ASA2,18,87
706.22
(2) (title)
Requirements tied to sale, purchase, or taking occupancy
8of property prohibited.
AB582-ASA2,18,1211
706.22
(2) (a) (intro.) Except as provided in par. (b), no local governmental unit
12may by ordinance, resolution, or any other means
restrict do any of the following:
AB582-ASA2,18,18
131m. Restrict the ability of an owner of real property to sell or otherwise transfer
14title to or refinance the property by requiring the owner or an agent of the owner to
15take certain actions with respect to the property or pay a related fee, to show
16compliance with taking certain actions with respect to the property, or to pay a fee
17for failing to take certain actions with respect to the property, at any of the following
18times:
AB582-ASA2,39
23Section
39. 706.22 (2) (a) 2m. of the statutes is created to read:
AB582-ASA2,19,324
706.22
(2) (a) 2m. Restrict the ability of a person to purchase or take title to real
25property by requiring the person or an agent of the person to take certain actions with
1respect to the property or pay a related fee, to show compliance with taking certain
2actions with respect to the property, or to pay a fee for failing to take certain actions
3with respect to the property, at any of the following times:
AB582-ASA2,19,44
a. Before the person may complete the purchase of or take title to the property.
AB582-ASA2,19,55
b. At the time of completing the purchase of or taking title to the property.
AB582-ASA2,19,76
c. Within a certain period of time after completing the purchase of or taking title
7to the property.
AB582-ASA2,41
10Section
41. 706.22 (2) (a) 3m. of the statutes is created to read:
AB582-ASA2,19,1611
706.22
(2) (a) 3m. Restrict the ability of a purchaser of or transferee of title to
12residential real property to take occupancy of the property by requiring the
13purchaser or transferee or an agent of the purchaser or transferee to take certain
14actions with respect to the property or pay a related fee, to show compliance with
15taking certain actions with respect to the property, or to pay a fee for failing to take
16certain actions with respect to the property, at any of the following times:
AB582-ASA2,19,1717
a. Before the purchaser or transferee may take occupancy of the property.
AB582-ASA2,19,1818
b. At the time of taking occupancy of the property.
AB582-ASA2,19,1919
c. Within a certain period of time after taking occupancy of the property.
AB582-ASA2,19,2222
706.22
(2) (b) (intro.) Paragraph (a) does not
prohibit do any of the following:
AB582-ASA2,20,2
231. Prohibit a local governmental unit from requiring a real property owner or
24the owner's agent to take certain actions with respect to the property not in
1connection with the
purchase, sale
, or refinancing of, or the transfer of title to, the
2property.
AB582-ASA2,43
3Section
43. 706.22 (2) (b) 2. of the statutes is created to read:
AB582-ASA2,20,74
706.22
(2) (b) 2. Prohibit a local governmental unit from enforcing, or otherwise
5affect the responsibility, authority, or ability of a local governmental unit to enforce,
6a federal or state requirement that does any of the things a local governmental unit
7is prohibited from doing under par. (a).
AB582-ASA2,20,1210
706.22
(3) (a)
If a local governmental unit has in effect on July 14, 2015, an
11ordinance, resolution, or policy that is inconsistent with sub. (2) (a)
1m., the
12ordinance, resolution, or policy does not apply and may not be enforced.
AB582-ASA2,45
13Section
45. 706.22 (3) (b) of the statutes is created to read:
AB582-ASA2,20,1714
706.22
(3) (b)
If a local governmental unit has in effect on the effective date of
15this paragraph .... [LRB inserts date], an ordinance, resolution, or policy that is
16inconsistent with sub. (2) (a) 2m. or 3m., the ordinance, resolution, or policy does not
17apply and may not be enforced.
AB582-ASA2,46
18Section
46. 895.463 of the statutes is created to read:
AB582-ASA2,20,22
19895.463 Zoning ordinances. In any matter relating to a zoning ordinance
20or shoreland zoning ordinance enacted or enforced by a city, village, town, or county,
21the court shall resolve an ambiguity in the meaning of a word or phrase in a zoning
22ordinance or shoreland zoning ordinance in favor of the free use of private property.
AB582-ASA2,21,224
(1)
Actions affecting land use. The treatment of sections 59.69 (5) (f), 60.61
25(4) (f), 62.23 (7) (d) 4., and 66.1001 (4) (f) of the statutes first applies to an action taken
1by a city, village, town, or county that affects the allowable use of land on the effective
2date of this subsection.
AB582-ASA2,21,53
(2)
Development regulation authority. The treatment of section 66.10015 (1)
4(a) of the statutes first applies to a project for which the first request for approval is
5submitted on the effective date of this subsection.
AB582-ASA2,21,86
(3)
Down zoning. The treatment of sections 59.69 (4) (j), 60.61 (2) (a) 6., 62.23
7(7) (am), and 66.10015 (title), (1) (as) and (bs), and (3) of the statutes first applies to
8a down zoning ordinance that is enacted on the effective date of this subsection.
AB582-ASA2,21,119
(4)
Conditional use permits. The treatment of section 66.1001 (2m) (b) of the
10statutes first applies to a conditional use permit that is in effect on the effective date
11of this subsection.