AB582: Bill Text

AB582,4 Section 4. 59.692 (1h) of the statutes is created to read:

AB582,6,3 59.692 (1h) If a professional land surveyor licensed under ch. 443, in measuring a setback from an ordinary high-water mark of a navigable water as required by an ordinance enacted under this section, relies on a map, plat, or survey that incorporates or approximates the ordinary high-water mark in accordance with s. 236.025, the setback measured is the setback with respect to a structure constructed on that property if all of the following apply:

AB582,6,7 (a) The map, plat, or survey is prepared by a professional land surveyor, licensed under ch. 443, after the effective date of this paragraph .... [LRB inserts date]. The same professional land surveyor may prepare the map, plat, or survey and measure the setback.

AB582,6,9 (b) The department has not identified the ordinary high-water mark on its Internet site as is required under s. 30.102 at the time the setback is measured.

AB582,5 Section 5. 59.692 (1k) (a) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582,6,17 59.692 (1k) (a) 2. Except as provided in par. (b), requires any approval or imposes any fee or mitigation requirement for, or otherwise prohibits or regulates, the maintenance, repair, replacement, restoration, rebuilding, or remodeling of all or any part of a nonconforming structure or a structure of which any part is legally located in the shoreland setback area only by operation of a variance if the activity does not expand the footprint of the nonconforming structure.

AB582,6 Section 6. 59.692 (1k) (a) 4. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582,6,24 59.692 (1k) (a) 4. Requires any approval or imposes any fee or mitigation requirement for, or otherwise prohibits or regulates, the vertical expansion of a nonconforming structure or a structure of which any part is legally located in the shoreland setback area only by operation of a variance unless the vertical expansion would extend more than 35 feet above grade level.

AB582,7 Section 7. 59.692 (1k) (a) 6. of the statutes is created to read:

AB582,7,2 59.692 (1k) (a) 6. Prohibits placement in a shoreland setback area of a device or system authorized under par. (a) 5.

AB582,8 Section 8. 59.692 (1k) (b) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582,7,9 59.692 (1k) (b) A county shoreland zoning ordinance shall allow an activity specified under par. (a) 2. to expand the footprint of a nonconforming structure or a structure of which any part is legally located in the shoreland setback area only by operation of a variance if the expansion is necessary for the structure to comply with applicable state or federal requirements.

AB582,9 Section 9. 59.692 (1p) of the statutes is created to read:

AB582,7,16 59.692 (1p) The department may not promulgate a standard and a county may not enact an ordinance under this section that prohibits the owner of a boathouse in the shoreland setback area that has a flat roof from using the roof as a deck if the roof has no side walls or screens or from having or installing a railing around that roof if the railing is consistent with standards promulgated by the department of safety and professional services under ch. 101.

AB582,10 Section 10. 59.692 (7) of the statutes is created to read:

AB582,7,22 59.692 (7) (a) In this subsection, "facility" means any property or equipment of a public utility, as defined in s. 196.01 (5), or a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, or power to its members only, that is used for the transmission, delivery, or furnishing of natural gas, heat, light, or power.

AB582,7,25 (b) The construction and maintenance of a facility is considered to satisfy the requirements of this section and any county ordinance enacted under this section if any of the following applies:

AB582,8,2 1. The department has issued all required permits or approvals authorizing the construction or maintenance under ch. 30, 31, 281, or 283.

AB582,8,6 2. No department permit or approval under subd. 1. is required for the construction or maintenance and the construction or maintenance is conducted in a manner that employs best management practices to infiltrate or otherwise control storm water runoff from the facility.

AB582,11 Section 11. 60.23 (33) of the statutes is amended to read:

AB582,8,10 60.23 (33) Comprehensive plan. Adopt or amend a master plan under s. 62.23. A master plan under this subsection may not prohibit any use specified as a conditional use in a zoning ordinance enacted by the town.

AB582,12 Section 12. 60.61 (2) (a) 6. of the statutes is amended to read:

AB582,8,13 60.61 (2) (a) 6. The Subject to s. 66.10015 (3), the density and distribution of population.

AB582,13 Section 13. 60.61 (4) (f) of the statutes is amended to read:

AB582,9,4 60.61 (4) (f) The town board shall maintain a list of persons who submit a written request to receive notice of any proposed ordinance or amendment that affects the allowable use of the property owned by the person. If the town zoning committee completes a final report on a proposed zoning ordinance and the town board is prepared to vote on the proposed ordinance under par. (b) or if the town board is prepared to vote on a proposed amendment under par. (c) 1., the town board shall send a notice, which contains a copy or summary of the proposed ordinance or amendment, to each person on the list whose property, the allowable use or size or density requirements of which, may be affected by the proposed ordinance or amendment. The notice shall be by mail or in any reasonable form that is agreed to by the person and the town board. The town board may charge each person on the list who receives a notice a fee that does not exceed the approximate cost of providing the notice to the person. An ordinance or amendment that is subject to this paragraph may take effect even if the town board fails to send the notice that is required by this paragraph.

AB582,14 Section 14. 62.23 (7) (am) of the statutes is amended to read:

AB582,9,16 62.23 (7) (am) Grant of power. For the purpose of promoting health, safety, morals or the general welfare of the community, the council may regulate and restrict by ordinance, subject to par. (hm), the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, subject to s. 66.10015 (3) the density of population, and the location and use of buildings, structures and land for trade, industry, mining, residence or other purposes if there is no discrimination against temporary structures. This subsection and any ordinance, resolution or regulation enacted or adopted under this section, shall be liberally construed in favor of the city and as minimum requirements adopted for the purposes stated. This subsection may not be deemed a limitation of any power granted elsewhere.

AB582,15 Section 15. 62.23 (7) (d) 4. of the statutes is amended to read:

AB582,9,25 62.23 (7) (d) 4. The city council shall maintain a list of persons who submit a written request to receive notice of any proposed zoning action that may be taken under subd. 1. a. or b. or 2. that affects the allowable use of the person's property. If the plan commission, the board of public land commissioners, or city plan committee of the city council completes action on any tentative recommendations that are noticed under subd. 1. a., proposed changes to a proposed district plan and regulations that are submitted under subd. 1. b., or proposed amendments that are submitted under subd. 2., and the city council is prepared to vote on the tentative recommendations, proposed changes to a proposed district plan, and regulations or proposed amendments, the city council shall send a notice, which contains a copy or summary of the tentative recommendations, proposed changes to a proposed district plan, and regulations or proposed amendments, to each person on the list whose property, the allowable use of which, may be affected by the tentative recommendations or proposed changes or amendments. The notice shall be by mail or in any reasonable form that is agreed to by the person and the city council. The city council may charge each person on the list who receives a notice a fee that does not exceed the approximate cost of providing the notice to the person. An ordinance or amendment that is subject to this subdivision may take effect even if the city council fails to send the notice that is required by this subdivision.

AB582,16 Section 16. 66.1001 (4) (f) of the statutes is amended to read:

AB582,10,22 66.1001 (4) (f) A political subdivision shall maintain a list of persons who submit a written request to receive notice of any proposed ordinance, described under par. (c), that affects the allowable use of the property owned by the person. At least 30 days before the hearing described in par. (d) is held a political subdivision shall provide written notice, including a copy or summary of the proposed ordinance, to all such persons whose property, the allowable use of which, may be affected by the proposed ordinance. The notice shall be by mail or in any reasonable form that is agreed to by the person and the political subdivision. The political subdivision may charge each person on the list who receives a notice a fee that does not exceed the approximate cost of providing the notice to the person.

AB582,17 Section 17. 66.10015 (title) of the statutes is amended to read:

AB582,10,25 66.10015 (title) Limitation on development regulation authority and down zoning.

AB582,18 Section 18. 66.10015 (1) (a) of the statutes is amended to read:

AB582,11,3 66.10015 (1) (a) "Approval" means a permit or authorization for building, zoning, driveway, stormwater, or other activity related to land development a project.

AB582,19 Section 19. 66.10015 (1) (as) of the statutes is created to read:

AB582,11,6 66.10015 (1) (as) "Down zoning ordinance" means a zoning ordinance that affects an area of land in one of the following ways:

AB582,11,8 1. By decreasing the development density of the land to be less dense than was allowed under its previous usage.

AB582,11,10 2. By reducing the permitted uses of the land to fewer uses than were allowed under its previous usage.

AB582,20 Section 20. 66.10015 (1) (b) of the statutes is amended to read:

AB582,11,15 66.10015 (1) (b) "Existing requirements" means regulations, ordinances, rules, or other properly adopted requirements of a political subdivision that are in effect at the time the application for an approval is submitted to the political subdivision or to an agency, as defined in s. 227.01 (1).

AB582,21 Section 21. 66.10015 (1) (bs) of the statutes is created to read:

AB582,11,20 66.10015 (1) (bs) "Members-elect" means those members of the governing body of a political subdivision, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation, or removal from office.

AB582,22 Section 22. 66.10015 (1) (d) of the statutes is amended to read:

AB582,11,25 66.10015 (1) (d) "Project" means a specific and identifiable land development, improvement activity, or use that occurs on defined and adjacent parcels of land, which includes lands separated by roads, waterways, and easements within one or more political subdivisions and is specified in one or more applications for approval.

AB582,23 Section 23. 66.10015 (2) (b) of the statutes is amended to read:

AB582,12,9 66.10015 (2) (b) If a project requires more than one approval or approvals from more than one political subdivision or from an agency, as defined in s. 227.01 (1), and a political subdivision and the applicant identifies the full scope of the project at the time of filing the first application for the first an approval required for the project, the existing requirements applicable in each political subdivision at the time of filing the application for the first approval required for the project shall be applicable to all subsequent approvals required for the project, unless the applicant and the political subdivision agree otherwise.

AB582,24 Section 24. 66.10015 (2) (d) of the statutes is amended to read:

AB582,12,16 66.10015 (2) (d) This section does not prohibit a political subdivision from establishing an expiration date on an approval. Any expiration date established by a political subdivision shall be extended by a period equal to the duration of the pendency of any related applications for approval from an agency, as defined in 227.01 (1), or from a political subdivision, including the duration of any proceedings contesting an approval or conditions of an approval.

AB582,25 Section 25. 66.10015 (3) of the statutes is created to read:

AB582,12,22 66.10015 (3) Down zoning. A political subdivision may enact a down zoning ordinance only if the ordinance is approved by at least three-fourths of the members-elect, except that if the down zoning ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, the ordinance may be enacted by a simple majority of the members-elect.

AB582,26 Section 26. 70.32 (2) (c) 4. of the statutes is renumbered 70.32 (2) (c) 4. (intro.) and amended to read:

AB582,12,25 70.32 (2) (c) 4. (intro.) "Undeveloped land" means bog all of the following:

AB582,13,3 a. Bog, marsh, lowland brush, uncultivated land zoned as shoreland under s. 59.692 and shown as a wetland on a final map under s. 23.32, or other nonproductive lands not otherwise classified under this subsection.

AB582,27 Section 27. 70.32 (2) (c) 4. b. of the statutes is created to read:

AB582,13,10 70.32 (2) (c) 4. b. Land that is platted and zoned for residential, commercial, or manufacturing use until such time that all approvals, including post-construction inspection approvals, required before the initial use of the land for a residential, commercial, or manufacturing use are issued. This subd. 4. b. applies only to land that was in agricultural use for 2 consecutive years prior to being converted to residential, commercial, or manufacturing use.

AB582,28 Section 28. 70.32 (4) of the statutes is renumbered 70.32 (4) (a) and amended to read:

AB582,13,16 70.32 (4) (a) Beginning with the assessments as of January 1, 2004, agricultural forest land shall be assessed at 50% 50 percent of its full value, as determined under sub. (1), and undeveloped land, as defined in sub. (2) (c) 4. a., shall be assessed at 50% 50 percent of its full value, as determined under sub. (1).

AB582,29 Section 29. 70.32 (4) (b) of the statutes is created to read:

AB582,13,21 70.32 (4) (b) Beginning with the assessments as of January 1, 2016, undeveloped land, as defined in sub. (2) (c) 4. b., shall be assessed at its unimproved value until such time that a permit is issued for constructing a building or other structure on the land.

AB582,30 Section 30. 227.445 of the statutes is created to read:

AB582,14,3 227.445 Substitution of hearing examiner assigned by division of hearings and appeals. (1) 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 has assigned a hearing examiner may file a written request with the hearing examiner, not later than 10 days after receipt of the notice under s. 227.44 (1), for a substitution of a new hearing examiner.

AB582,14,4 (2) No person may file more than one request under sub. (1) for a single hearing.

AB582,14,9 (3) Upon receipt of a request under sub. (1), the hearing examiner shall have no further jurisdiction in the matter except to determine if the request was made timely and in proper form. If the request was made timely and in proper form, the hearing examiner shall transfer the matter to another hearing examiner and shall transmit to the new hearing examiner all materials relating to the matter.

AB582,14,13 (4) If the hearing examiner fails to make a determination as to allowing the substitution within 7 days, the hearing examiner shall refer the matter to the administrator of the division of hearings and appeals for the determination and, if proper, the assignment of a substitute hearing examiner.

AB582,31 Section 31. 236.45 (2) (am) (intro.) of the statutes, as affected by 2015 Wisconsin Act 48, is amended to read:

AB582,15,8 236.45 (2) (am) (intro.) Ordinances under par. (ac) may include provisions regulating divisions of land into parcels larger than 1 1/2 acres or divisions of land into less than 5 parcels, and, except as provided in s. 59.69 (4) (intro.) and subject to s. 66.1002, may prohibit the division of land in areas where such prohibition will carry out the purposes of this section. Such ordinances shall make applicable to such divisions all of the provisions of this chapter, or may provide other surveying, monumenting, mapping and approving requirements for such division. The governing body of the municipality, town, or county shall require that a plat of such division be recorded with the register of deeds and kept in a book provided for that purpose or stored electronically. "COUNTY PLAT," "MUNICIPAL PLAT," or "TOWN PLAT" shall be printed on the map in prominent letters with the location of the land by government lot, recorded private claim, quarter-quarter section, section, township, range, and county noted. When so recorded, the lots included in the plat shall be described by reference to "COUNTY PLAT," "MUNICIPAL PLAT," or "TOWN PLAT," the name of the plat and the lot and block in the plat, for all purposes, including those of assessment, taxation, devise, descent, and conveyance as defined in s. 706.01 (4). Such ordinance, insofar as it may apply to divisions of less than 5 parcels, shall not apply to:

AB582,32 Section 32. 700.28 of the statutes is created to read:

AB582,15,12 700.28 Prohibiting unreasonable restrictions on alienation of property. (1) In this section, "political subdivision" means a city, village, town, or county.

AB582,15,14 (2) A political subdivision may not prohibit or unreasonably restrict a real property owner from alienating any interest in the real property.

AB582,33 Section 33. 706.22 (title) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582,15,18 706.22 (title) Prohibition on imposing time-of-sale, purchase, or occupancy requirements.

AB582,34 Section 34. 706.22 (2) (title) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582,15,22 706.22 (2) (title) Requirements tied to sale, purchase, or taking occupancy of property prohibited.

AB582,35 Section 35. 706.22 (2) (a) (intro.) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582,16,2 706.22 (2) (a) (intro.) Except as provided in par. (b), no local governmental unit may by ordinance, resolution, or any other means restrict do any of the following:

AB582,16,8 1m. Restrict the ability of an owner of real property to sell or otherwise transfer title to or refinance the property by requiring the owner or an agent of the owner to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

AB582,36 Section 36. 706.22 (2) (a) 1. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. a.

AB582,37 Section 37. 706.22 (2) (a) 2. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. b.

AB582,38 Section 38. 706.22 (2) (a) 2m. of the statutes is created to read:

AB582,16,18 706.22 (2) (a) 2m. Restrict the ability of a person to purchase or take title to real property by requiring the person or an agent of the person to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

AB582,16,19 a. Before the person may complete the purchase of or take title to the property.

AB582,16,20 b. At the time of completing the purchase of or taking title to the property.

AB582,16,22 c. Within a certain period of time after completing the purchase of or taking title to the property.

AB582,39 Section 39. 706.22 (2) (a) 3. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. c.

AB582,40 Section 40. 706.22 (2) (a) 3m. of the statutes is created to read:

AB582,17,6 706.22 (2) (a) 3m. Restrict the ability of a purchaser of or transferee of title to residential real property to take occupancy of the property by requiring the purchaser or transferee or an agent of the purchaser or transferee to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

AB582,17,7 a. Before the purchaser or transferee may take occupancy of the property.

AB582,17,8 b. At the time of taking occupancy of the property.