AB861: Bill Text

AB861,11 Section 11. 59.692 (1t) of the statutes is created to read:

AB861,5,21 59.692 (1t) (a) Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this section may not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to par. (b), location and use that it had immediately before the damage or destruction occurred or impose any limits on the costs of the repair, reconstruction or improvement if all of the following apply:

AB861,5,23 1. The nonconforming structure was damaged or destroyed after October 14, 1997.

AB861,5,25 2. The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

AB861,6,4 (b) An ordinance enacted under this section to which par. (a) applies shall allow for the size of a structure to be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

AB861,12 Section 12. 59.692 (2m) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed and recreated to read:

AB861,6,7 59.692 (2m) (a) In this subsection:

AB861,6,10 1. "Development regulations" means the part of a shoreland zoning ordinance enacted under this section that applies to elements including setback, height, lot coverage, and side yard.

AB861,6,14 2. "Nonconforming structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current shoreland zoning ordinance.

AB861,6,16 (b) A county may not enact, and a county, city, or village may not enforce, a provision in a county shoreland zoning ordinance that does any of the following:

AB861,6,20 1. Regulates the location, maintenance, expansion, replacement, repair, or relocation of a nonconforming structure if that provision is more restrictive than the shoreland zoning standards for nonconforming structures promulgated by the department under this section.

AB861,6,23 2. Regulates the construction of a structure or building on a substandard lot if that provision is more restrictive than the shoreland zoning standards for substandard lots promulgated by the department under this section.

AB861,13 Section 13. 59.692 (4) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB861,7,6 59.692 (4) (b) Variances and appeals regarding shorelands within a county are for the board of adjustment for that county under s. 59.694, and the procedures of that section apply. Notwithstanding s. 59.694 (4), the department may not appeal a decision of the county to grant or deny a variance under this section but may, upon the request of a county board of adjustment, issue an opinion on whether a variance should be granted or denied.

AB861,14 Section 14. 59.692 (5m) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB861,15 Section 15. 61.353 (3) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB861,7,13 61.353 (3) (intro.) A village ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and (1k) and shall include at least all of the following provisions:

AB861,16 Section 16. 61.353 (3) (cm) of the statutes is created to read:

AB861,7,18 61.353 (3) (cm) 1. A provision requiring a person who owns shoreland property that contains vegetation to maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in subd. 2.

AB861,7,22 2. If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the vegetation, except that if the owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

AB861,17 Section 17. 61.353 (3) (dm) of the statutes is created to read:

AB861,8,3 61.353 (3) (dm) A provision allowing a person who is required to maintain or establish a vegetative buffer zone under par. (cm) to remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and that extends no more than 35 feet inland from the ordinary high-water mark.

AB861,18 Section 18. 62.233 (3) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB861,8,8 62.233 (3) (intro.) A city ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and (1k) and shall include at least all of the following provisions:

AB861,19 Section 19. 62.233 (3) (cm) of the statutes is created to read:

AB861,8,13 62.233 (3) (cm) 1. A provision requiring a person who owns shoreland property that contains vegetation to maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in subd. 2.

AB861,8,17 2. If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the vegetation, except that if the owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

AB861,20 Section 20. 62.233 (3) (dm) of the statutes is created to read:

AB861,8,23 62.233 (3) (dm) A provision allowing a person who is required to maintain or establish a vegetative buffer zone under par. (cm) to remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and that extends no more than 35 feet inland from the ordinary high-water mark.

AB861,21 Section 21. 281.31 (2m) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed and recreated to read:

AB861,9,6 281.31 (2m) Notwithstanding any other provision of law or administrative rule, a shoreland zoning ordinance required under s. 59.692, a construction site erosion control and storm water management zoning ordinance authorized under s. 59.693, 60.627, 61.354 or 62.234 or a wetland zoning ordinance required under s. 61.351 or 62.231 does not apply to lands adjacent to farm drainage ditches if all of the following apply:

AB861,9,7 (a) The lands are not adjacent to a natural navigable stream or river.

AB861,9,9 (b) Those parts of the drainage ditches adjacent to these lands were nonnavigable streams before ditching.

AB861,9,10 (c) The lands are maintained in nonstructural agricultural use.

AB861,22 Section 22. Fiscal changes.

AB861,9,20 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2015, the dollar amount for fiscal year 2015-16 is decreased by $102,900,000 to provide Medical Assistance to certain adults with incomes up to 133 percent of the federal poverty line. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2015, the dollar amount for fiscal year 2016-17 is decreased by $220,600,000 to provide Medical Assistance to certain adults with incomes up to 133 percent of the federal poverty line.

AB861,23 Section 23. Effective date.

AB861,9,24 (1) The treatment of sections 49.45 (23) (a) and 49.471 (1) (cr), (4) (a) 4. b., and (4g) takes effect on January 1, 2016, or on the day after publication, whichever is later.

AB861,9,25 (End)