LRB-5361/1
EVM:kjf&ahe
2017 - 2018 LEGISLATURE
February 13, 2018 - Introduced by Senator Craig, cosponsored by Representative
August. Referred to Committee on Insurance, Financial Services,
Constitution and Federalism.
SB800,1,3 1An Act to amend 59.69 (4m) (a), 59.69 (4m) (b), 60.64 (1), 60.64 (2), 62.23 (7) (em)
21. and 62.23 (7) (em) 2.; and to create 59.69 (4m) (bm), 60.64 (2m) and 62.23
3(7) (em) 2m. of the statutes; relating to: local regulation of historic properties.
Analysis by the Legislative Reference Bureau
Under current law, a political subdivision may regulate places, structures, or
objects with special character, historic interest, aesthetic interest, or other
significant value. A political subdivision may also designate historic landmarks and
establish historic districts and may regulate the historic landmarks or the properties
within a historic district for historic preservation purposes.
Under this bill, a political subdivision may not designate a property as a historic
landmark without the consent of the owner. Also under this bill, a political
subdivision may not establish a historic district unless the political subdivision
receives the consent of the owners of one-half of the land in area within the proposed
district or the owners of one-half of the real property in assessed value within the
proposed district.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB800,1
1Section 1. 59.69 (4m) (a) of the statutes is amended to read:
SB800,2,112 59.69 (4m) (a) Subject to par. pars. (b) and (bm), a county, as an exercise of its
3zoning and police powers for the purpose of promoting the health, safety and general
4welfare of the community and of the state, may regulate by ordinance any place,
5structure or object with a special character, historic interest, aesthetic interest or
6other significant value, for the purpose of preserving the place, structure or object
7and its significant characteristics. Subject to pars. (b), (bm), and (c), the county may
8create a landmarks commission to designate historic landmarks and establish
9historic districts. Subject to par. pars. (b) and (bm), the county may regulate all
10historic landmarks and all property within each historic district to preserve the
11historic landmarks and property within the district and the character of the district.
SB800,2 12Section 2. 59.69 (4m) (b) of the statutes is amended to read:
SB800,2,2013 59.69 (4m) (b) Before the county designates a historic landmark or establishes
14a historic district, the county shall hold a public hearing. If the county proposes to
15designate a place, structure, or object as a historic landmark or establish a historic
16district that includes a place, structure, or object, the county shall, by 1st class mail,
17notify the owner of the place, structure, or object of the determination and of the time
18and place of the public hearing on the determination. If the county proposes to
19establish a historic district, the notifications under this paragraph shall be provided
20not less than 180 days before the proposed establishment date of the district.
SB800,3 21Section 3. 59.69 (4m) (bm) of the statutes is created to read:
SB800,2,2322 59.69 (4m) (bm) 1. A county may not designate a property as a historic
23landmark without the consent of the owner.
SB800,3,3
12. A county may not establish a historic district unless, within 60 days of
2providing the notifications under par. (b), the county receives the consent of any of
3the following:
SB800,3,44 a. The owners of one-half of the land in area within the proposed district.
SB800,3,65 b. The owners of one-half of the real property in assessed value within the
6proposed district.
SB800,4 7Section 4. 60.64 (1) of the statutes is amended to read:
SB800,3,178 60.64 (1) Subject to sub. subs. (2) and (2m), the town board, in the exercise of
9its zoning and police powers for the purpose of promoting the health, safety and
10general welfare of the community and of the state, may regulate any place, structure
11or object with a special character, historic interest, aesthetic interest or other
12significant value for the purpose of preserving the place, structure or object and its
13significant characteristics. Subject to subs. (2), (2m), and (3), the town board may
14create a landmarks commission to designate historic landmarks and establish
15historic districts. Subject to sub. subs. (2) and (2m), the board may regulate all
16historic landmarks and all property within each historic district to preserve the
17historic landmarks and property within the district and the character of the district.
SB800,5 18Section 5. 60.64 (2) of the statutes is amended to read:
SB800,4,219 60.64 (2) Before the town board designates a historic landmark or establishes
20a historic district, the town board shall hold a public hearing. If the town board
21proposes to designate a place, structure, or object as a historic landmark or establish
22a historic district that includes a place, structure, or object, the town board shall, by
231st class mail, notify the owner of the place, structure, or object of the determination
24and of the time and place of the public hearing on the determination. If the town
25board proposes to establish a historic district, the notifications under this subsection

1shall be provided not less than 180 days before the proposed establishment date of
2the district.
SB800,6 3Section 6. 60.64 (2m) of the statutes is created to read:
SB800,4,54 60.64 (2m) (a) The town board may not designate a property as a historic
5landmark without the consent of the owner.
SB800,4,86 (b) The town board may not establish a historic district unless, within 60 days
7of providing the notifications under sub. (2), the town board receives the consent of
8any of the following:
SB800,4,99 1. The owners of one-half of the land in area within the proposed district.
SB800,4,1110 2. The owners of one-half of the real property in assessed value within the
11proposed district.
SB800,7 12Section 7. 62.23 (7) (em) 1. of the statutes is amended to read:
SB800,5,213 62.23 (7) (em) 1. Subject to subd. subds. 2. and 2m., a city, as an exercise of its
14zoning and police powers for the purpose of promoting the health, safety and general
15welfare of the community and of the state, may regulate by ordinance, or if a city
16contains any property that is listed on the national register of historic places in
17Wisconsin or the state register of historic places shall, not later than 1995, enact an
18ordinance to regulate, any place, structure or object with a special character, historic,
19archaeological or aesthetic interest, or other significant value, for the purpose of
20preserving the place, structure or object and its significant characteristics. Subject
21to subds. 2., 2m., and 3., a city may create a landmarks commission to designate
22historic or archaeological landmarks and establish historic districts. Subject to subd.
23subds. 2. and 2m., the city may regulate, or if the city contains any property that is
24listed on the national register of historic places in Wisconsin or the state register of
25historic places shall regulate, all historic or archaeological landmarks and all

1property within each historic district to preserve the historic or archaeological
2landmarks and property within the district and the character of the district.
SB800,8 3Section 8. 62.23 (7) (em) 2. of the statutes is amended to read:
SB800,5,114 62.23 (7) (em) 2. Before the city designates a historic landmark or establishes
5a historic district, the city shall hold a public hearing. If the city proposes to
6designate a place, structure, or object as a historic landmark or establish a historic
7district that includes a place, structure, or object, the city shall, by 1st class mail,
8notify the owner of the place, structure, or object of the determination and of the time
9and place of the public hearing on the determination. If the city proposes to establish
10a historic district, the notifications under this subdivision shall be provided not less
11than 180 days before the proposed establishment date of the district.
SB800,9 12Section 9. 62.23 (7) (em) 2m. of the statutes is created to read:
SB800,5,1413 62.23 (7) (em) 2m. a. A city may not designate a property as a historic landmark
14without the consent of the owner.
SB800,5,1815 b. A city may not establish a historic district unless, within 60 days of providing
16the notifications under subd. 2., the city receives the consent of either the owners of
17one-half of the land in area within the proposed district or the owners of one-half
18of the real property in assessed value within the proposed district.
SB800,5,1919 (End)
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