2019 - 2020 LEGISLATURE
June 7, 2019 - Introduced by Representatives Sanfelippo, Brandtjen, Gundrum,
Hutton, Knodl, Kuglitsch, Magnafici, Neylon, Ott, Ramthun, Tusler,
Wichgers and Allen, cosponsored by Senators Tiffany, Craig,
Nass, Stroebel and Bernier. Referred to Committee on Transportation.
1An Act to renumber
85.193 (1) (a);
85.193 (title) and 85.193 (2) 2
(intro.); and to create
85.193 (1) (ag) and 85.193 (1) (bg) of the statutes; 3relating to: exemption from local zoning ordinances for certain transportation
4project aggregate and concrete production sites.
Analysis by the Legislative Reference Bureau
Under current law, borrow sites and material disposal sites used for certain
transportation projects are exempt from certain local zoning ordinances. A borrow
site is, in general, a site from which soil, stone, gravel, or other similar material is
excavated. A material disposal site is, in general, a site that is used for the lawful
disposal of surplus materials from a project. These sites qualify for the exemption
if all of the following apply: 1) the owner of the property consents to the establishment
of a site on his or her property; 2) the Department of Transportation determines that
the site is not a commercial establishment with a fixed place of business from which
the establishment regularly supplies processed or manufactured materials or
products; 3) the project contractor assumes sole responsibility for the operation of the
site; 4) the site is used solely for the project and solely during the period of
construction of the project; 5) the project contractor does not manufacture finished
aggregate products from the materials excavated at the borrow site; and 6) the
transportation project contractor agrees to comply with certain safety and
This bill adds aggregate sites and construction batch sites to the exemption
described above. Aggregate sites are sites from which aggregate is excavated or
excavated and processed. Concrete batch sites are temporary facilities at which
ingredients are combined to produce concrete for use in the transportation project.
For further information see the state and 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:
85.193 (title) of the statutes is amended to read:
Material acquisition, preparation, and material
3disposal sites for transportation projects.
85.193 (1) (a) of the statutes is renumbered 85.193 (1) (ax).
85.193 (1) (ag) of the statutes is created to read:
(ag) “Aggregate site” means a site off the transportation project 7
property from which aggregate for use in a transportation project is excavated or 8
excavated and processed.
85.193 (1) (bg) of the statutes is created to read:
(bg) “Concrete batch site” means a temporary facility located off of 11
the transportation project property at which ingredients are combined to produce 12
concrete for use in a transportation project.
85.193 (2) (intro.) of the statutes is amended to read:
85.193 (2) Exemption from local zoning.
(intro.) No zoning ordinance enacted 15
under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply to a an aggregate site,
site, concrete batch site,
or material disposal site if all of the following apply: