AB917,7
23Section 7
. 20.566 (7) (v) of the statutes is amended to read:
AB917,9,224
20.566
(7) (v)
Investment and local impact fund. From the investment and local
25impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
1moneys appropriated under s. 20.370 (4) (gr), to be disbursed under ss. 70.395 (2) (d)
2to (g), 293.33 (4),
and 293.65 (5) (a)
, 295.443, and 295.61 (9) (a) and (c).
AB917,8
3Section 8
. 23.0917 (4) (c) 3. of the statutes is amended to read:
AB917,9,44
23.0917
(4) (c) 3. Grants under
ss. s. 23.098
and 23.099.
AB917,9
5Section 9
. 23.099 of the statutes is repealed.
AB917,10
6Section 10
. 23.321 (1) (intro.) and (b) of the statutes are consolidated,
7renumbered 23.321 (1) and amended to read:
AB917,9,98
23.321
(1) Definition. In this section
: (b) “Wetland”, “wetland” has the
9meaning given in s. 23.32 (1).
AB917,11
10Section 11
. 23.321 (1) (am) of the statutes is repealed.
AB917,12
11Section 12
. 23.321 (2) (d) of the statutes is repealed.
AB917,13
12Section 13
. 23.321 (2g) of the statutes is repealed.
AB917,14
13Section 14
. 23.321 (4) (a) 3. of the statutes is amended to read:
AB917,9,1614
23.321
(4) (a) 3. Provide a wetland confirmation not later than 60 days after
15a person files a request, in the manner and form required by the department, for a
16wetland confirmation
under sub. (2) (c).
AB917,15
17Section 15
. 23.321 (4) (a) 4. of the statutes is repealed.
AB917,16
18Section 16
. 23.321 (5) (a) of the statutes is renumbered 23.321 (5) and
19amended to read:
AB917,9,2320
23.321
(5) Except as provided in par. (b), a A wetland identification provided
21by the department under sub. (2) (b) and a wetland confirmation provided by the
22department under sub. (2) (c) remain effective for 5 years from the date provided by
23the department.
AB917,17
24Section 17
. 23.321 (5) (b) of the statutes is repealed.
AB917,18
25Section 18
. 29.604 (4) (intro.) of the statutes is amended to read:
AB917,10,2
129.604
(4) Prohibition. (intro.) Except as provided in
subs. sub (6r)
and (7m) 2or as permitted by departmental rule or permit:
AB917,19
3Section 19
. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB917,10,84
29.604
(4) (c) (intro.) No person may do any of the following to any wild plant
5of an endangered or threatened species that is on public property or on property that
6he or she does not own or lease, except in the course of forestry or agricultural
7practices
, or in the construction, operation, or maintenance of a utility facility
, or as
8part of bulk sampling activities under s. 295.45:
AB917,20
9Section 20
. 29.604 (7m) of the statutes is repealed.
AB917,21
10Section 21
. 30.025 (1e) (a) of the statutes is amended to read:
AB917,10,1311
30.025
(1e) (a) Except as provided in
pars. par. (b)
and (c), this section applies
12to a proposal to construct a utility facility if the utility facility is required to obtain,
13or give notification of the wish to proceed under, one or more permits.
AB917,22
14Section 22
. 30.025 (1e) (c) of the statutes is repealed.
AB917,23
15Section 23
. 30.133 (2) of the statutes is amended to read:
AB917,10,2116
30.133
(2) This section does not apply to riparian land located within the
17boundary of any hydroelectric project licensed or exempted by the federal
18government, if the conveyance is authorized under any license, rule or order issued
19by the federal agency having jurisdiction over the project.
This section does not apply
20to riparian land that is associated with an approval required for bulk sampling or
21mining that is required under subch. III of ch. 295.
AB917,24
22Section 24
. 31.23 (3) (e) of the statutes is repealed.
AB917,25
23Section 25
. 32.02 (12) of the statutes is amended to read:
AB917,11,224
32.02
(12) Any person operating a plant which creates waste material which,
25if released without treatment would cause stream pollution, for the location of
1treatment facilities. This subsection does not apply to a person with a permit under
2ch. 293
or subch. III of ch. 295.
AB917,26
3Section 26
. 59.692 (1) (bn) of the statutes is amended to read:
AB917,11,74
59.692
(1) (bn) “Shoreland setback area" means an area in a shoreland that is
5within a certain distance of the ordinary high-water mark in which the construction
6or placement of
buildings or structures has been limited or prohibited under an
7ordinance enacted under this section.
AB917,27
8Section 27
. 59.692 (1) (e) of the statutes is repealed.
AB917,28
9Section 28
. 59.692 (1c) of the statutes is renumbered 59.692 (1m).
AB917,29
10Section 29
. 59.692 (1d) of the statutes is repealed.
AB917,30
11Section 30
. 59.692 (1f) of the statutes is repealed.
AB917,31
12Section 31
. 59.692 (1k) of the statutes is repealed.
AB917,32
13Section 32
. 59.692 (1u) of the statutes is created to read:
AB917,11,1914
59.692
(1u) (a) Restrictions that are applicable to damaged or destroyed
15nonconforming structures and that are contained in an ordinance enacted under this
16section may not prohibit the restoration of a nonconforming structure if the structure
17will be restored to the size, subject to par. (b), location, and use that it had
18immediately before the damage or destruction occurred or impose any limits on the
19costs of the repair, reconstruction, or improvement if all of the following apply:
AB917,11,2120
1. The nonconforming structure was damaged or destroyed after October 14,
211997.
AB917,11,2322
2. The damage or destruction was caused by violent wind, vandalism, fire,
23flood, ice, snow, mold, or infestation.
AB917,12,224
(b) An ordinance enacted under this section to which par. (a) applies shall allow
25for the size of a structure to be larger than the size it was immediately before the
1damage or destruction if necessary for the structure to comply with applicable state
2or federal requirements.
AB917,33
3Section 33
. 59.692 (2m) of the statutes is repealed and recreated to read:
AB917,12,44
59.692
(2m) (a) In this subsection:
AB917,12,75
1. “Development regulations" means the part of a shoreland zoning ordinance
6enacted under this section that applies to elements including setback, height, lot
7coverage, and side yard.
AB917,12,118
2. “Nonconforming structure" means a dwelling or other building that existed
9lawfully before the current shoreland zoning ordinance was enacted or amended, but
10that does not conform with one or more of the development regulations in the current
11shoreland zoning ordinance.
AB917,12,1312
(b) A county may not enact, and a county, city, or village may not enforce, a
13provision in a county shoreland zoning ordinance that does any of the following:
AB917,12,1714
1. Regulates the location, maintenance, expansion, replacement, repair, or
15relocation of a nonconforming structure if that provision is more restrictive than the
16shoreland zoning standards for nonconforming structures promulgated by the
17department under this section.
AB917,12,2018
2. Regulates the construction of a structure or building on a substandard lot
19if that provision is more restrictive than the shoreland zoning standards for
20substandard lots promulgated by the department under this section.
AB917,34
21Section 34
. 59.692 (4) (b) of the statutes is amended to read:
AB917,13,222
59.692
(4) (b) Variances and appeals regarding shorelands within a county are
23for the board of adjustment for that county under s. 59.694, and the procedures of
24that section apply.
Notwithstanding s. 59.694 (4), the department may not appeal
25a decision of the county to grant or deny a variance under this section but may, upon
1the request of a county board of adjustment, issue an opinion on whether a variance
2should be granted or denied.
AB917,35
3Section 35
. 59.692 (5m) of the statutes is repealed.
AB917,36
4Section 36
. 61.353 (3) (intro.) of the statutes is amended to read:
AB917,13,75
61.353
(3) (intro.) A village ordinance enacted under this section shall
accord
6and be consistent with the requirements and limitations under s. 59.692 (1d), (1f),
7and (1k) and shall include at least all of the following provisions:
AB917,37
8Section 37
. 61.353 (3) (c) of the statutes is created to read:
AB917,13,129
61.353
(3) (c) 1. A provision requiring a person who owns shoreland property
10that contains vegetation to maintain that vegetation in a vegetative buffer zone
11along the entire shoreline of the property and extending 35 feet inland from the
12ordinary high-water mark of the navigable water, except as provided in subd. 2.
AB917,13,1613
2. If the vegetation in a vegetative buffer zone contains invasive species or dead
14or diseased vegetation, the owner of the shoreland property may remove the
15vegetation, except that if the owner removes all of the vegetation in the vegetative
16buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
AB917,38
17Section 38
. 61.353 (3) (d) of the statutes is created to read:
AB917,13,2218
61.353
(3) (d) A provision allowing a person who is required to maintain or
19establish a vegetative buffer zone under par. (c) to remove all of the vegetation in a
20part of that zone in order to establish a viewing or access corridor that is no greater
21than 30 feet wide for every 100 feet of shoreline frontage and that extends no more
22than 35 feet inland from the ordinary high-water mark.
AB917,39
23Section 39
. 62.233 (3) (intro.) of the statutes is amended to read:
AB917,14,3
162.233
(3) (intro.) A city ordinance enacted under this section shall
accord and
2be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and
3(1k) and shall include at least all of the following provisions:
AB917,40
4Section 40
. 62.233 (3) (c) of the statutes is created to read:
AB917,14,85
62.233
(3) (c) 1. A provision requiring a person who owns shoreland property
6that contains vegetation to maintain that vegetation in a vegetative buffer zone
7along the entire shoreline of the property and extending 35 feet inland from the
8ordinary high-water mark of the navigable water, except as provided in subd. 2.
AB917,14,129
2. If the vegetation in a vegetative buffer zone contains invasive species or dead
10or diseased vegetation, the owner of the shoreland property may remove the
11vegetation, except that if the owner removes all of the vegetation in the vegetative
12buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
AB917,41
13Section 41
. 62.233 (3) (d) of the statutes is created to read:
AB917,14,1814
62.233
(3) (d) A provision allowing a person who is required to maintain or
15establish a vegetative buffer zone under par. (c) to remove all of the vegetation in a
16part of that zone in order to establish a viewing or access corridor that is no greater
17than 30 feet wide for every 100 feet of shoreline frontage and that extends no more
18than 35 feet inland from the ordinary high-water mark.
AB917,42
19Section
42. 66.1036 of the statutes is repealed.
AB917,43
20Section 43
. 70.375 (1) (as) of the statutes is amended to read:
AB917,14,2321
70.375
(1) (as) “Mine" means an excavation in or at the earth's surface made
22to extract metalliferous minerals for which a permit has been issued under s. 293.49
23or 295.58.
AB917,44
24Section 44
. 70.375 (1) (bm) of the statutes is amended to read:
AB917,15,8
170.375
(1) (bm) “Mining-related purposes" means activities which are directly
2in response to the application for a mining permit under s. 293.37
or 295.47; directly
3in response to construction, operation, curtailment of operation or cessation of
4operation of a metalliferous mine site; or directly in response to conditions at a
5metalliferous mine site which is not in operation. “Mining-related purposes" also
6includes activities which anticipate the economic and social consequences of the
7cessation of mining. “Mining-related purposes" also includes the purposes under s.
870.395 (2) (g).
AB917,45
9Section 45
. 70.375 (2) (b) of the statutes is amended to read:
AB917,15,1410
70.375
(2) (b) The secretary may promulgate any rules necessary to implement
11the tax under ss. 70.37 to 70.39 and 70.395 (1e). In respect to mines not in operation
12on November 28, 1981, ss. 71.10 (1), 71.30 (1)
and (2), 71.74 (2), (3), (9), (11) and (15),
1371.77, 71.78, 71.80 (6), 71.83 (1) (a) 1. and 2. and (b) 2. and (2) (a) 3. and (b) 1. and
1471.85 (2) apply to the administration of this section.
AB917,46
15Section 46
. 70.375 (4) (h) of the statutes is amended to read:
AB917,15,1716
70.375
(4) (h) The cost of premiums for bonds required under s.
293.26 (9), 17293.51
, 295.45 (5), or 295.59.
AB917,47
18Section 47
. 70.38 (2) of the statutes is amended to read:
AB917,15,2219
70.38
(2) Combined reporting. If the same person extracts metalliferous
20minerals from different sites in this state, the net proceeds for each site for which a
21permit has been issued under s. 293.49
or 295.58 shall be reported separately for the
22purposes of computing the amount of the tax under s. 70.375 (5).
AB917,48
23Section 48
. 70.395 (1e) of the statutes is amended to read:
AB917,16,624
70.395
(1e) Distribution. Fifteen days after the collection of the tax under ss.
2570.38 to 70.39, the department of administration, upon certification of the
1department of revenue, shall transfer the amount collected in respect to mines not
2in operation on November 28, 1981, to the investment and local impact fund
, except
3that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department
4of administration shall transfer 60 percent of the amount collected from each person
5extracting ferrous metallic minerals to the investment and local impact fund and 40
6percent of the amount collected from any such person to the general fund.
AB917,49
7Section 49
. 70.395 (2) (dc) 1. of the statutes is amended to read:
AB917,16,118
70.395
(2) (dc) 1. Each person intending to submit an application for a mining
9permit
under s. 293.37 or 295.47 shall pay $75,000 to the department of revenue for
10deposit in the investment and local impact fund at the time that the person notifies
11the department of natural resources under s. 293.31 (1)
or 295.465 of that intent.
AB917,50
12Section 50
. 70.395 (2) (dc) 4. of the statutes is amended to read:
AB917,16,1713
70.395
(2) (dc) 4. Six months after the signing of a local agreement under s.
14293.41
or 295.443 for the proposed mine for which the payment is made, the board
15shall refund any funds paid under this paragraph but not distributed under par. (fm)
16from the investment and local impact fund to the person making the payment under
17this paragraph.
AB917,51
18Section 51
. 70.395 (2) (fm) of the statutes is amended to read:
AB917,17,219
70.395
(2) (fm) The board may distribute a payment received under par. (dc)
20to a county, town, village, city, tribal government or local impact committee
21authorized under s. 293.41 (3)
or 295.443 only for legal counsel, qualified technical
22experts in the areas of transportation, utilities, economic and social impacts,
23environmental impacts and municipal services and other reasonable and necessary
24expenses incurred by the recipient that directly relate to the good faith negotiation
1of a local agreement under s. 293.41
or 295.443 for the proposed mine for which the
2payment is made.
AB917,52
3Section 52
. 70.395 (2) (g) (intro.) of the statutes is amended to read:
AB917,17,74
70.395
(2) (g) (intro.) The board may distribute the revenues received under
5sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes,
6with a preference to private sector economic development projects under subd. 3., as
7the board determines necessary:
AB917,53
8Section 53
. 70.395 (2) (g) 3. of the statutes is amended to read:
AB917,17,109
70.395
(2) (g) 3. Studies and projects for local
private sector economic 10development.
AB917,54
11Section 54
. 70.395 (2) (h) 1. of the statutes is amended to read: