2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Senators Marklein, Craig,
Kapenga, Olsen, Nass,
Stroebel and Testin, cosponsored by Representatives Pronschinske,
Oldenburg, Dittrich, Horlacher, Knodl, Novak, Tranel, Tusler and
VanderMeer. Referred to Committee on Utilities and Housing.
1An Act to create
87.30 (1d) (d) of the statutes; relating to: the regulation of
2nonconforming buildings in a floodplain.
Analysis by the Legislative Reference Bureau
Under this bill, if modifications made to a nonconforming building bring the
building into conformity with federal standards under federal laws relating to
floodplain land use, the Department of Natural Resources may not prohibit further
modifications based on cost.
Current law prohibits any person from placing or maintaining any structure,
building, fill, or development within any floodplain in violation of a floodplain zoning
ordinance adopted by a county, city, or village or by a Department of Natural
Resources order or determination. Current law prohibits a county, city, or village
under a floodplain zoning ordinance from permitting the repair, reconstruction, or
improvement of a nonconforming building if the nonconforming building, after
repair, reconstruction or improvement, will fail to meet any minimum requirement
applicable to a nonconforming building under the federal statutes and regulations
governing the National Flood Insurance Program (NFIP). Under DNR rule, a
nonconforming building is an existing lawful building that is not in conformity with
the dimensional or structural requirements of a floodplain zoning ordinance for the
area of the floodplain that it occupies.
Current DNR rule prohibits the modification or addition to a nonconforming
building that over the life of the building would exceed 50 percent of its present
equalized assessed value unless the entire building is permanently changed to a
conforming building with a conforming use in compliance with DNR rules. Under
this bill, if, as a result of the repair, reconstruction, or improvement of a
nonconforming building, the entire building is permanently changed to be a
conforming building in compliance with the applicable requirements under the
federal statutes and regulations governing NFIP, DNR may not prohibit further
repair, reconstruction, or improvement of that building based on cost.
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:
87.30 (1d) (d) of the statutes is created to read:
(d) If, as a result of the repair, reconstruction, or improvement of a 3
nonconforming building, the entire building is permanently changed to be a 4
conforming building in compliance with the applicable requirements under 42 USC
or the regulations promulgated under those provisions, the department 6
may not prohibit further repair, reconstruction, or improvement of that building 7
based on cost.