LRBs0074/1
MGG:jrd:ks
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 77
March 28, 1995 - Offered by
Committee on Natural Resources.
AB77-ASA1,1,4
1An Act to create 59.971 (1) (d), 59.971 (1) (e), 59.971 (8), 61.351 (1) (ag), 61.351
2(1) (am), 61.351 (7), 62.231 (1) (ag), 62.231 (1) (am) and 62.231 (7) of the
3statutes;
relating to: zoning of shorelands by counties and zoning of wetlands
4in shorelands by cities and villages.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB77-ASA1, s. 1
5Section
1. 59.971 (1) (d) of the statutes is created to read:
AB77-ASA1,1,76
59.971
(1) (d) "Special zoning permission" has the meaning given in s. 59.97
7(15) (g).
AB77-ASA1, s. 2
8Section
2. 59.971 (1) (e) of the statutes is created to read:
AB77-ASA1,1,99
59.971
(1) (e) "Wetland" has the meaning given in s. 23.32 (1).
AB77-ASA1, s. 3
10Section
3. 59.971 (8) of the statutes is created to read:
AB77-ASA1,2,311
59.971
(8) (a) A county may not rezone shorelands, enact an amendment to a
12county ordinance enacted under this section or grant special zoning permission
13under such an ordinance in order to validate any activity that is in a wetland located
14on shorelands and that is in violation of the county zoning ordinance at the time that
1the activity occurs, unless the county had the authority by rezoning or by granting
2a special zoning permission under such an ordinance to approve the activity before
3it occurred.
AB77-ASA1,2,84
(b) If a county determines that an activity to which par. (a) applies has a
5significant adverse impact on the functional values of the wetlands, the county shall
6require the person committing the violation to undertake reasonable efforts to
7restore the wetlands in the manner required under a wetlands restoration plan as
8approved by the department.
AB77-ASA1, s. 4
9Section
4. 61.351 (1) (ag) of the statutes is created to read:
AB77-ASA1,2,1110
61.351
(1) (ag) "Special zoning permission" has the meaning given in s. 62.23
11(7) (i) 7.
AB77-ASA1, s. 5
12Section
5. 61.351 (1) (am) of the statutes is created to read:
AB77-ASA1,2,1513
61.351
(1) (am) "Wetland zoning ordinance" means an ordinance enacted under
14this section by a village or an ordinance enacted under s. 59.971 (7) that applies to
15a wetland in an area annexed by the village.
AB77-ASA1, s. 6
16Section
6. 61.351 (7) of the statutes is created to read:
AB77-ASA1,2,2317
61.351
(7) Rezoning of wetlands. (a) A village may not rezone wetlands, enact
18an amendment to a wetland zoning ordinance or grant special zoning permission
19under a wetland zoning ordinance in order to validate any activity that is subject to
20a wetland zoning ordinance that is in violation of the wetland zoning ordinance at
21the time that the activity occurs, unless the village had the authority by rezoning or
22by granting a special zoning permission under the wetland zoning ordinance to
23approve the activity before it occurred.
AB77-ASA1,3,324
(b) If a village determines that an activity to which par. (a) applies has a
25significant adverse impact on the functional values of the wetlands, the village shall
1require the person committing the violation to undertake reasonable efforts to
2restore the wetlands in the manner required under a wetlands restoration plan as
3approved by the department.
AB77-ASA1, s. 7
4Section
7. 62.231 (1) (ag) of the statutes is created to read:
AB77-ASA1,3,65
62.231
(1) (ag) "Special zoning permission" has the meaning given in s. 62.23
6(7) (i) 7.
AB77-ASA1, s. 8
7Section
8. 62.231 (1) (am) of the statutes is created to read:
AB77-ASA1,3,108
62.231
(1) (am) "Wetland zoning ordinance" means an ordinance enacted under
9this section by a city or an ordinance enacted under s. 59.971 (7) that applies to a
10wetland in an area annexed by the city.
AB77-ASA1, s. 9
11Section
9. 62.231 (7) of the statutes is created to read:
AB77-ASA1,3,1812
62.231
(7) Rezoning of wetlands. (a) A city may not rezone a wetland, enact
13an amendment to a wetland zoning ordinance or grant special zoning permission
14under a wetland zoning ordinance in order to validate any activity that is subject to
15a wetland zoning ordinance and that is in violation of the wetland zoning ordinance
16at the time that the activity occurs, unless the city had the authority by rezoning or
17by granting a special zoning permission under the wetland zoning ordinance to
18approve the activity before it occurred.
AB77-ASA1,3,2319
(b) If a city determines that an activity to which par. (a) applies has a significant
20adverse impact on the functional values of the wetlands, the city shall require the
21person committing the violation to undertake reasonable efforts to restore the
22wetlands in the manner required under a wetlands restoration plan as approved by
23the department.
AB77-ASA1,4,2
1(1) This act first applies to procedures for rezoning that are initiated on the
2effective date of this subsection.
AB77-ASA1,4,53
(2) This act first applies to petitions for amendments to zoning ordinances and
4requests or appeals for special zoning permission that are filed on the effective date
5of this subsection.
