Amendment SSA1-SB454

LRBs0544/2

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1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 454

March 13, 1996 - Offered by Committee on Environment and Energy.

SB454-SSA1,1,4 An Act to create 59.971 (1) (d), 59.971 (1) (e), 59.971 (8), 61.351 (1) (ag), 61.351 (1) (am), 61.351 (7), 62.231 (1) (ag), 62.231 (1) (am) and 62.231 (7) of the statutes; relating to: zoning of shorelands by counties and zoning of wetlands in shorelands by cities and villages.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB454-SSA1, s. 1 Section 1. 59.971 (1) (d) of the statutes is created to read:

SB454-SSA1,1,7 59.971 (1) (d) "Special zoning permission" has the meaning given in s. 59.97 (15) (g).

SB454-SSA1, s. 2 Section 2. 59.971 (1) (e) of the statutes is created to read:

SB454-SSA1,1,9 59.971 (1) (e) "Wetland" has the meaning given in s. 23.32 (1).

SB454-SSA1, s. 3 Section 3. 59.971 (8) of the statutes is created to read:

SB454-SSA1,2,3 59.971 (8) (a) A county may not rezone shorelands, enact an amendment to a county ordinance enacted under this section or grant special zoning permission under such an ordinance in order to validate any activity that is in a wetland located on shorelands and that is in violation of the county zoning ordinance at the time that the activity occurs, unless the county had the authority by rezoning or by granting a special zoning permission under such an ordinance to approve the activity before it occurred.

SB454-SSA1,2,16 (b) If a county determines that an activity to which par. (a) applies has a significant adverse impact on the functional values of the wetlands, the county shall require the person committing the violations to undertake reasonable efforts to restore the wetlands, including their functional values, in the manner required under a wetlands restoration plan approved by the county. The county shall provide a copy of a proposed restoration plan to the department not less than 10 days before approving the restoration plan. The department may require the modification of a proposed restoration plan before its approval by the county if the department determines that the proposed restoration plan is not likely to restore the wetlands or their functional values. The department shall provide technical assistance to the county, upon the county's request, for the purpose of evaluating, modifying or approving a proposed restoration plan or for any other purpose under this subsection.

SB454-SSA1, s. 4 Section 4. 61.351 (1) (ag) of the statutes is created to read:

SB454-SSA1,2,19 61.351 (1) (ag) "Special zoning permission" has the meaning given in s. 62.23 (7) (i) 7.

SB454-SSA1, s. 5 Section 5. 61.351 (1) (am) of the statutes is created to read:

SB454-SSA1,2,23 61.351 (1) (am) "Wetland zoning ordinance" means an ordinance enacted under this section by a village or an ordinance enacted under s. 59.971 (7) that applies to a wetland in an area annexed by the village.

SB454-SSA1, s. 6 Section 6. 61.351 (7) of the statutes is created to read:

SB454-SSA1,3,7 61.351 (7) Rezoning of wetlands. (a) A village may not rezone wetlands, enact an amendment to a wetland zoning ordinance or grant special zoning permission under a wetland zoning ordinance in order to validate any activity that is subject to a wetland zoning ordinance that is in violation of the wetland zoning ordinance at the time that the activity occurs, unless the village had the authority by rezoning or by granting a special zoning permission under the wetland zoning ordinance to approve the activity before it occurred.

SB454-SSA1,3,20 (b) If a village determines that an activity to which par. (a) applies has a significant adverse impact on the functional values of the wetlands, the village shall require the person committing the violations to undertake reasonable efforts to restore the wetlands, including their functional values, in the manner required under a wetlands restoration plan approved by the village. The village shall provide a copy of a proposed restoration plan to the department not less than 10 days before approving the restoration plan. The department may require the modification of a proposed restoration plan before its approval by the village if the department determines that the proposed restoration plan is not likely to restore the wetlands or their functional values. The department shall provide technical assistance to the village, upon the village's request, for the purpose of evaluating, modifying or approving a proposed restoration plan or for any other purpose under this subsection.

SB454-SSA1, s. 7 Section 7. 62.231 (1) (ag) of the statutes is created to read:

SB454-SSA1,3,23 62.231 (1) (ag) "Special zoning permission" has the meaning given in s. 62.23 (7) (i) 7.

SB454-SSA1, s. 8 Section 8. 62.231 (1) (am) of the statutes is created to read:

SB454-SSA1,4,3 62.231 (1) (am) "Wetland zoning ordinance" means an ordinance enacted under this section by a city or an ordinance enacted under s. 59.971 (7) that applies to a wetland in an area annexed by the city.

SB454-SSA1, s. 9 Section 9. 62.231 (7) of the statutes is created to read:

SB454-SSA1,4,11 62.231 (7) Rezoning of wetlands. (a) A city may not rezone a wetland, enact an amendment to a wetland zoning ordinance or grant special zoning permission under a wetland zoning ordinance in order to validate any activity that is subject to a wetland zoning ordinance and that is in violation of the wetland zoning ordinance at the time that the activity occurs, unless the city had the authority by rezoning or by granting a special zoning permission under the wetland zoning ordinance to approve the activity before it occurred.

SB454-SSA1,4,23 (b) If a city determines that an activity to which par. (a) applies has a significant adverse impact on the functional values of the wetlands, the city shall require the person committing the violations to undertake reasonable efforts to restore the wetlands, including their functional values, in the manner required under a wetlands restoration plan approved by the city. The city shall provide a copy of a proposed restoration plan to the department not less than 10 days before approving the restoration plan. The department may require the modification of a proposed restoration plan before its approval by the city if the department determines that the proposed restoration plan is not likely to restore the wetlands or their functional values. The department shall provide technical assistance to the city, upon the city's request, for the purpose of evaluating, modifying or approving a proposed restoration plan or for any other purpose under this subsection.

SB454-SSA1, s. 10 Section 10. Initial applicability.

SB454-SSA1,5,2 (1)  This act first applies to procedures for rezoning that are initiated on the effective date of this subsection.

SB454-SSA1,5,5 (2)  This act first applies to petitions for amendments to zoning ordinances and requests or appeals for special zoning permission that are filed on the effective date of this subsection.

SB454-SSA1,5,6 (End)