Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,503,7 " Section 2002tm. 59.605 (3) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,503,20 59.605 (3) (a) 1. If the governing body of a county wishes to exceed the operating levy rate limit otherwise applicable to the county under this section, it shall adopt a resolution to that effect. The resolution shall specify either the operating levy rate or the operating levy that the governing body wishes to impose for either a specified number of years or an indefinite period. The governing body shall call a special referendum for the purpose of submitting the resolution to the electors of the county for approval or rejection. In lieu of a special referendum, the governing body may specify that provide for the referendum to be held at the next succeeding spring primary or election or September primary or general election to be held authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs not earlier than 42 days after the adoption of the resolution of the governing body. The governing body shall file the resolution to be submitted to the electors as provided in s. 8.37.".

SB55-ASA1-AA1,503,21 861. Page 667, line 19: after that line insert:

SB55-ASA1-AA1,503,22 " Section 2002ts. 59.69 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,504,3 59.69 (3) (c) The development plan may be in the form of descriptive material, reports, charts, diagrams, or maps, and shall indicate any effect it will have on changing the allowable use of any property.. Each element of the development plan shall describe its relationship to other elements of the plan and to statements of goals, objectives, principles, policies, or standards.".

SB55-ASA1-AA1,504,4 862. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,504,5 " Section 2002xc. 59.692 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,504,7 59.692 (1) (a) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2002xg Section 2002xg. 59.693 (1) of the statutes is amended to read:

SB55-ASA1-AA1,504,10 59.693 (1) Definition. In this section, "department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2002xn Section 2002xn. 59.70 (2) (q) 4. of the statutes is amended to read:

SB55-ASA1-AA1,504,13 59.70 (2) (q) 4. The cleanup of the site is conducted under the supervision of the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2002xr Section 2002xr. 59.70 (6) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,504,16 59.70 (6) (a) 1. "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2002xw Section 2002xw. 59.70 (13) (b) of the statutes is amended to read:

SB55-ASA1-AA1,505,4 59.70 (13) (b) Members or employees of the commission may request admission onto any property within the district at reasonable times to determine if mosquito breeding is present. If the owner or occupant refuses admission, the commission member or employee shall seek a warrant to inspect the property as a potential mosquito breeding ground. Commission members or employees may enter upon property to clean up stagnant pools of water or shores of lakes or streams, and may spray mosquito breeding areas with insecticides subject to the approval of the district director and the department of natural resources environmental management. The commission shall notify the property owner of any pending action under this paragraph and shall provide the property owner with a hearing prior to acting under this paragraph if the owner objects to the commission's actions.".

SB55-ASA1-AA1,505,5 863. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,505,6 " Section 2002wg. 59.69 (5) (c) of the statutes is amended to read:

SB55-ASA1-AA1,505,17 59.69 (5) (c) A county ordinance enacted under this section shall not be effective in any town until it has been approved by the town board. If the town board approves an ordinance enacted by the county board, under this section, a certified copy of the approving resolution attached to one of the copies of such ordinance submitted to the town board shall promptly be filed with the county clerk by the town clerk. The ordinance shall become effective in the town as of the date of the filing, which filing shall be recorded by the county clerk in the clerk's office, reported to the town board and the county board, and printed in the proceedings of the county board. The ordinance shall supersede any prior town ordinance in conflict therewith or which is concerned with zoning, except as provided by s. 60.62. A town board may withdraw from coverage of a county zoning ordinance as provided under s. 60.23 (32).

SB55-ASA1-AA1, s. 2002wk Section 2002wk. 59.69 (5m) of the statutes is created to read:

SB55-ASA1-AA1,505,23 59.69 (5m) Termination of county zoning and development plan. (a) Subject to par. (b), at any time after December 31, 2004, a county board may enact an ordinance to repeal all of its zoning ordinances enacted under this section and its development plan enacted under this section if it so notifies, in writing, all of the towns that are subject to its zoning ordinances and development plan.

SB55-ASA1-AA1,506,3 (b) An ordinance enacted under par. (a) shall have a delayed effective date of one year. No county board may repeal under this subsection a county shoreland zoning or floodplain zoning ordinance.".

SB55-ASA1-AA1,506,4 864. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,506,5 " Section 2002x. 59.692 (1) (ag) of the statutes is created to read:

SB55-ASA1-AA1,506,7 59.692 (1) (ag) "Setback distance" means the linear distance landward from the ordinary high-water mark that is used in determining a shoreland setback area.

SB55-ASA1-AA1, s. 2002y Section 2002y. 59.692 (1p) of the statutes is created to read:

SB55-ASA1-AA1,506,19 59.692 (1p) If the department promulgates a shoreland zoning standard that establishes a setback distance or if a county as part of an ordinance enacted under this section establishes a setback distance, an ordinance enacted under this section may allow that a landowner, upon the landowner's request, use an alternative setback distance in determining the shoreland setback area for the landowner's parcel of land. To be able to use the alternative setback distance, the parcel of land must be located between 2 abutting parcels of land, at least one of which has a setback distance that is different, due to a nonconforming use or other exemption, from the setback distance established by rule or by ordinance. The alternative setback distance shall be the average of the 2 setback distances of the abutting parcels.

SB55-ASA1-AA1, s. 2002ym Section 2002ym. 59.692 (7) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,506,23 59.692 (7) (a) 1. The city or village enacts, administers and enforces a zoning ordinance, for the annexed area, that complies with the shoreland zoning standards and that is at least as restrictive as the county shoreland zoning ordinance.

SB55-ASA1-AA1, s. 2002yp Section 2002yp. 59.692 (7) (ad) 1. of the statutes is amended to read:

SB55-ASA1-AA1,507,3 59.692 (7) (ad) 1. The city or village enacts, administers and enforces a zoning ordinance that complies with the shoreland zoning standards and that is at least as restrictive as the county shoreland zoning ordinance.

SB55-ASA1-AA1, s. 2002yr Section 2002yr. 59.692 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA1,507,14 59.692 (7) (b) If the department determines that a zoning ordinance enacted by a city or village under par. (a) 1. or (ad) 1. does not meet the shoreland zoning standards or is not as restrictive as the county shoreland zoning ordinance, the department shall, after providing notice and conducting a hearing on the matter, either issue an order declaring the city or village ordinance void and reinstating the applicability of the county shoreland zoning ordinance to the annexed or incorporated area or issue an order declaring the city or village ordinance void and adopting an ordinance for the annexed or incorporated area for the city or village that does meet the shoreland zoning standards and that is at least as restrictive as the county shoreland zoning ordinance.".

SB55-ASA1-AA1,507,15 865. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,507,16 " Section 2002y. 59.692 (1rm) of the statutes is created to read:

SB55-ASA1-AA1,507,21 59.692 (1rm) An ordinance under this section may not prohibit or limit repairs or improvements of a building or structure that is located in a shoreland setback area and that is in existence on the effective date of this subsection .... [revisor inserts date], if the repair or improvement does not alter the footprint of the building or is conducted in an area where construction is permitted under the ordinance.".

SB55-ASA1-AA1,507,22 866. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,507,23 " Section 2002we. 59.69 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,508,10 59.69 (5) (a) When the county zoning agency has completed a draft of a proposed zoning ordinance, it shall hold a public hearing thereon, following publication in the county of a class 2 notice, under ch. 985. If the proposed ordinance has the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the ordinance or a description of the property affected by the ordinance and a statement that a map may be obtained from the zoning agency. After such hearing the agency may make such revisions in the draft as it considers necessary, or it may submit the draft without revision to the board with recommendations for adoption. Proof of publication of the notice of the public hearing held by such agency shall be attached to its report to the board.

SB55-ASA1-AA1, s. 2002wh Section 2002wh. 59.69 (5) (e) 2. of the statutes is amended to read:

SB55-ASA1-AA1,508,23 59.69 (5) (e) 2. Upon receipt of the petition by the agency it shall call a public hearing on the petition. Notice of the time and place of the hearing shall be given by publication in the county of a class 2 notice, under ch. 985. If an amendment to an ordinance, as described in the petition, has the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the zoning agency. A copy of the notice shall be mailed by registered mail to the town clerk of each town affected by the proposed amendment at least 10 days prior to the date of such hearing. If the petition is for any change in an airport affected area, as defined in s. 62.23 (6) (am) 1. b., the agency shall mail a copy of the notice to the owner or operator of the airport bordered by the airport affected area.

SB55-ASA1-AA1, s. 2002wi Section 2002wi. 59.69 (5) (f) of the statutes is created to read:

SB55-ASA1-AA1,509,11 59.69 (5) (f) The county zoning agency shall maintain a list of persons who submit a written request to receive notice of any proposed ordinance or amendment, or any amendment of a development plan under sub. (3), that affects the allowable use of the person's property. If the county zoning agency completes a draft of a proposed zoning ordinance under par. (a), if the agency receives a petition under par. (e) 2., or if the agency acts under sub. (3), the agency shall send a notice, which contains a copy of the proposed ordinance, petition, or plan to each person on the list. The notice shall be by mail, electronic mail or in any reasonable form that is agreed to by the person and the agency. The agency may charge each person on the list a fee for the notice of $12 each year or an annual fee that does not exceed the approximate cost of providing the notice to the person.".

SB55-ASA1-AA1,509,12 867. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,509,13 " Section 2003ws. 59.694 (7) (c) of the statutes is amended to read:

SB55-ASA1-AA1,509,22 59.694 (7) (c) To authorize upon appeal in specific cases variances from the terms of the ordinance that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. A property owner may establish "unnecessary hardship", as that term is used in this paragraph, by demonstrating that strict compliance with an area zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome.".

SB55-ASA1-AA1,509,23 868. Page 669, line 11: after that line insert:

SB55-ASA1-AA1,509,24 " Section 2003p. 59.74 (2) (g) of the statutes is amended to read:

SB55-ASA1-AA1,510,3 59.74 (2) (g) Every land surveyor and every officer of the department of natural resources fish, wildlife, parks, and forestry and the district attorney shall enforce this subsection.".

SB55-ASA1-AA1,510,4 869. Page 669, line 11: after that line insert:

SB55-ASA1-AA1,510,5 " Section 2003pc. 60.10 (1) (g) of the statutes is created to read:

SB55-ASA1-AA1,510,8 60.10 (1) (g) Hourly wage of certain employees. Establish the hourly wage to be paid under s. 60.37 (4) to a town employee who is also an elected town officer, unless the authority has been delegated to the town board under sub. (2) (L).

SB55-ASA1-AA1, s. 2003pd Section 2003pd. 60.10 (2) (g) of the statutes is amended to read:

SB55-ASA1-AA1,510,12 60.10 (2) (g) Disposal of property. Authorize the town board to dispose of town real property, real or personal, other than property donated to and required to be held by the town for a special purpose.

SB55-ASA1-AA1, s. 2003pe Section 2003pe. 60.10 (2) (L) of the statutes is created to read:

SB55-ASA1-AA1,510,16 60.10 (2) (L) Hourly wage of certain employees. Authorize the town board to establish the hourly wage to be paid under s. 60.37 (4) to a town employee who is also an elected town officer, other than a town board supervisor.".

SB55-ASA1-AA1,510,17 870. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,510,18 " Section 2003tc. 60.627 (1) of the statutes is amended to read:

SB55-ASA1-AA1,510,20 60.627 (1) Definition. In this section, "department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2003te Section 2003te. 60.71 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,511,2 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the hearing. The notice shall contain an announcement of the hearing and a description of the boundaries of the proposed town sanitary district. The town board shall mail the notice to the department of commerce and the department of natural resources environmental management at least 10 days prior to the hearing.

SB55-ASA1-AA1, s. 2003th Section 2003th. 60.71 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,511,11 60.71 (4) (c) Any person may file written comments on the formation of the district with the town clerk. Any owner of property within the boundary of the proposed district may appear at the hearing and offer objections, criticisms or suggestions as to the necessity of the proposed district and the question of whether his or her property will be benefited by the establishment of the district. A representative of the department of commerce and of the department of natural resources environmental management may attend the hearing and advise the town board.

SB55-ASA1-AA1, s. 2003tL Section 2003tL. 60.71 (7) of the statutes is amended to read:

SB55-ASA1-AA1,511,16 60.71 (7) Filing and recording the order. The town board shall file copies of the order establishing the town sanitary district with the department of natural resources environmental management and record the order with the register of deeds in each county in which the district is located.

SB55-ASA1-AA1, s. 2003tp Section 2003tp. 60.72 (title) and (1) of the statutes are amended to read:

SB55-ASA1-AA1,511,21 60.72 (title) Creation of town sanitary district by order of the department of natural resources environmental management. (1) Definition. In this section, "department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2003tr Section 2003tr. 60.73 of the statutes is amended to read:

SB55-ASA1-AA1,512,6 60.73 Review of orders creating town sanitary districts. Any person aggrieved by any act of the town board or the department of natural resources environmental management in establishing a town sanitary district may bring an action in the circuit court of the county in which his or her lands are located, to set aside the final determination of the town board or the department of natural resources environmental management, within 90 days after the final determination, as provided under s. 893.73 (2). If no action is taken within the 90-day period, the determination by the town board or the department of natural resources environmental management is final.

SB55-ASA1-AA1, s. 2003tu Section 2003tu. 60.782 (2) (d) of the statutes is amended to read:

SB55-ASA1-AA1,512,10 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 23.434 (4).

SB55-ASA1-AA1, s. 2003ty Section 2003ty. 60.785 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,512,23 60.785 (2) (a) Any town sanitary district may be consolidated with a contiguous town sanitary district by resolution passed by a two-thirds vote of all of the commissioners of each district, fixing the terms of the consolidation and ratified by the qualified electors of each district at a referendum held in each district. The resolution shall be filed as provided in s. 8.37. The ballots shall contain the words "for consolidation", consolidation," and "against consolidation". consolidation." If a majority of the votes cast on the referendum in each town sanitary district are for consolidation, the resolutions are effective and have the force of a contract. Certified copies of the resolutions and the results of the referendum shall be filed with the secretary of natural resources environmental management, and the original documents shall be recorded with the register of deeds in each county in which the consolidated district is situated.

SB55-ASA1-AA1, s. 2003vc Section 2003vc. 61.351 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,512,25 61.351 (1) (b) "Wetlands" has the meaning specified under s. 23.32 278.32 (1).

SB55-ASA1-AA1, s. 2003vg Section 2003vg. 61.351 (2) of the statutes is amended to read:

SB55-ASA1-AA1,513,6 61.351 (2) Filled wetlands. Any wetlands which that are filled prior to the date on which a village receives a final wetlands map from the department of natural resources under s. 278.32 in a manner which that affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under this section.

SB55-ASA1-AA1, s. 2003vn Section 2003vn. 61.351 (3) of the statutes is amended to read:

SB55-ASA1-AA1,513,14 61.351 (3) Adoption of ordinance. To effect the purposes of s. 281.31 and to promote the public health, safety and general welfare, each village shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32 278.32, which are located in any shorelands and which are within its incorporated area. A village may zone by ordinance any unfilled wetlands which that are within its incorporated area at any time.

SB55-ASA1-AA1, s. 2003vr Section 2003vr. 61.351 (6) of the statutes is amended to read:

SB55-ASA1-AA1,513,24 61.351 (6) Failure to adopt ordinance. If any village does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32 278.32, or if the department of natural resources environmental management, after notice and hearing, determines that a village adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 281.31 (1), the department of natural resources environmental management shall adopt an ordinance for the village. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

SB55-ASA1-AA1, s. 2003vw Section 2003vw. 61.354 (1) of the statutes is amended to read:

SB55-ASA1-AA1,514,2 61.354 (1) Definition. As used in this section, "department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2003yc Section 2003yc. 62.231 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,514,4 62.231 (1) (b) "Wetlands" has the meaning specified under s. 23.32 278.32 (1).

SB55-ASA1-AA1, s. 2003yg Section 2003yg. 62.231 (2) of the statutes is amended to read:

SB55-ASA1-AA1,514,10 62.231 (2) Filled wetlands. Any wetlands which that are filled prior to the date on which a city receives a final wetlands map from the department of natural resources under s. 278.32 in a manner which that affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under this section.

SB55-ASA1-AA1, s. 2003yL Section 2003yL. 62.231 (3) of the statutes is amended to read:

SB55-ASA1-AA1,514,18 62.231 (3) Adoption of ordinance. To effect the purposes of s. 281.31 and to promote the public health, safety and general welfare, each city shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32 278.32, which are located in any shorelands and which are within its incorporated area. A city may zone by ordinance any unfilled wetlands which that are within its incorporated area at any time.