Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,710,6 86.03 (5m) Trees and other vegetation blocking view of business or sign. (a) In this subsection, "vegetation" means any tree, shrub, hedge, or other foliage.

SB55-ASA1-AA1,710,17 (b) Notwithstanding any other provision of this section, if any vegetation located in a highway right-of-way prevents the operator of a vehicle traveling on a highway at the posted speed limit from viewing for 6 uninterrupted seconds a business premises located adjacent to the highway right-of-way, a sign located on a business premises adjacent to the highway right-of-way that advertises the business to motorists on the adjacent highway, or any sign erected under this chapter or s. 84.30 that is permitted to be located in or adjacent to the highway right-of-way, any person who maintains a majority ownership interest in the business adjacent to the highway right-of-way or who owns a sign identified in this paragraph may trim or remove any obstructing vegetation located in the highway right-of-way if all of the following requirements are met:

SB55-ASA1-AA1,710,18 1. The person obtains a permit from the department under par. (c).

SB55-ASA1-AA1,710,22 2. The person pays for the cost of trimming or removing the obstructing vegetation, including the cost of cleanup and disposal, and for replacing any removed vegetation, including the cost of purchasing and planting the replacement vegetation.

SB55-ASA1-AA1,711,3 3. If the person has removed vegetation, the person replaces the removed vegetation with comparable vegetation along the same highway right-of-way, provided that the person may not locate replacement vegetation in a manner that obstructs, or will obstruct in the foreseeable future, the view from the highway of another existing business or sign identified in this paragraph.

SB55-ASA1-AA1,711,8 (c) The department shall issue permits to eligible applicants for the trimming or removal of vegetation located in a highway right-of-way under par. (b). Any permit issued under this paragraph shall specify the vegetation or the portion of the highway right-of-way to which the permit applies. The department shall grant or deny an application for a permit within 30 days of receipt of the application.".

SB55-ASA1-AA1,711,9 1339. Page 878, line 24: delete that line.

SB55-ASA1-AA1,711,10 1340. Page 879, line 1: delete lines 1 to 6 and substitute:

SB55-ASA1-AA1,711,11 " Section 2340y. 86.193 of the statutes is created to read:

SB55-ASA1-AA1,711,14 86.193 Agricultural tourism signs. (1) In this section, "agricultural tourism facility" means a facility located in this state that is open to the public at least 4 days a week for a minimum of 3 months and which does any of the following:

SB55-ASA1-AA1,711,15 (a) Markets Wisconsin farm products.

SB55-ASA1-AA1,711,17 (b) Processes and markets agricultural products, of which at least 50% are grown and produced in this state.

SB55-ASA1-AA1,711,19 (c) Promotes tourism by providing tours and on-site sales or samples of Wisconsin agricultural products.

SB55-ASA1-AA1,711,23 (2) The department shall develop and, no later than March 1, 2002, implement a plan, consistent with federal and state laws, to promote and maximize the erection of agricultural tourism signs on highways in this state to identify and provide directional information to any agricultural tourism facility.

SB55-ASA1-AA1,712,3 (3) (a) Except as provided in par. (b), the department may assess and collect from an agricultural tourism facility the actual costs of erection of any agricultural tourism sign that identifies and provides directional information to the facility.

SB55-ASA1-AA1,712,9 (b) A local authority shall permit erection of a trailblazer sign that identifies and provides directional information to an agricultural tourism facility on a highway under the jurisdiction of the local authority if the facility is located more than 5 miles from the highway and the local authority assesses and collects from the facility the actual costs of erection of the trailblazer sign. The department shall promulgate rules defining "trailblazer sign" for purposes of this paragraph.

SB55-ASA1-AA1,712,11 (4) In developing and implementing the plan under sub. (2), the department shall consult with the department of agriculture, trade and consumer protection.".

SB55-ASA1-AA1,712,12 1341. Page 879, line 6: after that line insert:

SB55-ASA1-AA1,712,13 " Section 2340zg. 86.21 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,713,15 86.21 (2) (a) Before any such toll bridge is constructed or acquired under this section, a resolution authorizing the construction or acquisition thereof, and specifying the method of payment therefor, shall be adopted by a majority of the members of the governing body of such county, town, village or city at a regular meeting, after publication of said resolution, as a class 2 notice, under ch. 985. The resolution shall include a general description of the property it is proposed to acquire or construct. Any county, town, village or city constructing or acquiring a toll bridge under this section may provide for the payment of the same or any part thereof from the general fund, from taxation, or from the proceeds of either municipal bonds, revenue bonds or as otherwise provided by law. Such resolution shall not be effective until 15 days after its passage and publication. If within said 15 days a petition conforming to the requirements of s. 8.40 is filed with the clerk of such municipality, and filed as provided in s. 8.37, signed by at least 20% of the electors thereof requesting that the question of acquiring such toll bridge be submitted to the said electors, such question shall be submitted at any general or regular municipal the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that is held not sooner than 42 days from the date of filing such petition. In case no such general or regular municipal election is to be held within such stated period, then the governing body of such municipality shall order a special election to be held within 30 days from the filing of such petition upon the question of whether such toll bridge shall be acquired by said municipality. The question submitted to the electors shall specify the method of payment for such toll bridge as provided in the resolution for the acquisition thereof. If no such petition is filed, or if the majority of votes cast at such referendum election are in favor of the acquisition of such toll bridge, then the resolution of the governing body for the acquisition of such toll bridge shall be in effect.".

SB55-ASA1-AA1,713,16 1342. Page 881, line 4: after that line insert:

SB55-ASA1-AA1,713,17 " Section 2348g. 88.01 (8m) of the statutes is repealed.

SB55-ASA1-AA1, s. 2348r Section 2348r. 88.11 (1) (f) of the statutes is amended to read:

SB55-ASA1-AA1,713,20 88.11 (1) (f) Assist districts in applying for permits under s. 88.31 chs. 30 and 31.".

SB55-ASA1-AA1,713,21 1343. Page 881, line 4: after that line insert:

SB55-ASA1-AA1,713,22 " Section 2349c. 86.315 (1) of the statutes is amended to read:

SB55-ASA1-AA1,714,8 86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources fish, wildlife, parks, and forestry. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the payments required under this subsection, the department shall prorate the amount appropriated in the manner it considers desirable.

SB55-ASA1-AA1, s. 2349g Section 2349g. 87.01 (1) of the statutes is amended to read:

SB55-ASA1-AA1,714,11 87.01 (1) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2349n Section 2349n. 87.02 (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,714,14 87.02 Powers of department. (intro.) To accomplish the purposes of ss. 87.01 to 87.17, the department of natural resources is hereby authorized and empowered:

SB55-ASA1-AA1, s. 2349r Section 2349r. 87.14 of the statutes is amended to read:

SB55-ASA1-AA1,715,12 87.14 Operation and maintenance. The flood control board is authorized to sell, lease, or lease with power to purchase, any reservoir proposed to be constructed, in the process of construction or completed, to a duly organized river improvement company as defined by s. 182.016, on such terms and conditions as are approved by the department of natural resources as hereinafter provided. Unless so leased or sold it shall be the duty of the flood control board to maintain and operate said improvement. The cost of operation and maintenance during the period intervening between the completion of said improvement and the date when funds provided under this section become available shall be paid from the funds provided for maintenance pursuant to the estimate made by the department as provided in s. 87.07 (3). Prior to the first day of November in each year the flood control board shall certify to the clerk of each town, village and city in which lands to be benefited by the improvement are located an estimated budget, detailed as far as practicable, of the cost of operation and maintenance of said improvement for the succeeding calendar year, together with the amount due upon any judgments outstanding against the board, except those judgments from which the board has appealed or intends to appeal, and shall certify at the same time the portion of such cost to be borne by each such town, village and city. This shall be determined in the same manner and according to the same proportions as provided in s. 87.10 (1) (c). It shall thereupon become the duty of each such town, village and city to include in its next succeeding tax levy the amount so certified and to forward such amount, on or before March 15 following, to the flood control board.

SB55-ASA1-AA1, s. 2349w Section 2349w. 87.18 of the statutes is amended to read:

SB55-ASA1-AA1,716,14 87.18 Lease, sale and lease with option to purchase the project. Whenever the flood control project consists of a storage reservoir and authority to create, operate and maintain a reservoir on the river affected by such storage reservoir is vested in a duly organized river improvement company as defined by s. 182.016, and the petitioners file with the department of natural resources a petition and a proposed contract with such improvement company for a lease, sale, or lease with option to purchase said reservoir, and the department finds the terms and conditions of such contract are sufficient to assure the payment of the amount the board will be obligated to pay for the cost of the reservoir and the maintenance and operation of the same, and the project will secure effective flood control and promotion of the public welfare, then notices, proceedings and assessments provided by ss. 87.04 to 87.12 are not required. The department, however, shall make findings as required by s. 87.05 and shall order that the flood control board be appointed and shall so certify to the governor as provided by s. 87.12. The governor shall thereupon appoint the board as provided in said s. 87.12. The proposed contract filed with the department by petitioners for the sale, lease, or lease with option to purchase said reservoir property shall not be binding upon the board so appointed unless the board approves such contract. Upon approval the board shall so report to the department and file with it a final contract executed by the board and lessee or purchaser. The department has authority to approve or disapprove such contract. If the department approves such contract, then it shall be final and the department shall thereupon order the board to proceed with the work. When such reservoir property is sold and the purchase price has been fully paid and any indebtedness assumed by the purchaser has been paid and discharged, including the fees and expenses of the board, and the department so finds, the said board shall thereupon be dissolved by order of the department.

SB55-ASA1-AA1, s. 2350e Section 2350e. 88.05 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,716,21 88.05 (4) (a) The chairperson of the county highway committee except in a county with a highway commissioner appointed under s. 83.01 (1) (c), the highway commissioner; the chairperson of the county land conservation committee in the county involved; the secretary of natural resources environmental management; the state drainage engineer; and, where a railroad company is involved, the person specified in sub. (6).

SB55-ASA1-AA1, s. 2350v Section 2350v. 88.11 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,716,24 88.11 (1) (e) Coordinate district activities with the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2351c Section 2351c. 88.11 (1) (i) of the statutes is amended to read:

SB55-ASA1-AA1,717,5 88.11 (1) (i) Establish, by rule, performance standards for drainage district structures, ditches, maintenance and operations, in order to minimize adverse effects on water quality. The performance standards shall be consistent with any requirements imposed by the department of natural resources environmental management under s. 88.31.

SB55-ASA1-AA1, s. 2351e Section 2351e. 88.11 (2) of the statutes is amended to read:

SB55-ASA1-AA1,717,10 88.11 (2) The state drainage engineer shall provide technical assistance to improve district operations on the request of the department of natural resources environmental management, drainage board, landowners in the district or the judge.".

SB55-ASA1-AA1,717,11 1344. Page 881, line 10: after that line insert:

SB55-ASA1-AA1,717,12 " Section 2353b. 88.31 (title) of the statutes is amended to read:

SB55-ASA1-AA1,717,14 88.31 (title) Special procedure in cases affecting Drainage work in navigable waters.

SB55-ASA1-AA1, s. 2353e Section 2353e. 88.31 (1) to (7m) of the statutes are repealed.

SB55-ASA1-AA1, s. 2353g Section 2353g. 88.31 (8) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,717,19 88.31 (8) (intro.) Subject to other restrictions imposed by this chapter, a drainage board which has obtained all of the permits as required under this chapter and ch. 30 may:

SB55-ASA1-AA1, s. 2353i Section 2353i. 88.35 (5m) of the statutes is repealed.

SB55-ASA1-AA1, s. 2353k Section 2353k. 88.35 (6) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,718,2 88.35 (6) (intro.) Upon the completion of its duties under subs. (1) to (5m) (5), the board shall prepare a written report, including a copy of any maps, plans or profiles that it has prepared. The assessment of benefits and awards of damages shall be set forth in substantially the following form:

SB55-ASA1-AA1, s. 2353m Section 2353m. 88.62 (3) (a) of the statutes is renumbered 88.62 (3) and amended to read:

SB55-ASA1-AA1,718,8 88.62 (3) If drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources, except as provided in par. (b) any permit that is required under ch. 30 or 31.

SB55-ASA1-AA1, s. 2353p Section 2353p. 88.62 (3) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 2353r Section 2353r. 88.72 (3) of the statutes is amended to read:

SB55-ASA1-AA1,718,17 88.72 (3) At the hearing on the petition, any interested person may appear and contest its sufficiency and the necessity for the work. If the drainage board finds that the petition has the proper number of signers and that to afford an adequate outlet it is necessary to remove dams or other obstructions from waters and streams which may be navigable, or to straighten, clean out, deepen, or widen any waters or streams either within or beyond the limits of the district, the board shall obtain any permit that is required under this chapter or ch. 30 or 31.

SB55-ASA1-AA1, s. 2353t Section 2353t. 88.72 (4) of the statutes is amended to read:

SB55-ASA1-AA1,718,25 88.72 (4) Within 30 days after the department of natural resources has issued all of the permits as required under this chapter and chs. 30 and 31, the board shall proceed to estimate the cost of the work, including the expenses of the proceeding together with the damages that will result from the work, and shall, within a reasonable time, award damages to all lands damaged by the work and assess the cost of the work against the lands in the district in proportion to the assessment of benefits then in force.

SB55-ASA1-AA1, s. 2378m Section 2378m. 88.95 of the statutes is created to read:

SB55-ASA1-AA1,719,12 88.95 Geographic information system maps. If a county prepares a geographic information system map in preliminary form and the map includes a stream, ditch, dike, or levee, the county shall furnish each drainage district in which the land is located with a copy of the map. No later than 120 days after the drainage district receives the map, the drainage district shall provide notice to the county if the drainage district determines that there is an error or omission in the map. If the drainage district provides such notice, the county shall correct the error or omission on the map. If the county does not correct the error or omission because it does not concur with the drainage district, the county shall notify the drainage district and the land information board and the land information board shall resolve the conflict.".

SB55-ASA1-AA1, s. 2357b Section 2357b. 88.62 (3) of the statutes is amended to read:

SB55-ASA1-AA1,719,17 88.62 (3) (a) If drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources environmental management, except as provided in par. (b).

SB55-ASA1-AA1,719,21 (b) If drainage work is undertaken in navigable waters located in the Duck Creek Drainage District, the board for that district shall obtain a permit under s. 30.20 or ch. 31, as directed by the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2360b Section 2360b. 88.72 (4) of the statutes is amended to read:

SB55-ASA1-AA1,720,4 88.72 (4) Within 30 days after the department of natural resources environmental management has issued all of the permits as required under this chapter and chs. 30 and 31, the board shall proceed to estimate the cost of the work, including the expenses of the proceeding together with the damages that will result from the work, and shall, within a reasonable time, award damages to all lands damaged by the work and assess the cost of the work against the lands in the district in proportion to the assessment of benefits then in force.

SB55-ASA1-AA1, s. 2360f Section 2360f. 91.01 (6) of the statutes is amended to read:

SB55-ASA1-AA1,720,15 91.01 (6) "Eligible farmland" means a parcel of 35 or more acres of contiguous land which is devoted primarily to agricultural use, including land designated by the department of natural resources fish, wildlife, parks, and forestry as part of the ice age trail under s. 23.17, which during the year preceding application for a farmland preservation agreement produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding application produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres of which at least 35 acres, during part or all of the year preceding application, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

SB55-ASA1-AA1, s. 2378e Section 2378e. 92.04 (2) (e) of the statutes is amended to read:

SB55-ASA1-AA1,720,20 92.04 (2) (e) Review joint evaluation plan. The board shall review the evaluation plan prepared under s. 92.14 (13). After its review, the board shall make recommendations on the plan to the department and to the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2378h Section 2378h. 92.05 (1) of the statutes is amended to read:

SB55-ASA1-AA1,721,5 92.05 (1) Central agency. The department is the central agency of this state responsible for setting and implementing statewide soil and water conservation policies and administering the state's soil and water conservation programs. The department shall coordinate its soil and water conservation program with the nonpoint source water pollution abatement program established under s. 281.65, the inland lake protection and rehabilitation program established under ch. 33 and other programs with objectives related to soil and water conservation administered by the department of natural resources environmental management or by other state or federal agencies.

SB55-ASA1-AA1, s. 2379k Section 2379k. 92.10 (6) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,721,9 92.10 (6) (a) 1. Includes an assessment of water quality and soil erosion conditions throughout the county, including any assessment available from the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2379n Section 2379n. 92.10 (8) of the statutes is amended to read:

SB55-ASA1-AA1,721,16 92.10 (8) Duties of the department of natural resources environmental management. The department of natural resources environmental management shall provide counties with assistance in land and water resource management planning, including providing available water quality data and information, providing training and support for water resource assessments and appraisals and providing related program information.

SB55-ASA1-AA1, s. 2379t Section 2379t. 92.14 (2) (j) of the statutes is amended to read:

SB55-ASA1-AA1,721,21 92.14 (2) (j) Enhancing the administration and coordination of state nonpoint source water pollution abatement activities by the department and the department of natural resources environmental management, including providing a single process for grant application, funding allocation, reporting and evaluation.".

SB55-ASA1-AA1,721,23 1345. Page 881, line 25: delete ", equal to at least" and substitute "by rule, equal to".

SB55-ASA1-AA1,721,24 1346. Page 882, line 1: delete "at least".

SB55-ASA1-AA1,722,1 1347. Page 882, line 11: after that line insert:

SB55-ASA1-AA1,722,2 " Section 2382. 93.06 (8) of the statutes is amended to read:

SB55-ASA1-AA1,722,10 93.06 (8) Prescribe conditions of licenses. Except as provided in s. 93.135, issue any permit, certificate, registration or license on a temporary or conditional basis, contingent upon pertinent circumstances or acts. If the temporary or conditional permit, certificate, registration or license is conditioned upon compliance with chs. 93 to 100, ch. 127 126, a rule promulgated by the department or a regulation adopted under s. 97.41 (7) within a specified period of time and the condition is not met within the specified period, the permit, certificate, registration or license shall be void.".

SB55-ASA1-AA1,722,11 1348. Page 882, line 11: after that line insert:

SB55-ASA1-AA1,722,12 " Section 2380c. 92.14 (6) (b) of the statutes is amended to read:

SB55-ASA1-AA1,722,20 92.14 (6) (b) The department and the department of natural resources environmental management shall prepare an annual grant allocation plan identifying the amounts to be provided to counties under this section and ss. 281.65 and 281.66. In the allocation plan, the departments shall attempt to provide funding under this section for an average of 3 staff persons per county with full funding for the first staff person, 70% funding for the 2nd staff person and 50% funding for any additional staff persons and to provide an average of $100,000 per county for cost-sharing grants. The department shall submit that plan to the board.

SB55-ASA1-AA1, s. 2380d Section 2380d. 92.14 (6) (d) of the statutes is amended to read:

SB55-ASA1-AA1,723,2 92.14 (6) (d) The board shall review the annual allocation plan submitted to it under par. (b) and make recommendations to the department of agriculture, trade and consumer protection and the department of natural resources environmental management on approval, modification or disapproval of the plan.

SB55-ASA1-AA1, s. 2380e Section 2380e. 92.14 (6) (h) 3. of the statutes is amended to read: