SB55-ASA1-AA1,492,6
1c. If the mail appears to be from a person other than a person specified in subd.
22. a., the director of the facility or his or her designee may, in accordance with the
3standards and the procedure under sub. (2) for denying a right for cause, authorize
4a member of the facility treatment staff to read the mail, if the director or his or her
5designee has reason to believe that the mail could pose a threat to security at the
6facility or seriously interfere with the treatment, rights, or safety of others.
SB55-ASA1-AA1, s. 1993g 7Section 1993g. 51.61 (1) (i) 1. of the statutes is amended to read:
SB55-ASA1-AA1,493,188 51.61 (1) (i) 1. Except as provided in subd. 2., have a right to be free from
9physical restraint and isolation except for emergency situations or when isolation or
10restraint is a part of a treatment program. Isolation or restraint may be used only
11when less restrictive measures are ineffective or not feasible and shall be used for
12the shortest time possible. When a patient is placed in isolation or restraint, his or
13her status shall be reviewed once every 30 minutes. Each facility shall have a written
14policy covering the use of restraint or isolation which that ensures that the dignity
15of the individual is protected, that the safety of the individual is ensured, and that
16there is regular, frequent monitoring by trained staff to care for bodily needs as may
17be required. Isolation or restraint may be used for emergency situations only when
18it is likely that the patient may physically harm himself or herself or others. The
19treatment director shall specifically designate physicians who are authorized to
20order isolation or restraint, and shall specifically designate licensed psychologists
21who are authorized to order isolation. In the instance where If the treatment director
22is not a physician, the medical director shall make the designation. In the case of a
23center for the developmentally disabled, use shall be authorized by the director of the
24center. The authorization for emergency use of isolation or restraint shall be in
25writing, except that isolation or restraint may be authorized in emergencies for not

1more than one hour, after which time an appropriate order in writing shall be
2obtained from the physician or licensed psychologist designated by the director, in
3the case of isolation, or the physician so designated in the case of restraint.
4Emergency isolation or restraint may not be continued for more than 24 hours
5without a new written order. Isolation may be used as part of a treatment program
6if it is part of a written treatment plan, and the rights specified in this subsection are
7provided to the patient. The use of isolation as a part of a treatment plan shall be
8explained to the patient and to his or her guardian, if any, by the person who
9undertakes such provides the treatment. Such A treatment plan that incorporates
10isolation
shall be evaluated at least once every 2 weeks. Patients who have a recent
11history of physical aggression may be restrained during transport to or from the
12facility. Persons who are committed or transferred under s. 51.35 (3) or 51.37 or
13under ch. 971 or 975, or who are detained or committed under ch. 980, and who, while
14under this status, are transferred to a hospital, as defined in s. 50.33 (2), for medical
15care may be isolated for security reasons within locked facilities in the hospital.
16Patients who are committed or transferred under s. 51.35 (3) or 51.37 or under ch.
17971 or 975, or who are detained or committed under ch. 980, may be restrained for
18security reasons during transport to or from the facility.
SB55-ASA1-AA1, s. 1993h 19Section 1993h. 51.61 (1) (i) 2. of the statutes is amended to read:
SB55-ASA1-AA1,495,720 51.61 (1) (i) 2. Patients in the maximum security facility at the Mendota Mental
21Health Institute may be locked in their rooms during the night shift and for a period
22of no longer than one hour and 30 minutes during each change of shift by staff to
23permit staff review of patient needs. Patients detained or committed under ch. 980
24and placed in a facility specified under s. 980.065 may be locked in their rooms during
25the night shift, if they reside in a maximum or medium security unit in which each

1room is equipped with a toilet and sink, or if they reside in a unit in which each room
2is not equipped with a toilet and sink and the number of patients outside their rooms
3equals or exceeds the number of toilets in the unit, except that patients who do not
4have toilets in their rooms must be given an opportunity to use a toilet at least once
5every hour, or more frequently if medically indicated.
Patients in the maximum
6security facility at the Mendota Mental Health Institute, or patients detained or
7committed under ch. 980 and placed in a facility specified under s. 980.065,
may also
8be locked in their rooms on a unit-wide or facility-wide basis as an emergency
9measure as needed for security purposes to deal with an escape or attempted escape,
10the discovery of a dangerous weapon in the unit or facility or the receipt of reliable
11information that a dangerous weapon is in the unit or facility, or to prevent or control
12a riot or the taking of a hostage. A unit-wide or facility-wide emergency isolation
13order may only be authorized by the director of the unit or maximum security facility
14where the order is applicable or his or her designee and shall. A unit-wide or
15facility-wide emergency isolation order affecting the Mendota Mental Health
16Institute must
be approved within one hour after it is authorized by the director of
17the Mendota mental health facility Mental Health Institute or the director's
18designee. An emergency order for unit-wide or facility-wide isolation may only be
19in effect for the period of time needed to preserve order while dealing with the
20situation and may not be used as a substitute for adequate staffing. During a period
21of unit-wide or facility-wide isolation, the status of each patient shall be reviewed
22every 30 minutes to ensure the safety and comfort of the patient, and each patient
23who is locked in a room without a toilet shall be given an opportunity to use a toilet
24at least once every hour, or more frequently if medically indicated. Each unit in the
25maximum security facility at the Mendota Mental Health Institute and each unit in

1a facility specified under s. 980.065
shall have a written policy covering the use of
2isolation which that ensures that the dignity of the individual is protected, that the
3safety of the individual is secured, and that there is regular, frequent monitoring by
4trained staff to care for bodily needs as may be required. Each policy The isolation
5policies
shall be reviewed and approved by the director of the Mendota Mental
6Health Institute or the director's designee, or by the director of the facility specified
7under s. 980.065 or his or her designee, whichever is applicable
.
SB55-ASA1-AA1, s. 1993i 8Section 1993i. 51.61 (1) (o) of the statutes is amended to read:
SB55-ASA1-AA1,495,199 51.61 (1) (o) Except as otherwise provided, have a right not to be filmed or
10taped, unless the patient signs an informed and voluntary consent which that
11specifically authorizes a named individual or group to film or tape the patient for a
12particular purpose or project during a specified time period. The patient may specify
13in such consent periods during which, or situations in which, the patient may not be
14filmed or taped. If a patient is legally incompetent, such consent shall be granted on
15behalf of the patient by the patient's guardian. A patient in Goodland Hall at the
16Mendota Mental Health Institute, or a patient detained or committed under ch. 980
17and placed in a facility specified under s. 980.065,
may be filmed or taped for security
18purposes without the patient's consent, except that such a patient may not be filmed
19in patient bedrooms or bathrooms for any purpose without the patient's consent.".
SB55-ASA1-AA1,495,20 20852. Page 660, line 5: after that line insert:
SB55-ASA1-AA1,495,21 21" Section 1994p. 59.20 (3) (c) of the statutes is amended to read:
SB55-ASA1-AA1,496,622 59.20 (3) (c) Any board may, by ordinance, provide that the cut-off reception
23time for the filing and recording of documents shall be advanced by one-half one hour
24in any official business day during which time the register of deeds office is open to

1the public, in order to complete the processing, recording , and indexing to conform
2to the day of reception. Any register of deeds may provide in his or her notice under
3s. 19.34 (1) that requests for inspection or copying of the records of his or her office
4may be made only during a specified period of not less than 35 hours per week. For
5all other purposes, the register of deeds office shall remain open to the public during
6usual business hours.".
SB55-ASA1-AA1,496,7 7853. Page 660, line 5: after that line insert:
SB55-ASA1-AA1,496,8 8" Section 1994d. 59.05 (2) of the statutes is amended to read:
SB55-ASA1-AA1,496,209 59.05 (2) If two-fifths of the legal voters of any county, to be determined by the
10registration or poll lists of the last previous general election held in the county, the
11names of which voters shall appear on some one of the registration or poll lists of such
12election, present to the board a petition conforming to the requirements of s. 8.40
13asking for a change of the county seat to some other place designated in the petition,
14the board shall submit the question of removal of the county seat to a vote of the
15qualified voters of the county. The board shall file the question as provided in s. 8.37.
16The election shall be held only on the day of the general election, notice of the election
17shall be given and the election shall be conducted as in the case of the election of
18officers on that day, and the votes shall be canvassed, certified and returned in the
19same manner as other votes at that election. The question to be submitted shall be
20"Shall the county seat of .... county be removed to ....? ".."".
SB55-ASA1-AA1,496,21 21854. Page 660, line 5: after that line insert:
SB55-ASA1-AA1,496,22 22" Section 10994m. 59.08 (7) (b) of the statutes is amended to read:
SB55-ASA1-AA1,497,923 59.08 (7) (b) The question of the consolidation of the counties shall be submitted
24to the voters at the next election authorized under s. 8.065 (2) or an election

1authorized under s. 8.065 (3)
to be held on the first Tuesday in April, or the next
2regular election, or at a special election to be held on the day fixed in
a date specified
3in the order which shall be no sooner than 45 days after the date of
the order issued
4under par. (a), which day date shall be the same in each of the counties proposing to
5consolidate. A copy of the order shall be filed with the county clerk of each of the
6counties as provided in s. 8.37. If the question of consolidation is submitted at a
7special election, it shall be held not less than 42 days nor more than 60 days from the
8completion of the consolidation agreement, but not within 60 days of any spring or
9general election.
".
SB55-ASA1-AA1,497,10 10855. Page 660, line 5: after that line insert:
SB55-ASA1-AA1,497,11 11" Section 1994m. 59.08 (9) of the statutes is amended to read:
SB55-ASA1-AA1,497,1812 59.08 (9) The ballot shall have on the back or reverse side the endorsements
13provided by law for ballots for general elections and shall be marked , punched or
14labeled
by the elector and counted and canvassed as other ballots cast on questions
15in the county are counted and canvassed. The election shall be conducted by the
16same officers and in the same manner as are other elections in the county. The
17results of the election shall be certified to the judges of the circuit courts for the
18counties.".
SB55-ASA1-AA1,497,19 19856. Page 664, line 6: after that line insert:
SB55-ASA1-AA1,497,20 20" Section 1997t. 59.43 (1) (a) of the statutes is amended to read:
SB55-ASA1-AA1,498,1921 59.43 (1) (a) Record or cause to be recorded in suitable books to be kept in his
22or her office, correctly and legibly all deeds, mortgages, instruments and writings
23authorized by law to be recorded in his or her office and left with him or her for that
24purpose, provided such documents have plainly printed or typewritten thereon the

1names of the grantors, grantees, witnesses and notary. The register of deeds shall
2record and file or cause to be recorded and filed all plats and certified survey maps
3that are authorized to be accepted for recording and filing in his or her office. The
4register of deeds shall maintain a separate index for recording conservation
5easements, as defined in s. 700.40 (1) (a).
Any county, by a resolution duly adopted
6by the board, may combine the separate books or volumes for deeds, mortgages,
7miscellaneous instruments, attachments, lis pendens, sales and notices, certificates
8of organization of corporations, plats or other recorded or filed instruments or classes
9of documents as long as separate indexes may be produced. Notwithstanding any
10other provisions of the statutes, any county adopting a system of microfilming or like
11process or a system of recording documents by optical imaging or electronic
12formatting under ch. 228 may substitute the headings, reel, disk or electronic file
13name and microfilm image (frame) for volume and page where recorded and different
14classes of instruments may be recorded, reproduced or copied on or transferred to the
15same reel, disk or electronic file or part of a reel or disk. All recordings made prior
16to June 28, 1961, which would have been valid under this paragraph, had this
17paragraph then been in effect, are hereby validated. In this subsection, "book", if
18automated recording or indexing equipment is used, includes the meaning given
19under sub. (12) (d).".
SB55-ASA1-AA1,498,20 20857. Page 665, line 7: after that line insert:
SB55-ASA1-AA1,498,21 21" Section 2001pr. 59.52 (4) (a) 3. of the statutes is amended to read:
SB55-ASA1-AA1,498,2322 59.52 (4) (a) 3. Records of bounty claims that are forwarded to the department
23of natural resources fish, wildlife, parks, and forestry, after one year.
SB55-ASA1-AA1, s. 2001pt 24Section 2001pt. 59.52 (6) (e) of the statutes is amended to read:
SB55-ASA1-AA1,499,14
159.52 (6) (e) Leases to department of natural resources fish, wildlife, parks, and
2forestry
. Lease lands owned by the county to the department of natural resources
3fish, wildlife, parks, and forestry for game management purposes. Lands so leased
4shall not be eligible for entry under s. 28.11. Of the rental paid by the state to the
5county for lands so leased, 60% shall be retained by the county and 40% shall be paid
6by the county to the town in which the lands are located and of the amount received
7by the town, 40% shall be paid by the town to the school district in which the lands
8are located. The amount so paid by a town to a joint school district shall be credited
9against the amount of taxes certified for assessment in that town by the clerk of the
10joint school district under s. 120.17 (8), and the assessment shall be reduced by such
11amount. In case any leased land is located in more than one town or school district
12the amounts paid to them shall be apportioned on the basis of area. This paragraph
13shall not affect the distribution of rental moneys received on leases executed before
14June 22, 1955.".
SB55-ASA1-AA1,499,15 15858. Page 665, line 20: after that line insert:
SB55-ASA1-AA1,499,16 16" Section 2002j. 59.54 (27) of the statutes is created to read:
SB55-ASA1-AA1,499,1817 59.54 (27) Religious organizations; contract powers. (a) Definition. In this
18subsection, "board" includes any department, as defined in s. 59.60 (2) (a).
SB55-ASA1-AA1,500,219 (b) General purpose and authority. The purpose of this subsection is to allow
20the board to contract with, or award grants to, religious organizations, under any
21program administered by the county dealing with delinquency and crime prevention
22or the rehabilitation of offenders, on the same basis as any other nongovernmental
23provider, without impairing the religious character of such organizations and

1without diminishing the religious freedom of beneficiaries of assistance funded
2under such program.
SB55-ASA1-AA1,500,123 (c) Nondiscrimination against religious organizations. If the board is
4authorized to contract with a nongovernmental entity, or is authorized to award
5grants to a nongovernmental entity, religious organizations are eligible, on the same
6basis as any other private organization, to be contractors and grantees under any
7program administered by the board so long as the programs are implemented
8consistently with the first amendment to the U.S. Constitution and article I, section
918, of the Wisconsin constitution. Except as provided in par. (L), the board may not
10discriminate against an organization that is or applies to be a contractor or grantee
11on the basis that the organization does or does not have a religious character or
12because of the specific religious nature of the organization.
SB55-ASA1-AA1,500,1613 (d) Religious character and freedom. 1. The board shall allow a religious
14organization with which the board contracts or to which the board awards a grant
15to retain its independence from government, including the organization's control
16over the definition, development, practice, and expression of its religious beliefs.
SB55-ASA1-AA1,500,1917 2. The board may not require a religious organization to alter its form of
18internal governance or to remove religious art, icons, scripture, or other symbols to
19be eligible for a contract or grant.
SB55-ASA1-AA1,500,2520 (e) Rights of beneficiaries of assistance. 1. If the board contracts with, or
21awards grants to, a religious organization for the provision of crime prevention or
22offender rehabilitation assistance under a program administered by the board, an
23individual who is eligible for this assistance shall be informed in writing that
24assistance of equal value and accessibility is available from a nonreligious provider
25upon request.
SB55-ASA1-AA1,501,6
12. The board shall provide an individual who is otherwise eligible for assistance
2from an organization described under subd. 1. with assistance of equal value from
3a nonreligious provider if the individual objects to the religious character of the
4organization described under subd. 1. and requests assistance from a nonreligious
5provider. The board shall provide such assistance within a reasonable period of time
6after the date of the objection and shall ensure that it is accessible to the individual.
SB55-ASA1-AA1,501,107 (g) Nondiscrimination against beneficiaries. A religious organization may not
8discriminate against an individual in regard to rendering assistance that is funded
9under any program administered by the board on the basis of religion, a religious
10belief or nonbelief, or a refusal to actively participate in a religious practice.
SB55-ASA1-AA1,501,1511 (h) Fiscal accountability. 1. Except as provided in subd. 2., any religious
12organization that contracts with or receives a grant from the board is subject to the
13same laws and rules as other contractors and grantees regarding accounting, in
14accord with generally accepted auditing principles, for the use of the funds provided
15under such programs.
SB55-ASA1-AA1,501,1816 2. If the religious organization segregates funds provided under programs
17administered by the board into separate accounts, only the financial assistance
18provided with those funds shall be subject to audit.
SB55-ASA1-AA1,501,2119 (i) Compliance. Any party that seeks to enforce its rights under this subsection
20may bring a civil action for injunctive relief against the entity that allegedly commits
21the violation.
SB55-ASA1-AA1,501,2422 (j) Limitations on use of funds for certain purposes. No funds provided directly
23to religious organizations by the board may be expended for sectarian worship,
24instruction, or proselytization.
SB55-ASA1-AA1,502,7
1(k) Certification of compliance. Every religious organization that contracts
2with or receives a grant from the county board to provide delinquency and crime
3prevention or offender rehabilitation services to eligible recipients shall certify in
4writing that it has complied with the requirements of pars. (g) and (j) and submit to
5the board a copy of this certification and a written description of the policies the
6organization has adopted to ensure that it has complied with the requirements under
7pars. (g) and (j).
SB55-ASA1-AA1,502,108 (L) Preemption. Nothing in this subsection may be construed to preempt any
9other statute that prohibits or restricts the expenditure of federal or state funds by
10or the granting of federal or state funds to religious organizations.".
SB55-ASA1-AA1,502,11 11859. Page 667, line 19: after that line insert:
SB55-ASA1-AA1,502,12 12" Section 2002tp. 59.69 (3) (a) of the statutes is amended to read:
SB55-ASA1-AA1,502,2313 59.69 (3) (a) The Subject to s. 60.23 (32), the county zoning agency may direct
14the preparation of a county development plan or parts thereof for the physical
15development of the unincorporated territory within the county and areas within
16incorporated jurisdictions whose governing bodies by resolution agree to having
17their areas included in the county's development plan. The plan may be adopted in
18whole or in part and may be amended by the board and endorsed by the governing
19bodies of incorporated jurisdictions included in the plan. The county development
20plan, in whole or in part, in its original form or as amended, is hereafter referred to
21as the development plan. Beginning on January 1, 2010, if the county engages in any
22program or action described in s. 66.0295 66.1001 (3), the development plan shall
23contain at least all of the elements specified in s. 66.1001 66.0295 (2).
SB55-ASA1-AA1, s. 2002tq 24Section 2002tq. 59.69 (3) (b) of the statutes is amended to read:
SB55-ASA1-AA1,503,5
159.69 (3) (b) The development plan shall include the master plan, if any, of any
2city or village, that was adopted under s. 62.23 (2) or (3) and the official map, if any,
3of such city or village, that was adopted under s. 62.23 (6) in the county, without
4change. The development plan shall also include, and integrate, the master plan and
5the official map of a town that was adopted under s. 60.62 (5) (a), without change.
".
SB55-ASA1-AA1,503,6 6860. Page 667, line 19: after that line insert:
SB55-ASA1-AA1,503,7 7" Section 2002tm. 59.605 (3) (a) 1. of the statutes is amended to read:
SB55-ASA1-AA1,503,208 59.605 (3) (a) 1. If the governing body of a county wishes to exceed the operating
9levy rate limit otherwise applicable to the county under this section, it shall adopt
10a resolution to that effect. The resolution shall specify either the operating levy rate
11or the operating levy that the governing body wishes to impose for either a specified
12number of years or an indefinite period. The governing body shall call a special
13referendum for the purpose of submitting the resolution to the electors of the county
14for approval or rejection. In lieu of a special referendum, the governing body may
15specify that
provide for the referendum to be held at the next succeeding spring
16primary or election or September primary or general
election to be held authorized
17under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs
not earlier
18than 42 days after the adoption of the resolution of the governing body. The
19governing body shall file the resolution to be submitted to the electors as provided
20in s. 8.37.".
SB55-ASA1-AA1,503,21 21861. Page 667, line 19: after that line insert:
SB55-ASA1-AA1,503,22 22" Section 2002ts. 59.69 (3) (c) of the statutes is amended to read:
SB55-ASA1-AA1,504,323 59.69 (3) (c) The development plan may be in the form of descriptive material,
24reports, charts, diagrams, or maps, and shall indicate any effect it will have on

1changing the allowable use of any property
.. Each element of the development plan
2shall describe its relationship to other elements of the plan and to statements of
3goals, objectives, principles, policies, or standards.".
SB55-ASA1-AA1,504,4 4862. Page 668, line 13: after that line insert:
SB55-ASA1-AA1,504,5 5" Section 2002xc. 59.692 (1) (a) of the statutes is amended to read:
SB55-ASA1-AA1,504,76 59.692 (1) (a) "Department" means the department of natural resources
7environmental management.
SB55-ASA1-AA1, s. 2002xg 8Section 2002xg. 59.693 (1) of the statutes is amended to read:
SB55-ASA1-AA1,504,109 59.693 (1) Definition. In this section, "department" means the department of
10natural resources environmental management.
SB55-ASA1-AA1, s. 2002xn 11Section 2002xn. 59.70 (2) (q) 4. of the statutes is amended to read:
SB55-ASA1-AA1,504,1312 59.70 (2) (q) 4. The cleanup of the site is conducted under the supervision of the
13department of natural resources environmental management.
SB55-ASA1-AA1, s. 2002xr 14Section 2002xr. 59.70 (6) (a) 1. of the statutes is amended to read:
SB55-ASA1-AA1,504,1615 59.70 (6) (a) 1. "Department" means the department of natural resources
16environmental management.
SB55-ASA1-AA1, s. 2002xw 17Section 2002xw. 59.70 (13) (b) of the statutes is amended to read:
SB55-ASA1-AA1,505,418 59.70 (13) (b) Members or employees of the commission may request admission
19onto any property within the district at reasonable times to determine if mosquito
20breeding is present. If the owner or occupant refuses admission, the commission
21member or employee shall seek a warrant to inspect the property as a potential
22mosquito breeding ground. Commission members or employees may enter upon
23property to clean up stagnant pools of water or shores of lakes or streams, and may
24spray mosquito breeding areas with insecticides subject to the approval of the district

1director and the department of natural resources environmental management. The
2commission shall notify the property owner of any pending action under this
3paragraph and shall provide the property owner with a hearing prior to acting under
4this paragraph if the owner objects to the commission's actions.".
SB55-ASA1-AA1,505,5 5863. Page 668, line 13: after that line insert:
SB55-ASA1-AA1,505,6 6" Section 2002wg. 59.69 (5) (c) of the statutes is amended to read:
SB55-ASA1-AA1,505,177 59.69 (5) (c) A county ordinance enacted under this section shall not be effective
8in any town until it has been approved by the town board. If the town board approves
9an ordinance enacted by the county board, under this section, a certified copy of the
10approving resolution attached to one of the copies of such ordinance submitted to the
11town board shall promptly be filed with the county clerk by the town clerk. The
12ordinance shall become effective in the town as of the date of the filing, which filing
13shall be recorded by the county clerk in the clerk's office, reported to the town board
14and the county board, and printed in the proceedings of the county board. The
15ordinance shall supersede any prior town ordinance in conflict therewith or which
16is concerned with zoning, except as provided by s. 60.62. A town board may withdraw
17from coverage of a county zoning ordinance as provided under s. 60.23 (32).
SB55-ASA1-AA1, s. 2002wk 18Section 2002wk. 59.69 (5m) of the statutes is created to read:
SB55-ASA1-AA1,505,2319 59.69 (5m) Termination of county zoning and development plan. (a) Subject
20to par. (b), at any time after December 31, 2004, a county board may enact an
21ordinance to repeal all of its zoning ordinances enacted under this section and its
22development plan enacted under this section if it so notifies, in writing, all of the
23towns that are subject to its zoning ordinances and development plan.
SB55-ASA1-AA1,506,3
1(b) An ordinance enacted under par. (a) shall have a delayed effective date of
2one year. No county board may repeal under this subsection a county shoreland
3zoning or floodplain zoning ordinance.".
SB55-ASA1-AA1,506,4 4864. Page 668, line 13: after that line insert:
SB55-ASA1-AA1,506,5 5" Section 2002x. 59.692 (1) (ag) of the statutes is created to read:
SB55-ASA1-AA1,506,76 59.692 (1) (ag) "Setback distance" means the linear distance landward from the
7ordinary high-water mark that is used in determining a shoreland setback area.
SB55-ASA1-AA1, s. 2002y 8Section 2002y. 59.692 (1p) of the statutes is created to read:
SB55-ASA1-AA1,506,199 59.692 (1p) If the department promulgates a shoreland zoning standard that
10establishes a setback distance or if a county as part of an ordinance enacted under
11this section establishes a setback distance, an ordinance enacted under this section
12may allow that a landowner, upon the landowner's request, use an alternative
13setback distance in determining the shoreland setback area for the landowner's
14parcel of land. To be able to use the alternative setback distance, the parcel of land
15must be located between 2 abutting parcels of land, at least one of which has a
16setback distance that is different, due to a nonconforming use or other exemption,
17from the setback distance established by rule or by ordinance. The alternative
18setback distance shall be the average of the 2 setback distances of the abutting
19parcels.
SB55-ASA1-AA1, s. 2002ym 20Section 2002ym. 59.692 (7) (a) 1. of the statutes is amended to read:
SB55-ASA1-AA1,506,2321 59.692 (7) (a) 1. The city or village enacts, administers and enforces a zoning
22ordinance, for the annexed area, that complies with the shoreland zoning standards
23and that is at least as restrictive as the county shoreland zoning ordinance.
SB55-ASA1-AA1, s. 2002yp 24Section 2002yp. 59.692 (7) (ad) 1. of the statutes is amended to read:
SB55-ASA1-AA1,507,3
159.692 (7) (ad) 1. The city or village enacts, administers and enforces a zoning
2ordinance that complies with the shoreland zoning standards and that is at least as
3restrictive as the county shoreland zoning ordinance
.
SB55-ASA1-AA1, s. 2002yr 4Section 2002yr. 59.692 (7) (b) of the statutes is amended to read:
SB55-ASA1-AA1,507,145 59.692 (7) (b) If the department determines that a zoning ordinance enacted
6by a city or village under par. (a) 1. or (ad) 1. does not meet the shoreland zoning
7standards or is not as restrictive as the county shoreland zoning ordinance, the
8department shall, after providing notice and conducting a hearing on the matter,
9either issue an order declaring the city or village ordinance void and reinstating the
10applicability of the county shoreland zoning ordinance to the annexed or
11incorporated area or issue an order declaring the city or village ordinance void and
12adopting an ordinance for the annexed or incorporated area for the city or village that
13does meet the shoreland zoning standards and that is at least as restrictive as the
14county shoreland zoning ordinance
.".
SB55-ASA1-AA1,507,15 15865. Page 668, line 13: after that line insert:
SB55-ASA1-AA1,507,16 16" Section 2002y. 59.692 (1rm) of the statutes is created to read:
SB55-ASA1-AA1,507,2117 59.692 (1rm) An ordinance under this section may not prohibit or limit repairs
18or improvements of a building or structure that is located in a shoreland setback area
19and that is in existence on the effective date of this subsection .... [revisor inserts
20date], if the repair or improvement does not alter the footprint of the building or is
21conducted in an area where construction is permitted under the ordinance.".
SB55-ASA1-AA1,507,22 22866. Page 668, line 13: after that line insert:
SB55-ASA1-AA1,507,23 23" Section 2002we. 59.69 (5) (a) of the statutes is amended to read:
SB55-ASA1-AA1,508,10
159.69 (5) (a) When the county zoning agency has completed a draft of a
2proposed zoning ordinance, it shall hold a public hearing thereon, following
3publication in the county of a class 2 notice, under ch. 985. If the proposed ordinance
4has the effect of changing the allowable use of any property, the notice shall include
5either a map showing the property affected by the ordinance or a description of the
6property affected by the ordinance and a statement that a map may be obtained from
7the zoning agency.
After such hearing the agency may make such revisions in the
8draft as it considers necessary, or it may submit the draft without revision to the
9board with recommendations for adoption. Proof of publication of the notice of the
10public hearing held by such agency shall be attached to its report to the board.
SB55-ASA1-AA1, s. 2002wh 11Section 2002wh. 59.69 (5) (e) 2. of the statutes is amended to read:
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