AB770-ASA1,21,1615 114.002 (11m) "Astronautics" means the science and art of spacecraft flight
16and all activities related thereto.
AB770-ASA1, s. 54 17Section 54. 114.002 (18r), (18s) and (18t) of the statutes are created to read:
AB770-ASA1,21,2018 114.002 (18r) "Spacecraft" means any contrivance invented, used, or designed
19for navigation or flight beyond the earth's atmosphere, including rockets, missiles,
20capsules, modules, and other vehicles, whether with or without passengers.
AB770-ASA1,21,24 21(18s) "Spacecraft launch or landing area" means any area used, or intended for
22use, for launching or landing spacecraft or for surface maneuvering, positioning, or
23preparation of spacecraft for imminent launching or immediately after landing,
24including any launch pad, landing area, or launch or landing control center.
AB770-ASA1,22,4
1(18t) "Spaceport" means any area of land or water that is used, or intended for
2use, as a spacecraft launch or landing area and any appurtenant areas that are used,
3or intended for use, for spaceport buildings or other spaceport facilities or
4rights-of-way, together with all spaceport buildings and facilities located thereon.
AB770-ASA1, s. 55 5Section 55. 114.04 of the statutes is amended to read:
AB770-ASA1,22,14 6114.04 Flying and landing, limitations. Flight in aircraft or spacecraft over
7the lands and waters of this state is lawful, unless at such a low altitude as to
8interfere with the then existing use to which the land or water, or the space over the
9land or water, is put by the owner, or unless so conducted as to be imminently
10dangerous or damaging to persons or property lawfully on the land or water beneath.
11The landing of an aircraft or spacecraft on the lands or waters of another, without
12the person's consent, is unlawful, except in the case of a forced landing. For damages
13caused by a forced landing, however, the owner or lessee of the aircraft or spacecraft
14or the aeronaut or astronaut shall be liable, as provided in s. 114.05.
AB770-ASA1, s. 56 15Section 56. 114.05 of the statutes is amended to read:
AB770-ASA1,23,2 16114.05 Damages by aircraft or spacecraft. The liability of the owner, lessee
17and pilot of every aircraft or spacecraft operating over the lands or waters of this
18state for injuries or damage to persons or property on the land or water beneath,
19caused by the ascent, descent or flight of such aircraft or spacecraft, or the dropping
20or falling of the aircraft or spacecraft or of any object or material therefrom, shall be
21determined by the law applicable to torts on land, except that there shall be a
22presumption of liability on the part of the owner, lessee or pilot, as the case may be,
23where injury or damage is caused by the dropping or falling of the aircraft or
24spacecraft
or of any object or material therefrom, which presumption may be
25rebutted by proof that the injury or damage was not caused by negligence on the part

1of the owner, lessee or pilot and the burden of proof in such case shall be upon such
2owner, lessee or pilot to show absence of negligence on his or her part.
AB770-ASA1, s. 57 3Section 57. 114.07 of the statutes is amended to read:
AB770-ASA1,23,9 4114.07 Criminal jurisdiction. All crimes, torts and other wrongs committed
5by or against an aeronaut, astronaut, or passenger while in flight over this state shall
6be governed by the laws of this state; and the question whether damage occasioned
7by or to an aircraft or spacecraft while in flight over this state constitutes a tort, crime
8or other wrong by or against the owner of such aircraft or spacecraft, shall be
9determined by the laws of this state.
AB770-ASA1, s. 58 10Section 58. 114.105 of the statutes is amended to read:
AB770-ASA1,23,20 11114.105 Local regulation. Any county, town, city or village may adopt any
12ordinance in strict conformity with the provisions of this chapter and impose the
13same penalty for violation of any of its provisions except that such ordinance shall
14not provide for the suspension or revocation of pilot or aircraft licenses or certificates
15and shall not provide for imprisonment except for failure to pay any fine which may
16be imposed. No local authority shall enact any ordinance governing aircraft or
17aeronautics or spacecraft or astronautics contrary to or inconsistent with the
18provisions of this chapter or federal law. Every court in which a violation of such
19ordinance is prosecuted shall make a written report of any conviction (including bail
20or appearance money forfeiture) to the federal aviation administration.
AB770-ASA1, s. 59 21Section 59. 114.11 (title) of the statutes is amended to read:
AB770-ASA1,23,22 22114.11 (title) Local airports and spaceports; interstate reciprocity.
AB770-ASA1, s. 60 23Section 60. 114.11 (1), (2), (3), (4) and (5) (intro.) of the statutes are amended
24to read:
AB770-ASA1,24,18
1114.11 (1) The governing body of any county, city, village or town in this state
2is hereby authorized to acquire, establish, construct, own, control, lease, equip,
3improve, maintain and operate airports or landing fields or landing and take-off
4strips for the use of airplanes and other aircraft, or spaceports or spacecraft launch
5or landing areas,
either within or without the limits of such counties, cities, villages
6and towns, and may use for such purpose or purposes any property suitable therefor
7that is now or may at any time hereafter be owned or controlled by such county, city,
8village or town, and may regulate the same, provided, such regulation shall not be
9in conflict with such rules and regulations as may be made by the federal
10government. The governing body of each and every county and municipality owning
11an airport or landing field or landing and take-off strip, or spaceport or spacecraft
12launch or landing area,
in the state of Wisconsin shall cause the surroundings of such
13airport, landing field or landing and take-off strip, or spaceport or spacecraft launch
14or landing area,
to be marked for aeronautical or astronautical purposes, and
15maintain such marking, subject to and in accordance with law and such rules and
16regulations as may from time to time be made by the federal government and in so
17doing may cooperate with other states and subdivisions thereof and acquire rights
18and easements in property outside of the state.
AB770-ASA1,24,25 19(2) The governing body of any county, city, village or town of this state is
20authorized to acquire, establish, construct, own, control, lease, equip, improve,
21maintain and operate airports or landing fields or landing and take-off strips or
22other aeronautical facilities, or spaceports or spacecraft launch or landing areas or
23other astronautical facilities,
in an adjoining state whose laws permit, subject to the
24laws of such state, but subject to the laws of this state in all matters relating to
25financing such aeronautical or astronautical project.
AB770-ASA1,25,19
1(3) The governing body of any municipality or other political subdivision of an
2adjoining state whose laws permit, is hereby authorized to acquire, establish,
3construct, own, control, lease, equip, improve, maintain and operate airports, or
4landing fields, or landing and take-off strips or other aeronautical facilities, or
5spaceports or spacecraft launch or landing areas or other astronautical facilities,
in
6this state, subject to all laws, rules and regulations of this state applicable to its
7municipalities or other political subdivisions in such aeronautical or astronautical
8project, but subject to the laws of its own state in all matters relating to financing
9such project. Such municipality or other political subdivision of an adjoining state
10shall have all privileges, rights and duties of like municipalities or other political
11subdivisions of this state, including the right to exercise the right of eminent domain.
12This subsection shall not apply unless the laws of such adjoining state shall permit
13municipalities or other political subdivisions of this state to acquire, establish,
14construct, own, control, lease, equip, improve, maintain, operate and otherwise
15control such airport, landing field or landing and take-off strips or other
16aeronautical facilities, or spaceports or spacecraft launch or landing areas or other
17astronautical facilities,
therein with all privileges, rights and duties applicable to the
18municipalities or other political subdivisions of such adjoining state in such
19aeronautical or astronautical projects.
AB770-ASA1,25,23 20(4) The governing body of any county, city, village or town is authorized to
21appropriate money to any town, city, village or other county, for the operation,
22improvement or acquisition of an airport or spaceport by such town, city, village or
23other county or any combination of such municipalities.
AB770-ASA1,26,3 24(5) (intro.) The governing body of any county, city, village or town in this state
25may, together with any municipality or other political subdivision of an adjoining

1state if, under the laws of that state, such municipality or other political subdivision
2is similarly authorized, jointly sponsor an airport or spaceport project located in this
3state or in the adjoining state.
AB770-ASA1, s. 61 4Section 61. 114.12 of the statutes is amended to read:
AB770-ASA1,26,25 5114.12 Condemnation of lands for airports and spaceports. Any lands
6acquired, owned, controlled or occupied by such counties, cities, villages and towns
7for the purposes enumerated in s. 114.11 shall and are hereby declared to be
8acquired, owned, controlled and occupied for a public purpose, and as a matter of
9public necessity, and such cities, villages, towns or counties shall have the right to
10acquire property for such purpose or purposes under the power of eminent domain
11as and for a public necessity including property owned by other municipal
12corporations and political subdivisions and including any street, highway, park,
13parkway or alley, provided that no state trunk highway shall be so acquired without
14the prior consent of the department. Whenever the county, city, village or town as
15the case may be shall own all land or access rights on both sides of such street,
16highway, park, parkway or alley, it may, within the limits where it has ownership or
17access rights on both sides, notwithstanding any other provisions of law, vacate and
18close such public way by resolution of the governing body of the county, city, village
19or town acquiring it and no damages shall be assessed against such county, city,
20village or town by reason of such closing, except as may be allowed in a particular
21condemnation action where the lands or rights in lands necessary for such airport
22or spaceport are so acquired. If such closing shall leave any part of such street,
23highway, parkway or alley without access to another public street or highway, the
24county, town, city or village effecting such closing shall immediately provide such
25access at its expense.
AB770-ASA1, s. 62
1Section 62. 114.13 of the statutes is amended to read:
AB770-ASA1,27,14 2114.13 Purchase of land for airports and spaceports. Private property
3needed by a county, city, village or town for an airport or landing field or landing and
4take-off strip, or for a spaceport or spacecraft launch or landing area, or property or
5rights for the protection of the aerial approaches thereof, shall be acquired by
6purchase if the city, village, town or county is able to agree with the owners on the
7terms thereof, and otherwise by condemnation, as provided in s. 32.05. The purchase
8price or award for real property acquired for an airport or landing field or landing and
9take-off strip, or for a spaceport or spacecraft launch or landing area, or property or
10rights for the protection of the aerial approaches thereof, may be paid for the
11appropriation of moneys available therefor, or wholly or partly from the proceeds of
12the sale of bonds of the city, village, town or county, as the governing body of such city,
13village, town or county determines, subject to ch. 67. Such property or rights may
14be acquired by gift, which the respective governing bodies are authorized to accept.
AB770-ASA1, s. 63 15Section 63. 114.134 (title) of the statutes is amended to read:
AB770-ASA1,27,16 16114.134 (title) Airport and spaceport standards and approval.
AB770-ASA1, s. 64 17Section 64. 114.134 (1), (2), (3) and (4) (c) of the statutes are amended to read:
AB770-ASA1,27,2218 114.134 (1) Public airport and spaceport information. No person shall
19operate an airport or spaceport within this state that is open to the general public
20unless effective runway and landing strip lengths are properly reported, published
21and marked in accordance with applicable federal aviation regulations and federal
22obstruction standards.
AB770-ASA1,28,2 23(2) Traverse way clearance. No person shall operate an airport or spaceport
24within this state unless all runways and landing strips are so located that
25approaching and departing aircraft or spacecraft clear all public roads, highways,

1railroads, waterways or other traverse ways by a height which complies with
2applicable federal standards.
AB770-ASA1,28,9 3(3) Airport and spaceport site approval. No person shall construct or
4otherwise establish a new airport or spaceport or activate an airport or spaceport
5within this state unless the secretary of transportation issues a certificate of
6approval for the location of the proposed airport or spaceport. No charge shall be
7made for application or approval. The secretary may issue a certificate of approval
8if the secretary determines that the location of the proposed airport or spaceport is
9compatible with existing and planned transportation facilities in the area.
AB770-ASA1,28,13 10(4) (c) At least 15 days before the date of the hearing a class 1 notice of any
11public hearing shall be published, under ch. 985, in the official state newspaper and
12in a paper of general circulation printed and published near the location of the
13proposed airport or spaceport.
AB770-ASA1, s. 65 14Section 65. 114.135 (intro.), (1), (2), (3), (4), (6), (7) and (8) of the statutes are
15amended to read:
AB770-ASA1,28,23 16114.135 Airport and spaceport protection. (intro.) It is declared to be in
17the public interest that the navigable airspace over the state and the aerial
18approaches to any airport or spaceport be maintained in a condition best suited for
19the safe operation of aircraft or spacecraft and to that end the bulk, height, location
20and use of any building or structure, or any other object, and the use of land, may be
21regulated, or any building, structure or other object may be removed. It is the
22legislative intent that this section shall not supersede s. 59.69 (4), but that it shall
23be supplemental to such section.
AB770-ASA1,29,22 24(1) Procedure to obtain protection privileges. The aerial approaches to any
25airport or spaceport owned and operated by corporations organized to provide

1aeronautic or astronautic facilities to the general public may be protected in the
2following manner: The owner of the airport or spaceport shall prepare and record
3with the register of deeds plans and specifications showing the land affected, the
4owner of each parcel or interest therein, whether public or private, the regulations
5to be imposed on each parcel and the structures, buildings or other objects to be
6removed. The owner or managing body of the airport or spaceport may negotiate and
7acquire from the owners of the various parcels or interest therein, whether public or
8private, by deeds the protection privileges shown by the plans and specifications.
9Referring in the deed to the plans and specifications, and briefly describing the plans
10and specifications, shall be considered sufficient legal description to convey the
11protection privileges set forth in the plans and specifications in the property of the
12grantor. In case the owner of the airport or spaceport is unable to obtain by
13negotiation the desired protection privileges, he or she may acquire the protection
14privileges by eminent domain in the manner set forth in ch. 32, except as to lands and
15buildings of railway companies that are necessary to, or are used in connection with
16the operation of the railway. In case the protection privileges sought extend into
17more than one county the plans and specifications shall be recorded with the register
18of deeds of each county. In case any parcel of land lies in more than one county,
19eminent domain proceedings may be instituted in the circuit court of any county in
20which the parcel is situated, provided a certified copy of the final judgment with a
21description of the property involved is recorded with the register of deeds of all
22counties in which the parcel of land or interest therein lies.
AB770-ASA1,31,14 23(2) Notice; claim for damages. In case of any airport landing field or landing
24and take-off strip, or spaceport or spacecraft launch or landing area, owned by any
25city, village, town or county or any union of them, the commission or other body in

1charge of the operation and control of the airport, landing field or landing and
2take-off strip, or spaceport or spacecraft launch or landing area, may prepare and
3record without charge with the register of deeds plans and specifications showing the
4protection privileges sought as described in sub. (1). The commission or other body
5in charge shall send by registered mail with return receipt to each owner at his or
6her last-known address a notice stating that the plans and specifications have been
7recorded with the register of deeds' office, stating the county, time of recording, the
8record number, and a brief description of the parcel of land or interest therein
9affected. If the address of the owner cannot be ascertained or the registered letter
10is returned unclaimed, notice shall be sent by registered mail to the person in
11possession of the premises. If no person is in possession, then the notice shall be
12posted in a conspicuous place on the land involved and published as a class 3 notice,
13under ch. 985, in the area affected. The right of the owner to claim for damages for
14the protection regulations imposed in the plans and specifications, or the removal of
15obstructions shall be forever barred, unless the owner files a claim for damages with
16the commission or other body in charge within 6 months from the receipt of the notice
17from the commission, or other body in charge, or the posting and last publication.
18The claim shall be verified and shall state the amount of damages claimed. The
19commission or other body in charge may pay the damages, if it has available funds,
20and the payment shall operate as a conveyance. If no claims for payment are filed
21or if payment is made, the commission or other body in charge shall file an affidavit
22for each parcel involved setting forth the rights acquired which shall be recorded by
23the register of deeds without charge and when so recorded has the same effect as any
24recorded instrument. If any owner is a minor or incompetent, the notice may be sent
25by registered mail to the owner's guardian, if he or she has one, and if there is none

1the circuit court of the county in which the land, or a larger part, is located shall upon
2application of the commission or other body in charge appoint a guardian to receive
3the notice, and to protect the rights of the owner. Any funds payable to the owner
4shall be cared for in the manner provided in ch. 880. If the commission or other body
5in charge determines that the damages claimed are excessive, it shall so report to the
6governing body that established the airport, landing field or landing and take-off
7strip, or spaceport or spacecraft launch or landing area, in question and with its
8consent may acquire in the name of the governmental body the protection privilege
9desired in the manner set forth in sub. (1) or it may deposit with the county clerk an
10award and notify the owner of the land involved in the method specified in this
11subsection. The landowner may accept the award without prejudice to his or her
12right to claim and contest for a greater sum. The landowner may, within a period of
136 months after notice of the award, proceed as provided in ch. 32 to have the damages
14appraised.
AB770-ASA1,31,19 15(3) Exercise of power and authority. The power and authority to protect
16airports or spaceports conferred in subs. (1) and (2) may be exercised from time to
17time; amended plans and specifications may be recorded in the register of deeds'
18office, and new protection privileges acquired from time to time in the methods
19provided by this section.
AB770-ASA1,32,10 20(4) Encroachments. The duty to prevent encroachments by growth of trees or
21other vegetation, or otherwise, upon the protection privileges acquired by any
22airport, landing field, landing and take-off strip, or spaceport or spacecraft launch
23or landing area,
shall be upon the owner or owners of the parcel of land affected by
24the protection privilege only in cases where the owner or owners have received
25compensation for the protection privilege. Any such encroachment is declared to be

1a private nuisance and may be abated in the manner prescribed in ch. 823. In cases
2where no compensation has been paid for the protection privilege, encroachments
3shall be removed by the owner or the authority in charge of the airport, landing field,
4or landing and take-off strip, or spaceport or spacecraft launch or landing area, and
5shall be, in case of a publicly owned airport, landing field or landing and take-off
6strip, or spaceport or spacecraft launch or landing area, a city, village, town or county
7charge as the case may be. In removing such encroachments, the owner or authority
8in charge of the airport, landing field or landing and take-off strip , or spaceport or
9spacecraft launch or landing area,
in question, may go upon the land and remove the
10encroachment without being liable for damages in so doing.
AB770-ASA1,32,15 11(6) Permit for erection of high structures required. No person shall erect
12anywhere in this state, including within a spaceport or spacecraft launch or landing
13area,
any building, structure, tower or any other object the height of which exceeds
14the limitations set forth in sub. (7) without first filing an application and procuring
15a permit from the secretary of transportation.
AB770-ASA1,33,2 16(7) Power to control erection of high structures. For the purposes of sub.
17(6) the power and authority to control the erection of buildings, structures, towers
18and other objects by the secretary of transportation shall be limited to those objects
19that would either extend to a height of more than 500 feet above the ground or surface
20of the water within one mile of the location of the object, or above a height determined
21by the ratio of one foot vertical to 40 feet horizontal measured from the nearest
22boundary of the nearest public airport or spaceport within the state; however, this
23power and authority shall not extend to objects of less than 150 feet in height above
24the ground or water level at the location of the object or to objects located within areas
25zoned under s. 114.136 or to objects located within areas zoned under s. 62.23 (7)

1where the zoning ordinance enacted under said subsection controls the height of
2structures.
AB770-ASA1,33,8 3(8) Rules, regulations, standards and criteria. In carrying out sub. (6) the
4secretary of transportation may perform such acts, issue and amend such orders and
5make, promulgate and amend and enforce such reasonable rules, regulations and
6procedures and establish such minimum standards and criteria governing erection
7of buildings, structures, towers and hazards in the interest of the safe operation of
8aircraft and spacecraft as it deems necessary in the public interest and safety.
AB770-ASA1, s. 66 9Section 66. 114.136 (title) of the statutes is amended to read:
AB770-ASA1,33,10 10114.136 (title) Airport and spaceport approach protection.
AB770-ASA1, s. 67 11Section 67. 114.136 (1) (a), (b) and (c), (2) (a), (3), (4) and (5) of the statutes are
12amended to read:
AB770-ASA1,34,513 114.136 (1) (a) Any county, city, village or town that is the owner of a site for
14an airport or spaceport which has been approved for such purpose by the appropriate
15agencies of the state and the federal government may protect the aerial approaches
16to such site by ordinance regulating, restricting and determining the use, location,
17height, number of stories and size of buildings and structures and objects of natural
18growth in the vicinity of such site and may divide the territory to be protected into
19several areas and impose different regulations and restrictions with respect to each
20area. The provisions of such ordinance shall be effective whether the site and the
21lands affected by such ordinance are located within or without the limits of such
22county, city, village or town, and whether or not such buildings, structures and
23objects of natural growth are in existence on the effective date of the ordinance. Such
24regulations, restrictions and determinations are declared to be for the purpose of
25promoting the public safety, welfare and convenience, and may be adopted, enforced

1and administered without the consent of any other governing body. Any ordinance
2adopted under this section may be amended from time to time in the same manner
3as is provided for the adoption of the original ordinance in sub. (2). The authority
4granted in this section shall be independent and exclusive of any other authority
5granted in the statutes.
AB770-ASA1,34,216 (b) When an airport or spaceport site is owned jointly by 2 or more units of
7government, such ordinance may be adopted by joint action of the governing bodies
8of such units. In such case, such governing bodies shall meet jointly to select a joint
9commission consisting of one member from each governing body selected by that
10governing body and, if there be 2, the members so selected shall elect a third member.
11Such joint commission shall elect a chairperson and a secretary, and shall have
12authority to formulate a tentative ordinance and hold public hearings as provided
13in sub. (2). At least 15 days written notice of the meeting to select a joint commission
14shall be given to each governing body by filing a copy of such written notice with the
15clerk thereof. Such notice may be given on the initiative of one such governing body
16or jointly by more than one. The governing bodies that attend such meeting may
17proceed jointly. If one attends, or if only one favors an ordinance, it may proceed alone
18without appointing a commission, but no ordinance applicable to a jointly owned
19airport or spaceport shall be adopted by a governing body acting alone unless it has
20given notice of meeting to select a joint commission as provided by this subsection,
21and such ordinance shall be as effective as if adopted by the joint bodies.
AB770-ASA1,35,522 (c) As an alternative to the procedure for the appointment of members of the
23joint commission provided in par. (b), the governing bodies of the units of government
24which jointly own an airport or spaceport site may by separate resolution of each
25governing body designate an existing subunit of any one of the governing bodies to

1act as the joint commission. In such case, the designated subunit shall elect a
2chairperson and secretary, formulate a tentative ordinance and hold public hearings
3as provided in sub. (2). No tentative ordinance formulated under this paragraph is
4effective unless it is adopted by all of the governing bodies of the units of government
5which jointly own the airport or spaceport site.
AB770-ASA1,35,14 6(2) (a) Except as provided by sub. (1) (b) or (c), the county park commission in
7the case of any county except any county with a county executive or county
8administrator in which case the county park manager, the city or village plan
9commission in the case of a city or village, or if there is no such commission or
10manager, a committee of the governing body or bodies of the county, city, village or
11town which owns the airport or spaceport site shall formulate a tentative ordinance
12and hold a public hearing or hearings thereon in some public place within the county,
13city, village or town. Notice of the hearings shall be given by publication of a class
143 notice, under ch. 985, in the area affected by the proposed ordinance.
AB770-ASA1,35,22 15(3) Nonconforming uses. The lawful use of land, buildings and structures
16existing at the time of the adoption or amendment of any ordinance under the
17authority of this section may be continued, although such use does not conform with
18the provisions of the ordinance. The expansion or enlargement of a nonconforming
19use shall be in conformity with the ordinance. The governing body of the owner of
20the airport or spaceport site may remove such nonconforming use or acquire the
21necessary air right over the same by purchase or exercise of the right of eminent
22domain in the manner provided by ch. 32.
AB770-ASA1,36,3 23(4) Board of appeals. (a) Any ordinance enacted under this section shall
24provide for a board of appeals. If the county, city, village or town which is the owner
25of the airport or spaceport has enacted a zoning ordinance under provision of law

1other than this section, the board of adjustment or board of appeals set up by that
2ordinance shall also function as the board of appeals under the ordinance enacted
3under this section.
AB770-ASA1,36,94 (b) If there be is no such board of appeals or board of adjustment, any
5regulations adopted under this section shall provide for a board of appeals. Where
6the airport or spaceport is owned jointly, the ordinance shall provide for a joint board
7of appeals. Such board shall be constituted and have all the powers, duties and
8functions as provided in s. 62.23 (7) (e), but not more than 2 members of such board
9shall be owners or occupants of the area affected by the ordinance.
AB770-ASA1,36,15 10(5) Enforcement. The governing body of the county, city, village or town
11owning the airport or spaceport site may provide for the enforcement of any
12ordinance or regulations enacted pursuant to this section. Such enforcement may
13be by a system of permits or any other appropriate method. The governing body
14enacting the ordinance may provide for the punishment of a violation of the
15ordinance by fine or imprisonment, or both.
AB770-ASA1, s. 68 16Section 68. 114.136 (2) (b) of the statutes is renumbered 114.136 (2) (b) 1. and
17amended to read:
AB770-ASA1,37,218 114.136 (2) (b) 1. The regulations, restrictions and determinations shall
19include, among other things, provisions for the limitation of the height of buildings,
20structures and objects of natural growth located not more than 3 miles from the
21boundaries of the airport site or located not more than 5 miles from the boundaries
22of the spaceport site
. Such regulations, restrictions and determinations shall specify
23the maximum permissible height of buildings, structures and objects of natural
24growth and may specify such maximum permissible height as a ratio between the
25permissible maximum height of the building, structure or object of natural growth

1above the level of the airport or spaceport site and its distance from the nearest point
2on the boundary of the airport or spaceport site.
AB770-ASA1,37,11 32. For the purposes of this section, buildings, structures and objects of natural
4growth shall not be restricted to a height above the level of the airport site which is
5less than one-thirtieth of its distance from the boundary of the airport site in the case
6of class I and II airports as classified by the civil aeronautics administration of the
7United States department of commerce and one-fiftieth of its distance from the
8boundary of the airport in the case of class III and larger airports as classified by said
9administration. Provided, however, that a building, structure, or object of natural
10growth within 3 miles of the airport site may be restricted to a height of 150 feet above
11the airport level, which is defined as the lowest point planned on any runway.
AB770-ASA1, s. 69 12Section 69. 114.151 of the statutes is amended to read:
AB770-ASA1,37,23 13114.151 Union airports and spaceports. All powers conferred upon any
14county, city, village or town by ss. 114.11 to 114.15, relating to the acquisition,
15establishment, construction, ownership, control, lease, equipment, improvement,
16maintenance, operation and regulation of airports or landing fields , or spaceports or
17spacecraft launch or landing areas,
may be exercised by any 2 or more municipalities
18in the establishment, acquisition, equipment and operation of joint airports or
19landing fields, or spaceports or spacecraft launch or landing areas. The governing
20body of any county, city, village or town participating in the ownership or operation
21of a joint airport or spaceport as provided in this section may by resolution withdraw
22from such joint operation or control and may relinquish its interest in the airport or
23spaceport
.
AB770-ASA1, s. 70 24Section 70. 114.31 (1) and (4) of the statutes are amended to read:
AB770-ASA1,38,18
1114.31 (1) General. The secretary shall have general supervision of
2aeronautics in the state and promote and foster a sound development of aviation in
3this state, promote aviation education and training programs, assist in the
4development of aviation and aviation facilities, safeguard the interests of those
5engaged in all phases of aviation, formulate and recommend and promote reasonable
6regulations in the interests of safety, and coordinate state aviation activities with
7those of other states and, the federal government, and the Wisconsin Aerospace
8Authority
. The secretary shall have all powers that are necessary to carry out the
9policies of the department of transportation, including the right to require that
10statements made to the secretary be under oath. The secretary is especially charged
11with the duty of informing himself or herself regarding all federal laws that affect
12aeronautics and astronautics in this state, all regulations pursuant to such laws, and
13all pending legislation providing for a national airport system, in order that the
14secretary may recommend to the governor and the legislature such measures as will
15best enable this state to derive the maximum benefits from such legislation if and
16when it shall become effective. It shall be the duty of all other state boards,
17commissions, departments and institutions, especially the appropriate educational
18institutions and the Wisconsin Aerospace Authority, to cooperate with the secretary.
AB770-ASA1,39,5 19(4) Cooperation with federal aeronautical or astronautical agency. The
20secretary shall cooperate with and assist the federal government, the political
21subdivisions of this state, and others engaged in aeronautics or astronautics or the
22promotion of aeronautics or astronautics, and shall seek to coordinate the
23aeronautical or astronautical activities of these bodies. To this end, the secretary is
24empowered to confer with or to hold joint hearings with any federal aeronautical or
25astronautical
agency in connection with any matter arising under this chapter,

1relating to the sound development of aeronautics or astronautics, and to take
2advantage of the cooperation, services, records and facilities of such federal agencies,
3as fully as may be practicable, in the administration of said sections. The secretary
4shall furnish to the federal agencies cooperation, and the services, records and
5facilities of the department, insofar as may be practicable.
AB770-ASA1, s. 71 6Section 71. 114.33 (12) of the statutes is amended to read:
AB770-ASA1,39,127 114.33 (12) Lands held by any department, board, commission or, other agency
8of the state, or the Wisconsin Aerospace Authority may, with the approval of the
9governor, be conveyed to the secretary in the manner prescribed by statute and, if
10none is prescribed, then by a conveyance authorized by appropriate resolution of the
11controlling department, board or commission of the agency concerned or by the
12Wisconsin Aerospace Authority
.
AB770-ASA1, s. 72 13Section 72. 114.37 (title) of the statutes is amended to read:
AB770-ASA1,39,15 14114.37 (title) Advance land acquisition loan program for airport
15projects
.
AB770-ASA1, s. 73 16Section 73. 114.375 of the statutes is created to read:
AB770-ASA1,39,20 17114.375 Advance land acquisition loan program for spaceport projects.
18(1) Purpose. The purpose of this section is to promote the state's interest in
19aerospace programs by providing loans for advance land acquisition for spaceport
20projects.
AB770-ASA1,39,25 21(2) Administration. The department shall administer an advance land
22acquisition loan program to assist a county, city, village, town, or an owner of a
23spaceport in acquiring land necessary for spaceport projects. The department shall
24have all powers necessary and convenient to implement this section, including the
25following powers:
AB770-ASA1,40,5
1(a) To specify conditions of eligibility for loans under this section. Such
2conditions shall include the requirement that the land to be acquired must be part
3of a planned spaceport improvement project or a land acquisition project that is
4essential to future spaceport development or to the safety of spacecraft using the
5spaceport.
AB770-ASA1,40,76 (b) To receive applications for loans under this section and to prescribe the form,
7nature, and extent of the information which shall be contained in applications.
AB770-ASA1,40,108 (c) To establish standards for the approval of loans under this section. No loan
9may be made for an amount greater than 80 percent of the department's assessment
10of the value of the property.
AB770-ASA1,40,2211 (d) To enter into loan agreements with applicants to ensure the proper use and
12prompt repayment of loans under this section. The loan agreement shall include the
13requirements that the loan be repaid within a period not to exceed 10 years and that
14the proceeds of any state or federal land acquisition funding received be fully pledged
15to repayment of the loan. The department may not make a loan for more than 80
16percent of the estimated land acquisition costs, including the costs of any necessary
17project plans and environmental studies. The loan agreement shall require that the
18department be designated to act as the loan recipient's agent in the acquisition of the
19land. Title to the land acquired shall be held by the loan recipient, but the
20department may retain a security interest in the land until the loan is repaid. The
21loan agreement shall require the payment of interest and reasonable costs incurred
22by the department.
AB770-ASA1,40,2323 (e) To acquire lands as the designated agent of a loan recipient.
AB770-ASA1,40,2424 (f) To audit and inspect the records of loan recipients.
AB770-ASA1,41,3
1(3) Funds. The department may make loans under this section from the
2appropriation under s. 20.395 (2) (mv). The total outstanding balance of loans under
3this subsection may not exceed $10,000,000.
AB770-ASA1,41,5 4(4) Rules. The department may adopt rules as necessary to implement this
5section.
AB770-ASA1, s. 74 6Section 74. Subchapter II of chapter 114 [precedes 114.60] of the statutes is
7created to read:
AB770-ASA1,41,88 Chapter 114
AB770-ASA1,41,109 Subchapter II
10 WISCONSIN AEROSPACE AUTHORITY
AB770-ASA1,41,11 11114.60 Definitions. In this subchapter:
AB770-ASA1,41,17 12(1) "Aerospace facilities" means facilities and infrastructure in this state used
13primarily to provide aerospace services, including: laboratories and research
14facilities; office, storage, and manufacturing facilities; instructional and other
15educational facilities; space museums; and other buildings, equipment, and
16instruments related to the operations of the aerospace industry or to providing
17aerospace services.
AB770-ASA1,42,4 18(2) "Aerospace services" means services that promote, advance, and facilitate
19space exploration and space-related commercial, technological, and educational
20development in this state, including: space-related research, experimentation, and
21development of technology and other intellectual property; space-related business
22incubator services or services for start-up aerospace companies; programs, projects,
23operations, and activities to develop, enhance, or provide commercial and
24noncommercial space-related opportunities for business, industry, education, and
25government; services or activities that promote the commercialization of the space

1and aerospace industry and space-related economic growth; services or activities
2that promote and facilitate space-related educational opportunities and tourism,
3including educational initiatives and operation or sponsorship of space museums
4and tourist attractions; consulting services; and administrative services.
AB770-ASA1,42,5 5(3) "Authority" means the Wisconsin Aerospace Authority.
AB770-ASA1,42,6 6(4) "Board" means the board of directors of the authority.
AB770-ASA1,42,8 7(5) "Bond" means a bond, note, or other obligation of the authority issued under
8this chapter, including a refunding bond.
AB770-ASA1,42,12 9(6) "Bond resolution" means a resolution of the board authorizing the issuance
10of, or providing terms and conditions related to, bonds and includes, when
11appropriate, any trust agreement, trust indenture, indenture of mortgage, or deed
12of trust providing terms and conditions for the bonds.
AB770-ASA1,42,13 13(7) "Payload" means any property, cargo, or persons transported by spacecraft.
AB770-ASA1,42,16 14(8) "Recovery" means the recovery of any spacecraft or payload, or any part of
15any spacecraft or payload, including any appurtenance, instrument, or equipment,
16that has detached from a spacecraft in flight or upon launch or landing.
AB770-ASA1,43,6 17(9) "Spaceport facilities" means facilities and infrastructure that are located
18within a spaceport and related to the operation or purpose of the spaceport,
19including: spaceport launch or landing areas; launch or landing control centers or
20other facilities; structures, mechanisms, or devices for communicating with or
21navigating or tracking spacecraft; buildings, structures, equipment, or other
22facilities associated with spacecraft construction, development, assembly,
23processing, testing, or evaluation; buildings, structures, equipment, or other
24facilities associated with payload loading, assembly, processing, testing, or
25evaluation; space flight hardware, software, or instrumentation; facilities

1appropriate to meet the transportation, electric, gas, water and sewer, flood control,
2waste disposal, and other infrastructure needs within the spaceport; facilities to
3meet public safety needs within the spaceport, including any facility related to
4spaceport security and emergency services such as fire and ambulance;
5administrative facilities; and other buildings, equipment, and instruments related
6to spaceport operations or the providing of spaceport services.
AB770-ASA1,43,12 7(10) "Spaceport services" means any services provided in connection with the
8operation, management, or control of a spaceport or spaceport facilities, including:
9the launching or landing of spacecraft; communicating with or navigating or
10tracking spacecraft; construction, development, assembly, processing, testing, or
11evaluation of spacecraft or payload; loading spacecraft payload; spaceport security
12and emergency services; and administrative services.
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