SB352-SSA1,18,10
1532.05 Condemnation for sewers and transportation facilities. (intro.)
16In this section, "mass transit facility" includes, without limitation because of
17enumeration, exclusive or preferential bus lanes if those lanes are limited to
18abandoned railroad rights-of-way or existing expressways constructed before
19May 17, 1978, highway control devices, bus passenger loading areas and terminal
20facilities, including shelters, and fringe and corridor parking facilities to serve bus
21and other public mass transportation passengers, together with the acquisition,
22construction, reconstruction and maintenance of lands and facilities for the
23development, improvement and use of public mass transportation systems for the
24transportation of passengers. This section does not apply to proceedings in 1st class
25cities under subch. II. In any city, condemnation for housing under ss. 66.1201 to
166.1211, for urban renewal under s. 66.1333, or for cultural arts facilities under
2subch. V of ch. 229, may proceed under this section or under s. 32.06 at the option
3of the condemning authority. Condemnation by a local exposition district under
4subch. II of ch. 229 for any exposition center or exposition center facility may proceed
5under this section or under s. 32.06 at the option of the local exposition district. All
6other condemnation of property for public alleys, streets, highways, airports,
7spaceports, mass transit facilities, or other transportation facilities, gas or leachate
8extraction systems to remedy environmental pollution from a solid waste disposal
9facility, storm sewers and sanitary sewers, watercourses or water transmission and
10distribution facilities shall proceed as follows:
SB352-SSA1,18,1212
40.02
(54) (j) The Wisconsin Aerospace Authority.
SB352-SSA1, s. 38
13Section
38. 66.0603 (1m) (a) 3u. of the statutes is created to read:
SB352-SSA1,18,1414
66.0603
(1m) (a) 3u. Bonds issued by the Wisconsin Aerospace Authority.
SB352-SSA1,18,1916
70.11
(38m) Wisconsin Aerospace Authority. Notwithstanding the provisions
17of s. 70.11 (intro.) that relate to leased property or that impose other limitations, all
18property owned or leased by the Wisconsin Aerospace Authority, provided that use
19of the property is primarily related to the purposes of the authority.
SB352-SSA1,18,2121
71.05
(1) (c) 7. The Wisconsin Aerospace Authority.
SB352-SSA1,18,2523
71.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
24Hospitals and Clinics Authority
and, of the Fox River Navigational System
25Authority
, and of the Wisconsin Aerospace Authority.
SB352-SSA1,19,22
71.26
(1m) (h) Those issued under s. 114.70 or 114.74.
SB352-SSA1,19,44
71.45
(1t) (h) Those issued under s. 114.70 or 114.74.
SB352-SSA1,19,86
77.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
7Hospitals and Clinics Authority,
the Wisconsin Aerospace Authority, and the Fox
8River Navigational System Authority.
SB352-SSA1,19,1610
84.072
(3) Implied consent. Any municipality, county, or other person
,
11including the Wisconsin Aerospace Authority created under subch. II of ch. 114, that
12accepts federal moneys from the appropriations under s. 20.395 (1) (bx), (2) (ax), (dx),
13or (fx),
or (mx), or (3) (bx), (cx), or (ex), or accepts other federal moneys for highway,
14transit,
or, airport
, or spaceport purposes, after September 1, 2001, is considered to
15have given consent to the unified certification disadvantage business program
16administered under this section.
SB352-SSA1,19,2418
85.02
(1) The department may direct, undertake and expend state and federal
19aid for planning, promotion and protection activities in the areas of highways, motor
20vehicles, traffic law enforcement, aeronautics
and astronautics, railroads,
21waterways, specialized transportation services, mass transit systems and for any
22other transportation mode. All state, regional and municipal agencies and
23commissions created under authority of law shall to the extent practicable, when
24dealing with transportation, follow the recommendations made by the secretary.
SB352-SSA1,20,9
1100.45
(1) (dm) "State agency" means any office, department, agency,
2institution of higher education, association, society or other body in state
3government created or authorized to be created by the constitution or any law which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, the Wisconsin Housing and Economic Development Authority, the Bradley
6Center Sports and Entertainment Corporation, the University of Wisconsin
7Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
8Authority,
the Wisconsin Aerospace Authority, and the Fox River Navigational
9System Authority.
SB352-SSA1,20,1811
101.177
(1) (d) "State agency" means any office, department, agency,
12institution of higher education, association, society or other body in state
13government created or authorized to be created by the constitution or any law which
14is entitled to expend moneys appropriated by law, including the legislature and the
15courts, the Wisconsin Housing and Economic Development Authority, the Bradley
16Center Sports and Entertainment Corporation, the University of Wisconsin
17Hospitals and Clinics Authority
, the Wisconsin Aerospace Authority, and the
18Wisconsin Health and Educational Facilities Authority.
SB352-SSA1, s. 49
19Section
49. Chapter 114 (title) of the statutes is amended to read:
SB352-SSA1,20,2121
AERONAUTICS
and astronautics
SB352-SSA1, s. 50
22Section
50. Subchapter I (title) of chapter 114 [precedes 114.001] of the
23statutes is created to read:
SB352-SSA1,21,2
1Subchapter I
2
air TransportatioN
SB352-SSA1,21,104
114.002
(1) "Aeronautics" means the science and art of
aircraft flight and
5including but not limited to transportation by aircraft; the operation, construction,
6repair or maintenance of aircraft, aircraft power plants and accessories, including
7the repair, packing and maintenance of parachutes; the design, establishment,
8construction, extension, operation, improvement, repair or maintenance of airports
9or other air navigation facilities; and instruction in flying or ground subjects
10pertaining thereto.
SB352-SSA1,21,1312
114.002
(3) "Aircraft" means any contrivance invented, used
, or designed for
13navigation of or flight in the air
, but does not include spacecraft.
SB352-SSA1,21,1615
114.002
(11m) "Astronautics" means the science and art of spacecraft flight
16and all activities related thereto.
SB352-SSA1, s. 54
17Section
54. 114.002 (18r), (18s) and (18t) of the statutes are created to read:
SB352-SSA1,21,2018
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.
SB352-SSA1,21,24
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.
SB352-SSA1,22,4
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.
SB352-SSA1,22,14
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.
SB352-SSA1,23,2
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.
SB352-SSA1,23,9
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.
SB352-SSA1,23,20
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.
SB352-SSA1,23,22
22114.11 (title)
Local airports and spaceports; interstate reciprocity.
SB352-SSA1, s. 60
23Section
60. 114.11 (1), (2), (3), (4) and (5) (intro.) of the statutes are amended
24to read:
SB352-SSA1,24,18
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.
SB352-SSA1,24,25
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.
SB352-SSA1,25,19
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.
SB352-SSA1,25,23
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.
SB352-SSA1,26,3
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.
SB352-SSA1,26,25
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.
SB352-SSA1,27,14
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.
SB352-SSA1,27,16
16114.134 (title)
Airport and spaceport standards and approval.
SB352-SSA1, s. 64
17Section
64. 114.134 (1), (2), (3) and (4) (c) of the statutes are amended to read:
SB352-SSA1,27,2218
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.
SB352-SSA1,28,2
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.
SB352-SSA1,28,9
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.
SB352-SSA1,28,13
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.
SB352-SSA1, s. 65
14Section
65. 114.135 (intro.), (1), (2), (3), (4), (6), (7) and (8) of the statutes are
15amended to read:
SB352-SSA1,28,23
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.
SB352-SSA1,29,22
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.
SB352-SSA1,31,14
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.
SB352-SSA1,31,19
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.
SB352-SSA1,32,10
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.
SB352-SSA1,32,15
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.
SB352-SSA1,33,2
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.
SB352-SSA1,33,8
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.
SB352-SSA1,33,10
10114.136 (title)
Airport and spaceport approach protection.
SB352-SSA1, s. 67
11Section
67. 114.136 (1) (a), (b) and (c), (2) (a), (3), (4) and (5) of the statutes are
12amended to read:
SB352-SSA1,34,513
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.
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(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.
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(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.
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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.
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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.
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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.
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(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.
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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.