AB893: Bill Text

AB893,8,18 (b) A county ordinance enacted under s. 59.971 does not apply and has no effect in a town in which an ordinance enacted under this section is in effect.

AB893,8,22 (c) If an existing town ordinance relating to shorelands is more restrictive than an ordinance later enacted under this section affecting the same shorelands, it continues as a town ordinance in all respects to the extent of the greater restrictions, but not otherwise.

AB893,9,2 (3) Applicability of comprehensive zoning plan or general zoning ordinance. An ordinance enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting town, so far as practicable.

AB893,9,5 (4) Applicability of local subdivision regulation. All powers granted to a town under s. 236.45 may be exercised by it with respect to shorelands, if the town has or provides a planning commission or agency.

AB893,9,8 (5) Intergovernmental cooperation. (a) Section 66.30 applies to this section, but for the purposes of this section any agreement under s. 66.30 shall be effected by ordinance.

AB893,9,12 (b) If a town is served by a regional planning commission under s. 66.945 and if the commission consents, the town may empower the commission by ordinance to administer the ordinance enacted under this section throughout the town, whether or not the area otherwise served by the commission includes all of that town.

AB893,9,16 (6) Variances and appeals. Variances and appeals regarding a shoreland zoning ordinance enacted under this section are to be determined by the board of appeals or similar agency for the town. To the extent specified under s. 61.35, procedures under s. 62.23 (7) (e) apply to these determinations.

AB893,9,20 (7) Department review. If the department, after notice and hearing, determines that a town has enacted an ordinance that fails to meet the shoreland zoning standards, the department shall issue an order declaring the town ordinance void and reinstating the applicability of the county shoreland zoning ordinance.

AB893,9,24 (8) Annexation. (a) Provisions of a town shoreland zoning ordinance enacted under this section that are applicable, prior to annexation, to any shorelands annexed by a city or village shall continue in effect and shall be enforced after annexation by the annexing city or village unless any of the following occurs:

AB893,10,3 1. The city or village enacts, administers and enforces a zoning ordinance, for the annexed area, that complies with the shoreland zoning standards and that is at least as restrictive as the town shoreland zoning ordinance.

AB893,10,8 2. After annexation, the city or village requests the town to amend the town shoreland zoning ordinance as it applies to the annexed area to delete or modify provisions that meet the specifications under par. (ag), the town enacts the amendment and the city or village administers and enforces the amended ordinance as it applies to the annexed area.

AB893,10,11 3. After annexation, the city or village requests that the town shoreland zoning ordinance, as it applies to the annexed area, continue to be in effect and enforced by the town and the town agrees to enforce the ordinance.

AB893,10,16 (ad) Provisions of a town shoreland zoning ordinance enacted under this section that were applicable, prior to incorporation, to any shorelands that are part of a town that incorporates as a city or village under s. 66.012, 66.014, 66.018 or 66.019 shall continue in effect and shall be enforced after incorporation by the incorporated city or village unless any of the following occurs:

AB893,10,19 1. The city or village enacts, administers and enforces a zoning ordinance that complies with the shoreland zoning standards and that is at least as restrictive as the town shoreland zoning ordinance.

AB893,10,23 2. After incorporation, the city or village requests the town to amend the town shoreland zoning ordinance as it applies to the incorporated area to delete or modify provisions that meet the specifications under par. (ag), the town enacts the amendment and the city or village administers and enforces the amended ordinance.

AB893,11,3 3. After incorporation, the city or village requests that the town shoreland zoning ordinance, as it applies to the incorporated area, continue to be in effect and enforced by the town and the town agrees to enforce the ordinance.

AB893,11,7 (ag) For purposes of pars. (a) 2. and (ad) 2., the types of provisions that may be deleted or modified are those that establish specified land uses or requirements associated with those uses and that are not necessary to effect the purposes of s. 144.26 (1) that relate to the protection of navigable waters.

AB893,11,9 (ar) The town may not enact an amendment under par. (a) 2. or (ad) 2. that is less restrictive than the shoreland zoning standards.

AB893,11,11 (aw) Any amendment enacted under par. (a) 2. shall apply only to the annexed area of the city or village requesting the amendment.

AB893,11,21 (b) If the department determines that a zoning ordinance enacted by a city or village under par. (a) 1. or (ad) 1. does not meet the shoreland zoning standards or is not as restrictive as the town shoreland zoning ordinance, the department shall, after providing notice and conducting a hearing on the matter, either issue an order declaring the city or village ordinance void and reinstating the applicability of the town shoreland zoning ordinance to the annexed or incorporated area or issue an order declaring the city or village ordinance void and adopting an ordinance for the annexed or incorporated area for the city or village that does meet the shoreland zoning standards and that is at least as restrictive as the town shoreland zoning ordinance.

AB893,12,2 (c) If the department determines that an amendment enacted by a town under par. (a) 2. or (ad) 2. does not meet the shoreland zoning standards, the department, after providing notice and conducting a hearing on the matter, shall issue an order declaring the amendment void and shall reinstate the applicability of the town shoreland zoning ordinance, that was in effect prior to amending the ordinance, to the annexed or incorporated area.

AB893,12,4 (d) As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

AB893,12,7 (e) Paragraphs (a) and (ad) and ss. 66.012 (7) (b), 66.014 (10) and 66.019 (2) (b) do not apply to wetlands in shorelands that are governed by the provisions in s. 61.351 or 62.231.

AB893, s. 22 Section 22. 62.23 (7a) (intro.) of the statutes is amended to read:

AB893,12,14 62.23 (7a) Extraterritorial zoning. (intro.) The Subject to s. 59.97 (5m) (b), the governing body of any city which has created a city plan commission under sub. (1) and has adopted a zoning ordinance under sub. (7) may exercise extraterritorial zoning power as set forth in this subsection. Insofar as applicable sub. (7) (a), (b), (c), (ea), (h) and (i) shall apply to extraterritorial zoning ordinances enacted under this subsection. This subsection shall also apply to the governing body of any village.

AB893, s. 23 Section 23. 66.012 (7) (b) of the statutes is amended to read:

AB893,12,18 66.012 (7) (b) A county or town shoreland zoning ordinance enacted under s. 59.971 or 60.625 that is in force in any part of the territory shall continue in force until altered under s. 59.971 (7) (ad) or 60.625 (8) (ad).

AB893, s. 24 Section 24. 66.014 (10) of the statutes is amended to read:

AB893,12,22 66.014 (10) Existing ordinances. A county or town shoreland zoning ordinance enacted under s. 59.971 or 60.625 that is in force in any part of the territory shall continue in force until altered under s. 59.971 (7) (ad) or 60.625 (8) (ad).

AB893, s. 25 Section 25. 66.019 (2) (b) of the statutes is amended to read:

AB893,13,3 66.019 (2) (b) A county or town shoreland zoning ordinance enacted under s. 59.971 or 60.625 that is in force in any part of the territory shall continue in force until altered under s. 59.971 (7) (ad) or 60.625 (8) (ad).

AB893, s. 26 Section 26. 66.021 (7) (a) of the statutes is amended to read:

AB893,13,19 66.021 (7) (a) An ordinance for the annexation of the territory described in the annexation petition may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to sub. (11) the governing body shall first review the reasons given by the department of administration that the proposed annexation is against the public interest. Subject to s. ss. 59.971 (7) and 60.625 (8), such an ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing such temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make such temporary classification shall not be effective when the county ordinance prevails during litigation as provided in s. 59.97 (7).

AB893, s. 27 Section 27. 66.023 (3) (e) of the statutes is amended to read:

AB893,13,24 66.023 (3) (e) Content of plan; compatibility with existing law. The cooperative plan shall describe how the plan is consistent with current state and federal laws, county shoreland zoning ordinances under s. ss. 59.971 and 60.625, municipal regulations and administrative rules that apply to the territory affected by the plan.

AB893, s. 28 Section 28. 66.024 (5m) of the statutes is amended to read:

AB893,14,9 66.024 (5m) Temporary zoning of area proposed to be annexed. An interim zoning ordinance to become effective only upon approval of the annexation at the referendum election may be enacted by the governing body of the city or village. Subject to s. ss. 59.971 (7) and 60.625 (8), the ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). The proposed interim zoning ordinance shall be referred to and recommended by the plan commission prior to introduction. Authority to make such temporary classification shall not be effective when the county zoning ordinance prevails during litigation as provided in s. 59.97 (7).

AB893, s. 29 Section 29. 66.025 of the statutes is amended to read:

AB893,14,24 66.025 Annexation of owned territory. In addition to other methods provided by law and subject to ss. 59.971 (7), 60.625 (8) and 66.023 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and shall operate to attach the territory to the village or city upon the filing of 6 certified copies thereof in the office of the secretary of state, together with 6 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction.

AB893, s. 30 Section 30. 66.032 (1) (g) of the statutes is amended to read:

AB893,15,4 66.032 (1) (g) "Municipality" means any county with a zoning ordinance under s. 59.97, any town with a zoning ordinance under s. 60.61 or 60.62, any city with a zoning ordinance under s. 62.23 (7), any 1st class city or any village with a zoning ordinance under s. 61.35.

AB893, s. 31 Section 31. 66.052 (1) of the statutes is amended to read:

AB893,16,2 66.052 (1) Any Subject to s. 59.97 (5m) (b), any common council or village board may direct the location, management and construction of, and license, regulate or prohibit any industry, thing or place where any nauseous, offensive or unwholesome business is carried on, that is within the city or village or within 4 miles of the boundaries of the city or village, except that the Milwaukee, Menominee and Kinnickinnic rivers with their branches to the outer limits of the county of Milwaukee, and all canals connecting with said rivers, together with the lands adjacent to said rivers and canals or within 100 yards of them, are deemed to be within the jurisdiction of the city of Milwaukee. Any town board shall have the same powers as are provided in this section for cities and villages, as to the area within the town that is not licensed, regulated or prohibited by any city or village under this section. Any business that is conducted in violation of any city, village or town ordinance that is authorized to be enacted under this section is a public nuisance. An action for the abatement or removal of the business or to obtain an injunction to prevent operation of the business may be brought and maintained by the common council or village or town board in the name of this state on the relation of such city, village or town as provided in ss. 823.01, 823.02 and 823.07, or as provided in s. 254.58. Section 97.42 may not limit the powers granted by this section. Section 95.72 may not limit the powers granted by this section to cities or villages but powers granted to towns by this section are limited by s. 95.72 and by any orders and rules promulgated under s. 95.72.

AB893, s. 32 Section 32. 66.32 of the statutes is amended to read:

AB893,16,12 66.32 Extraterritorial powers. The extraterritorial powers granted to cities and villages by statute, including ss. 30.745, 62.23 (2) and (7a), 66.052, 236.10 and 254.57, may not be exercised within the corporate limits of another city or village or within the corporate limits of a town that has in effect a zoning ordinance enacted under s. 60.61 or 60.62, or an ordinance rescinding its approval of a county zoning ordinance under s. 59.97 (5m) (a). Wherever these statutory extraterritorial powers overlap, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from the boundaries of each municipality concerned so that not more than one municipality shall exercise power over any area.

AB893, s. 33 Section 33. 70.32 (1g) of the statutes is amended to read:

AB893,16,18 70.32 (1g) In addition to the factors set out in sub. (1), the assessor shall consider the effect on the value of the property of any zoning ordinance under s. 59.971, 60.625, 61.351 or 62.231, any conservation easement under s. 700.40, any conservation restriction under an agreement with the federal government and any restrictions under ch. 91.

AB893, s. 34 Section 34. 70.32 (2) (c) 4. of the statutes is amended to read:

AB893,16,23 70.32 (2) (c) 4. "Swampland or wasteland" means bog, marsh, lowland brush, uncultivated land zoned as shoreland under s. 59.971 or 60.625 and shown as a wetland on a final map under s. 23.32 or other nonproductive lands not otherwise classified under this subsection.

AB893, s. 35 Section 35. 87.30 (1) (a) of the statutes is amended to read:

AB893,18,7 87.30 (1) (a) If any county, city or village does not adopt enact a reasonable and effective floodplain zoning ordinance within one year after hydraulic and engineering data adequate to formulate the ordinance becomes available, the department shall, upon petition of an interested state agency or a municipality or upon its own motion as soon as practicable and after public hearing, determine and fix by order the limits of any or all floodplains within a county, city or village within which serious damage may occur. Thereafter the department shall as soon as practicable after public hearing adopt a floodplain zoning ordinance applicable to a county, city or village, except that no floodplain zoning ordinance may be enacted or adopted unless the hydraulic and engineering studies necessary to determine the floodway or floodplain limits, or both, if both limits are deemed necessary by the department, have been made at state or federal expense. If the department utilizes hydraulic and engineering studies previously completed, the department shall be responsible for ensuring that the studies are reasonable and accurate. Thirty days' notice of all hearings on floodplain determination or zoning before the department shall be given to the county, city or village clerk, the clerks of all towns where lands may be affected and to the department of transportation. Exhibits and testimony shall be a part of the official record. Failure of a county, city or village to adopt enact a floodplain zoning ordinance for an area where appreciable damage from floods is likely to occur or to adopt enact an ordinance which will result in a practical minimum of flood damage in an area shall be prima facie proof of the necessity for action specified under this paragraph by the department. The department shall make a decision in writing of insufficiency of any county, city or village floodplain zoning ordinance before adopting an ordinance superseding a county, village or city ordinance. All orders of the department under this subsection which either fix the limits of floodplains or enact adopt local floodplain zoning ordinances shall, when they are in final draft form and before they are issued, be referred to the appropriate committees of the legislature, where the procedure under s. 227.19 shall apply. Section 227.15 does not apply to the orders of the department under this section. Orders of the department under this section shall, after becoming effective, be deemed rules for purposes of s. 227.26, and may be suspended by the joint committee for review of administrative rules.

AB893, s. 36 Section 36. 87.30 (1) (b) of the statutes is amended to read:

AB893,18,20 87.30 (1) (b) All final orders, determinations or decisions made under this subsection shall be subject to review under ch. 227 and be effective 20 days after the same have been served unless such order, determination and decision specifies a different date upon which the same shall be effective. Such floodplain determination and zoning ordinance shall be of the same effect as if adopted enacted by the county, city or village. Thereafter it is the duty of the county, city, village and town officials to administer and enforce the ordinance in the same manner as if the county, city or village had adopted enacted it. Floodplain determinations and zoning ordinances so adopted may be modified by the county, city or village concerned only with the written consent of the department except that nothing in this subsection may be construed to prohibit a county, city, village or town from adopting enacting a floodplain ordinance more restrictive than that adopted by the state.

AB893, s. 37 Section 37. 87.30 (1) (bm) of the statutes is created to read:

AB893,19,3 87.30 (1) (bm) A town that may enact zoning ordinances under s. 60.62 may enact a floodplain zoning ordinance to supersede the county floodplain ordinance enacted or adopted under this section that is applicable to that town. An ordinance enacted under this paragraph shall be at least as restrictive as the county floodplain zoning ordinance that it supersedes and at least as restrict as any ordinance relating to floodplains enacted by the town before the effective date of this paragraph .... [revisor inserts date].

AB893, s. 38 Section 38. 87.30 (1) (c) of the statutes is amended to read:

AB893,19,8 87.30 (1) (c) Except as provided under par. (a), the cost of such floodplain determination and ordinance promulgation and enforcement by the state shall be assessed against the county, city or, village or town concerned and collected in substantially the same manner as other taxes levied by the state.

AB893, s. 39 Section 39. 87.30 (1m) (intro.) of the statutes is amended to read:

AB893,19,13 87.30 (1m) Jurisdiction over drainage ditches limited. (intro.) Notwithstanding any other provision of law or administrative rule promulgated thereunder, a floodplain zoning ordinance required enacted or adopted under sub. (1) does not apply to lands adjacent to farm drainage ditches if:

AB893, s. 40 Section 40. 87.30 (2) of the statutes is amended to read:

AB893,19,23 87.30 (2) Enforcement and penalties. Every structure, building, fill, or development placed or maintained within any floodplain in violation of a zoning ordinance enacted or adopted under this section, or s. 59.97, 60.62, 61.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of any municipality, the state or any citizen thereof. Any person who places or maintains any structure, building, fill or development within any floodplain in violation of a zoning ordinance enacted or adopted under this section, or s. 59.97, 60.62, 61.35 or 62.23 may be fined not more than $50 for each offense. Each day during which such violation exists is a separate offense.

AB893, s. 41 Section 41. 87.31 (1) of the statutes is amended to read:

AB893,20,6 87.31 (1) Department to administer; purpose. The department shall administer a floodplain and shoreland mapping assistance program to provide counties, cities and, villages and towns acting under s. 87.30 (1) (bm) with financial assistance to produce adequate topographical mapping of floodplain and shoreland areas and to delineate floodplain and floodway boundaries, to assist in the establishment and administration of floodplain and shoreland ordinances.

AB893, s. 42 Section 42. 87.31 (4) (intro.) of the statutes is amended to read:

AB893,20,9 87.31 (4) Application. (intro.) A county, city or, village or town which seeks a mapping grant shall submit a grant application which includes:

AB893, s. 43 Section 43. 91.73 (3) of the statutes is amended to read:

AB893,20,20 91.73 (3) A majority of towns that have not enacted an ordinance under s. 59.97 (5m), in a county with a population density of 100 or more persons per square mile, may reject adoption of a county exclusive agricultural use zoning ordinance under this subchapter for all towns within the county only by filing within 6 months after adoption of the ordinance by the county board certified copies of resolutions disapproving the ordinance with the county clerk. Notwithstanding s. 59.97 (5) (c), the procedure established in this subsection and the procedure in s. 59.97 (5m) shall be the only procedure procedures by which a town in such a county with the population density described in this subsection may reject the application of a county exclusive agricultural use zoning ordinance in that town.

AB893, s. 44 Section 44. 144.26 (2) (c) and (e) and (2m) (intro.) of the statutes are amended to read:

AB893,20,24 144.26 (2) (c) "Municipality" or "municipal" means a county, village or city, village, town or county.

AB893,21,5 (e) "Regulation" means ordinances enacted under ss. 59.971, 60.625, 61.351, 62.23 (7) and 62.231 and refers to subdivision and zoning regulations which include control of uses of lands under, abutting or lying close to navigable waters for the purposes specified in sub. (1), pursuant to any of the zoning and subdivision control powers delegated by law to cities, villages, towns and counties.

AB893,21,11 (2m) (intro.) Notwithstanding any other provision of law or administrative rule, a shoreland zoning ordinance required under s. 59.971 or 60.625, a construction site erosion control and storm water management zoning ordinance authorized under s. 59.974, 60.627, 61.354 or 62.234 or a wetland zoning ordinance required under s. 61.351 or 62.231 does not apply to lands adjacent to farm drainage ditches if:

AB893, s. 45 Section 45. 144.26 (8) of the statutes is amended to read:

AB893,21,14 144.26 (8) This section and ss. 59.971, 60.625, 61.351 and 62.231 shall be construed together to accomplish the purposes and objective of this section.

AB893, s. 46 Section 46. 144.44 (7) (f) 3. of the statutes is amended to read:

AB893,21,23 144.44 (7) (f) 3. The department shall approve the requester's exemption proposal if the department finds that the proposal, as approved, will comply with this chapter and chs. 30, 31, 147, 160 and 162 and ss. 1.11, 23.40, 59.971, 59.974, 60.625, 60.627, 61.351, 61.354, 62.231, 62.234 and 87.30. If the proposal does not comply with one or more of the requirements specified in this subdivision, the department shall provide a written statement describing how the proposal fails to comply with those requirements. The department shall respond to an application for an exemption under this paragraph within 90 days.

AB893, s. 47 Section 47. 144.46 of the statutes is amended to read:

AB893,22,4 144.46 Shoreland and floodplain zoning. Solid waste facilities are prohibited within areas under the jurisdiction of shoreland and floodplain zoning regulations adopted pursuant to ss. 59.971, 60.625, 61.351, 62.231 and 87.30, except that the department may issue permits authorizing facilities in such areas.

AB893, s. 48 Section 48. 236.10 (1) (intro.) of the statutes is amended to read:

AB893,22,8 236.10 (1) (intro.) To Subject to s. 59.97 (5m) (b), to entitle a final plat of a subdivision to be recorded, it shall have the approval of the following in accordance with the provisions of s. 236.12:

AB893, s. 49 Section 49. 236.10 (6) of the statutes is created to read:

AB893,22,12 236.10 (6) A plat that is located in a town that has in effect an ordinance rescinding its approval of a county zoning ordinance under s. 59.97 (5m) (a) is not subject to extraterritorial plat approval jurisdiction.

AB893,22,13 (End)