AB893: Bill Text

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)