AB893: Bill Text

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)