LRB-0605/1
MES&PJK:jld:rs
2007 - 2008 LEGISLATURE
February 22, 2007 - Introduced by Representatives Molepske, Albers, Townsend,
A. Ott, Mursau and
Hahn, cosponsored by Senators Lassa, S. Fitzgerald,
Olsen and Schultz. Referred to Committee on Agriculture.
AB120,1,5
1An Act to amend 66.1001 (2) (g); and
to create 709.03 (form) C. 28. and 709.03
2(form) C. 29. of the statutes;
relating to: requiring local governmental units
3to consider relationships with a drainage district in the preparation of
4comprehensive plans and requiring sellers of real property to disclose proximity
5of property to military bases and location within drainage districts.
Analysis by the Legislative Reference Bureau
Under the current law commonly known as the "Smart Growth" statute, if a
city, village, town, county, or regional planning commission (local governmental unit)
creates a development plan or master plan (comprehensive plan) or amends an
existing comprehensive plan, the plan must contain certain planning elements. The
required planning elements include the following: housing; transportation; utilities
and community facilities; agricultural, natural, and cultural resources; economic
development; land use; and intergovernmental cooperation.
Beginning on January 1, 2010, under current law certain actions of a local
governmental unit that affect land use must be consistent with that local
governmental unit's comprehensive plan. The actions to which this requirement
applies are official mapping, local subdivision regulation, and zoning ordinances,
including zoning of shorelands or wetlands in shorelands. Also beginning on
January 1, 2010, under current law if a local governmental unit engages in any of
these specified actions, the comprehensive plan must contain at least all of the
required planning elements.
Current law prohibits any comprehensive plan or amendment to a
comprehensive plan from taking effect unless a number of conditions are met, such
as the local governmental unit enacting an ordinance or adopting a resolution that
contains all of the required elements, and the local governmental unit holding at
least one public hearing at which the proposed ordinance or resolution is discussed.
Currently, the intergovernmental cooperation element must contain a
compilation of objectives, policies, goals, maps, and programs for joint planning and
decision making with other jurisdictions, including school districts, for siting and
building public facilities and sharing public services. Also under this element, a local
governmental unit must consider the maps and plans of certain military bases with
which it shares common territory.
Under this bill, the intergovernmental cooperation element adds drainage
districts as a jurisdiction with which a local governmental unit must engage. The
bill also requires that, under this element, a local governmental unit must analyze
its relationship with a drainage district.
Under current law, with certain exceptions, owners selling residential real
property must give prospective buyers a form, known as a real estate condition
report, on which the owner discloses certain conditions of the real property of which
the owner is aware. The bill requires an owner to disclose on the real estate condition
report whether the real property is located within one mile of the boundaries of a
military base or within a drainage district.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB120, s. 1
1Section
1. 66.1001 (2) (g) of the statutes is amended to read:
AB120,3,62
66.1001
(2) (g)
Intergovernmental cooperation element. A compilation of
3objectives, policies, goals, maps, and programs for joint planning and decision
4making with other jurisdictions, including school districts
, drainage districts, and
5adjacent local governmental units, for siting and building public facilities and
6sharing public services. The element shall analyze the relationship of the local
7governmental unit to school districts
, drainage districts, and adjacent local
8governmental units, and to the region, the state and other governmental units. The
9element shall consider, to the greatest extent possible, the maps and plans of any
10military base or installation, with at least 200 assigned military personnel or that
1contains at least 2,000 acres, with which the local governmental unit shares common
2territory. The element shall incorporate any plans or agreements to which the local
3governmental unit is a party under s. 66.0301, 66.0307 or 66.0309. The element shall
4identify existing or potential conflicts between the local governmental unit and other
5governmental units that are specified in this paragraph and describe processes to
6resolve such conflicts.
AB120, s. 2
7Section
2. 709.03 (form) C. 28. of the statutes is created to read:
AB120, s. 3
9Section
3. 709.03 (form) C. 29. of the statutes is created to read:
AB120,3,1812
(1)
Real estate condition report. Notwithstanding section 709.035 of the
13statutes, the creation of section 709.03 (form) C. 28. and C. 29. of the statutes does
14not require a property owner who has furnished to a prospective buyer of the
15property an original or amended real estate condition report before the effective date
16of this subsection to submit an amended real estate condition report with respect to
17the information required by section 709.03 (form) C. 28. or C. 29. of the statutes, as
18created by this act.
AB120,4,3
1(1) The treatment of section 66.1001 (2) (g) of the statutes first applies to a city,
2village, town, county, or regional planning commission that begins the process of
3creating or amending a comprehensive plan on the effective date of this subsection.
AB120,4,64
(2) The treatment of section 709.03 (form) C. 28. and C. 29. of the statutes first
5applies to original real estate condition reports that are furnished on the effective
6date of this subsection.
