AB670: Bill Text

LRB-4099/1

PJK&RNK:jld:md

2009 - 2010 LEGISLATURE

2009 Assembly BILL 670

January 22, 2010 - Introduced by Representative Black, cosponsored by Senator Holperin. Referred to Committee on Natural Resources.

AB670,1,3 An Act to create 709.03 (form) C. 26m. of the statutes; relating to: requiring sellers of residential real property to disclose whether the property is subject to a shoreland zoning mitigation plan.

Analysis by the Legislative Reference Bureau

Under current law, a county must enact a shoreland zoning ordinance for shorelands in its unincorporated area. Current law defines a shoreland as an area within a certain distance from the edge of a navigable water. If a county does not enact a shoreland zoning ordinance or if the Department of Natural Resources (DNR) determines that the county has enacted an ordinance that fails to meet certain standards specified in rules promulgated by DNR, then DNR must adopt a shoreland zoning ordinance for the county. Under rules promulgated by DNR, a county ordinance may authorize a structure that was lawfully placed when constructed, but that no longer complies with certain shoreland zoning standards, to be expanded, replaced, or relocated if certain requirements are met. Among those requirements is a requirement that the county issue a permit requiring that a mitigation plan be approved by the county and implemented by the property owner. The mitigation plan must require the property owner to establish or maintain measures that the county determines are adequate to offset the impacts of the building expansion on water quality, aquatic and wildlife habitat, and natural scenic beauty. The obligations of the property owner under the mitigation plan must be evidenced by an instrument recorded in the office of the register of deeds.

Also 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. This bill requires an owner to disclose on the real estate condition report whether the real property is subject to a mitigation plan required by the county.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB670, s. 1 Section 1. 709.03 (form) C. 26m. of the statutes is created to read:

AB670,2,2 709.03 (form) - See PDF for table

AB670, s. 2 Section 2. Nonstatutory provisions.

AB670,2,9 (1) Real estate condition report. Notwithstanding section 709.035 of the statutes, the creation of section 709.03 (form) C. 26m. of the statutes does not require a property owner who has furnished to a prospective buyer of the property an original or amended real estate condition report before the effective date of this subsection to submit an amended real estate condition report with respect to the information required by section 709.03 (form) C. 26m. of the statutes, as created by this act.

AB670, s. 3 Section 3. Initial applicability.

AB670,3,3 (1) The treatment of section 709.03 (form) C. 26m. of the statutes first applies to original real estate condition reports that are furnished on the effective date of this subsection.

AB670,3,4 (End)