This bill generally prohibits a local governmental unit from establishing or
enforcing a standard of air quality; issuing permits related to air quality; imposing
restrictions related to air quality; or requiring monitoring of air quality. The bill
authorizes a local governmental unit to regulate open burning and to take other
actions related to air quality that are specifically required or authorized by this
state's statutes.
Local regulation of the use of explosives
Current law requires the Department of Safety and Professional Services
(DSPS) to promulgate rules to ensure the safety of mines, explosives, quarries, and
related activities. The rules must provide uniform limits on the results of blasting,
to reasonably ensure that blasting does not cause injury, damage, or unreasonable
annoyance to any person or property outside a controlled blasting site.
This bill prohibits a city, village, town, or county from regulating the use of
explosives in connection with mining, quarrying, and related activities regulated by
DSPS, except that the bill authorizes these local governments to regulate blasting
schedules by the issuance of a conditional use permit.
Damage to highways and highway use contracts
Under current law, any person who injures a highway is liable in treble
damages to the political division with maintenance jurisdiction over the highway.
This bill limits this liability to damage that is caused willfully or that results
from an unlawful act.
Current law generally prohibits a local authority from enacting or enforcing
any traffic regulation excluding or prohibiting any motor vehicle from the free use
of all highways. Current law also allows a city, village, or town (municipality) or
county, with respect to highways maintained by the municipality or county, to post
special weight limits on highways that are weakened due to deterioration, climatic
conditions, or other special or temporary conditions and that would likely be
seriously damaged or destroyed in the absence of these special weight limits. A
municipality, county, or traffic officer may also order the owner or operator of a
vehicle to suspend operation on a highway if the vehicle is causing or likely to cause
injury to the highway, unless the highway is being used as a detour by DOT or the
vehicle is being operated under a contract that provides that the municipality or
county will be reimbursed for any damage done to the highway.
This bill prohibits, with limited exceptions, a municipality or county from
imposing any fee or other charge on a highway user under the jurisdiction of the

municipality or county. Under one exception, a municipality or county may enter into
a contract with a highway user that requires the highway user to reimburse the
municipality or county for the cost of repairs to a highway necessitated by actual
damage to the highway caused by the highway user if the contract includes all of the
following requirements: 1) the repairs to the highway are completed before
reimbursement is required by the highway user; 2) the proportion of damages to the
highway caused specifically by the highway user and the cost of repairs attributable
to that share of damages is determined by an engineer chosen by agreement of the
highway user and the municipality or county; and 3) the costs of the engineer's
services are paid in equal shares by the highway user and the municipality or county.
The contract may require that the highway user show proof of financial security
sufficient to pay for the cost of highway repairs if the proof of financial security meets
certain requirements. If a highway use contract is entered into, the provision of
current law providing treble damages against a person who injures a highway does
not apply to damage caused by a vehicle operated under the contract. The bill also
specifies a procedure for a highway user that is a party to a highway use contract that
pre-dates the bill's effective date to seek modification of the existing highway use
contract or replacement of this contract with a new contract.
Borrow sites and material disposal sites for DOT projects
Under current law, a "borrow site" is a site off of project property from which
borrow is excavated for use in a DOT transportation project. "Borrow" is soil or a
mixture of soil, stone, gravel, or similar material for use as part of a DOT
transportation project. A "material disposal site" is a site off of project property used
for the lawful disposal of surplus materials from a DOT transportation project and
that is controlled by the project contractor or subcontractor. If specified
requirements are met, a local zoning ordinance may not apply to a borrow site or a
material disposal site.
Under this bill, a political subdivision may not enact or enforce any ordinance,
resolution, or other requirement, including a zoning ordinance, that applies to a
borrow site or a material disposal site.
For further information see the state and 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:
SB349,1 1Section 1. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab) (intro.)
2and amended to read:
SB349,5,33 59.69 (10) (ab) (intro.) In this subsection "nonconforming:
SB349,6,3
12. "Nonconforming use" means a use of land, a dwelling, or a building that
2existed lawfully before the current zoning ordinance was enacted or amended, but
3that does not conform with the use restrictions in the current ordinance.
SB349,2 4Section 2. 59.69 (10) (ab) 1. of the statutes is created to read:
SB349,6,105 59.69 (10) (ab) 1. "Nonconforming nonmetallic mining location" means land on
6which nonmetallic mining was occurring when nonmetallic mining became a
7nonconforming use, including land that is contiguous to such land if the contiguous
8land is under the common ownership or control of the person who owns or controls
9the land on which the mining was occurring, and includes leasehold interests,
10without regard to whether private roads or waterways run through the land.
SB349,3 11Section 3. 59.69 (10) (as) of the statutes is created to read:
SB349,6,1712 59.69 (10) (as) An ordinance enacted under this section may not prohibit the
13continued extraction of a nonmetallic mineral from a nonconforming nonmetallic
14mining location. Such continued extraction from such a location shall be considered
15an existing use, may not be considered an expansion of a nonconforming use, and
16may not be prohibited in areas of the nonconforming nonmetallic mining location
17that have not previously been under actual excavation.
SB349,4 18Section 4. 60.61 (5) (ab) of the statutes is renumbered 60.61 (5) (ab) (intro.)
19and amended to read:
SB349,6,2020 60.61 (5) (ab) (intro.) In this subsection "nonconforming:
SB349,6,23 212. "Nonconforming use" means a use of land, a dwelling, or a building that
22existed lawfully before the current zoning ordinance was enacted or amended, but
23that does not conform with the use restrictions in the current ordinance.
SB349,5 24Section 5. 60.61 (5) (ab) 1. of the statutes is created to read:
SB349,7,6
160.61 (5) (ab) 1. "Nonconforming nonmetallic mining location" means land on
2which nonmetallic mining was occurring when nonmetallic mining became a
3nonconforming use, including land that is contiguous to such land if the contiguous
4land is under the common ownership or control of the person who owns or controls
5the land on which the mining was occurring, and includes leasehold interests,
6without regard to whether private roads or waterways run through the land.
SB349,6 7Section 6. 60.61 (5) (as) of the statutes is created to read:
SB349,7,138 60.61 (5) (as) An ordinance enacted under this section may not prohibit the
9continued extraction of a nonmetallic mineral from a nonconforming nonmetallic
10mining location. Such continued extraction from such a location shall be considered
11an existing use, may not be considered an expansion of a nonconforming use, and
12may not be prohibited in areas of the nonconforming nonmetallic mining location
13that have not previously been under actual excavation.
SB349,7 14Section 7. 62.23 (7) (ab) of the statutes is renumbered 62.23 (7) (ab) (intro.)
15and amended to read:
SB349,7,1716 62.23 (7) (ab) Definition Definitions. (intro.) In this subsection
17"nonconforming:
SB349,7,20 182. "Nonconforming use" means a use of land, a dwelling, or a building that
19existed lawfully before the current zoning ordinance was enacted or amended, but
20that does not conform with the use restrictions in the current ordinance.
SB349,8 21Section 8. 62.23 (7) (ab) 1. of the statutes is created to read:
SB349,8,222 62.23 (7) (ab) 1. "Nonconforming nonmetallic mining location" means land on
23which nonmetallic mining was occurring when nonmetallic mining became a
24nonconforming use, including land that is contiguous to such land if the contiguous
25land is under the common ownership or control of the person who owns or controls

1the land on which the mining was occurring, and includes leasehold interests,
2without regard to whether private roads or waterways run through the land.
SB349,9 3Section 9. 62.23 (7) (hs) of the statutes is created to read:
SB349,8,94 62.23 (7) (hs) Nonmetallic mining. An ordinance enacted under this subsection
5may not prohibit the continued extraction of a nonmetallic mineral from a
6nonconforming nonmetallic mining location. Such continued extraction from such
7a location shall be considered an existing use, may not be considered an expansion
8of a nonconforming use, and may not be prohibited in areas of the nonconforming
9nonmetallic mining locations that have not previously been under actual excavation.
SB349,10 10Section 10. 66.0416 of the statutes is created to read:
SB349,8,12 1166.0416 Local regulation of nonmetallic mining. (1) Definitions. In this
12section:
SB349,8,1313 (a) "Nonmetallic mining" has the meaning given in s. 295.11 (3).
SB349,8,1414 (b) "Political subdivision" means a city, village, town, or county.
SB349,8,1615 (c) "Zoning ordinance" means an ordinance enacted or amended by a political
16subdivision under s. 59.69 (4), 60.61 (2), 60.62 (1), 61.35, or 62.23 (7) (am).
SB349,8,21 17(2) Limitations on regulation. Except for a nonmetallic mining reclamation
18ordinance as described in ss. 295.13 and 295.14 or a zoning ordinance, a political
19subdivision may not enact or enforce an ordinance applicable to nonmetallic mining,
20including a licensing ordinance, that regulates how a use of land takes place or
21affects the use of land.
SB349,11 22Section 11. 84.06 (12) (b) (intro.) of the statutes is amended to read:
SB349,9,223 84.06 (12) (b) (intro.) No political subdivision may enact or enforce any
24ordinance, resolution, or other requirement, including a
zoning ordinance enacted

1under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply, that applies to a borrow site
2if all of the following apply:
SB349,12 3Section 12. 85.193 (2) (intro.) of the statutes is amended to read:
SB349,9,84 85.193 (2) Exemption from local zoning requirements. (intro.) No political
5subdivision may enact or enforce any ordinance, resolution, or other requirement,
6including a
zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23
7may apply, that applies to a borrow site or material disposal site if all of the following
8apply:
SB349,13 9Section 13. 86.02 of the statutes is amended to read:
SB349,9,17 1086.02 Injury to highway. Any person who shall injure any highway by
11obstructing or diverting any creek or watercourse or sluiceway, or by dragging logs
12or timber thereon, or by any other act, shall be liable in treble damages, to be
13recovered by the political division chargeable with the maintenance of highway
14injured, and the amount recovered shall be credited to the highway maintenance
15fund. This section does not apply to damage caused by a vehicle when the vehicle is
16being operated under a contract described in s. 349.03 (2r) (c). This section applies
17only to damage that is caused willfully or that results from an unlawful act.
SB349,14 18Section 14. 101.15 (2) (g) of the statutes is created to read:
SB349,9,2119 101.15 (2) (g) 1. Except as provided in subd. 2., no city, village, town, or county
20may enact or enforce an ordinance or other regulation governing the use of explosives
21in connection with an activity regulated by the department under this section.
SB349,9,2322 2. A city, village, town, or county may regulate blasting schedules by the
23issuance of a conditional use permit.
SB349,15 24Section 15. 281.125 of the statutes is created to read:
SB349,10,2
1281.125 Limitation on local authority. (1) Except as provided in sub. (2),
2a municipality may not do any of the following:
SB349,10,33 (a) Establish or enforce a standard of water quality.
SB349,10,54 (b) Issue permits, including permits for discharges to the waters of the state,
5or any other form of approval related to water quality or quantity.
SB349,10,66 (c) Impose any restriction related to water quality or quantity.
SB349,10,77 (d) Impose any requirement related to monitoring water quality or quantity.
SB349,10,9 8(2) (a) A municipality may take actions related to water quality or quantity that
9are specifically required or authorized by another statute.
SB349,10,1110 (b) A municipality may not use s. 59.03 (2) (a), 59.54 (6), 60.10 (2) (c), 61.34, or
1162.11 (5) as the basis for taking an action under par. (a).
SB349,16 12Section 16. 285.11 (3) of the statutes is repealed.
SB349,17 13Section 17. 285.73 of the statutes is repealed.
SB349,18 14Section 18. 285.74 of the statutes is created to read:
SB349,10,16 15285.74 Limitation on local authority. (1) Except as provided in sub. (2) (a),
16a municipality may not do any of the following:
SB349,10,1917 (a) Establish or enforce an ambient air quality standard, standard of
18performance for new stationary sources, or other emission limitation related to air
19quality.
SB349,10,2020 (b) Issue permits or any other form of approval related to air quality.
SB349,10,2121 (c) Impose any restriction related to air quality.
SB349,10,2222 (d) Impose any requirement related to monitoring air quality.
SB349,10,23 23(2) (a) A municipality may do any of the following:
SB349,10,2524 1. Take actions related to air quality that are specifically required or authorized
25by another statute.
SB349,11,1
12. Regulate open burning.
SB349,11,32 (b) A municipality may not use s. 59.03 (2) (a), 59.54 (6), 60.10 (2) (c), 61.34, or
362.11 (5) as the basis for taking an action under par. (a) 1.
SB349,19 4Section 19. 285.75 of the statutes is repealed.
SB349,20 5Section 20. 295.12 (2) (e) of the statutes is created to read:
SB349,11,96 295.12 (2) (e) The department may not establish nonmetallic mining
7reclamation standards under sub. (1) (a) relating to water quality or quantity or air
8quality that are more restrictive than chs. 160, 280, 281, 283, or 285 or rules
9promulgated under those chapters.
SB349,21 10Section 21. 295.13 (1) (b) of the statutes is created to read:
SB349,11,1211 295.13 (1) (b) Restrictions on ordinances. A county may not enact or enforce
12provisions in an ordinance under par. (a) that do any of the following:
SB349,11,1313 1. Specify a standard of water quality or air quality.
SB349,11,1514 2. Require an operator to obtain a permit or other form of approval in addition
15to a nonmetallic mining reclamation permit.
SB349,11,1716 3. Impose any requirement related to monitoring water quality or quantity or
17air quality.
SB349,11,1918 4. With respect to water quality or quantity or air quality, are more restrictive
19than the standards under s. 295.12 (1) (a).
SB349,11,2120 5. With respect to water quality or quantity or air quality, are more restrictive
21than chs. 160, 280, 281, 283, or 285 and rules promulgated under those chapters.
SB349,22 22Section 22. 295.14 (1) of the statutes is renumbered 295.14 (1) (a).
SB349,23 23Section 23. 295.14 (1) (b) of the statutes is created to read:
SB349,11,2524 295.14 (1) (b) A city, village, or town may not enact or enforce provisions in an
25ordinance under par. (a) that do any of the following:
SB349,12,1
11. Specify a standard of water quality or air quality.
SB349,12,32 2. Require an operator to obtain a permit or other form of approval in addition
3to a nonmetallic mining reclamation permit.
SB349,12,54 3. Impose any requirement related to monitoring water quality or quantity or
5air quality.
SB349,12,76 4. With respect to water quality or quantity or air quality, are more restrictive
7than the standards under s. 295.12 (1) (a).
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