SB349: Bill Text

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 Section 1. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab) (intro.) and amended to read:

SB349,5,3 59.69 (10) (ab) (intro.) In this subsection "nonconforming:

SB349,6,3 2. "Nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

SB349,2 Section 2. 59.69 (10) (ab) 1. of the statutes is created to read:

SB349,6,10 59.69 (10) (ab) 1. "Nonconforming nonmetallic mining location" means land on which nonmetallic mining was occurring when nonmetallic mining became a nonconforming use, including land that is contiguous to such land if the contiguous land is under the common ownership or control of the person who owns or controls the land on which the mining was occurring, and includes leasehold interests, without regard to whether private roads or waterways run through the land.

SB349,3 Section 3. 59.69 (10) (as) of the statutes is created to read:

SB349,6,17 59.69 (10) (as) An ordinance enacted under this section may not prohibit the continued extraction of a nonmetallic mineral from a nonconforming nonmetallic mining location. Such continued extraction from such a location shall be considered an existing use, may not be considered an expansion of a nonconforming use, and may not be prohibited in areas of the nonconforming nonmetallic mining location that have not previously been under actual excavation.

SB349,4 Section 4. 60.61 (5) (ab) of the statutes is renumbered 60.61 (5) (ab) (intro.) and amended to read:

SB349,6,20 60.61 (5) (ab) (intro.) In this subsection "nonconforming:

SB349,6,23 2. "Nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

SB349,5 Section 5. 60.61 (5) (ab) 1. of the statutes is created to read:

SB349,7,6 60.61 (5) (ab) 1. "Nonconforming nonmetallic mining location" means land on which nonmetallic mining was occurring when nonmetallic mining became a nonconforming use, including land that is contiguous to such land if the contiguous land is under the common ownership or control of the person who owns or controls the land on which the mining was occurring, and includes leasehold interests, without regard to whether private roads or waterways run through the land.

SB349,6 Section 6. 60.61 (5) (as) of the statutes is created to read:

SB349,7,13 60.61 (5) (as) An ordinance enacted under this section may not prohibit the continued extraction of a nonmetallic mineral from a nonconforming nonmetallic mining location. Such continued extraction from such a location shall be considered an existing use, may not be considered an expansion of a nonconforming use, and may not be prohibited in areas of the nonconforming nonmetallic mining location that have not previously been under actual excavation.

SB349,7 Section 7. 62.23 (7) (ab) of the statutes is renumbered 62.23 (7) (ab) (intro.) and amended to read:

SB349,7,17 62.23 (7) (ab) Definition Definitions. (intro.) In this subsection "nonconforming:

SB349,7,20 2. "Nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

SB349,8 Section 8. 62.23 (7) (ab) 1. of the statutes is created to read:

SB349,8,2 62.23 (7) (ab) 1. "Nonconforming nonmetallic mining location" means land on which nonmetallic mining was occurring when nonmetallic mining became a nonconforming use, including land that is contiguous to such land if the contiguous land is under the common ownership or control of the person who owns or controls the land on which the mining was occurring, and includes leasehold interests, without regard to whether private roads or waterways run through the land.

SB349,9 Section 9. 62.23 (7) (hs) of the statutes is created to read:

SB349,8,9 62.23 (7) (hs) Nonmetallic mining. An ordinance enacted under this subsection may not prohibit the continued extraction of a nonmetallic mineral from a nonconforming nonmetallic mining location. Such continued extraction from such a location shall be considered an existing use, may not be considered an expansion of a nonconforming use, and may not be prohibited in areas of the nonconforming nonmetallic mining locations that have not previously been under actual excavation.

SB349,10 Section 10. 66.0416 of the statutes is created to read:

SB349,8,12 66.0416 Local regulation of nonmetallic mining. (1) Definitions. In this section:

SB349,8,13 (a) "Nonmetallic mining" has the meaning given in s. 295.11 (3).

SB349,8,14 (b) "Political subdivision" means a city, village, town, or county.

SB349,8,16 (c) "Zoning ordinance" means an ordinance enacted or amended by a political subdivision under s. 59.69 (4), 60.61 (2), 60.62 (1), 61.35, or 62.23 (7) (am).

SB349,8,21 (2) Limitations on regulation. Except for a nonmetallic mining reclamation ordinance as described in ss. 295.13 and 295.14 or a zoning ordinance, a political subdivision may not enact or enforce an ordinance applicable to nonmetallic mining, including a licensing ordinance, that regulates how a use of land takes place or affects the use of land.

SB349,11 Section 11. 84.06 (12) (b) (intro.) of the statutes is amended to read:

SB349,9,2 84.06 (12) (b) (intro.) No political subdivision may enact or enforce any ordinance, resolution, or other requirement, including a zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply, that applies to a borrow site if all of the following apply:

SB349,12 Section 12. 85.193 (2) (intro.) of the statutes is amended to read:

SB349,9,8 85.193 (2) Exemption from local zoning requirements. (intro.) No political subdivision may enact or enforce any ordinance, resolution, or other requirement, including a zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply, that applies to a borrow site or material disposal site if all of the following apply:

SB349,13 Section 13. 86.02 of the statutes is amended to read:

SB349,9,17 86.02 Injury to highway. Any person who shall injure any highway by obstructing or diverting any creek or watercourse or sluiceway, or by dragging logs or timber thereon, or by any other act, shall be liable in treble damages, to be recovered by the political division chargeable with the maintenance of highway injured, and the amount recovered shall be credited to the highway maintenance fund. This section does not apply to damage caused by a vehicle when the vehicle is being operated under a contract described in s. 349.03 (2r) (c). This section applies only to damage that is caused willfully or that results from an unlawful act.

SB349,14 Section 14. 101.15 (2) (g) of the statutes is created to read:

SB349,9,21 101.15 (2) (g) 1. Except as provided in subd. 2., no city, village, town, or county may enact or enforce an ordinance or other regulation governing the use of explosives in connection with an activity regulated by the department under this section.

SB349,9,23 2. A city, village, town, or county may regulate blasting schedules by the issuance of a conditional use permit.

SB349,15 Section 15. 281.125 of the statutes is created to read:

SB349,10,2 281.125 Limitation on local authority. (1) Except as provided in sub. (2), a municipality may not do any of the following:

SB349,10,3 (a) Establish or enforce a standard of water quality.

SB349,10,5 (b) Issue permits, including permits for discharges to the waters of the state, or any other form of approval related to water quality or quantity.

SB349,10,6 (c) Impose any restriction related to water quality or quantity.

SB349,10,7 (d) Impose any requirement related to monitoring water quality or quantity.

SB349,10,9 (2) (a) A municipality may take actions related to water quality or quantity that are specifically required or authorized by another statute.

SB349,10,11 (b) A municipality may not use s. 59.03 (2) (a), 59.54 (6), 60.10 (2) (c), 61.34, or 62.11 (5) as the basis for taking an action under par. (a).

SB349,16 Section 16. 285.11 (3) of the statutes is repealed.

SB349,17 Section 17. 285.73 of the statutes is repealed.

SB349,18 Section 18. 285.74 of the statutes is created to read:

SB349,10,16 285.74 Limitation on local authority. (1) Except as provided in sub. (2) (a), a municipality may not do any of the following:

SB349,10,19 (a) Establish or enforce an ambient air quality standard, standard of performance for new stationary sources, or other emission limitation related to air quality.

SB349,10,20 (b) Issue permits or any other form of approval related to air quality.

SB349,10,21 (c) Impose any restriction related to air quality.

SB349,10,22 (d) Impose any requirement related to monitoring air quality.

SB349,10,23 (2) (a) A municipality may do any of the following:

SB349,10,25 1. Take actions related to air quality that are specifically required or authorized by another statute.

SB349,11,1 2. Regulate open burning.

SB349,11,3 (b) A municipality may not use s. 59.03 (2) (a), 59.54 (6), 60.10 (2) (c), 61.34, or 62.11 (5) as the basis for taking an action under par. (a) 1.

SB349,19 Section 19. 285.75 of the statutes is repealed.

SB349,20 Section 20. 295.12 (2) (e) of the statutes is created to read:

SB349,11,9 295.12 (2) (e) The department may not establish nonmetallic mining reclamation standards under sub. (1) (a) relating to water quality or quantity or air quality that are more restrictive than chs. 160, 280, 281, 283, or 285 or rules promulgated under those chapters.

SB349,21 Section 21. 295.13 (1) (b) of the statutes is created to read:

SB349,11,12 295.13 (1) (b) Restrictions on ordinances. A county may not enact or enforce provisions in an ordinance under par. (a) that do any of the following:

SB349,11,13 1. Specify a standard of water quality or air quality.

SB349,11,15 2. Require an operator to obtain a permit or other form of approval in addition to a nonmetallic mining reclamation permit.

SB349,11,17 3. Impose any requirement related to monitoring water quality or quantity or air quality.

SB349,11,19 4. With respect to water quality or quantity or air quality, are more restrictive than the standards under s. 295.12 (1) (a).

SB349,11,21 5. With respect to water quality or quantity or air quality, are more restrictive than chs. 160, 280, 281, 283, or 285 and rules promulgated under those chapters.

SB349,22 Section 22. 295.14 (1) of the statutes is renumbered 295.14 (1) (a).

SB349,23 Section 23. 295.14 (1) (b) of the statutes is created to read:

SB349,11,25 295.14 (1) (b) A city, village, or town may not enact or enforce provisions in an ordinance under par. (a) that do any of the following:

SB349,12,1 1. Specify a standard of water quality or air quality.

SB349,12,3 2. Require an operator to obtain a permit or other form of approval in addition to a nonmetallic mining reclamation permit.

SB349,12,5 3. Impose any requirement related to monitoring water quality or quantity or air quality.

SB349,12,7 4. With respect to water quality or quantity or air quality, are more restrictive than the standards under s. 295.12 (1) (a).

SB349,12,9 5. With respect to water quality or quantity or air quality, are more restrictive than chs. 160, 280, 281, 283, or 285 and rules promulgated under those chapters.

SB349,24 Section 24. 349.03 (2r) of the statutes is created to read:

SB349,12,12 349.03 (2r) (a) In this subsection, "governmental unit" means a county, city, village, or town.

SB349,12,15 (b) Except as provided in pars. (c) to (e), a governmental unit may not impose any fee or other charge on a highway user under the jurisdiction of the governmental unit.

SB349,12,19 (c) A governmental unit may enter into a contract with a highway user that requires the highway user to reimburse the governmental unit 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:

SB349,12,21 1. The repairs to the highway are completed before reimbursement is required by the highway user.

SB349,12,25 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 governmental unit and the highway user.

SB349,13,2 3. The costs of the engineer's services under subd. 2. are paid in equal shares by the highway user and the governmental unit.

SB349,13,6 (d) 1. Subject to subd. 2., a contract under par. (c) may require that a highway user show proof of financial security sufficient to pay for the cost of repairs to a highway necessitated by actual damage to the highway specifically caused by the highway user.

SB349,13,8 2. The proof of financial security under subd. 1. is subject to all of the following requirements:

SB349,13,12 a.   The proof of financial security may not be required to be in an amount greater than the reasonable expected payments for damages expected to be caused during the 3 years following the date the amount of the financial security is determined.

SB349,13,15 b.   The amount of financial security necessary to meet the requirement under subd. 2. a. shall be determined by an engineer chosen by agreement of the governmental unit and the highway user.