SB394: Bill Text

SB394,27,11 236.13 (2) (a) As a further condition of approval, the governing body of the town or municipality within which the subdivision lies may require that the subdivider make and install any public improvements reasonably necessary or that the subdivider execute a surety bond or provide other security to ensure that he or she will make those improvements within a reasonable time. The subdivider may construct the project in such phases as the governing body approves, which approval may not be unreasonably withheld. If the subdivider's project will be constructed in phases, the amount of any surety bond or other security required by the governing body shall be limited to the phase of the project that is currently being constructed. The governing body may not require that the subdivider provide any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements. This paragraph applies to all preliminary and final plats, regardless of whether submitted for approval before, on, or after the effective date of this paragraph .... [LRB inserts date].

SB394,53 Section 53. 236.13 (2m) of the statutes is amended to read:

SB394,28,2 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any lake, any navigable perennial stream, lake or any other body of navigable water or if land in the proposed plat involves lake or navigable perennial stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of safety and professional services, to protect the public health and safety, may require assurance of adequate drainage areas for private on-site wastewater treatment systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of safety and professional services determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

SB394,54 Section 54. 236.15 (1) (intro.) of the statutes is renumbered 236.15 (1) (ac) and amended to read:

SB394,28,9 236.15 (1) (ac) All of the monuments required in pars. (a) (ag) to (h) shall be placed flush with the ground where if practicable. Whenever placement of a monument under this subsection is required at a corner or point that falls within a street or proposed future street, the monument shall be placed in the side line of the street if practicable.

SB394,55 Section 55. 236.15 (1) (a) of the statutes is renumbered 236.15 (1) (ag) and amended to read:

SB394,28,25 236.15 (1) (ag) The external boundaries of a subdivision shall be monumented in the field by monuments of concrete containing a ferrous rod one-fourth inch in diameter or greater imbedded its full length, not less than 18 inches in length, not less than 4 inches square or 5 inches in diameter, and marked on the top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least 18 inches long and 2 inches in diameter weighing not less than 3.65 pounds per lineal foot. Solid round or square iron bars of equal or greater length or weight per foot may be used in lieu of pipes wherever pipes are specified in this section. These monuments shall be placed at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line and at all angle points along the meander line, said points to be not less than 20 feet back from the determined or approximated ordinary high water mark of the lake or from the bank of the stream, except that when such corners or points fall within a street, or proposed future street, the monuments shall be placed in the side line of the street.

SB394,56 Section 56. 236.15 (1) (b) of the statutes is amended to read:

SB394,29,6 236.15 (1) (b) All internal boundaries and those corners and points not required to be marked by par. (a) (ag) shall be monumented in the field by like monuments as defined in par. (a) (ag). These monuments shall be placed at all block corners, at each end of all curves, at the point where a curve changes its radius, and at all angle points in any line.

SB394,57 Section 57. 236.15 (1) (d) of the statutes is amended to read:

SB394,29,16 236.15 (1) (d) The lines of lots, outlots, parks and public access and land dedicated to the public that extend to lakes or to navigable perennial streams shall be monumented in the field by iron pipes at least 18 inches long and one inch in diameter weighing not less than 1.13 pounds per lineal foot, or by round or square iron bars at least 18 inches long and weighing not less than 1.13 pounds per lineal foot. These monuments shall be placed at the point of intersection of the lake or navigable perennial stream lot line with a meander line established not less than 20 feet back from the determined or approximated ordinary high water mark of the lake or from the bank of the stream.

SB394,58 Section 58. 236.15 (2) of the statutes is amended to read:

SB394,29,21 236.15 (2) Accuracy of survey. The survey shall be performed by a professional land surveyor registered in this state and if the error in the latitude and departure closure of the survey or any part thereof is greater than the ratio of one in 3,000, the plat may be rejected.

SB394,59 Section 59. 236.16 (3) (title) of the statutes is amended to read:

SB394,29,24 236.16 (3) (title) Lake and navigable perennial stream shore plats; public access.

SB394,60 Section 60. 236.16 (3) (a) of the statutes is amended to read:

SB394,30,9 236.16 (3) (a) All subdivisions abutting on a navigable lake or a navigable perennial stream shall provide public access at least 60 feet wide providing access to the low watermark water's edge so that there will be public access, which is connected to existing public roads, at not more than one-half mile intervals as measured along the lake or the navigable perennial stream shore except where greater intervals and wider access is agreed upon by the department of natural resources and the department, and excluding shore areas where public parks or open-space streets or roads on either side of a the navigable perennial stream are provided.

SB394,61 Section 61. 236.16 (3) (b) of the statutes is amended to read:

SB394,30,13 236.16 (3) (b) No public access established under this chapter may be vacated except by circuit court action as provided in s. 236.43, except that such public access may be discontinued under s. 66.1003, subject to s. 66.1006.

SB394,62 Section 62. 236.16 (4) of the statutes is amended to read:

SB394,30,23 236.16 (4) Lake and navigable perennial stream shore plats; land between meander line and water's edge. The lands lying between the meander line, established in accordance with s. 236.20 (2) (g), and the water's edge, and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or a navigable perennial stream. This subsection applies not only to lands proposed to be subdivided but also to all lands under option to the subdivider or in which the subdivider holds any interest and which are contiguous to the lands proposed to be subdivided and which abut a lake or a navigable perennial stream.

SB394,63 Section 63. 236.20 (1) (a) of the statutes is amended to read:

SB394,31,7 236.20 (1) (a) The plat shall have a binding margin 1 1/2 inches wide on the left side, and a one-inch margin on all other sides. A graphic scale of not more than 100 feet to one inch shall be shown on each sheet showing layout features. When more than one sheet is used for any plat, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the plat and showing the relation of that sheet to the other sheets and each sheet shall bear the subdivision and county name.

SB394,64 Section 64. 236.20 (1) (b) of the statutes is repealed.

SB394,65 Section 65. 236.20 (2) (g) of the statutes is amended to read:

SB394,31,14 236.20 (2) (g) All lake or stream shore meander lines for all lakes or navigable perennial streams that are established by the professional land surveyor in accordance with s. 236.15 (1) (d), the distances and bearings thereof, and the distance between the point of intersection of such meander lines with lot lines and the determined or approximated ordinary high water mark.

SB394,66 Section 66. 236.20 (2) (k) of the statutes is amended to read:

SB394,31,25 236.20 (2) (k) When a street is on a circular curve, the main chords of the right-of-way lines shall be drawn as dotted or dashed lines in their proper places. All curved lines shall show, either on the lines or in an adjoining table, the radius of the circle, the central angle subtended, the chord bearing, the chord length, and the arc length for each segment. The tangent bearing shall be shown for each end of the main chord for all nontangent circular lines. When a circular curve of 30-foot radius or less is used to round off the intersection between 2 straight lines, it shall be tangent to both straight lines. It is sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to the point of intersection of the straight lines.

SB394,67 Section 67. 236.20 (3) (b) of the statutes is amended to read:

SB394,32,7 236.20 (3) (b) The location of the subdivision shall be indicated by bearing and distance from a boundary line of a government lot monumented in the original survey or resurvey of Wisconsin, quarter section, recorded private claim, or federal reservation in which the subdivision is located. The monumentation at the ends of the boundary line shall be described and the bearing and distance between them shown.

SB394,68 Section 68. 236.20 (4) (b) of the statutes is amended to read:

SB394,32,10 236.20 (4) (b) All lands dedicated to public use except roads and streets shall be clearly marked "Dedicated to the Public".

SB394,69 Section 69. 236.20 (5) (c) of the statutes is amended to read:

SB394,32,15 236.20 (5) (c) The water elevations of adjoining lakes or navigable perennial streams at the date of the survey and the approximate high and low water elevations of those lakes or streams. All elevations shall be referred to some permanent established datum plane.

SB394,70 Section 70. 236.20 (6) of the statutes is created to read:

SB394,32,19 236.20 (6) Public trust information. A final plat of a subdivision, or a certified survey map of land, to which s. 236.16 (4) applies shall show on its face the following statement:

SB394,32,24 "Any land below the ordinary high water mark of a lake or a navigable perennial stream is subject to the public trust in navigable waters that is established under article IX, section 1, of the state constitution. However, the owner of the real property that abuts such land has exclusive use of that land when it is exposed, except as otherwise provided by law or by the owner's title."

SB394,71 Section 71. 236.21 (1) (intro.) of the statutes is amended to read:

SB394,33,4 236.21 (1) Surveyor's Professional land surveyor's certificate of compliance with statute. (intro.) The certificate of the professional land surveyor who surveyed, divided, and mapped the land giving all of the following information, which shall have the same force and effect as an affidavit:

SB394,72 Section 72. 236.21 (1) (a) of the statutes is amended to read:

SB394,33,7 236.21 (1) (a) By whose direction the professional land surveyor made the survey, subdivision, and plat of the land described on the plat.

SB394,73 Section 73. 236.21 (1) (b) of the statutes is renumbered 236.21 (1) (b) 1. and amended to read:

SB394,33,16 236.21 (1) (b) 1. A Except as provided in subd. 2., a clear and concise description of the land surveyed, divided, and mapped by government lot, recorded private claim, quarter-quarter section, section, township, range, and county and by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section that is not the center of the section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the subdivision is located.

SB394,33,24 2. If the land is located shown in a recorded subdivision or plat, recorded addition thereto, the land shall be described by the number or other description of the lot, block or subdivision thereof, to a recorded subdivision plat, or recorded certified survey map that has previously been tied to a corner marked and established by the U.S. public land survey the monumented line of a quarter section, government lot, recorded private claim, or federal reservation in which the land is located, the land shall be described by the subdivision name or certified survey map number and the description of the lot and block thereof.

SB394,74 Section 74. 236.21 (1) (d) of the statutes is amended to read:

SB394,34,3 236.21 (1) (d) A statement that the professional land surveyor has fully complied with the provisions of this chapter in surveying, dividing , and mapping the land.

SB394,75 Section 75. 236.25 (2) (a) of the statutes is amended to read:

SB394,34,10 236.25 (2) (a) It is a permanent nonfading black image on durable white media that is 22 inches wide by 30 inches long or on other media that is acceptable to the register of deeds, complies with the requirements of s. 59.43 (2m) (b) 4., and bears a department certification of no objection. Seals or signatures reproduced on images complying with this paragraph shall be given the force and effect of original signatures and seals;

SB394,76 Section 76. 236.25 (2) (c) of the statutes is amended to read:

SB394,34,13 236.25 (2) (c) The plat shows on its face all the certificates and affidavits required by ss. 236.21 and 236.12 (4) (3) and 236.21;

SB394,77 Section 77. 236.25 (2) (d) of the statutes is amended to read:

SB394,34,17 236.25 (2) (d) The plat shows on its face the approval of all bodies required by s. 236.10 to approve or the certificate of the clerk that the plat is deemed approved under s. 236.11 (2) (a).

SB394,78 Section 78. 236.32 (except 236.32 (title)) of the statutes is renumbered 236.32 (1m), and 236.32 (1m) (intro.), (a) and (c), as renumbered, are amended to read:

SB394,34,21 236.32 (1m) (intro.) Any of the following may be fined not more than $250 or imprisoned not more than one year in county jail for any of the following violations:

SB394,34,23 (a) Any owner, professional land surveyor, or subdivider who fails to place monuments as prescribed in this chapter when subdividing land.

SB394,35,3 (c) Fails Any person who fails to replace properly any monuments which that have been removed or disturbed when ordered to do so by the governing body of the municipality or county in which the subdivision is located.

SB394,79 Section 79. 236.32 (2m) of the statutes is created to read:

SB394,35,6 236.32 (2m) Each monument to which a violation under sub. (1m) applies constitutes a separate violation.

SB394,80 Section 80. 236.34 (1) (a) of the statutes is amended to read:

SB394,35,10 236.34 (1) (a) The survey shall be performed and the map prepared by a professional land surveyor registered in this state. The error in the latitude and departure closure of the survey may not exceed the ratio of one in 3,000.

SB394,81 Section 81. 236.34 (1) (b) of the statutes is amended to read:

SB394,35,13 236.34 (1) (b) All corners shall be monumented in accordance with s. 236.15 (1) (ac), (c), (d), and (g).

SB394,82 Section 82. 236.34 (1) (c) of the statutes is amended to read:

SB394,36,3 236.34 (1) (c) The map shall be prepared in accordance with s. ss. 236.16 (4) and 236.20 (2) (a), (b), (c), (e), (f), (g), (h), (i), (j), (k), and (L) and (3) (b), (d), and (e) at a graphic scale of not more than 500 feet to an inch, which shall be shown on each sheet showing layout features. The map shall be prepared with a binding margin 1.5 inches wide and a 0.5 inch margin on all other sides on durable white media that is 8 1/2 inches wide by 14 inches long, or on other media that is acceptable to the register of deeds, with a permanent nonfading black image. When more than one sheet is used for any map, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the map and showing the relationship of that sheet to the other sheets. "CERTIFIED SURVEY MAP" shall be printed on the map in prominent letters with the location of the land by government lot, recorded private claim, quarter-quarter section, section, township, range and county noted. Seals or signatures reproduced on images complying with this paragraph shall be given the force and effect of original signatures and seals.

SB394,83 Section 83. 236.34 (1) (d) (intro.) of the statutes is amended to read:

SB394,36,7 236.34 (1) (d) (intro.) The map shall include a certificate of the professional land surveyor who surveyed, divided, and mapped the land which has the same force and effect as an affidavit and which gives all of the following information:

SB394,84 Section 84. 236.34 (1) (d) 1. of the statutes is amended to read:

SB394,36,10 236.34 (1) (d) 1. By whose direction the professional land surveyor made the survey, division, and map of the land described on the certified survey map.

SB394,85 Section 85. 236.34 (1) (d) 2. of the statutes is amended to read:

SB394,36,25 236.34 (1) (d) 2. A clear and concise description of the land surveyed, divided, and mapped by government lot, recorded private claim, quarter-quarter section, section, township, range and county; and by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section that is not the center of a section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the land is located; or if. If, however, the land is located shown in a recorded subdivision or plat, recorded addition to a recorded subdivision, then by the number or other description of the lot, block or subdivision, which plat, or recorded certified survey map that has previously been tied to a corner marked and established by the U.S. public land survey the monumented line of a quarter section, government lot, recorded private claim, or federal reservation in which the land is located, the land shall be described by the subdivision name or certified survey map number and the description of the lot and block thereof.

SB394,86 Section 86. 236.34 (1) (d) 4. of the statutes is amended to read:

SB394,37,4 236.34 (1) (d) 4. A statement that the professional land surveyor has fully complied with the provisions of this section in surveying, dividing , and mapping the land.

SB394,87 Section 87. 236.34 (1) (e) of the statutes is amended to read:

SB394,37,12 236.34 (1) (e) A certified survey map may be used for dedication of streets and other public areas, and for granting easements to the public or any person, society, or corporation marked or noted on the map, when owners' certificates and mortgagees' certificates which are in substantially the same form as required by s. 236.21 (2) (a) have been executed and the city council or village or town board involved have approved such dedication or grant. Approval and recording of such certified surveys shall have the force and effect provided by s. 236.29.

SB394,88 Section 88. 236.34 (2) (b) 1. of the statutes is amended to read:

SB394,37,16 236.34 (2) (b) 1. The certified survey map is offered for record within 6 12 months after the date of the last approval of the map and within 24 36 months after the date of the first approval of the map.

SB394,89 Section 89. 236.34 (4) of the statutes is created to read:

SB394,37,21 236.34 (4) Vacation. A certified survey map may be vacated by the circuit court of the county in which the parcels of land are located in the same manner and with like effect as provided in ss. 236.40 to 236.44, except that application for vacation of the certified survey map may be made by any of the following:

SB394,37,23 (a) The owner of any lot or outlot in the land that is the subject of the certified survey map.

SB394,37,25 (b) The county board if the county has acquired an interest by tax deed in any lot or outlot in the land that is the subject of the certified survey map.

SB394,90 Section 90. 293.37 (2) (a) of the statutes is amended to read:

SB394,38,19 293.37 (2) (a) A mining plan, including a description and a detailed map of the proposed mining site drawn to a scale approved by the department. Aerial photographs may be accepted if the photographs show the details to the satisfaction of the department. The map, plan, or photograph shall be prepared and certified by a competent engineer, licensed professional surveyor , or other person approved by the department, and shall show the boundaries of the area of land which will be affected,; the drainage area above and below the area,; the location and names of all streams, roads, railroads, pipelines, and utility lines on or within 1,000 feet of the site,; the name of the owner or owners of the site,; the name of the city, village, or town in which the site is located; and the name of any other city, village, or town if within 3 miles of the site. The map or photograph shall be accompanied by descriptive data as required by the department, including but not limited to the soil conservation service soil capabilities classifications of the affected area, the anticipated geometry of the excavation, the estimated total production of tailings produced, the nature and depth of the overburden, the elevation of the water table, and such other information about the geology of the deposit as the department, after consultation with the geological and natural history survey, finds is necessary to evaluate the applicant's mining plan and reclamation plan.

SB394,91 Section 91. 295.48 (1) (intro.) of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:

SB394,39,2 295.48 (1) General. (intro.) An applicant for a mining permit shall submit as part of the application a mining plan that includes a description of the proposed mining site and either a detailed map drawn to a scale approved by the department or aerial photographs, if the photographs show the details to the satisfaction of the department, prepared and certified by a competent engineer, licensed professional surveyor, or other person approved by the department that show all of the following:

SB394,92 Section 92. 440.03 (13) (b) 34. of the statutes is amended to read:

SB394,39,4 440.03 (13) (b) 34. Land surveyor, professional.

SB394,93 Section 93. 440.08 (2) (a) 39. of the statutes is amended to read:

SB394,39,7 440.08 (2) (a) 39. Land surveyor, professional: February 1 of each even-numbered year.

SB394,94 Section 94. Chapter 443 (title) of the statutes is amended to read: