AB582,4 22Section 4. 59.692 (1h) of the statutes is created to read:
AB582,6,323 59.692 (1h) If a professional land surveyor licensed under ch. 443, in
24measuring a setback from an ordinary high-water mark of a navigable water as
25required by an ordinance enacted under this section, relies on a map, plat, or survey

1that incorporates or approximates the ordinary high-water mark in accordance with
2s. 236.025, the setback measured is the setback with respect to a structure
3constructed on that property if all of the following apply:
AB582,6,74 (a) The map, plat, or survey is prepared by a professional land surveyor,
5licensed under ch. 443, after the effective date of this paragraph .... [LRB inserts
6date]. The same professional land surveyor may prepare the map, plat, or survey and
7measure the setback.
AB582,6,98 (b) The department has not identified the ordinary high-water mark on its
9Internet site as is required under s. 30.102 at the time the setback is measured.
AB582,5 10Section 5. 59.692 (1k) (a) 2. of the statutes, as created by 2015 Wisconsin Act
1155
, is amended to read:
AB582,6,1712 59.692 (1k) (a) 2. Except as provided in par. (b), requires any approval or
13imposes any fee or mitigation requirement for, or otherwise prohibits or regulates,
14the maintenance, repair, replacement, restoration, rebuilding, or remodeling of all
15or any part of a nonconforming structure or a structure of which any part is legally
16 located in the shoreland setback area only by operation of a variance
if the activity
17does not expand the footprint of the nonconforming structure.
AB582,6 18Section 6. 59.692 (1k) (a) 4. of the statutes, as created by 2015 Wisconsin Act
1955
, is amended to read:
AB582,6,2420 59.692 (1k) (a) 4. Requires any approval or imposes any fee or mitigation
21requirement for, or otherwise prohibits or regulates, the vertical expansion of a
22nonconforming structure or a structure of which any part is legally located in the
23shoreland setback area only by operation of a variance
unless the vertical expansion
24would extend more than 35 feet above grade level.
AB582,7 25Section 7. 59.692 (1k) (a) 6. of the statutes is created to read:
AB582,7,2
159.692 (1k) (a) 6. Prohibits placement in a shoreland setback area of a device
2or system authorized under par. (a) 5.
AB582,8 3Section 8. 59.692 (1k) (b) of the statutes, as created by 2015 Wisconsin Act 55,
4is amended to read:
AB582,7,95 59.692 (1k) (b) A county shoreland zoning ordinance shall allow an activity
6specified under par. (a) 2. to expand the footprint of a nonconforming structure or a
7structure of which any part is legally located in the shoreland setback area only by
8operation of a variance
if the expansion is necessary for the structure to comply with
9applicable state or federal requirements.
AB582,9 10Section 9. 59.692 (1p) of the statutes is created to read:
AB582,7,1611 59.692 (1p) The department may not promulgate a standard and a county may
12not enact an ordinance under this section that prohibits the owner of a boathouse in
13the shoreland setback area that has a flat roof from using the roof as a deck if the roof
14has no side walls or screens or from having or installing a railing around that roof
15if the railing is consistent with standards promulgated by the department of safety
16and professional services under ch. 101.
AB582,10 17Section 10. 59.692 (7) of the statutes is created to read:
AB582,7,2218 59.692 (7) (a) In this subsection, "facility" means any property or equipment
19of a public utility, as defined in s. 196.01 (5), or a cooperative association organized
20under ch. 185 for the purpose of producing or furnishing heat, light, or power to its
21members only, that is used for the transmission, delivery, or furnishing of natural
22gas, heat, light, or power.
AB582,7,2523 (b) The construction and maintenance of a facility is considered to satisfy the
24requirements of this section and any county ordinance enacted under this section if
25any of the following applies:
AB582,8,2
11. The department has issued all required permits or approvals authorizing the
2construction or maintenance under ch. 30, 31, 281, or 283.
AB582,8,63 2. No department permit or approval under subd. 1. is required for the
4construction or maintenance and the construction or maintenance is conducted in a
5manner that employs best management practices to infiltrate or otherwise control
6storm water runoff from the facility.
AB582,11 7Section 11. 60.23 (33) of the statutes is amended to read:
AB582,8,108 60.23 (33) Comprehensive plan. Adopt or amend a master plan under s. 62.23.
9A master plan under this subsection may not prohibit any use specified as a
10conditional use in a zoning ordinance enacted by the town.
AB582,12 11Section 12. 60.61 (2) (a) 6. of the statutes is amended to read:
AB582,8,1312 60.61 (2) (a) 6. The Subject to s. 66.10015 (3), the density and distribution of
13population.
AB582,13 14Section 13. 60.61 (4) (f) of the statutes is amended to read:
AB582,9,415 60.61 (4) (f) The town board shall maintain a list of persons who submit a
16written request to receive notice of any proposed ordinance or amendment that
17affects the allowable use of the property owned by the person.
If the town zoning
18committee completes a final report on a proposed zoning ordinance and the town
19board is prepared to vote on the proposed ordinance under par. (b) or if the town board
20is prepared to vote on a proposed amendment under par. (c) 1., the town board shall
21send a notice, which contains a copy or summary of the proposed ordinance or
22amendment, to each person on the list whose property, the allowable use or size or
23density requirements
of which, may be affected by the proposed ordinance or
24amendment. The notice shall be by mail or in any reasonable form that is agreed to
25by the person and the town board. The town board may charge each person on the

1list who receives a notice a fee that does not exceed the approximate cost of providing
2the notice to the person.
An ordinance or amendment that is subject to this
3paragraph may take effect even if the town board fails to send the notice that is
4required by this paragraph.
AB582,14 5Section 14. 62.23 (7) (am) of the statutes is amended to read:
AB582,9,166 62.23 (7) (am) Grant of power. For the purpose of promoting health, safety,
7morals or the general welfare of the community, the council may regulate and restrict
8by ordinance, subject to par. (hm), the height, number of stories and size of buildings
9and other structures, the percentage of lot that may be occupied, the size of yards,
10courts and other open spaces, subject to s. 66.10015 (3) the density of population, and
11the location and use of buildings, structures and land for trade, industry, mining,
12residence or other purposes if there is no discrimination against temporary
13structures. This subsection and any ordinance, resolution or regulation enacted or
14adopted under this section, shall be liberally construed in favor of the city and as
15minimum requirements adopted for the purposes stated. This subsection may not
16be deemed a limitation of any power granted elsewhere.
AB582,15 17Section 15. 62.23 (7) (d) 4. of the statutes is amended to read:
AB582,9,2518 62.23 (7) (d) 4. The city council shall maintain a list of persons who submit a
19written request to receive notice of any proposed zoning action that may be taken
20under subd. 1. a. or b. or 2. that affects the allowable use of the person's property.

21If the plan commission, the board of public land commissioners, or city plan
22committee of the city council completes action on any tentative recommendations
23that are noticed under subd. 1. a., proposed changes to a proposed district plan and
24regulations that are submitted under subd. 1. b., or proposed amendments that are
25submitted under subd. 2., and the city council is prepared to vote on the tentative

1recommendations, proposed changes to a proposed district plan, and regulations or
2proposed amendments, the city council shall send a notice, which contains a copy or
3summary
of the tentative recommendations, proposed changes to a proposed district
4plan, and regulations or proposed amendments, to each person on the list whose
5property, the allowable use of which, may be affected by the tentative
6recommendations or proposed changes or amendments. The notice shall be by mail
7or in any reasonable form that is agreed to by the person and the city council. The
8city council may charge each person on the list who receives a notice a fee that does
9not exceed the approximate cost of providing the notice to the person.
An ordinance
10or amendment that is subject to this subdivision may take effect even if the city
11council fails to send the notice that is required by this subdivision.
AB582,16 12Section 16. 66.1001 (4) (f) of the statutes is amended to read:
AB582,10,2213 66.1001 (4) (f) A political subdivision shall maintain a list of persons who
14submit a written request to receive notice of any proposed ordinance, described
15under par. (c), that affects the allowable use of the property owned by the person.
At
16least 30 days before the hearing described in par. (d) is held a political subdivision
17shall provide written notice, including a copy or summary of the proposed ordinance,
18to all such persons whose property, the allowable use of which, may be affected by the
19proposed ordinance
. The notice shall be by mail or in any reasonable form that is
20agreed to by the person and the political subdivision. The political subdivision may
21charge each person on the list who receives a notice a fee that does not exceed the
22approximate cost of providing the notice to the person.
AB582,17 23Section 17. 66.10015 (title) of the statutes is amended to read:
AB582,10,25 2466.10015 (title) Limitation on development regulation authority and
25down zoning
.
AB582,18
1Section 18. 66.10015 (1) (a) of the statutes is amended to read:
AB582,11,32 66.10015 (1) (a) "Approval" means a permit or authorization for building,
3zoning, driveway, stormwater, or other activity related to land development a project.
AB582,19 4Section 19. 66.10015 (1) (as) of the statutes is created to read:
AB582,11,65 66.10015 (1) (as) "Down zoning ordinance" means a zoning ordinance that
6affects an area of land in one of the following ways:
AB582,11,87 1. By decreasing the development density of the land to be less dense than was
8allowed under its previous usage.
AB582,11,109 2. By reducing the permitted uses of the land to fewer uses than were allowed
10under its previous usage.
AB582,20 11Section 20. 66.10015 (1) (b) of the statutes is amended to read:
AB582,11,1512 66.10015 (1) (b) "Existing requirements" means regulations, ordinances, rules,
13or other properly adopted requirements of a political subdivision that are in effect
14at the time the application for an approval is submitted to the political subdivision
15or to an agency, as defined in s. 227.01 (1).
AB582,21 16Section 21. 66.10015 (1) (bs) of the statutes is created to read:
AB582,11,2017 66.10015 (1) (bs) "Members-elect" means those members of the governing body
18of a political subdivision, at a particular time, who have been duly elected or
19appointed for a current regular or unexpired term and whose service has not
20terminated by death, resignation, or removal from office.
AB582,22 21Section 22. 66.10015 (1) (d) of the statutes is amended to read:
AB582,11,2522 66.10015 (1) (d) "Project" means a specific and identifiable land development,
23improvement activity, or use
that occurs on defined and adjacent parcels of land,
24which includes lands separated by roads, waterways, and easements
within one or
25more political subdivisions and is specified in one or more applications for approval
.
AB582,23
1Section 23. 66.10015 (2) (b) of the statutes is amended to read:
AB582,12,92 66.10015 (2) (b) If a project requires more than one approval or approvals from
3more than one political subdivision or from an agency, as defined in s. 227.01 (1), and
4a political subdivision
and the applicant identifies the full scope of the project at the
5time of filing the first application for the first an approval required for the project,
6the existing requirements applicable in each political subdivision at the time of filing
7the application for the first approval required for the project shall be applicable to
8all subsequent approvals required for the project, unless the applicant and the
9political subdivision agree otherwise.
AB582,24 10Section 24. 66.10015 (2) (d) of the statutes is amended to read:
AB582,12,1611 66.10015 (2) (d) This section does not prohibit a political subdivision from
12establishing an expiration date on an approval. Any expiration date established by
13a political subdivision shall be extended by a period equal to the duration of the
14pendency of any related applications for approval from an agency, as defined in
15227.01 (1), or from a political subdivision, including the duration of any proceedings
16contesting an approval or conditions of an approval.
AB582,25 17Section 25. 66.10015 (3) of the statutes is created to read:
AB582,12,2218 66.10015 (3) Down zoning. A political subdivision may enact a down zoning
19ordinance only if the ordinance is approved by at least three-fourths of the
20members-elect, except that if the down zoning ordinance is requested, or agreed to,
21by the person who owns the land affected by the proposed ordinance, the ordinance
22may be enacted by a simple majority of the members-elect.
AB582,26 23Section 26. 70.32 (2) (c) 4. of the statutes is renumbered 70.32 (2) (c) 4. (intro.)
24and amended to read:
AB582,12,2525 70.32 (2) (c) 4. (intro.) "Undeveloped land" means bog all of the following:
AB582,13,3
1a. Bog, marsh, lowland brush, uncultivated land zoned as shoreland under s.
259.692 and shown as a wetland on a final map under s. 23.32, or other nonproductive
3lands not otherwise classified under this subsection.
AB582,27 4Section 27. 70.32 (2) (c) 4. b. of the statutes is created to read:
AB582,13,105 70.32 (2) (c) 4. b. Land that is platted and zoned for residential, commercial,
6or manufacturing use until such time that all approvals, including post-construction
7inspection approvals, required before the initial use of the land for a residential,
8commercial, or manufacturing use are issued. This subd. 4. b. applies only to land
9that was in agricultural use for 2 consecutive years prior to being converted to
10residential, commercial, or manufacturing use.
AB582,28 11Section 28. 70.32 (4) of the statutes is renumbered 70.32 (4) (a) and amended
12to read:
AB582,13,1613 70.32 (4) (a) Beginning with the assessments as of January 1, 2004,
14agricultural forest land shall be assessed at 50% 50 percent of its full value, as
15determined under sub. (1), and undeveloped land, as defined in sub. (2) (c) 4. a., shall
16be assessed at 50% 50 percent of its full value, as determined under sub. (1).
AB582,29 17Section 29. 70.32 (4) (b) of the statutes is created to read:
AB582,13,2118 70.32 (4) (b) Beginning with the assessments as of January 1, 2016,
19undeveloped land, as defined in sub. (2) (c) 4. b., shall be assessed at its unimproved
20value until such time that a permit is issued for constructing a building or other
21structure on the land.
AB582,30 22Section 30. 227.445 of the statutes is created to read:
AB582,14,3 23227.445 Substitution of hearing examiner assigned by division of
24hearings and appeals.
(1) A person who has applied for a contract, permit, or
25other approval that is the subject of a contested case hearing for which the division

1of hearings and appeals has assigned a hearing examiner may file a written request
2with the hearing examiner, not later than 10 days after receipt of the notice under
3s. 227.44 (1), for a substitution of a new hearing examiner.
AB582,14,4 4(2) No person may file more than one request under sub. (1) for a single hearing.
AB582,14,9 5(3) Upon receipt of a request under sub. (1), the hearing examiner shall have
6no further jurisdiction in the matter except to determine if the request was made
7timely and in proper form. If the request was made timely and in proper form, the
8hearing examiner shall transfer the matter to another hearing examiner and shall
9transmit to the new hearing examiner all materials relating to the matter.
AB582,14,13 10(4) If the hearing examiner fails to make a determination as to allowing the
11substitution within 7 days, the hearing examiner shall refer the matter to the
12administrator of the division of hearings and appeals for the determination and, if
13proper, the assignment of a substitute hearing examiner.
AB582,31 14Section 31. 236.45 (2) (am) (intro.) of the statutes, as affected by 2015
15Wisconsin Act 48
, is amended to read:
AB582,15,816 236.45 (2) (am) (intro.) Ordinances under par. (ac) may include provisions
17regulating divisions of land into parcels larger than 1 1/2 acres or divisions of land
18into less than 5 parcels, and, except as provided in s. 59.69 (4) (intro.) and subject to
19s. 66.1002,
may prohibit the division of land in areas where such prohibition will
20carry out the purposes of this section. Such ordinances shall make applicable to such
21divisions all of the provisions of this chapter, or may provide other surveying,
22monumenting, mapping and approving requirements for such division. The
23governing body of the municipality, town, or county shall require that a plat of such
24division be recorded with the register of deeds and kept in a book provided for that
25purpose or stored electronically. "COUNTY PLAT," "MUNICIPAL PLAT," or "TOWN

1PLAT" shall be printed on the map in prominent letters with the location of the land
2by government lot, recorded private claim, quarter-quarter section, section,
3township, range, and county noted. When so recorded, the lots included in the plat
4shall be described by reference to "COUNTY PLAT," "MUNICIPAL PLAT," or
5"TOWN PLAT," the name of the plat and the lot and block in the plat, for all purposes,
6including those of assessment, taxation, devise, descent, and conveyance as defined
7in s. 706.01 (4). Such ordinance, insofar as it may apply to divisions of less than 5
8parcels, shall not apply to:
AB582,32 9Section 32. 700.28 of the statutes is created to read:
AB582,15,12 10700.28 Prohibiting unreasonable restrictions on alienation of
11property.
(1) In this section, "political subdivision" means a city, village, town, or
12county.
AB582,15,14 13(2) A political subdivision may not prohibit or unreasonably restrict a real
14property owner from alienating any interest in the real property.
AB582,33 15Section 33. 706.22 (title) of the statutes, as created by 2015 Wisconsin Act 55,
16is amended to read:
AB582,15,18 17706.22 (title) Prohibition on imposing time-of-sale, purchase, or
18occupancy
requirements.
AB582,34 19Section 34. 706.22 (2) (title) of the statutes, as created by 2015 Wisconsin Act
2055
, is amended to read:
AB582,15,2221 706.22 (2) (title) Requirements tied to sale, purchase, or taking occupancy
22of property prohibited.
AB582,35 23Section 35. 706.22 (2) (a) (intro.) of the statutes, as created by 2015 Wisconsin
24Act 55
, is amended to read:
AB582,16,2
1706.22 (2) (a) (intro.) Except as provided in par. (b), no local governmental unit
2may by ordinance, resolution, or any other means restrict do any of the following:
AB582,16,8 31m. Restrict the ability of an owner of real property to sell or otherwise transfer
4title to or refinance the property by requiring the owner or an agent of the owner to
5take certain actions with respect to the property or pay a related fee, to show
6compliance with taking certain actions with respect to the property, or to pay a fee
7for failing to take certain actions with respect to the property, at any of the following
8times:
AB582,36 9Section 36. 706.22 (2) (a) 1. of the statutes, as created by 2015 Wisconsin Act
1055
, is renumbered 706.22 (2) (a) 1m. a.
AB582,37 11Section 37. 706.22 (2) (a) 2. of the statutes, as created by 2015 Wisconsin Act
1255
, is renumbered 706.22 (2) (a) 1m. b.
AB582,38 13Section 38. 706.22 (2) (a) 2m. of the statutes is created to read:
AB582,16,1814 706.22 (2) (a) 2m. Restrict the ability of a person to purchase or take title to real
15property by requiring the person or an agent of the person to take certain actions with
16respect to the property or pay a related fee, to show compliance with taking certain
17actions with respect to the property, or to pay a fee for failing to take certain actions
18with respect to the property, at any of the following times:
AB582,16,1919 a. Before the person may complete the purchase of or take title to the property.
AB582,16,2020 b. At the time of completing the purchase of or taking title to the property.
AB582,16,2221 c. Within a certain period of time after completing the purchase of or taking title
22to the property.
AB582,39 23Section 39. 706.22 (2) (a) 3. of the statutes, as created by 2015 Wisconsin Act
2455
, is renumbered 706.22 (2) (a) 1m. c.
AB582,40 25Section 40. 706.22 (2) (a) 3m. of the statutes is created to read:
AB582,17,6
1706.22 (2) (a) 3m. Restrict the ability of a purchaser of or transferee of title to
2residential real property to take occupancy of the property by requiring the
3purchaser or transferee or an agent of the purchaser or transferee to take certain
4actions with respect to the property or pay a related fee, to show compliance with
5taking certain actions with respect to the property, or to pay a fee for failing to take
6certain actions with respect to the property, at any of the following times:
AB582,17,77 a. Before the purchaser or transferee may take occupancy of the property.
AB582,17,88 b. At the time of taking occupancy of the property.
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