66.032(1)(k)
(k) "Solar energy" means direct radiant energy received from the sun.
66.032(1)(L)
(L) "Standard time" means the solar time of the ninetieth meridian west of Greenwich.
66.032(1)(m)
(m) "Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy.
66.032(2)
(2) Permit procedure. The governing body of every municipality may provide for granting a permit. A permit may not affect any land except land which, at the time the permit is granted, is within the territorial limits of the municipality or is subject to an extraterritorial zoning ordinance adopted under
s. 62.23 (7a), except that a permit issued by a city or village may not affect extraterritorial land subject to a zoning ordinance adopted by a county or a town. The governing body may appoint itself as the agency to process applications or may create or designate another agency to grant permits. The governing body may provide by ordinance that a fee be charged to cover the costs of processing applications. The governing body may adopt an ordinance with any provision it deems necessary for granting a permit under this section, including but not limited to:
66.032(2)(b)
(b) Defining an impermissible interference to include vegetation planted before the date the last notice is mailed or delivered under
sub. (3) (b), provided that the permit holder shall be responsible for the cost of trimming such vegetation.
66.032(3)(a)(a) In a municipality which provides for granting a permit under this section, an owner who has installed or intends to install a solar collector or wind energy system may apply to an agency for a permit.
66.032(3)(b)
(b) An agency shall determine if an application is satisfactorily completed and shall notify the applicant of its determination. If an applicant receives notice that an application has been satisfactorily completed, the applicant shall deliver by certified mail or by hand a notice to the owner of any property which the applicant proposes to be restricted by the permit under
sub. (7). The applicant shall submit to the agency a copy of a signed receipt for every notice delivered under this paragraph. The agency shall supply the notice form. The information on the form may include, without limitation because of enumeration:
66.032(3)(b)1.
1. The name and address of the applicant, and the address of the land upon which the solar collector or wind energy system is or will be located.
66.032(3)(b)2.
2. That an application has been filed by the applicant.
66.032(3)(b)3.
3. That the permit, if granted, may affect the rights of the notified owner to develop his or her property and to plant vegetation.
66.032(3)(b)4.
4. The telephone number, address and office hours of the agency.
66.032(3)(b)5.
5. That any person may request a hearing under
sub. (4) within 30 days after receipt of the notice, and the address and procedure for filing the request.
66.032(4)
(4) Hearing. Within 30 days after receipt of the notice under
sub. (3) (b), any person who has received a notice may file a request for a hearing on the granting of a permit or the agency may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the agency determines that a hearing is necessary, the agency shall conduct a hearing on the application within 90 days after the last notice is delivered. At least 30 days prior to the hearing date, the agency shall notify the applicant, all owners notified under
sub. (3) (b) and any other person filing a request of the time and place of the hearing.
66.032(5)(a)(a) The agency shall grant a permit if the agency determines that:
66.032(5)(a)1.
1. The granting of a permit will not unreasonably interfere with the orderly land use and development plans of the municipality;
66.032(5)(a)2.
2. No person has demonstrated that she or he has present plans to build a structure that would create an impermissible interference by showing that she or he has applied for a building permit prior to receipt of a notice under
sub. (3) (b), has expended at least $500 on planning or designing such a structure or by submitting any other credible evidence that she or he has made substantial progress toward planning or constructing a structure that would create an impermissible interference; and
66.032(5)(a)3.
3. The benefits to the applicant and the public will exceed any burdens.
66.032(5)(b)
(b) An agency may grant a permit subject to any condition or exemption the agency deems necessary to minimize the possibility that the future development of nearby property will create an impermissible interference or to minimize any other burden on any person affected by granting the permit. Such conditions or exemptions may include but are not limited to restrictions on the location of the solar collector or wind energy system and requirements for the compensation of persons affected by the granting of the permit.
66.032(6)
(6) Record of permit. If an agency grants a permit:
66.032(6)(a)
(a) The agency shall specify the property restricted by the permit under
sub. (7) and shall prepare notice of the granting of the permit. The notice shall include the identification required under
s. 706.05 (2) (c) for the owner and the property upon which the solar collector or wind energy system is or will be located and for any owner and property restricted by the permit under
sub. (7), and shall indicate that the property may not be developed and vegetation may not be planted on the property so as to create an impermissible interference with the solar collector or wind energy system which is the subject of the permit unless the permit affecting the property is terminated under
sub. (9) or unless an agreement affecting the property is filed under
sub. (10).
66.032(6)(b)
(b) The applicant shall record with the register of deeds of the county in which the property is located the notice under
par. (a) for each property specified under
par. (a) and for the property upon which the solar collector or wind energy system is or will be located.
66.032(7)
(7) Remedies for impermissible interference. 66.032(7)(a)(a) Any person who uses property which he or she owns or permits any other person to use the property in a way which creates an impermissible interference under a permit which has been granted or which is the subject of an application shall be liable to the permit holder or applicant for damages, except as provided under
par. (b), for any loss due to the impermissible interference, court costs and reasonable attorney fees unless:
66.032(7)(a)1.
1. The building permit was applied for prior to receipt of a notice under
sub. (3) (b) or the agency determines not to grant a permit after a hearing under
sub. (4).
66.032(7)(b)
(b) A permit holder is entitled to an injunction to require the trimming of any vegetation which creates or would create an impermissible interference as defined under
sub. (1) (f). If the court finds on behalf of the permit holder, the permit holder shall be entitled to a permanent injunction, damages, court costs and reasonable attorney fees.
66.032(8)
(8) Appeals. Any person aggrieved by a determination by a municipality under this section may appeal the determination to the circuit court for a review.
66.032(9)
(9) Termination of solar or wind access rights. 66.032(9)(a)(a) Any right protected by a permit under this section shall terminate if the agency determines that the solar collector or wind energy system which is the subject of the permit is:
66.032(9)(a)1.
1. Permanently removed or is not used for 2 consecutive years, excluding time spent on repairs or improvements.
66.032(9)(a)2.
2. Not installed and functioning within 2 years after the date of issuance of the permit.
66.032(9)(b)
(b) The agency shall give the permit holder written notice and an opportunity for a hearing on a proposed termination under
par. (a).
66.032(9)(c)
(c) If the agency terminates a permit, the agency may charge the permit holder for the cost of recording and record a notice of termination with the register of deeds, who shall record the notice with the notice recorded under
sub. (6) (b) or indicate on any notice recorded under
sub. (6) (b) that the permit has been terminated.
66.032(10)
(10) Waiver. A permit holder by written agreement may waive all or part of any right protected by a permit. A copy of such agreement shall be recorded with the register of deeds, who shall record such copy with the notice recorded under
sub. (6) (b).
66.032(11)
(11) Preservation of rights. The transfer of title to any property shall not change the rights and duties under this section or under an ordinance adopted under
sub. (2).
66.032(12)(a)(a) This section may not be construed to require that an owner obtain a permit prior to installing a solar collector or wind energy system.
66.032(12)(b)
(b) This section may not be construed to mean that acquisition of a renewable energy resource easement under
s. 700.35 is in any way contingent upon the granting of a permit under this section.
66.032 Annotation
Common law right to solar access discussed. Prah v. Maretti, 108 W (2d) 223, 321 NW (2d) 182 (1982).
66.032 Annotation
Wisconsin recognizes the power of the sun: Prah v. Maretti and the solar access act. 1983 WLR 1263.
66.033
66.033
Municipal control of vegetation blocking solar or wind energy systems. Any county, city, village or town may provide by ordinance for the trimming of vegetation which blocks solar energy, as defined in
s. 66.032 (1) (k), from a collector surface, as defined under
s. 700.41 (2) (b) or which block wind from a wind energy system, as defined in
s. 66.032 (1) (m). The ordinance may include, but is not limited to, a designation of responsibility for the costs of the trimming. The ordinance may not require the trimming of vegetation that was planted by the owner or occupant of the property on which the vegetation is located before the installation of the solar or wind energy system.
66.035
66.035
Code of ordinances. The governing body of any city, village, town or county may authorize the preparation of a code, or part thereof, of general ordinances of such municipality. Such code, or part thereof, may be enacted by an ordinance referring thereto and may be published in book or pamphlet form and such publication shall be sufficient even though the ordinances contained therein were not published in accordance with
ss. 59.14,
60.80,
61.50 (1) and
62.11 (4) (a). A copy of such code, or part thereof, shall be permanently on file and open to public inspection in the office of the clerk after its enactment and for a period of not less than 2 weeks before its enactment. A code enacted by a county in accordance with the procedure provided in this section prior to April 30, 1965 shall be valid notwithstanding failure to comply with
s. 59.14.
66.035 Annotation
Codification and publication of ordinances discussed. 70 Atty. Gen. 124.
66.036
66.036
Building on unsewered property. 66.036(1)
(1) No county, city, town or village may issue a building permit for construction of any structure requiring connection to a private domestic sewage treatment and disposal system unless a system satisfying all applicable regulations already exists to serve the proposed structure or all permits necessary to install such a system have been obtained.
66.036(2)
(2) Before issuing a building permit for construction of any structure on property not served by a municipal sewage treatment plant, the county, city, town or village shall determine that the proposed construction does not interfere with a functioning private domestic sewage treatment and disposal system. The county, city, town or village may require building permit applicants to submit a detailed plan of the owner's existing private domestic sewage treatment and disposal system.
66.036 History
History: 1977 c. 258.
66.036 Annotation
Onsite inspection of existing private sewage system must be made before building permit may be issued for any type of construction requiring a connection to that system.
75 Atty. Gen. 38.
66.037
66.037
Historic properties. 66.037(1)(b)
(b) "Political subdivision" means a city, village, town or county.
66.037(2)
(2) Acquisition of property. A political subdivision may acquire by gift, purchase or condemnation any property right in historic property, whether the property is real or personal.
66.037(3)
(3) Ownership, use and disposition of property. 66.037(3)(a)(a) A political subdivision may preserve or rehabilitate any historic property which it owns, construct buildings on that property, own and maintain that property for public purposes or lease or convey that property.
66.037(3)(b)
(b) If a political subdivision leases to another person historic property, the political subdivision shall include provisions in the lease which protect the historic character and qualities of that property. If the political subdivision conveys historic property, the political subdivision shall obtain a conservation easement under
s. 700.40 to protect the historic character and qualities of the property.
66.037(4)
(4) Consideration of effects on historic properties. 66.037(4)(a)(a) In the earliest stage of planning any action related to the following, a political subdivision shall determine if its proposed action will affect any historic property which is a listed property, as defined under
s. 44.31 (4), or which is on the list of locally designated historic places under
s. 44.45:
66.037(4)(b)
(b) A political subdivision shall notify the state historic preservation officer of any proposed action which it determines under
par. (a) would affect any historic property.
66.037(5)
(5) Grants. A political subdivision may make grants of funds to any public or private entity for the purpose of preserving or rehabilitating historic property.
66.037 History
History: 1987 a. 395;
1989 a. 31.
66.038
66.038
Nonmetallic mining reclamation. 66.038(1)
(1)
Definitions. As used in this section:
66.038(1)(b)
(b) "Nonmetallic mining" or "nonmetallic mining operation" means operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates such as stone, sand and gravel and nonmetallic minerals such as asbestos, beryl, clay, feldspar, peat and talc, related operations or activities such as excavation, grading or dredging if the purpose of those operations or activities is the extraction of mineral aggregates and nonmetallic minerals and related processes such as crushing, screening, scalping, dewatering and blending.
66.038(1)(c)
(c) "Nonmetallic mining refuse" means waste soil, rock, mineral, liquid, vegetation and other waste material resulting from a nonmetallic mining operation. This term does not include merchantable by-products resulting directly from or displaced by the nonmetallic mining operation.
66.038(1)(d)
(d) "Nonmetallic mining site" or "site" means the location where a nonmetallic mining operation is proposed or conducted including all surface areas from which materials are removed, related storage and processing areas, areas where nonmetallic mining refuse is deposited and areas disturbed by the nonmetallic mining operation by activities such as the construction or improvement of roads or haulageways.
66.038(1)(e)
(e) "Operator" means any person who is engaged in a nonmetallic mining operation or nonmetallic mining site reclamation or who applies for or holds a nonmetallic mining permit issued under a nonmetallic mining reclamation ordinance whether individually, jointly or through subsidiaries, agents, employes, contractors or subcontractors.
66.038(1)(f)
(f) "Reclamation" means the rehabilitation of a nonmetallic mining site including but not limited to removal of nonmetallic mining refuse, grading of the site, replacement of topsoil, stabilization of soil conditions, establishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution, construction of fences and, if practical, restoration of plant, fish and wildlife habitat.
66.038(1)(g)
(g) "Replacement of topsoil" means the replacement of the topsoil which was removed or disturbed by a nonmetallic mining operation or the provision of soil which is at least as adequate as the topsoil which was removed or disturbed for the purposes of providing adequate vegetative cover and stabilization of soil conditions.
66.038(2)
(2) Authority to adopt ordinance. The governing body of a county, city, village or town may adopt by ordinance regulations for the reclamation of nonmetallic mining sites.
66.038(3)(a)1.1. Except as provided under
subd. 2., a county nonmetallic mining reclamation ordinance is applicable to each town within that county and does not require approval of the town board under
s. 59.69 (5) (c).
66.038(3)(a)2.
2. A county nonmetallic mining ordinance is not applicable to a town with a town nonmetallic mining ordinance which is at least as restrictive as the county ordinance.
66.038(3)(a)3.
3. A county nonmetallic mining reclamation ordinance supersedes all less restrictive town nonmetallic mining reclamation ordinances and any less restrictive town nonmetallic mining reclamation ordinance becomes invalid upon the effective date of the superseding county ordinance.
66.038(3)(a)4.
4. A town may not adopt or enforce a less restrictive town nonmetallic mining reclamation ordinance after the effective date of a county nonmetallic mining reclamation ordinance.
66.038(3)(am)
(am)
Multiple county mining operations. A county nonmetallic mining reclamation ordinance is not applicable to a nonmetallic mining reclamation site located in more than one county unless:
