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)(a)2. 2. A permit affecting the property is terminated under sub. (9).
66.032(7)(a)3. 3. An agreement affecting the property is filed under sub. (10).
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) (12)Construction.
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.
66.033 History History: 1981 c. 354; 1981 c. 391 s. 210; 1993 a. 414.
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 History History: 1983 a. 532 s. 36; 1993 a. 246; 1995 a. 201.
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 Note NOTE: Chapter 258, laws of 1977, which created this section, contains a prefatory note.
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)(1)Definitions. In this section:
66.037(1)(a) (a) "Historic property" has the meaning given under s. 44.31 (3).
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)(a)1. 1. Long-range planning for facilities development.
66.037(4)(a)2. 2. Any action under sub. (3).
66.037(4)(a)3. 3. Razing any historic property which it owns.
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)(a) (a) "Environmental pollution" has the meaning specified under s. 299.01 (4).
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) (3)Applicability of ordinance.
66.038(3)(a)(a) County ordinances.
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:
66.038(3)(am)1. 1. That nonmetallic mining reclamation ordinance is less restrictive than any other nonmetallic mining reclamation ordinance for a county within which the site is located;
66.038(3)(am)2. 2. No other county within which the site is located has a nonmetallic mining reclamation ordinance; or
66.038(3)(am)3. 3. All counties within which the site is located have nonmetallic mining ordinances which are identical with respect to the site.
66.038(3)(b) (b) Existing nonmetallic mining operations. A nonmetallic mining reclamation ordinance may apply to any portion of a nonmetallic mining site, including unreclaimed portions of a site which were mined prior to the effective date of the ordinance.
66.038(3)(c) (c) Nonmetallic mining in or near navigable waterways. A nonmetallic mining reclamation ordinance may not apply to any nonmetallic mining site or portion of a site which is subject to permit and reclamation requirements of the department of natural resources under ss. 30.19, 30.195 and 30.20.
66.038(3)(cm) (cm) Nonmetallic mining in connection with highway construction. A nonmetallic mining reclamation ordinance may apply to a nonmetallic mining operation which is subject to permit and reclamation requirements of the department of transportation. An operator shall comply with both the nonmetallic mining reclamation ordinance and the permit and reclamation requirements of the department of transportation except that if a conflict exists, the operator shall comply with the most restrictive requirement.
66.038(3)(d) (d) Public nonmetallic mining operations. A nonmetallic mining reclamation ordinance may not exempt from the permit requirements and reclamation standards a nonmetallic mining operation conducted by or on behalf of the state or a county, city, village or town. Notwithstanding s. 13.48 (13), a nonmetallic mining operation or facility operated or constructed for the benefit or use of the state or any state agency, board, commission or department shall comply with the permit requirements and reclamation standards of any applicable reclamation ordinance. A nonmetallic mining reclamation ordinance may exempt from the financial assurance requirements a nonmetallic mining operation conducted by or on behalf of the state or a county, city, village or town.
66.038(3)(e) (e) Exempt activities. A nonmetallic mining reclamation ordinance may not apply to the following activities:
66.038(3)(e)1. 1. Excavations or grading by a person solely for domestic use at his or her residence.
66.038(3)(e)1m. 1m. Excavations or grading conducted for highway construction purposes within the highway right-of-way.
66.038(3)(e)2. 2. Grading conducted for farming, preparing a construction site or restoring land following a flood or natural disaster.
66.038(3)(e)3. 3. Excavations for building construction purposes.
66.038(3)(e)4. 4. Any mining operation, the reclamation of which is required in a permit obtained under ch. 293.
66.038(3)(e)5. 5. Any activities conducted at a solid or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under subchs. II to IV of ch. 289 or a hazardous waste disposal facility under ch. 291 but a nonmetallic mining reclamation ordinance may apply to activities related to solid or hazardous waste disposal which are conducted at a nonmetallic mining site separate from the solid or hazardous waste disposal facility such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.
66.038(4) (4)Contents of nonmetallic mining reclamation ordinance. A nonmetallic mining reclamation ordinance may:
66.038(4)(a) (a) Reclamation standards. Establish nonmetallic mining site reclamation standards which may be applicable both during nonmetallic mining operations and after the termination of nonmetallic mining operations. A nonmetallic mining reclamation ordinance may establish different nonmetallic mining site reclamation standards for sites which were mined prior to the effective date of the ordinance and for sites which are mined on or after the effective date of the ordinance. These standards may include but are not limited to requirements related to the removal of nonmetallic mining refuse, construction of haulageways and roads, 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, protection or restoration of plant, fish and wildlife habitat.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?