66.032(1)(j)
(j) "Solar collector" means a device, structure or a part of a device or structure a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy.
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
The 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
An onsite inspection of existing private sewage system must be made before a 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.
66.04
66.04
Appropriations. 66.04(1)(1)
Bonus to state institution. No appropriation or bonus of any kind, except for a donation, may be made by any town, village, or city, nor any municipal liability created nor tax levied, as a consideration or inducement to the state to locate any public educational, charitable, reformatory, or penal institution.
66.04(1m)
(1m) Payments for abortions and abortion-related activity restricted. 66.04(1m)(a)(a) No city, village or town or agency or subdivision of a city, village or town may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with
s. 20.927.
66.04(1m)(b)
(b) No city, village or town or agency or subdivision of a city, village or town may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if
s. 20.9275 (2) applies to the pregnancy program, project or service.
66.04(2)(a)(a) Any county, city, village, town, school district, drainage district, technical college district or other governing board as defined by
s. 34.01 (1) may invest any of its funds not immediately needed in any of the following:
66.04(2)(a)1.
1. Time deposits in any credit union, bank, savings bank, trust company or savings and loan association which is authorized to transact business in this state if the time deposits mature in not more than 3 years.
66.04(2)(a)2.
2. Bonds or securities issued or guaranteed as to principal and interest by the federal government, or by a commission, board or other instrumentality of the federal government.
66.04(2)(a)3.
3. Bonds or securities of any county, city, drainage district, technical college district, village, town or school district of this state.
66.04(2)(a)3s.
3s. Bonds issued by the University of Wisconsin Hospitals and Clinics Authority.
66.04(2)(a)4.
4. Any security which matures or which may be tendered for purchase at the option of the holder within not more than 7 years of the date on which it is acquired, if that security has a rating which is the highest or 2nd highest rating category assigned by Standard & Poor's corporation, Moody's investors service or other similar nationally recognized rating agency or if that security is senior to, or on a parity with, a security of the same issuer which has such a rating.
66.04(2)(a)5.
5. Securities of an open-end management investment company or investment trust, if the investment company or investment trust does not charge a sales load, if the investment company or investment trust is registered under the investment company act of 1940,
15 USC 80a-1 to
80a-64, and if the portfolio of the investment company or investment trust is limited to the following:
66.04(2)(a)5.a.
a. Bonds and securities issued by the federal government or a commission, board or other instrumentality of the federal government.
