66.0309(14)(d)2.
2. If a local governmental unit does not elect to arbitrate, it may institute a proceeding for judicial review under
ch. 227.
66.0309(14)(e)
(e) By agreement between the regional planning commission and a local governmental unit, special compensation to the commission for unique and special services provided to the local governmental unit may be arranged.
66.0309(14)(f)
(f) The regional planning commission may accept from any local governmental unit supplies, the use of equipment, facilities and office space and the services of personnel as part or all of the financial support assessed against the local governmental unit.
66.0309(15)
(15) Dissolution of regional planning commissions. Upon receipt of certified copies of resolutions recommending the dissolution of a regional planning commission adopted by the governing bodies of a majority of the local units in the region, including the county board of any county, part or all of which is within the region, and upon a finding that all outstanding indebtedness of the commission has been paid and all unexpended funds returned to the local units which supplied them, or that adequate provision has been made for the outstanding indebtedness or unexpended funds, the governor shall issue a certificate of dissolution of the commission which shall then cease to exist.
66.0309(16)
(16) Withdrawal. Within 90 days of the issuance by the governor of an order creating a regional planning commission, any local unit of government within the boundaries of the region may withdraw from the jurisdiction of the commission by a two-thirds vote of the members-elect of the governing body after a public hearing. Notice of withdrawal shall be given to the commission by registered mail not more than 3 nor less than 2 weeks before withdrawal and by publication of a class 2 notice, under
ch. 985. A local unit may withdraw from a regional planning commission at the end of any fiscal year by a two-thirds vote of the members-elect of the governing body taken at least 6 months before the effective date of the withdrawal. However, the local unit shall be responsible for its allocated share of the contractual obligations of the regional planning commission continuing beyond the effective date of its withdrawal.
66.0309 Annotation
Withdrawal from the commission by a municipality has no effect on the county's authority to contract with the commission under this section. Tanck v. Dane County Regional Planning Commission,
81 Wis. 2d 76,
260 N.W.2d 18.
66.0309 Annotation
With respect to claims of contractual interference and civil conspiracy, a plan commission is immune from suit. Busse v. Dane County Regional Planning Comm.
181 Wis. 2d 527,
510 N.W.2d 136 (Ct. App. 1993).
66.0309 Annotation
The representation provisions of sub. (3) do not violate the one man, one vote principle. 62 Atty. Gen. 136.
66.0309 Annotation
Appointments to regional planning commissions on behalf of a county, under sub. (3) (b), are made by the county board unless the county has a county executive or a county administrator, in which event such appointments are made by that county officer under the authority set forth in either s. 59.032 (2) (c) or 59.033 (2) (c). 62 Atty. Gen. 197.
66.0309 AnnotationCommission employees have indemnity protection under s. 895.46 (1) (a).
77 Atty. Gen. 142.
66.0309 Annotation
The boundaries of existing multicounty regional planning commissions may only be altered following their dissolution under sub. (15).
81 Atty. Gen. 70.
66.0311
66.0311
Intergovernmental cooperation in financing and undertaking housing projects. 66.0311(2)(a)
(a) To issue bonds or obtain other types of financing in furtherance of its statutory purposes may cooperate with any other municipality, housing authority, development authority or redevelopment authority similarly authorized under
ss. 66.1201 to
66.1211 and
66.1301 to
66.1337 for the purpose of jointly issuing bonds or obtaining other types of financing.
66.0311(2)(b)
(b) To plan, undertake, own, construct, operate and contract with respect to any housing project in accordance with its statutory purposes under
ss. 66.1201 to
66.1211 and
66.1301 to
66.1337, may cooperate for the joint exercise of such functions with any other municipality, housing authority, development authority or redevelopment authority so authorized.
66.0311 History
History: 1999 a. 150 ss.
80,
350; Stats. 1999 s. 66.0311.
66.0313
66.0313
Law enforcement; mutual assistance. 66.0313(2)
(2) Upon the request of any law enforcement agency, including county law enforcement agencies as provided in
s. 59.28 (2), the law enforcement personnel of any other law enforcement agency may assist the requesting agency within the latter's jurisdiction, notwithstanding any other jurisdictional provision. For purposes of
ss. 895.35 and
895.46, law enforcement personnel, while acting in response to a request for assistance, shall be deemed employees of the requesting agency.
66.0313 History
History: 1999 a. 150 ss.
81,
362,
363; Stats. 1999 s. 66.0313.
66.0313 Annotation
The statutes do not permit the creation of a separate regional law enforcement agency; neither the sheriff nor the county board has power to delegate supervisory or law enforcement powers to such an agency. 63 Atty. Gen. 596.
66.0313 AnnotationA request for assistance may be implicit. United States v. Mattes,
687 F.2d 1039 (1982).
66.0315
66.0315
Municipal cooperation; federal rivers, harbors or water resources projects. A county, town, city or village acting under its powers and in conformity with state law may enter into an agreement with an agency of the federal government to cooperate in the construction, operation or maintenance of any federally authorized rivers, harbors or water resources management or control project or to assume any potential liability appurtenant to a project and may do all things necessary to consummate the agreement. If a project will affect more than one municipality, the municipalities affected may jointly enter into an agreement under this section with an agency of the federal government carrying any terms and provisions concerning the division of costs and responsibilities that are mutually agreed upon. The affected municipalities may by agreement submit any determinations of the division of construction costs, responsibilities, or any other liabilities among them to an arbitration board. The determination of the arbitration board shall be final. This section shall not be construed as a grant or delegation of power or authority to any county, town, city, village or other local municipality to do any work in or place any structures in or on any navigable water except as it is otherwise expressly authorized by state law to do.
66.0315 History
History: 1999 a. 150 s.
456; Stats. 1999 s. 66.0315.
REGULATION
66.0401
66.0401
Regulation relating to solar and wind energy systems. 66.0401(1)(1)
Authority to restrict systems limited. No county, city, town or village may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in
s. 13.48 (2) (h) 1. g., or a wind energy system, as defined in
s. 66.0415 (1) (m) [
s. 66.0403 (1) (m)], unless the restriction satisfies one of the following conditions:
66.0401 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
66.0401(1)(a)
(a) Serves to preserve or protect the public health or safety.
66.0401(1)(b)
(b) Does not significantly increase the cost of the system or significantly decrease its efficiency.
66.0401(1)(c)
(c) Allows for an alternative system of comparable cost and efficiency.
66.0401(2)
(2) Authority to require trimming of blocking vegetation. A county, city, village or town may provide by ordinance for the trimming of vegetation which blocks solar energy, as defined in
s. 66.0415 (1) (k) [
s. 66.0403 (1) (k)], from a collector surface, as defined under
s. 700.41 (2) (b), or which blocks wind from a wind energy system, as defined in
s. 66.0415 (1) (m) [
s. 66.0403 (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.
66.0401 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
66.0401 History
History: 1981 c. 354;
1981 c. 391 s.
210;
1993 a. 414;
1999 a. 150 ss.
78,
79,
84; Stats. 1999 s. 66.0401.
66.0403
66.0403
Solar and wind access permits. 66.0403(1)(a)
(a) "Agency" means the governing body of a municipality which has provided for granting a permit or the agency which the governing body of a municipality creates or designates under
sub. (2). "Agency" includes an officer or employee of the municipality.
66.0403(1)(b)
(b) "Applicant" means an owner applying for a permit under this section.
66.0403(1)(c)
(c) "Application" means an application for a permit under this section.
66.0403(1)(d)
(d) "Collector surface" means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. "Collector surface" does not include frames, supports and mounting hardware.
66.0403(1)(e)
(e) "Collector use period" means 9 a.m. to 3 p.m. standard time daily.
66.0403(1)(f)
(f) "Impermissible interference" means the blockage of wind from a wind energy system or solar energy from a collector surface or proposed collector surface for which a permit has been granted under this section during a collector use period if such blockage is by any structure or vegetation on property, an owner of which was notified under
sub. (3) (b). "Impermissible interference" does not include:
66.0403(1)(f)1.
1. Blockage by a narrow protrusion, including but not limited to a pole or wire, which does not substantially interfere with absorption of solar energy by a solar collector or does not substantially block wind from a wind energy system.
66.0403(1)(f)2.
2. Blockage by any structure constructed, under construction or for which a building permit has been applied for before the date the last notice is mailed or delivered under
sub. (3) (b).
66.0403(1)(f)3.
3. Blockage by any vegetation planted before the date the last notice is mailed or delivered under
sub. (3) (b) unless a municipality by ordinance under
sub. (2) defines impermissible interference to include such vegetation.
66.0403(1)(g)
(g) "Municipality" means any county with a zoning ordinance under
s. 59.69, any town with a zoning ordinance under
s. 60.61, any city with a zoning ordinance under
s. 62.23 (7), any 1st class city or any village with a zoning ordinance under
s. 61.35.
66.0403(1)(h)
(h) "Owner" means at least one owner, as defined under
s. 66.0217 (1) (c), of a property or the personal representative of at least one owner.
66.0403(1)(i)
(i) "Permit" means a solar access permit or a wind access permit issued under this section.
66.0403(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.
66.0403(1)(k)
(k) "Solar energy" means direct radiant energy received from the sun.
66.0403(1)(L)
(L) "Standard time" means the solar time of the ninetieth meridian west of Greenwich.
66.0403(1)(m)
(m) "Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy.
66.0403(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:
66.0403(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.
66.0403(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.
66.0403(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:
66.0403(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.
66.0403(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.
66.0403(3)(b)4.
4. The telephone number, address and office hours of the agency.
66.0403(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.
66.0403(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.
66.0403(5)(a)(a) The agency shall grant a permit if the agency determines that:
66.0403(5)(a)1.
1. The granting of a permit will not unreasonably interfere with the orderly land use and development plans of the municipality;
66.0403(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
66.0403(5)(a)3.
3. The benefits to the applicant and the public will exceed any burdens.
66.0403(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.
66.0403(6)
(6) Record of permit. If an agency grants a permit:
66.0403(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).
66.0403(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.
66.0403(7)
(7) Remedies for impermissible interference. 66.0403(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:
66.0403(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).
66.0403(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.
66.0403(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.
66.0403(9)
(9) Termination of solar or wind access rights. 66.0403(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:
66.0403(9)(a)1.
1. Permanently removed or is not used for 2 consecutive years, excluding time spent on repairs or improvements.
66.0403(9)(a)2.
2. Not installed and functioning within 2 years after the date of issuance of the permit.
66.0403(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).
