66.0316(5)(b)3.
3. Make a cost-benefit determination based on the findings under
subds. 1. and
2.
66.0316(5)(b)4.
4. Determine whether a private person can provide the governmental service at a cost savings to the political subdivision providing the service and at a quality at least equal to the quality of the service provided by the political subdivision.
66.0316(5)(b)5.
5. If the council decides that a governmental service is not suitable for delegating to a private person, determine whether the governmental service should be retained in its present form, modified, or eliminated.
66.0316(5)(c)
(c) After completing an analysis under
par. (b), the council shall make a recommendation to the political subdivision providing the governmental service analyzed under
par. (b) and publish the council's recommendation. The recommendation shall specify the recommendation's impact on the political subdivision and the political subdivision's employees.
66.0316(6)
(6) Training and assistance. The board of regents of the University of Wisconsin System shall direct the extension to assist councils created under this section in performing their duties under
subs. (4) and
(5). The board of regents shall ensure that council members are trained in how to do all of the following:
66.0316(6)(b)
(b) Determine ways to improve the efficiency of delivering a governmental service.
66.0316(6)(c)
(c) Establish, quantify, and monitor performance standards.
66.0316(7)(a)(a) On or before June 30, 2002, each council shall submit a report to the department describing the council's activities.
66.0316(7)(b)
(b) On or before June 30, 2003, each council shall submit a final report to the department describing the council's activities and recommendations and the extent to which its recommendations have been adopted by the political subdivision with which the council is affiliated. A report submitted under this paragraph shall provide a detailed explanation of all analyses conducted under
subs. (4) and
(5).
66.0316(7)(c)
(c) On or before July 31, 2003, the department shall submit a report concerning the activities and recommendations described in the reports submitted under
pars. (a) and
(b) to the legislature under
s. 13.172 (2) and to the governor. The department's report shall describe ways to implement such recommendations statewide.
66.0316 History
History: 2001 a. 16.
66.0317
66.0317
Cooperation region. 66.0317(1)(a)
(a) "Cooperation region" means a federal standard metropolitan statistical area. For purposes of this section, if only a part of a county is located in a federal standard metropolitan statistical area the entire county is considered to be located in the federal standard metropolitan statistical area.
66.0317(1)(c)
(c) "Metropolitan service delivery" means any governmental service provided to a city that is provided by the city or by another city or by a town, village, or county and provided on a multijurisdictional basis.
66.0317(1)(d)
(d) "Municipality" means any city, village, or town.
66.0317(2)(a)1.1. Except as provided in
subd. 3., beginning in 2003, a municipality shall enter into an area cooperation compact with at least 2 municipalities or counties located in the same cooperation region as the municipality, or with any combination of at least 2 such entities, to perform at least 2 governmental services.
66.0317(2)(a)3.
3. A municipality that is not adjacent to at least 2 other municipalities located in the same cooperation region as the municipality may enter into a cooperation compact with any adjacent municipality or with the county in which the municipality is located to perform the number of governmental services as specified under
subd. 1.
66.0317(2)(b)
(b) An area cooperation compact shall provide a plan for any municipalities or counties that enter into the compact to collaborate to provide governmental services. The compact shall provide benchmarks to measure the plan's progress and provide outcome-based performance measures to evaluate the plan's success. Municipalities and counties that enter into the compact shall structure the compact in a way that results in significant tax savings to taxpayers within those municipalities and counties.
66.0317 History
History: 2001 a. 16,
106;
2005 a. 164.
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. 66.0403 (1) (m), unless the restriction satisfies one of the following conditions:
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 that blocks solar energy, as defined in
s. 66.0403 (1) (k), from a collector surface, as defined under
s. 700.41 (2) (b), or that blocks wind from a wind energy system, as defined in
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 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;
2001 a. 30.
66.0401 Annotation
This section is a legislative restriction on the ability of municipalities to regulate solar and wind energy systems. The statute is not superceded by s. 66.0403 or municipal zoning or conditional use powers. A municipality's consideration of an application for a conditional use permit for a system under this section must be in light of the restrictions placed on local regulation by this section. State ex rel. Numrich v. City of Mequon Board of Zoning Appeals, 2001 WI App 88,
242 Wis. 2d 677,
626 N.W.2d 366,
00-1643.
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) (d), 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).
66.0403(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.
66.0403(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).
