LRB-0388/1
MGG&MES:pgt/kmg/wlj:mrc
1999 - 2000 LEGISLATURE
March 1, 2000 - Introduced by Senators Risser, Burke and George, cosponsored
by Representatives Bock, Berceau and Miller. Referred to Agriculture,
Environmental Resources and Campaign Finance Reform.
SB428,1,5
1An Act to amend 20.370 (3) (ma), 30.12 (4) (a), 30.202 (3), 30.204 (5), 41.41 (8),
266.021 (7) (a), 66.023 (3) (e), 66.023 (7m), 66.024 (5m), 66.025, 70.32 (1g), 91.73
3(1), 289.33 (3) (d), 289.35 and 289.43 (7) (c); and
to create 66.427 of the statutes;
4relating to: zoning of upland environmental corridors, requiring the exercise
5of rule-making authority and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a county must enact specific zoning ordinances to regulate
activities in any shorelands that are in unincorporated areas of the county and a
village or city must enact specific zoning ordinances to regulate activities in wetlands
that are five acres or more in size and that are located in shorelands. These zoning
ordinances must comply with standards established by the department of natural
resources (DNR). Current law defines "shorelands" as lands within certain distances
of navigable waters.
This bill creates similar requirements for upland environmental corridors.
Under the bill, DNR must promulgate rules to establish criteria for determining
what are to be considered upland environmental corridors. DNR must also
promulgate rules to establish standards for identifying these corridors, including a
minimum size requirement.
Once DNR identifies these corridors, the regional planning commission for the
area in which each corridor is located must map the corridor. If a corridor is not under
the jurisdiction of such a planning commission, the county, city or village (local unit
of government) in which the corridor is located must either map the corridor or
contract with a regional planning commission to perform the mapping.
The bill requires DNR to promulgate rules to establish objectives for protecting
these corridors from land use practices that reduce the upland environmental
corridors' natural values, including objectives as to the amount and type of
development that may occur in upland environmental corridors. Each local unit of
government in which a upland environmental corridor is located must then enact an
ordinance that meets these objectives. If a local unit of government fails to do so
within one year after the mapping is completed, DNR must then enact an ordinance
for the local unit of government.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB428, s. 1
1Section
1. 20.370 (3) (ma) of the statutes is amended to read:
SB428,2,92
20.370
(3) (ma)
General program operations — state funds. From the general
3fund, the amounts in the schedule for regulatory and enforcement operations under
4chs. 30, 31 and 280 to 299, except s. 281.48, and ss. 44.47, 59.692, 59.693, 61.351,
561.354, 62.231, 62.234
, 66.427 and 87.30, for reimbursement of the conservation
6fund for expenses incurred for actions taken under s. 166.04; for review of
7environmental impact requirements under ss. 1.11 and 23.40; and for enforcement
8of the treaty-based, off-reservation rights to fish, hunt and gather held by members
9of federally recognized American Indian tribes or bands.
SB428,3,612
30.12
(4) (a) Activities affecting waters of the state as defined in s. 281.01 (18)
13that are carried out under the direction and supervision of the department of
14transportation in connection with highway, bridge or other transportation project
15design, location, construction, reconstruction, maintenance and repair are not
1subject to the prohibitions or permit or approval requirements specified under this
2section or s. 29.601, 30.11, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231
,
366.427 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the
4earliest practical time prior to the commencement of these activities, the department
5of transportation shall notify the department of the location, nature and extent of the
6proposed work that may affect the waters of the state.
SB428, s. 3
7Section
3. 30.202 (3) of the statutes is amended to read:
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30.202
(3) Exemption from statutes and rules. Dredge spoil disposal activities
9authorized under sub. (2) are exempt from any prohibition, restriction, requirement,
10permit, license, approval, authorization, fee, notice, hearing, procedure or penalty
11specified under s. 29.601, 30.01 to 30.20, 30.21 to 30.99, 59.692
, 66.427 or 87.30 or
12chs. 281 to 285 or 289 to 299, except s. 281.48, or specified in any rule promulgated,
13order issued or ordinance adopted under those sections or chapters.
SB428, s. 4
14Section
4. 30.204 (5) of the statutes is amended to read:
SB428,3,2215
30.204
(5) Exemption from certain statutes and rules. Activities of the
16department in conducting the lake acidification experiment are exempt from any
17prohibition, restriction, requirement, permit, license, approval, authorization, fee,
18notice, hearing, procedure or penalty specified under s. 29.601 (3), 30.01 to 30.03,
1930.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.692,
66.427, 87.30, 287.81, 299.15
20to 299.23, 299.91, 299.95 or 299.97 or chs. 281, 283 or 289 to 292 or specified in any
21rule promulgated, order issued or ordinance adopted under any of those sections or
22chapters.
SB428, s. 5
23Section
5. 41.41 (8) of the statutes is amended to read:
SB428,4,524
41.41
(8) Zoning. Notwithstanding ss. 13.48 (13) (a), 59.69 (4), 60.61 (2), 60.62
25(1), 61.35 and 62.23 (7), the Kickapoo valley reserve is not subject to the zoning
1ordinance of any county or municipality, except that any ordinance enacted under s.
259.692, 61.351, 62.231
, 66.427 87.30 governing the zoning of floodplains,
upland
3environmental corridors, shorelands or wetlands in shorelands and any ordinance
4that is required by law under s. 59.693, 61.354 or 62.234 governing construction site
5erosion control or storm water management applies in the reserve.
SB428, s. 6
6Section
6. 66.021 (7) (a) of the statutes is amended to read:
SB428,4,217
66.021
(7) (a) An ordinance for the annexation of the territory described in the
8annexation petition may be enacted by a two-thirds vote of the elected members of
9the governing body not less than 20 days after the publication of the notice of
10intention to circulate the petition and not later than 120 days after the date of filing
11with the city or village clerk of the petition for annexation or of the referendum
12election if favorable to the annexation. If the annexation is subject to sub. (11) the
13governing body shall first review the reasons given by the department of
14administration that the proposed annexation is against the public interest. Subject
15to
s. ss. 59.692 (7)
and 66.427 (5) (a) 5., such an ordinance may temporarily designate
16the classification of the annexed area for zoning purposes until the zoning ordinance
17is amended as prescribed in s. 62.23 (7) (d). Before introduction of an ordinance
18containing such temporary classification, the proposed classification shall be
19referred to and recommended by the plan commission. The authority to make such
20temporary classification shall not be effective when the county ordinance prevails
21during litigation as provided in s. 59.69 (7).
SB428, s. 7
22Section
7. 66.023 (3) (e) of the statutes is amended to read:
SB428,5,223
66.023
(3) (e)
Content of plan; compatibility with existing law. The cooperative
24plan shall describe how the plan is consistent with current state and federal laws,
1county shoreland zoning ordinances under
s. ss. 59.692
and 66.427, municipal
2regulations and administrative rules that apply to the territory affected by the plan.
SB428, s. 8
3Section
8. 66.023 (7m) of the statutes is amended to read:
SB428,5,154
66.023
(7m) Zoning in town territory. If a town is a party to a cooperative plan
5with a city or village, the town and city or village may agree, as part of the cooperative
6plan, to authorize the town, city or village to adopt a zoning ordinance under s. 60.61,
761.35 or 62.23 for all or a portion of the town territory covered by the plan. The
8exercise of zoning authority by a town under this subsection is not subject to s. 60.61
9(3) or 60.62 (3). If a county zoning ordinance applies to the town territory covered
10by the plan, that ordinance and amendments to it continue until a zoning ordinance
11is adopted under this subsection. If a zoning ordinance is adopted under this
12subsection, that zoning ordinance continues in effect after the planning period ceases
13until a different zoning ordinance for the territory is adopted under other applicable
14law. This subsection does not affect zoning ordinances
adopted that are in effect 15under ss. 59.692,
66.427, 87.30 or 91.71 to 91.78.
SB428, s. 9
16Section
9. 66.024 (5m) of the statutes is amended to read:
SB428,6,217
66.024
(5m) Temporary zoning of area proposed to be annexed. An interim
18zoning ordinance to become effective only upon approval of the annexation at the
19referendum election may be enacted by the governing body of the city or village.
20Subject to
s. ss. 59.692 (7)
and 66.427 (5) (a) 5., the ordinance may temporarily
21designate the classification of the annexed area for zoning purposes until the zoning
22ordinance is amended as prescribed in s. 62.23 (7) (d). The proposed interim zoning
23ordinance shall be referred to and recommended by the plan commission prior to
24introduction. Authority to make such temporary classification shall not be effective
1when the county zoning ordinance prevails during litigation as provided in s. 59.69
2(7).
SB428, s. 10
3Section
10. 66.025 of the statutes is amended to read:
SB428,6,17
466.025 Annexation of owned territory. In addition to other methods
5provided by law and subject to ss. 59.692 (7)
and, 66.023 (7)
and 66.427 (5) (a) 5.,
6territory owned by and lying near but not necessarily contiguous to a village or city
7may be annexed to a village or city by ordinance enacted by the board of trustees of
8the village or the common council of the city, provided that in the case of
9noncontiguous territory the use of the territory by the city or village is not contrary
10to any town or county zoning regulation. The ordinance shall contain the exact
11description of the territory annexed and the names of the towns from which
12detached, and shall operate to attach the territory to the village or city upon the filing
13of 6 certified copies thereof in the office of the secretary of state, together with 6 copies
14of a plat showing the boundaries of the territory attached. Two copies of the
15ordinance and plat shall be forwarded by the secretary of state to the department of
16transportation, one copy to the department of natural resources, one copy to the
17department of revenue and one copy to the department of public instruction.
SB428, s. 11
18Section
11. 66.427 of the statutes is created to read:
SB428,6,20
1966.427 Zoning of upland environmental corridors. (1) Definitions. In
20this section:
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(a) "Department" means the department of natural resources.
SB428,6,2222
(b) "Local unit of government" means a city, village or county.
SB428,6,2323
(c) "Shorelands" has the meaning given in s. 59.692 (1) (b).
SB428,7,2
24(2) Determination of upland environmental corridors. (a) The department
25shall promulgate rules that specify criteria for determining the types of areas that
1shall be included as upland environmental corridors on the maps under sub. (3). The
2types of areas may include:
SB428,7,44
2. Wetlands that are not located in shorelands.
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3. Wildlife habitat areas.
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4. Areas consisting of prairie communities.
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5. Areas of steep slope or rough topography.
SB428,7,108
(b) The department shall promulgate rules that establish standards for
9identifying and delineating upland environmental corridors, including minimum
10requirements for the sizes of these corridors.
SB428,7,1311
(c) Upland environmental corridors that meet the criteria and standards
12established by rule under this subsection shall be mapped as required under sub. (3)
13and are subject to the ordinances required under sub. (5).
SB428,7,20
14(3) Mapping. (a) Each regional planning commission shall map the upland
15environmental corridors within its region. If any part of a local unit of government
16is not under the jurisdiction of a regional planning commission, the local unit of
17government shall either map the upland environmental corridors within the
18boundaries of the local unit of government or shall contract with a regional planning
19commission to perform the mapping. The mapping required under this paragraph
20shall be completed before January 1, 2005.
SB428,7,2321
(b) If a regional planning commission or a local unit of government fails to
22complete the mapping before January 1, 2005, the department shall complete the
23mapping before January 1, 2006.
SB428,8,3
1(c) The department shall promulgate rules to be used by the department to
2review and certify the mapping performed by regional planning commissions and
3local units of government under this subsection.
