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Law and Legislation2008 Legislative Updates (pdf files)
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 | Restores the ability of municipalities to accept a fee in lieu of park land dedication and improvements, provided that the fee bears a rational and proportionate relationship to the need for the improvement. |
| Prohibits a municipality from increasing development related “pass through” fees for engineering and legal services above the amount that it pays for the service. |
| Extends the time period during which impact fees must be used from seven years to ten years, and allows for a three year extension, provided that detailed, written findings are submitted to justify the extension. |
| Clarifies the dates by which fees collected prior to Act 203 must be used. |
| Changes the time at which impact fees must be paid to either a time mutually agreed to by the parties, or no later than the earliest of (a) five years after final approval of the development, (b) issuance of a building permit, or (c) issuance of an occupancy permit. |
| Provides that the dedication of lands in a subdivision plat for storm water facilities must be accepted when at least 80 percent of the lots in the subdivision have been sold and the storm water facilities are certified to be properly functioning. |
Approved by the Governor on 1-4-2008 - 2007 Wisconsin Act 44
AB 406 – Municipal Bids for Contracts Via the Internet – Under this bill, a political subdivision may solicit bids for certain public contracts by posting the bid request on the political subdivision’s Web site, if the posting is linked to the political subdivision’s home page. This Internet posting option applies to situations under which a political subdivision is currently required or authorized to publish a notice in a newspaper before the contract is executed. Also under the bill, if a political subdivision solicits bids for public contracts exclusively on its Web site, it must notify the public of this fact by publishing a notice in a newspaper at least twice each year.
AB 409 – Expanding Area of Tax Incremental Financing District Project Cost Expenditures – Currently, with one exception that applies to the area within a one-half mile radius of a Tax Incremental District (TID) in the city of Kenosha, project cost expenditures may be made only within the boundaries of the TID. This bill authorizes a city or village, other than Kenosha, to make or incur an expenditure for a project cost in an area that is within a radius of up to one-half mile of the TID’s boundaries, provided that the city’s or village’s proposed expenditure is approved by the joint review board.
AB 423 – Extraterritorial Plat Approval on the Basis of Land Use – Current law specifies whether a county, town, city, or village has the right to approve or object to a plat (the map of a subdivision). Generally, the location of the subdivision determines which local governmental unit or units have the right to approve the plat. If a subdivision lies in the unincorporated area within three miles of the corporate limits of a first, second, or third class city, however, the governing body of the city has the right to approve the plat under its extraterritorial plat approval jurisdiction, as well as the board of the town within which the subdivision lies and the planning agency of the county within which the subdivision lies if the planning agency employs on a full-time basis a professional engineer, a planner, or another person charged with administering zoning or other planning legislation. Approval of a plat is conditioned on the plat’s compliance with the local ordinances and comprehensive, master, or development plan of the local governmental unit or units that have the right to approve the plat.
In Wood v. City of Madison, 2003 WI 24, 260 Wis. 2d 71, 659 N.W. 2d 31, the
Supreme Court determined that a city with extraterritorial plat approval jurisdiction over a plat could object to the plat on the basis of the proposed use of land outside the city limits. Wood overruled Boucher Lincoln-Mercury v. Madison Plan Comm., 178 Wis. 2d 74, 503 N.W. 2d 265 (Ct. App. 1993), which held that extraterritorial plat approval or denial based on the use of the land in the plat is unilateral land use control (or zoning), and that the statutes require extraterritorial zoning to be a cooperative effort between the city and the town in which the zoning ordinance is in effect.
This bill prohibits a municipality (city or village) from denying approval of a plat on the basis of the proposed use of land within the extraterritorial plat approval jurisdiction of the municipality unless the denial is based on a plan or regulations adopted under the statute referred to in Boucher Lincoln-Mercury that sets out the requirements for the cooperative effort between the municipality and the town for extraterritorial zoning.
AB 543 – County Determination of Ordinary High-Water Mark – This bill provides that if there is a difference between the determination by a county and by the Department of Natural Resources (DNR) as to the location of an ordinary high−water mark on a lake, the county’s determination will prevail. The ordinary high−water mark is the point on the lakeshore where there is a distinctive mark that shows, by certain physical characteristics such as erosion marks or a change of vegetation, that the presence or action of surface water ends at that point. The area below the ordinary high−water mark is considered to be part of the lake bed and owned by the state. The ordinary high−water mark is also used in determining the rights of lakefront property owners and in determining shorelands for the purposes of zoning ordinances enacted by counties. These zoning ordinances must meet certain standards promulgated by DNR. Current state law defines a “shoreland” for the purposes of these ordinances as being the area within 1,000 feet of the ordinary high−water mark.
AB 599 – Creating Incentives for Historic Preservation and Promoting Downtown Areas in the State (Assembly companion bill to SB 331 below) This bill creates a number of new provisions that will facilitate the preservation and restoration of historic buildings. It also promotes redevelopment, revitalization and other investments in the state’s downtown areas and downtown business districts, including areas that are part of the State Main Street Program. Finally, the bill will require the Department of Transportation to consult with the Department of Commerce and municipal downtown planning organizations regarding any proposed highway projects that could affect downtown areas and downtown business districts, including visual and aesthetic effects of such projects.
AB
620 – Coordinated Transportation
and School Facility Planning - Current law requires the Department
of Transportation (DOT), when requested, to advise cities, villages, and towns
(municipalities) and counties with regard to the construction and maintenance
of any highway or bridge. AB 620 requires DOT, upon request of a school board
or governing body of a private or charter school, to review the site plan of
any proposed enlargement of school grounds or proposed construction or enlargement
of school buildings or facilities after the site plan has been reviewed by
the county traffic safety commission. In its review, DOT must determine the
effect of the proposed enlargement or construction on existing and anticipated
highways; provide guidance to the school board or governing body of a private
or charter school regarding transportation−related matters, such as roadways,
sidewalks, bicycle paths, and school bus loading and unloading areas, in a
manner that adequately protects children in the school zone, and ensures motor
vehicle and other access to the school.
The bill also requires DOT to make available
to any school board or governing body of a private or charter school safety
courses, educational materials, and other assistance related to ensuring the
convenience and safety of children and motor vehicle traffic in school zones.
The intent of this bill is to facilitate coordinated transportation and school facility planning in order to maintain and increase safety for students and teachers traveling to and from schools. Instead of planning for school facilities in a vacuum, this bill encourages local school boards to integrate good transportation planning into their school site plans whether they are building new schools or adding to existing facilities.
The scope of the
bill includes an analysis of the effect on existing or planned pedestrian,
bike and public transportation facilities in addition to highways in order
to ensure safe and convenient access to schools for pedestrians, bicyclists
and transit users, as well as motorists, for all community members who
use school facilities.
AB 641 - Requiring the Department of Natural Resources to grant easements over certain lands
This bill requires the Department of Natural Resources (DNR) to grant to a
landowner an easement over land under DNR’s jurisdiction or control (DNR land) to allow the landowner access to his or her own land. Under the bill, a landowner is entitled to an easement if the landowner was permitted a way of access over the DNR land by DNR’s predecessor in interest in the land and if DNR acquired the land for recreational use by the public. The bill generally requires the landowner to make a request to DNR for an easement within a year after DNR acquired the land. Under the bill, DNR may require the landowner to furnish written evidence that the landowner was permitted a way of access over the DNR land by the department’s predecessor in interest.
AB 718 – Delaying the Implementation Date of the Comprehensive Planning Statute
This bill delays the implementation date in current law from January 1, 2010,
until January 1, 2015.
SENATE BILLS
SB 7 (AB 21) - This bill makes numerous changes to laws governing mobile homes, manufactured homes, and the mobile and manufactured housing industry.
SB 15 - Under current law, the secretary of natural resources is nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. Under this bill, the Natural Resources Board appoints the secretary of natural resources. The change takes effect on January 3, 2011, which is inauguration day for most state constitutional officers.
SB 17 - Creation of charter towns and expanding TIF authority for towns
SB 29 - Current law imposes a fee of $3 per ton on solid waste, other than certain kinds of high−volume industrial waste, disposed of at a landfill or other waste disposal facility. This type of fee is often called a tipping fee. The recycling fee is deposited into the recycling fund. This bill increases the recycling fee to $10 per ton on April 1, 2008. The bill also increases funding by $48,000,000 in fiscal year 2008−09 for the program that provides financial assistance to local governmental units that operate recycling programs.
SB 36 - Under current law, if a town meeting authorizes a town board to do so, the town board may exercise powers relating to villages and conferred on village boards by statute, except those powers that conflict with statutes relating to towns and town boards. This bill authorizes a town board that is authorized to exercise village powers to adopt a resolution, which is subject to ratification in a referendum that the town board must call, declaring that it is a “charter town.” The bill allows the town board of a charter town to create a TIF district to the same extent as a city or village; it allows a charter town board to exercise certain zoning powers and exempts the town from being subject to certain city and village extraterritorial powers. This bill does not allow charter towns to annex territory or to engage in extraterritorial zoning or plat approval.
SB 40 - This bill is the “executive budget bill” under section 16.47 (1) of the statutes. It contains the governor’s recommendations for appropriations for the 2007−2009 fiscal biennium. The bill repeals and recreates the appropriation schedule in chapter 20 of the statutes, thereby setting the appropriation levels for the 2007−2009 fiscal biennium. The descriptions that follow relate to the most significant changes in the law that are proposed in the bill. In most cases, changes in the amounts of existing spending authority and changes in the amounts of bonding authority under existing bonding programs are not discussed. For additional information concerning this bill, see the Department of Administration’s publication Budget in Brief and the executive budget books, the Legislative Fiscal Bureau’s summary document, and the Legislative Reference Bureau’s drafting files, which contain separate drafts on each policy item. In most cases, the policy item drafts contain a more detailed analysis than is printed with this bill.
SB 81– Management
of Greenhouse Gases (also AB 157) – This bill proposes
the following:
1) Requires the Department of Natural Resources (DNR) to:
a. promulgate rules requiring the monitoring and reporting of greenhouse gas emissions by significant sources;
b. determine the level of greenhouse gas emissions in Wisconsin in 1990 (including emissions from the generation of all electricity used in this state);
c. by January 1, 2009 set a statewide greenhouse gas emission limit for 2020 that is equivalent to the 1990 level;d. identify measures for reducing greenhouse gas emissions;
e. make rules implementing the interim measures to take effect no later than January 1, 2011;
f. create a long-term plan for greenhouse gas emissions reduction;g. promulgate rules specifying greenhouse gas emission limits
2) Allows the governor to extend deadlines in the bill or in rules promulgated
under the bill in the event of extraordinary circumstances, catastrophic
events, or threat of significant economic harm.
3) Provides civil and criminal penalties for violations of the greenhouse
gas management provisions. The penalties are the same as under the
current air quality laws.
4) Authorizes DNR to impose fees on greenhouse gas emission sources that
are regulated under the bill.
5) Requires state agencies to take actions to reduce their greenhouse gas
emissions.
6) Creates two bodies to advise DNR about greenhouse gas management:
The Greenhouse Gas Management Environmental Justice Council and the Greenhouse Gas Management Economic and Technology Advancement Council.
SB 134 - This bill was developed and is recommended by the joint legislative council’s special committee on municipal annexation. The special committee was directed to review conflicts that arise under current annexation law and practice and the consequences of those conflicts, including costs to taxpayers and other affected parties, to determine if there is consensus on means to reduce annexation disputes and encourage more boundary cooperation between towns and cities or villages
SB 135 - This bill was developed and is recommended by the joint legislative council’s special committee on municipal annexation. The special committee was directed to review conflicts that arise under current annexation law and practice and the consequences of those conflicts, including costs to taxpayers and other affected parties, to determine if there is consensus on means to reduce annexation disputes and encourage more boundary cooperation between towns and cities or villages. Expands DOA advisory review beyond populous counties.
SB 202 – Authorizing
Local Governments to Issue Debt Related to Brownfields Revolving Loan Fund – Current law authorizes the Department of Natural Resources (DNR) to enter
into an agreement with the federal Environmental Protection Agency (EPA) to establish and administer a brownfields revolving loan program under which DNR makes loans or grants for the cleanup of brownfields. Local governments apply for and receive these DNR−administered funds either as a loan or as a grant, the proceeds of which are used for the cleanup of brownfields. Local governments also have general authority to issue municipal obligations in anticipation of receiving federal or state aids, which must be repaid in approximately 18 months. This bill grants specific authority to local units of government, including cities, villages, towns, counties, metropolitan sewerage districts, and town sanitary districts, to issue municipal obligations in anticipation of receiving proceeds from brownfields revolving loan program loans or grants. Such obligations must be repaid within 10 years or, if refinanced, within 20 years. The bill also specifies that local units of government may issue promissory notes, which must be repaid within 20 years, for public purposes related to the brownfields revolving loan program.
SB 331 – Creating Incentives for Historic Preservation and Promoting Downtown Areas in the State This bill creates a number of new provisions that will facilitate the preservation and restoration of historic buildings. It also promotes redevelopment, revitalization and other investments in the state’s downtown areas and downtown business districts, including areas that are part of the State Main Street Program. Finally, the bill will require the Department of Transportation to consult with the Department of Commerce and municipal downtown planning organizations regarding any proposed highway projects that could affect downtown areas and downtown business districts, including visual and aesthetic effects of such projects.
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