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AB917,12,1714 1. Regulates the location, maintenance, expansion, replacement, repair, or
15relocation of a nonconforming structure if that provision is more restrictive than the
16shoreland zoning standards for nonconforming structures promulgated by the
17department under this section.
AB917,12,2018 2. Regulates the construction of a structure or building on a substandard lot
19if that provision is more restrictive than the shoreland zoning standards for
20substandard lots promulgated by the department under this section.
AB917,34 21Section 34 . 59.692 (4) (b) of the statutes is amended to read:
AB917,13,222 59.692 (4) (b) Variances and appeals regarding shorelands within a county are
23for the board of adjustment for that county under s. 59.694, and the procedures of
24that section apply. Notwithstanding s. 59.694 (4), the department may not appeal
25a decision of the county to grant or deny a variance under this section but may, upon

1the request of a county board of adjustment, issue an opinion on whether a variance
2should be granted or denied.
AB917,35 3Section 35 . 59.692 (5m) of the statutes is repealed.
AB917,36 4Section 36 . 61.353 (3) (intro.) of the statutes is amended to read:
AB917,13,75 61.353 (3) (intro.) A village ordinance enacted under this section shall accord
6and be consistent with the requirements and limitations under s. 59.692 (1d), (1f),
7and (1k) and shall
include at least all of the following provisions:
AB917,37 8Section 37 . 61.353 (3) (c) of the statutes is created to read:
AB917,13,129 61.353 (3) (c) 1. A provision requiring a person who owns shoreland property
10that contains vegetation to maintain that vegetation in a vegetative buffer zone
11along the entire shoreline of the property and extending 35 feet inland from the
12ordinary high-water mark of the navigable water, except as provided in subd. 2.
AB917,13,1613 2. If the vegetation in a vegetative buffer zone contains invasive species or dead
14or diseased vegetation, the owner of the shoreland property may remove the
15vegetation, except that if the owner removes all of the vegetation in the vegetative
16buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
AB917,38 17Section 38 . 61.353 (3) (d) of the statutes is created to read:
AB917,13,2218 61.353 (3) (d) A provision allowing a person who is required to maintain or
19establish a vegetative buffer zone under par. (c) to remove all of the vegetation in a
20part of that zone in order to establish a viewing or access corridor that is no greater
21than 30 feet wide for every 100 feet of shoreline frontage and that extends no more
22than 35 feet inland from the ordinary high-water mark.
AB917,39 23Section 39 . 62.233 (3) (intro.) of the statutes is amended to read:
AB917,14,3
162.233 (3) (intro.) A city ordinance enacted under this section shall accord and
2be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and
3(1k) and shall
include at least all of the following provisions:
AB917,40 4Section 40 . 62.233 (3) (c) of the statutes is created to read:
AB917,14,85 62.233 (3) (c) 1. A provision requiring a person who owns shoreland property
6that contains vegetation to maintain that vegetation in a vegetative buffer zone
7along the entire shoreline of the property and extending 35 feet inland from the
8ordinary high-water mark of the navigable water, except as provided in subd. 2.
AB917,14,129 2. If the vegetation in a vegetative buffer zone contains invasive species or dead
10or diseased vegetation, the owner of the shoreland property may remove the
11vegetation, except that if the owner removes all of the vegetation in the vegetative
12buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
AB917,41 13Section 41 . 62.233 (3) (d) of the statutes is created to read:
AB917,14,1814 62.233 (3) (d) A provision allowing a person who is required to maintain or
15establish a vegetative buffer zone under par. (c) to remove all of the vegetation in a
16part of that zone in order to establish a viewing or access corridor that is no greater
17than 30 feet wide for every 100 feet of shoreline frontage and that extends no more
18than 35 feet inland from the ordinary high-water mark.
AB917,42 19Section 42. 66.1036 of the statutes is repealed.
AB917,43 20Section 43 . 70.375 (1) (as) of the statutes is amended to read:
AB917,14,2321 70.375 (1) (as) “Mine" means an excavation in or at the earth's surface made
22to extract metalliferous minerals for which a permit has been issued under s. 293.49
23or 295.58.
AB917,44 24Section 44 . 70.375 (1) (bm) of the statutes is amended to read:
AB917,15,8
170.375 (1) (bm) “Mining-related purposes" means activities which are directly
2in response to the application for a mining permit under s. 293.37 or 295.47; directly
3in response to construction, operation, curtailment of operation or cessation of
4operation of a metalliferous mine site; or directly in response to conditions at a
5metalliferous mine site which is not in operation. “Mining-related purposes" also
6includes activities which anticipate the economic and social consequences of the
7cessation of mining. “Mining-related purposes" also includes the purposes under s.
870.395 (2) (g).
AB917,45 9Section 45 . 70.375 (2) (b) of the statutes is amended to read:
AB917,15,1410 70.375 (2) (b) The secretary may promulgate any rules necessary to implement
11the tax under ss. 70.37 to 70.39 and 70.395 (1e). In respect to mines not in operation
12on November 28, 1981, ss. 71.10 (1), 71.30 (1) and (2), 71.74 (2), (3), (9), (11) and (15),
1371.77, 71.78, 71.80 (6), 71.83 (1) (a) 1. and 2. and (b) 2. and (2) (a) 3. and (b) 1. and
1471.85 (2) apply to the administration of this section.
AB917,46 15Section 46 . 70.375 (4) (h) of the statutes is amended to read:
AB917,15,1716 70.375 (4) (h) The cost of premiums for bonds required under s. 293.26 (9),
17293.51, 295.45 (5), or 295.59.
AB917,47 18Section 47 . 70.38 (2) of the statutes is amended to read:
AB917,15,2219 70.38 (2) Combined reporting. If the same person extracts metalliferous
20minerals from different sites in this state, the net proceeds for each site for which a
21permit has been issued under s. 293.49 or 295.58 shall be reported separately for the
22purposes of computing the amount of the tax under s. 70.375 (5).
AB917,48 23Section 48 . 70.395 (1e) of the statutes is amended to read:
AB917,16,624 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
2570.38 to 70.39, the department of administration, upon certification of the

1department of revenue, shall transfer the amount collected in respect to mines not
2in operation on November 28, 1981, to the investment and local impact fund, except
3that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department
4of administration shall transfer 60 percent of the amount collected from each person
5extracting ferrous metallic minerals to the investment and local impact fund and 40
6percent of the amount collected from any such person to the general fund
.
AB917,49 7Section 49 . 70.395 (2) (dc) 1. of the statutes is amended to read:
AB917,16,118 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
9permit under s. 293.37 or 295.47 shall pay $75,000 to the department of revenue for
10deposit in the investment and local impact fund at the time that the person notifies
11the department of natural resources under s. 293.31 (1) or 295.465 of that intent.
AB917,50 12Section 50 . 70.395 (2) (dc) 4. of the statutes is amended to read:
AB917,16,1713 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s.
14293.41 or 295.443 for the proposed mine for which the payment is made, the board
15shall refund any funds paid under this paragraph but not distributed under par. (fm)
16from the investment and local impact fund to the person making the payment under
17this paragraph.
AB917,51 18Section 51 . 70.395 (2) (fm) of the statutes is amended to read:
AB917,17,219 70.395 (2) (fm) The board may distribute a payment received under par. (dc)
20to a county, town, village, city, tribal government or local impact committee
21authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical
22experts in the areas of transportation, utilities, economic and social impacts,
23environmental impacts and municipal services and other reasonable and necessary
24expenses incurred by the recipient that directly relate to the good faith negotiation

1of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the
2payment is made.
AB917,52 3Section 52 . 70.395 (2) (g) (intro.) of the statutes is amended to read:
AB917,17,74 70.395 (2) (g) (intro.) The board may distribute the revenues received under
5sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes,
6with a preference to private sector economic development projects under subd. 3., as
7the board determines necessary:
AB917,53 8Section 53 . 70.395 (2) (g) 3. of the statutes is amended to read:
AB917,17,109 70.395 (2) (g) 3. Studies and projects for local private sector economic
10development.
AB917,54 11Section 54 . 70.395 (2) (h) 1. of the statutes is amended to read:
AB917,17,1512 70.395 (2) (h) 1. Distribution shall first be made to those municipalities in
13which metalliferous minerals are extracted or were extracted within 3 years
14previous to December 31 of the current year, or in which a permit has been issued
15under s. 293.49 or 295.58 to commence mining;
AB917,55 16Section 55 . 70.395 (2) (hg) of the statutes is amended to read:
AB917,17,1917 70.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and
18accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub.
19(3) and ss. s. 293.65 (5) and 295.61 (9).
AB917,56 20Section 56 . 70.395 (2) (hr) of the statutes is amended to read:
AB917,17,2421 70.395 (2) (hr) The board shall, by rule, establish procedures to recoup
22payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and
23(g), sub. (3) and ss. s. 293.65 (5) and 295.61 (9) for noncompliance with this section
24or rules adopted under this section.
AB917,57 25Section 57 . 70.395 (2) (hw) of the statutes is amended to read:
AB917,18,9
170.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub.
2(3) or ss. s. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted
3to mining-related purposes who uses the payment for attorney fees may do so only
4for the purposes under par. (g) 6. and for processing mining-related permits or other
5approvals required by the municipality. The board shall recoup or withhold
6payments that are used or proposed to be used by the recipient for attorney fees
7except as authorized under this paragraph. The board may not limit the hourly rate
8of attorney fees for which the recipient uses the payment to a level below the hourly
9rate that is commonly charged for similar services.
AB917,58 10Section 58 . 74.25 (1) (a) 6. of the statutes is amended to read:
AB917,18,1411 74.25 (1) (a) 6. Pay to the county treasurer 20 percent of collections of
12occupational taxes on coal docks, 20 percent of collections of the taxes imposed under
13ss. 77.04 and 77.84 (2) (a), and (am), and (bp), and 20 percent of collections of
14payments for closed lands under s. 77.84 (2) (b) and (bm).
AB917,59 15Section 59 . 74.30 (1) (f) of the statutes is amended to read:
AB917,18,1916 74.30 (1) (f) Pay to the county treasurer 20 percent of collections of occupational
17taxes on coal docks, 20 percent of collections of the taxes imposed under ss. 77.04 and
1877.84 (2) (a), and (am) , and (bp), and 20 percent of collections of payments for closed
19lands under s. 77.84 (2) (b) and (bm).
AB917,60 20Section 60 . 77.105 of the statutes is repealed.
AB917,61 21Section 61 . 77.81 (1m) of the statutes is repealed.
AB917,62 22Section 62 . 77.81 (5m) of the statutes is repealed.
AB917,63 23Section 63 . 77.83 (2) (a) of the statutes is amended to read:
AB917,19,3
177.83 (2) (a) Except as provided in sub. (1) and pars. (b) and (c) and subs. (1)
2and (2m)
, each owner of managed forest land shall permit public access to the land
3for the purposes of hunting, fishing, hiking, sight-seeing, and cross-country skiing.
AB917,64 4Section 64 . 77.83 (2m) of the statutes is repealed.
AB917,65 5Section 65 . 77.84 (2) (b) of the statutes is amended to read:
AB917,19,116 77.84 (2) (b) For managed forest land orders that take effect before April 28,
72004, in addition to the payment under par. (a), each owner shall pay $1 for each acre
8that is designated as closed under s. 77.83 and for each acre that is located in a
9proposed ferrous mining site and that is not open to all of the outdoor activities
10specified in s. 77.83 (2) (a) for any part of the previous calendar year
. The payment
11shall be made to each municipal treasurer on or before January 31.
AB917,66 12Section 66 . 77.84 (2) (bm) of the statutes is amended to read:
AB917,19,2013 77.84 (2) (bm) For managed forest land orders that take effect on or after April
1428, 2004, in addition to the payment under par. (am), each owner of managed forest
15land shall pay to each municipal treasurer, on or before January 31, an amount that
16is equal to 20 percent of the average statewide property tax per acre of property
17classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that
18is designated as closed under s. 77.83 and for each acre that is located in a proposed
19ferrous mining site and that is not open to all of the outdoor activities specified in s.
2077.83 (2) (a) for any part of the previous calendar year
.
AB917,67 21Section 67 . 77.84 (2) (bp) of the statutes is repealed.
AB917,68 22Section 68 . 77.88 (3) (d) of the statutes is repealed.
AB917,69 23Section 69 . 77.88 (5) (af) 1. of the statutes is amended to read:
AB917,20,3
177.88 (5) (af) 1. An amount equal to the past tax liability multiplied by the
2number of years the land was designated as managed forest land, less any amounts
3paid by the owner under s. 77.84 (2) (a), and (am), and (bp).
AB917,70 4Section 70 . 77.88 (5) (af) 2. of the statutes is amended to read:
AB917,20,75 77.88 (5) (af) 2. Five percent of the stumpage value of the merchantable timber
6on the land, less any amounts paid by the owner under s. 77.84 (2) (a), and (am), and
7(bp)
.
AB917,71 8Section 71 . 77.88 (9) (d) 1. of the statutes is renumbered 77.88 (9) (d) and
9amended to read:
AB917,20,1310 77.88 (9) (d) Except as provided in subd. 2., a A withdrawal order issued before
11December 15 of any year takes effect on the January 1 after the date of issuance, and
12a withdrawal order issued on or after December 15 of any year takes effect on the 2nd
13January 1 after the date of issuance.
AB917,72 14Section 72 . 77.88 (9) (d) 2. of the statutes is repealed.
AB917,73 15Section 73 . 77.883 of the statutes is repealed.
AB917,74 16Section 74 . 77.89 (2) (a) of the statutes is amended to read:
AB917,20,2317 77.89 (2) (a) Each municipal treasurer shall pay 20 percent of each payment
18received under sub. (1) (a) and (b) and under ss. 77.84 (2) (a) , and (am), and (bp),
1977.85, and 77.876 to the county treasurer and shall deposit the remainder in the
20municipal treasury. The payment to the county treasurer for money received before
21November 1 of any year shall be made on or before the November 15 after its receipt.
22For money received on or after November 1 of any year, the payment to the county
23treasurer shall be made on or before November 15 of the following year.
AB917,75 24Section 75 . 87.30 (2) (a) of the statutes is renumbered 87.30 (2) and amended
25to read:
AB917,21,9
187.30 (2) Enforcement and penalties. Except as provided in par. (b), every
2Every structure, building, fill, or development placed or maintained within any
3floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
461.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and
5maintenance thereof may be abated by action at suit of any municipality, the state
6or any citizen thereof. Any person who places or maintains any structure, building,
7fill or development within any floodplain in violation of a zoning ordinance adopted
8under this section, or s. 59.69, 61.35 or 62.23 may be fined not more than $50 for each
9offense. Each day during which such violation exists is a separate offense.
AB917,76 10Section 76 . 87.30 (2) (b) of the statutes is repealed.
AB917,77 11Section 77 . 107.001 (1) of the statutes is amended to read:
AB917,21,1812 107.001 (1) “Exploration mining lease" means any lease, option to lease, option
13to purchase or similar conveyance entered into for the purpose of determining the
14presence, location, quality or quantity of nonferrous metallic metalliferous minerals
15or for the purpose of mining, developing or extracting nonferrous metallic
16metalliferous minerals, or both under ch. 293. Any lease, option to lease, option to
17purchase or similar conveyance entered into by a mining company is rebuttably
18presumed to be an exploration mining lease.
AB917,78 19Section 78 . 107.001 (2) of the statutes is created to read:
AB917,21,2120 107.001 (2) “Metalliferous minerals" means naturally occurring minerals that
21contain metal.
AB917,79 22Section 79 . 107.01 (intro.) of the statutes is amended to read:
AB917,22,2 23107.01 Rules governing mining rights. (intro.) Where there is no contract
24between the parties or terms established by the landlord to the contrary the following

1rules and regulations shall be applied to mining contracts and leases for the digging
2of nonferrous metallic ores and minerals:
AB917,80 3Section 80 . 107.01 (2) of the statutes is amended to read:
AB917,22,124 107.01 (2) The discovery of a crevice or range containing nonferrous metallic
5ores or minerals shall entitle the discoverer to the nonferrous metallic ores or
6minerals pertaining thereto, subject to the rent due the discoverer's landlord, before
7as well as after the nonferrous metallic ores or minerals are separated from the
8freehold; but such miner shall not be entitled to recover any nonferrous metallic ores
9or
minerals or the value thereof from the person digging on the miner's range in good
10faith and known to be mining thereon until the miner shall have given notice of the
11miner's claim; and the miner shall be entitled to the nonferrous metallic ores or
12minerals dug after such notice.
AB917,81 13Section 81 . 107.02 of the statutes is amended to read:
AB917,23,7 14107.02 Mining statement; penalty. When there is no agreement between the
15parties to any mining lease, license or permit, to mine or remove nonferrous metallic
16minerals
ore from any lands in this state, regulating the method of reporting the
17amount of nonferrous metallic minerals ore taken, the person mining and removing
18the nonferrous metallic minerals ore or ores shall keep proper and correct books, and
19therefrom to make and deliver by or before the fifteenth day of each month to the
20lessor, owner or person entitled thereto, a detailed statement covering the operations
21of the preceding month. The statement shall show the total amount of tons or pounds
22of each kind of nonferrous metallic minerals ore produced; if sold, then to whom sold,
23giving the date of sale, date of delivery to any railroad company, naming the company,
24and the station where delivered or billed for shipment; the name and address of the
25purchaser; the price per ton at which sold and the total value of each kind of

1nonferrous metallic minerals ore so sold. The books shall be always open to any
2owner, lessor, licensor or stockholder, if the owner, lessor or licensor is a corporation,
3and to any person or stockholder interested in any such mining operations, for the
4purpose of inspection and taking copies thereof or abstracts therefrom. Any person
5and every officer, agent or employee of any thereof, who violates this section, or who
6makes any false or incomplete entries on any such books or statements, shall be fined
7not less than $100 or imprisoned in the county jail for not more than 3 months or both.
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