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2023 - 2024 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 589
January 22, 2024 - Offered by Senator Tomczyk.
SB589-SSA1,1,2 1An Act to create 710.30 and 844.01 (5) of the statutes; relating to: creating a
2statutory license to pass a tower crane boom over adjacent real property.
Analysis by the Legislative Reference Bureau
This bill provides that, if a tower crane is used in connection with construction
activities on real property, the owner of the real property, the person responsible for
operating the tower crane, and the general contractor for the construction activities
(licensee) each have a nonexclusive license to pass the tower crane boom over
adjacent real property at such an altitude so as to not interfere with the then existing
use to which the property, or the space over the property, is put by the owner. Under
the bill, the license terminates when the construction activities end or 24 months
after the tower crane is installed, whichever occurs first.
Under the bill, at least 30 days before the tower crane is installed, the licensees
must provide the owner of each adjacent real property over which the owner crane
boom may pass written notice of the installation and the compensation specified in
the bill. In addition, the bill requires each licensee to maintain commercial general
liability insurance in minimum amounts specified in the bill. The bill provides that

a licensee may not exercise the licensee's rights under the license unless the notice,
compensation, and insurance requirements are met.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB589-SSA1,1 1Section 1. 710.30 of the statutes is created to read:
SB589-SSA1,2,4 2710.30 Construction cranes; license to use adjacent airspace. (1)
3Definition. In this section, “licensee” means any of the following persons that have
4a license under sub. (2):
SB589-SSA1,2,55 (a) An owner of real property.
SB589-SSA1,2,66 (b) A person responsible for operating a tower crane.
SB589-SSA1,2,77 (c) A general contractor for construction activities.
SB589-SSA1,2,14 8(2) License to pass boom over adjacent real property. If a tower crane is used
9in connection with construction activities on real property, the owner of the real
10property, the person responsible for operating the tower crane, and the general
11contractor for the construction activities each have a nonexclusive license to pass the
12tower crane boom over adjacent real property at such an altitude so as to not interfere
13with the then existing use to which the adjacent real property, or the space over the
14adjacent real property, is put by the owner.
SB589-SSA1,2,17 15(3) Responsibilities of licensees. A licensee may not exercise the licensee's
16rights under the license described in sub. (2) unless all of the following conditions are
17met:
SB589-SSA1,2,2018 (a) At least 30 days before the tower crane to which the license applies is
19installed, a licensee, on behalf of all licensees, provides to the owner of each adjacent
20real property over which the tower crane boom may pass all of the following:
SB589-SSA1,2,2121 1. Written notice of the installation.
SB589-SSA1,3,1
12. The compensation specified in sub. (4).
SB589-SSA1,3,72 (b) Each licensee, before the tower crane to which the license applies is
3installed, obtains and, for the duration of the construction activities, maintains
4commercial general liability insurance in an amount not less than $2,000,000 per
5occurrence with an annual aggregate limit of not less than $5,000,000 for
6compensating 3rd parties for bodily injury and property damages arising from the
7tower crane.
SB589-SSA1,3,10 8(4) Determining compensation. (a) The licensee specified in sub. (3) (a) shall
9compensate the owner of each adjacent real property over which the tower crane
10boom may pass. Compensation may be any of the following:
SB589-SSA1,3,1211 1. An amount equal to one percent of the assessed value of the adjacent real
12property or $25,000, whichever is less.
SB589-SSA1,3,1713 2. Other compensation agreed upon by the licensee and the owner of the
14adjacent real property. Other compensation under this subdivision may include a
15reciprocal agreement under which the licensee, as defined in sub. (1) (a), grants the
16same or similar permissions or rights to the owner with respect to the licensee's real
17property.
SB589-SSA1,3,2018 (b) Notwithstanding par. (a) and sub. (3) (a) 2., the requirement under par. (a)
19to provide compensation does not apply to adjacent real property that is public
20property.
SB589-SSA1,3,23 21(5) Duration of license. The license under sub. (2) terminates when the
22construction activities end or 24 months after the tower crane is installed, whichever
23occurs first.
SB589-SSA1,4,2 24(6) Disclosure to purchaser. The owner of adjacent real property that is
25subject to a license under sub. (2) shall disclose the existence of the license to a

1potential purchaser of the real property before entering into an agreement to convey
2the real property to the potential purchaser.
SB589-SSA1,4,10 3(7) Recording notice. No later than the date on which a tower crane to which
4a license under sub. (2) applies is installed, a licensee shall record a notice of the
5existence of the license in the office of the register of deeds of each county in which
6any adjacent real property over which the tower crane boom may pass is located and
7of the county in which the real property on which the construction activities occur
8is located. The licensee shall record a notice of the termination of the license no later
9than 30 days after the license terminates under sub. (5) in the office of the register
10of deeds of each county in which the original notice is recorded.
SB589-SSA1,2 11Section 2. 844.01 (5) of the statutes is created to read:
SB589-SSA1,4,1312 844.01 (5) The exercise of a licensee's rights under a license described in s.
13710.30 (2) is not actionable under this section.
SB589-SSA1,3 14Section 3. Initial applicability.
SB589-SSA1,4,1715 (1) This act first applies to a license relating to a tower crane for which written
16notice of installation is given under s. 710.30 (3) (a) on the effective date of this
17subsection.
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