AB917: Bill Text

AB917,17 Section 17 . 23.321 (5) (b) of the statutes is repealed.

AB917,18 Section 18 . 29.604 (4) (intro.) of the statutes is amended to read:

AB917,10,2 29.604 (4) Prohibition. (intro.) Except as provided in subs. sub (6r) and (7m) or as permitted by departmental rule or permit:

AB917,19 Section 19 . 29.604 (4) (c) (intro.) of the statutes is amended to read:

AB917,10,8 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant of an endangered or threatened species that is on public property or on property that he or she does not own or lease, except in the course of forestry or agricultural practices, or in the construction, operation, or maintenance of a utility facility, or as part of bulk sampling activities under s. 295.45:

AB917,20 Section 20 . 29.604 (7m) of the statutes is repealed.

AB917,21 Section 21 . 30.025 (1e) (a) of the statutes is amended to read:

AB917,10,13 30.025 (1e) (a) Except as provided in pars. par. (b) and (c), this section applies to a proposal to construct a utility facility if the utility facility is required to obtain, or give notification of the wish to proceed under, one or more permits.

AB917,22 Section 22 . 30.025 (1e) (c) of the statutes is repealed.

AB917,23 Section 23 . 30.133 (2) of the statutes is amended to read:

AB917,10,21 30.133 (2) This section does not apply to riparian land located within the boundary of any hydroelectric project licensed or exempted by the federal government, if the conveyance is authorized under any license, rule or order issued by the federal agency having jurisdiction over the project. This section does not apply to riparian land that is associated with an approval required for bulk sampling or mining that is required under subch. III of ch. 295.

AB917,24 Section 24 . 31.23 (3) (e) of the statutes is repealed.

AB917,25 Section 25 . 32.02 (12) of the statutes is amended to read:

AB917,11,2 32.02 (12) Any person operating a plant which creates waste material which, if released without treatment would cause stream pollution, for the location of treatment facilities. This subsection does not apply to a person with a permit under ch. 293 or subch. III of ch. 295.

AB917,26 Section 26 . 59.692 (1) (bn) of the statutes is amended to read:

AB917,11,7 59.692 (1) (bn) “Shoreland setback area" means an area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of buildings or structures has been limited or prohibited under an ordinance enacted under this section.

AB917,27 Section 27 . 59.692 (1) (e) of the statutes is repealed.

AB917,28 Section 28 . 59.692 (1c) of the statutes is renumbered 59.692 (1m).

AB917,29 Section 29 . 59.692 (1d) of the statutes is repealed.

AB917,30 Section 30 . 59.692 (1f) of the statutes is repealed.

AB917,31 Section 31 . 59.692 (1k) of the statutes is repealed.

AB917,32 Section 32 . 59.692 (1u) of the statutes is created to read:

AB917,11,19 59.692 (1u) (a) Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this section may not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to par. (b), location, and use that it had immediately before the damage or destruction occurred or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:

AB917,11,21 1. The nonconforming structure was damaged or destroyed after October 14, 1997.

AB917,11,23 2. The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

AB917,12,2 (b) An ordinance enacted under this section to which par. (a) applies shall allow for the size of a structure to be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

AB917,33 Section 33 . 59.692 (2m) of the statutes is repealed and recreated to read:

AB917,12,4 59.692 (2m) (a) In this subsection:

AB917,12,7 1. “Development regulations" means the part of a shoreland zoning ordinance enacted under this section that applies to elements including setback, height, lot coverage, and side yard.

AB917,12,11 2. “Nonconforming structure" means a dwelling or other building that existed lawfully before the current shoreland zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current shoreland zoning ordinance.

AB917,12,13 (b) A county may not enact, and a county, city, or village may not enforce, a provision in a county shoreland zoning ordinance that does any of the following:

AB917,12,17 1. Regulates the location, maintenance, expansion, replacement, repair, or relocation of a nonconforming structure if that provision is more restrictive than the shoreland zoning standards for nonconforming structures promulgated by the department under this section.

AB917,12,20 2. Regulates the construction of a structure or building on a substandard lot if that provision is more restrictive than the shoreland zoning standards for substandard lots promulgated by the department under this section.

AB917,34 Section 34 . 59.692 (4) (b) of the statutes is amended to read:

AB917,13,2 59.692 (4) (b) Variances and appeals regarding shorelands within a county are for the board of adjustment for that county under s. 59.694, and the procedures of that section apply. Notwithstanding s. 59.694 (4), the department may not appeal a decision of the county to grant or deny a variance under this section but may, upon the request of a county board of adjustment, issue an opinion on whether a variance should be granted or denied.

AB917,35 Section 35 . 59.692 (5m) of the statutes is repealed.

AB917,36 Section 36 . 61.353 (3) (intro.) of the statutes is amended to read:

AB917,13,7 61.353 (3) (intro.) A village ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and (1k) and shall include at least all of the following provisions:

AB917,37 Section 37 . 61.353 (3) (c) of the statutes is created to read:

AB917,13,12 61.353 (3) (c) 1. A provision requiring a person who owns shoreland property that contains vegetation to maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in subd. 2.

AB917,13,16 2. If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the vegetation, except that if the owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

AB917,38 Section 38 . 61.353 (3) (d) of the statutes is created to read:

AB917,13,22 61.353 (3) (d) A provision allowing a person who is required to maintain or establish a vegetative buffer zone under par. (c) to remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and that extends no more than 35 feet inland from the ordinary high-water mark.

AB917,39 Section 39 . 62.233 (3) (intro.) of the statutes is amended to read:

AB917,14,3 62.233 (3) (intro.) A city ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and (1k) and shall include at least all of the following provisions:

AB917,40 Section 40 . 62.233 (3) (c) of the statutes is created to read:

AB917,14,8 62.233 (3) (c) 1. A provision requiring a person who owns shoreland property that contains vegetation to maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in subd. 2.

AB917,14,12 2. If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the vegetation, except that if the owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

AB917,41 Section 41 . 62.233 (3) (d) of the statutes is created to read:

AB917,14,18 62.233 (3) (d) A provision allowing a person who is required to maintain or establish a vegetative buffer zone under par. (c) to remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and that extends no more than 35 feet inland from the ordinary high-water mark.

AB917,42 Section 42. 66.1036 of the statutes is repealed.

AB917,43 Section 43 . 70.375 (1) (as) of the statutes is amended to read:

AB917,14,23 70.375 (1) (as) “Mine" means an excavation in or at the earth's surface made to extract metalliferous minerals for which a permit has been issued under s. 293.49 or 295.58.

AB917,44 Section 44 . 70.375 (1) (bm) of the statutes is amended to read:

AB917,15,8 70.375 (1) (bm) “Mining-related purposes" means activities which are directly in response to the application for a mining permit under s. 293.37 or 295.47; directly in response to construction, operation, curtailment of operation or cessation of operation of a metalliferous mine site; or directly in response to conditions at a metalliferous mine site which is not in operation. “Mining-related purposes" also includes activities which anticipate the economic and social consequences of the cessation of mining. “Mining-related purposes" also includes the purposes under s. 70.395 (2) (g).

AB917,45 Section 45 . 70.375 (2) (b) of the statutes is amended to read:

AB917,15,14 70.375 (2) (b) The secretary may promulgate any rules necessary to implement the tax under ss. 70.37 to 70.39 and 70.395 (1e). In respect to mines not in operation on November 28, 1981, ss. 71.10 (1), 71.30 (1) and (2), 71.74 (2), (3), (9), (11) and (15), 71.77, 71.78, 71.80 (6), 71.83 (1) (a) 1. and 2. and (b) 2. and (2) (a) 3. and (b) 1. and 71.85 (2) apply to the administration of this section.

AB917,46 Section 46 . 70.375 (4) (h) of the statutes is amended to read:

AB917,15,17 70.375 (4) (h) The cost of premiums for bonds required under s. 293.26 (9), 293.51, 295.45 (5), or 295.59.

AB917,47 Section 47 . 70.38 (2) of the statutes is amended to read:

AB917,15,22 70.38 (2) Combined reporting. If the same person extracts metalliferous minerals from different sites in this state, the net proceeds for each site for which a permit has been issued under s. 293.49 or 295.58 shall be reported separately for the purposes of computing the amount of the tax under s. 70.375 (5).

AB917,48 Section 48 . 70.395 (1e) of the statutes is amended to read:

AB917,16,6 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss. 70.38 to 70.39, the department of administration, upon certification of the department of revenue, shall transfer the amount collected in respect to mines not in operation on November 28, 1981, to the investment and local impact fund, except that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department of administration shall transfer 60 percent of the amount collected from each person extracting ferrous metallic minerals to the investment and local impact fund and 40 percent of the amount collected from any such person to the general fund.

AB917,49 Section 49 . 70.395 (2) (dc) 1. of the statutes is amended to read:

AB917,16,11 70.395 (2) (dc) 1. Each person intending to submit an application for a mining permit under s. 293.37 or 295.47 shall pay $75,000 to the department of revenue for deposit in the investment and local impact fund at the time that the person notifies the department of natural resources under s. 293.31 (1) or 295.465 of that intent.

AB917,50 Section 50 . 70.395 (2) (dc) 4. of the statutes is amended to read:

AB917,16,17 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the payment is made, the board shall refund any funds paid under this paragraph but not distributed under par. (fm) from the investment and local impact fund to the person making the payment under this paragraph.

AB917,51 Section 51 . 70.395 (2) (fm) of the statutes is amended to read:

AB917,17,2 70.395 (2) (fm) The board may distribute a payment received under par. (dc) to a county, town, village, city, tribal government or local impact committee authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical experts in the areas of transportation, utilities, economic and social impacts, environmental impacts and municipal services and other reasonable and necessary expenses incurred by the recipient that directly relate to the good faith negotiation of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the payment is made.

AB917,52 Section 52 . 70.395 (2) (g) (intro.) of the statutes is amended to read:

AB917,17,7 70.395 (2) (g) (intro.) The board may distribute the revenues received under sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes, with a preference to private sector economic development projects under subd. 3., as the board determines necessary:

AB917,53 Section 53 . 70.395 (2) (g) 3. of the statutes is amended to read:

AB917,17,10 70.395 (2) (g) 3. Studies and projects for local private sector economic development.

AB917,54 Section 54 . 70.395 (2) (h) 1. of the statutes is amended to read:

AB917,17,15 70.395 (2) (h) 1. Distribution shall first be made to those municipalities in which metalliferous minerals are extracted or were extracted within 3 years previous to December 31 of the current year, or in which a permit has been issued under s. 293.49 or 295.58 to commence mining;

AB917,55 Section 55 . 70.395 (2) (hg) of the statutes is amended to read:

AB917,17,19 70.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub. (3) and ss. s. 293.65 (5) and 295.61 (9).

AB917,56 Section 56 . 70.395 (2) (hr) of the statutes is amended to read:

AB917,17,24 70.395 (2) (hr) The board shall, by rule, establish procedures to recoup payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and (g), sub. (3) and ss. s. 293.65 (5) and 295.61 (9) for noncompliance with this section or rules adopted under this section.

AB917,57 Section 57 . 70.395 (2) (hw) of the statutes is amended to read:

AB917,18,9 70.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub. (3) or ss. s. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted to mining-related purposes who uses the payment for attorney fees may do so only for the purposes under par. (g) 6. and for processing mining-related permits or other approvals required by the municipality. The board shall recoup or withhold payments that are used or proposed to be used by the recipient for attorney fees except as authorized under this paragraph. The board may not limit the hourly rate of attorney fees for which the recipient uses the payment to a level below the hourly rate that is commonly charged for similar services.

AB917,58 Section 58 . 74.25 (1) (a) 6. of the statutes is amended to read:

AB917,18,14 74.25 (1) (a) 6. Pay to the county treasurer 20 percent of collections of occupational taxes on coal docks, 20 percent of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a), and (am), and (bp), and 20 percent of collections of payments for closed lands under s. 77.84 (2) (b) and (bm).

AB917,59 Section 59 . 74.30 (1) (f) of the statutes is amended to read:

AB917,18,19 74.30 (1) (f) Pay to the county treasurer 20 percent of collections of occupational taxes on coal docks, 20 percent of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a), and (am) , and (bp), and 20 percent of collections of payments for closed lands under s. 77.84 (2) (b) and (bm).

AB917,60 Section 60 . 77.105 of the statutes is repealed.

AB917,61 Section 61 . 77.81 (1m) of the statutes is repealed.

AB917,62 Section 62 . 77.81 (5m) of the statutes is repealed.

AB917,63 Section 63 . 77.83 (2) (a) of the statutes is amended to read: