AB917: Bill Text

This bill eliminates the wetland mitigation grant program (mitigation program), under which nonprofit organizations may apply to DNR on a rolling basis for grants to conduct projects to create, restore, or enhance wetlands on DNR land, using moneys received under the in lieu fee subprogram and from surcharge fees charged for each application to proceed under a wetland general permit. The bill also removes DNR's authority under current law to submit a request to ACE that ACE move up all deadlines relating to its review and approval of wetland mitigation project proposals under the in lieu fee subprogram and that ACE approve a modification to the subprogram in order to implement the mitigation program.

Property development grants. The bill eliminates a separate grant program, funded from the property development and local assistance subprogram of the Warren Knowles-Gaylord Nelson stewardship 2000 program, under which DNR makes grants to nonprofit organizations for certain property development activities relating to wetlands affected by a project under a wetland mitigation grant.

Wetland study council. The bill eliminates the wetland study council, which under current law is established within DNR to research and provide recommendations on various issues relating to wetlands.

Shoreland zoning

This bill eliminates the changes to the laws regulating shoreland zoning that were made under the 2015 biennial budget act, 2015 Wisconsin Act 55.

Current law requires a county to enact shoreland zoning ordinances for all shorelands in its unincorporated area and requires those ordinances to meet shoreland zoning standards established by DNR by rule. Current law generally defines a shoreland to be an area within a specified distance from the edge of a navigable water.

Act 55 made various changes to the laws regulating shoreland zoning including the following:

1. Prohibiting a county shoreland zoning ordinance from regulating a matter more restrictively than the matter is regulated by a shoreland zoning standard promulgated by DNR.

2. Prohibiting a shoreland zoning ordinance from requiring a person to establish a vegetative buffer zone on previously developed land or expand an existing buffer zone.

3. Requiring a shoreland zoning ordinance to allow a vegetative buffer zone to contain a viewing corridor of at least 35 feet wide for every 100 feet of shoreline frontage and to allow the corridor to run contiguously for the entire maximum allowable width.

4. Prohibiting DNR from establishing shoreland zoning standards and prohibiting counties from enacting shoreland zoning ordinances that regulate certain outdoor lighting, that regulate certain construction activities with respect to nonconforming structures, and that impose certain standards for impervious surfaces.

5. Allowing certain maintenance and repair of nonconforming structures in shorelands that are accessory structures such as garages, sheds, sidewalks, and patios.

6. Generally requiring city and village shoreland zoning ordinances that apply to certain shorelands that were annexed or incorporated by the city or village to be consistent with the requirements and limitations applicable to county shoreland zoning ordinances.

7. Prohibiting DNR from appealing a decision of a county to grant or deny a variance to a law regulating county shoreland zoning.

This bill eliminates the changes to the law made by Act 55 so that the law is consistent with pre-Act 55 law.

DNR positions

This bill increases moneys appropriated to DNR by $1,672,900 in each fiscal year of the 2019-21 fiscal biennium for the purpose of increasing educator and science services positions by the equivalent of 29.4 full-time positions. This funding was decreased by this amount and these positions were eliminated under 2015 Wisconsin Act 55.

DOJ positions

The bill appropriates to the Department of Justice $390,800 to fund two assistant attorneys general and one paralegal for environmental protection purposes.

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:

AB917,1 Section 1 . 15.347 (22) of the statutes is repealed.

AB917,2 Section 2 . 20.370 (9) (bm) of the statutes is amended to read:

AB917,8,4 20.370 (9) (bm) Wetland restoration — fees; payments. From the general fund, all moneys received as surcharge fees under s. 281.36 (11), all moneys received as transfers to the in lieu fee subprogram as provided in s. 281.36 (3s) (h), 2015 stats., and all moneys received under the in lieu fee subprogram under s. 281.36 (3r) (e) for the restoration or creation of wetlands, for the wetland mitigation grant program under s. 281.37, and for any other activities authorized under the in lieu fee subprogram.

AB917,3 Section 3 . 20.370 (9) (gh) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB917,8,11 20.370 (9) (gh) Nonferrous metallic mining Mining regulation and administration. The amounts in the schedule for the administration, regulation, and enforcement of nonferrous metallic mining exploration, bulk sampling, prospecting, mining and mine reclamation activities under ch. 293. All moneys received under ch. 293 shall be credited to this appropriation.

AB917,4 Section 4 . 20.370 (9) (gi) of the statutes, as affected by 2019 Wisconsin Act 9, is repealed.

AB917,5 Section 5 . 20.455 (1) (gh) of the statutes is amended to read:

AB917,8,18 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22 (9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3), 292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the expenses of investigation and prosecution of violations, including attorney fees.

AB917,6 Section 6 . 20.566 (7) (e) of the statutes is amended to read:

AB917,8,22 20.566 (7) (e) Investment and local impact fund supplement. The amounts in the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4), and 293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).

AB917,7 Section 7 . 20.566 (7) (v) of the statutes is amended to read:

AB917,9,2 20.566 (7) (v) Investment and local impact fund. From the investment and local impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the moneys appropriated under s. 20.370 (4) (gr), to be disbursed under ss. 70.395 (2) (d) to (g), 293.33 (4), and 293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).

AB917,8 Section 8 . 23.0917 (4) (c) 3. of the statutes is amended to read:

AB917,9,4 23.0917 (4) (c) 3. Grants under ss. s. 23.098 and 23.099.

AB917,9 Section 9 . 23.099 of the statutes is repealed.

AB917,10 Section 10 . 23.321 (1) (intro.) and (b) of the statutes are consolidated, renumbered 23.321 (1) and amended to read:

AB917,9,9 23.321 (1) Definition. In this section: (b) “Wetland”, “ wetland” has the meaning given in s. 23.32 (1).

AB917,11 Section 11 . 23.321 (1) (am) of the statutes is repealed.

AB917,12 Section 12 . 23.321 (2) (d) of the statutes is repealed.

AB917,13 Section 13 . 23.321 (2g) of the statutes is repealed.

AB917,14 Section 14 . 23.321 (4) (a) 3. of the statutes is amended to read:

AB917,9,16 23.321 (4) (a) 3. Provide a wetland confirmation not later than 60 days after a person files a request, in the manner and form required by the department, for a wetland confirmation under sub. (2) (c).

AB917,15 Section 15 . 23.321 (4) (a) 4. of the statutes is repealed.

AB917,16 Section 16 . 23.321 (5) (a) of the statutes is renumbered 23.321 (5) and amended to read:

AB917,9,23 23.321 (5) Except as provided in par. (b), a A wetland identification provided by the department under sub. (2) (b) and a wetland confirmation provided by the department under sub. (2) (c) remain effective for 5 years from the date provided by the department.

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.