AB521: Bill Text

LRB-4432/1

ZDW:skw

2021 - 2022 LEGISLATURE

2021 Assembly BILL 521

August 31, 2021 - Introduced by Representative Krug, cosponsored by Senator Testin. Referred to Committee on Local Government.

AB521,1,2 An Act to create 87.30 (1s) of the statutes; relating to: regulation of structures and accessory structures in floodplains.

Analysis by the Legislative Reference Bureau

This bill prohibits the Department of Natural Resources from restricting certain structures and accessory structures in a floodplain.

Current law requires local units of government to enact floodplain zoning ordinances and generally prohibits any person from placing or maintaining any structure, building, fill, or development within any floodplain in violation of a floodplain zoning ordinance. Floodplain zoning ordinances are subject to statutory requirements and the requirements of rules promulgated by DNR.

The bill provides that DNR may not promulgate a rule or impose a restriction that 1) results in an ordinance containing provisions for structures that are more restrictive than those imposed by the Federal Emergency Management Agency or 2) allows DNR to deny an exception for structures or accessory structures for which FEMA has granted an exception. Under DNR rules, “structure” means “any man-made object with form, shape, and utility, either permanently or temporarily attached to or placed upon the ground, river bed, stream bed, or lakebed” and “accessory structure” means “any facility, structure, building, or use which is accessory or incidental to the principal use of a property, structure, or building.”

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB521,1 Section 1. 87.30 (1s) of the statutes is created to read:

AB521,2,4 87.30 (1s) Regulation of structures and accessory structures. The department may not promulgate any rule or impose any restriction that does any of the following:

AB521,2,7 (a) Results in an ordinance or other regulation containing provisions for structures that are more restrictive than those imposed by the federal emergency management agency.

AB521,2,10 (b) Allows the department to deny an exception for structures or accessory structures if the federal emergency management agency has granted an exception under 44 CFR 60.6.

AB521,2,11 (End)