LRB-4389/1
ZDW:skw
2021 - 2022 LEGISLATURE
August 26, 2021 - Introduced by Senator Testin, cosponsored by Representative
Krug. Referred to Committee on Housing, Commerce and Trade.
SB521,1,2
1An Act to create 87.30 (1s) of the statutes;
relating to: regulation of structures
2and 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:
SB521,1
1Section
1. 87.30 (1s) of the statutes is created to read:
SB521,2,42
87.30
(1s) Regulation of structures and accessory structures. The
3department may not promulgate any rule or impose any restriction that does any of
4the following:
SB521,2,75
(a) Results in an ordinance or other regulation containing provisions for
6structures that are more restrictive than those imposed by the federal emergency
7management agency.
SB521,2,108
(b) Allows the department to deny an exception for structures or accessory
9structures if the federal emergency management agency has granted an exception
10under
44 CFR 60.6.