Chapter 66

66.0440(2) (2) No political subdivision may do any of the following:

66.0440(2)(a) (a) Prohibit the installation or use of a battery-powered, alarmed electric security fence, except on property designated exclusively for residential use.

66.0440(2)(b) (b) Require a permit, other than an alarm system permit, for the installation or use of a battery-powered, alarmed electric security fence.

66.0440(2)(c) (c) Impose installation or operation requirements that are inconsistent with the standards set by the International Electrotechnical Commission for installation or operation of an electrified fence that is a component of a battery-powered, alarmed electric security fence.

66.0440(3) (3) No person may locate a battery-powered, alarmed electric security fence on property designated exclusively for residential use.

66.0440 History History: 2021 a. 197.

66.0441 66.0441 Quarries extracting certain nonmetallic minerals.

66.0441(1) (1) Construction.

66.0441(1)(a) (a) Nothing in this section may be construed to affect the authority of a political subdivision to regulate land use for a purpose other than quarry operations.

66.0441(1)(b) (b) Subject to pars. (c) and (d), nothing in this section may be construed to exempt a quarry from a regulation of general applicability placed by a political subdivision that applies to other property in the political subdivision that is not a quarry unless the regulation is inconsistent with this section.

66.0441(1)(c) (c) Nothing in this section may be construed to exempt a quarry from the application, outside of a nonmetallic mining licensing permit, of a requirement imposed by a political subdivision under ch. 349, a regulation of general applicability placed by a political subdivision that regulates access to property from roads for which the political subdivision is the maintaining authority, or a restriction on the use of roads for which the political subdivision is the maintaining authority.

66.0441(1)(d) (d) Nothing in this section may be construed to exempt a quarry from a restriction placed by a political subdivision regulating a nonconforming use under s. 59.69 (10), 60.61 (5), or 62.23 (7).

66.0441(2) (2) Definitions. In this section:

66.0441(2)(a) (a) “Active quarry” means a quarry that has operated during the preceding 12-month period.

66.0441(2)(am) (am) “Conditional use permit” means a form of approval, including a special exception or other special zoning permission, granted by a political subdivision pursuant to a zoning ordinance for the operation of a quarry.

66.0441(2)(b) (b) “Nonmetallic mining licensing ordinance” means an ordinance that is enacted by a political subdivision specifically regulating the operation of a quarry and that is not enacted pursuant to zoning authority.

66.0441(2)(c) (c) “Nonmetallic mining licensing permit” means a form of approval that is granted by a political subdivision pursuant to a nonmetallic mining licensing ordinance and that is specifically related to the operation of a quarry.

66.0441(2)(d) (d) “Permit” means a form of approval granted by a political subdivision for the operation of a quarry.

66.0441(2)(e) (e) “Political subdivision” means a city, village, town, or county.

66.0441(2)(f) (f) “Public works project” means a federal, state, county, or municipal project that involves the construction, maintenance, or repair of a public transportation facility or other public infrastructure and in which nonmetallic minerals are used.

66.0441(2)(g) (g) “Quarry” means the surface area from which nonmetallic minerals, including soil, clay, sand, gravel, and construction aggregate, that are used primarily for a public works project or a private construction or transportation project are extracted and processed.

66.0441(2)(h) (h) “Quarry operations” means the extraction and processing of minerals at a quarry and all related activities, including blasting, vehicle and equipment access to the quarry, and loading and hauling of material to and from the quarry.

66.0441(2m) (2m) Effective dates of certain ordinances. For purposes of sub. (3) (a) 3., the date on which a town or county enacts a zoning ordinance that requires a conditional use permit for a quarry operator to conduct quarry operations is the date the ordinance becomes effective, except as follows:

66.0441(2m)(a) (a) If a town that previously did not have a general zoning ordinance enacts a general zoning ordinance requiring a conditional use permit to conduct quarry operations and the town ceases to be covered by a county general zoning ordinance that required a conditional use permit to conduct quarry operations, a conditional use permit for a quarry in effect at the time of the transition from county zoning to town zoning shall continue in effect and the conditional use permit shall be treated as if it was originally issued by the town. For purposes of a conditional use permit subject to this paragraph, the date of the adoption of the town ordinance shall be deemed to be the date the conditional use permit was issued by the county but only with respect to requirements that were included in the county ordinance on the date the conditional use permit was issued and that were adopted in the town ordinance.

66.0441(2m)(b) (b) If a town that has a general zoning ordinance requiring a conditional use permit to conduct quarry operations repeals its zoning ordinance and becomes subject to a county general zoning ordinance under s. 59.69 (5) (c) and the county zoning ordinance requires a conditional use permit to conduct quarry operations, a conditional use permit for a quarry in effect at the time of the transition from town zoning to county zoning shall continue in effect and the conditional use permit shall be treated as if it was originally issued by the county. For purposes of a conditional use permit subject to this paragraph, the date of the adoption of the county ordinance shall be deemed to be the date the conditional use permit was issued by the town but only with respect to requirements that were included in the town ordinance on the date the conditional use permit was issued and that were adopted in the county ordinance.

66.0441(3) (3) Limitations on local regulation.

66.0441(3)(a) (a) Permits.

66.0441(3)(a)1. 1. In this paragraph, “substantial evidence” means facts and information, other than merely personal preference or speculation, directly pertaining to the requirements that an applicant must meet to obtain a nonmetallic mining licensing permit and that a reasonable person would accept in support of a conclusion.

66.0441(3)(a)2. 2. Consistent with the requirements and limitations in this subsection, except as provided in subd. 3., a political subdivision may require a quarry operator to obtain a conditional use permit or nonmetallic mining licensing permit to conduct quarry operations.

66.0441(3)(a)3. 3. A political subdivision may not require a quarry operator of an active quarry to obtain a conditional use permit or nonmetallic mining licensing permit to conduct quarry operations unless prior to the establishment of quarry operations the political subdivision enacts an ordinance that requires the permit. A political subdivision that requires a quarry operator to obtain a nonmetallic mining licensing permit under this subdivision may not impose a requirement in the nonmetallic mining licensing permit pertaining to any matter regulated by an applicable zoning ordinance or addressed through conditions imposed or agreed to in a previously issued and effective conditional use permit. Any requirement imposed in a nonmetallic mining licensing permit shall be related to the purpose of the ordinance requiring the nonmetallic mining licensing permit and shall be based on substantial evidence. The duration of a nonmetallic mining licensing permit may not be shorter than 5 years.

66.0441(3)(b) (b) Applicability of local limit. If a political subdivision enacts a nonmetallic mining licensing ordinance requirement regulating the operation of a quarry that was not in effect when quarry operations began at an active quarry, the ordinance requirement does not apply to that quarry or to land that is contiguous to the land on which the quarry is located, if the contiguous land has remained continuously under common ownership, leasehold, or control with land on which the quarry is located from the time the ordinance was enacted; can be shown to have been intended for quarry operations prior to the enactment of the ordinance; and is located in the same political subdivision.

66.0441(3)(c) (c) Hours of operation. A political subdivision may not limit the times, including days of the week, that quarry operations may occur if the materials produced by the quarry will be used in a public works project that requires construction work to be performed during the night or an emergency repair.

66.0441(3)(d) (d) Blasting.

66.0441(3)(d)1. 1. In this paragraph, “affected area” means an area within a certain radius of a blasting site that may be affected by a blasting operation, as determined using a formula established by the department of safety and professional services by rule that takes into account a scaled-distance factor and the weight of explosives to be used.

66.0441(3)(d)2. 2. Except as provided under subds. 3. and 4. and s. 101.02 (7y), a political subdivision may not limit blasting at a quarry.

66.0441(3)(d)3. 3. A political subdivision may require the operator of a quarry to do any of the following:

66.0441(3)(d)3.a. a. Before beginning a blasting operation at the quarry, provide notice of the blasting operation to each political subdivision in which any part of the quarry is located and to owners of dwellings or other structures within the affected area.

66.0441(3)(d)3.b. b. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a building survey of any dwellings or other structures within the affected area.

66.0441(3)(d)3.c. c. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a survey of and test any wells within the affected area.

66.0441(3)(d)3.d. d. Provide evidence of insurance to each political subdivision in which any part of the quarry is located.

66.0441(3)(d)3.e. e. Provide copies of blasting logs to each political subdivision in which any part of the quarry is located.

66.0441(3)(d)3.f. f. Provide maps of the affected area to each political subdivision in which any part of the quarry is located.

66.0441(3)(d)3.g. g. Provide copies of any reports submitted to the department of safety and professional services relating to blasting at the quarry.

66.0441(3)(d)4. 4. A political subdivision may suspend a permit for a violation of the requirements under s. 101.15 relating to blasting and rules promulgated by the department of safety and professional services under s. 101.15 (2) (e) relating to blasting only if the department of safety and professional services determines that a violation of the requirements or rules has occurred and only for the duration of the violation as determined by the department of safety and professional services.

66.0441(3)(d)5. 5. Nothing in this section exempts a quarry operator from applicable limitations on the time of day during which blasting activities may be conducted that are imposed by rules promulgated by the department of safety and professional services.

66.0441(3)(e) (e) Quarry permit requirements.

66.0441(3)(e)1. 1. A political subdivision may not add a condition to a permit during the duration of the permit unless the permit holder consents.

66.0441(3)(e)2. 2. If a political subdivision requires a quarry to comply with another political subdivision’s ordinance as a condition for obtaining a permit, the political subdivision that grants the permit may not require the quarry operator to comply with a provision of the other political subdivision’s ordinance that is enacted after the permit is granted and while the permit is in effect.

66.0441(3)(e)3. 3.

66.0441(3)(e)3.a. a. A town may not require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a county requires in order to grant a permit that is imposed by a county ordinance enacted after the county grants a permit to the quarry operator.

66.0441(3)(e)3.b. b. A county may not require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a town requires in order to grant a permit that is imposed by a town ordinance enacted after the town grants a permit to the quarry operator.

66.0441 History History: 2023 a. 12.

66.0442 66.0442 Electric vehicle charging stations.

66.0442(1) (1) In this section:

66.0442(1)(a) (a) “Level 1 charger” means a device with one or more charging ports and connectors for charging electric vehicles that operates on a circuit up to 120 volts and transfers alternating current electricity to a device in an electric vehicle that converts alternating current to direct current to recharge an electric vehicle battery.

66.0442(1)(b) (b) “Level 2 charger” has the meaning given for “AC Level 2” under 23 CFR 680.104.

66.0442(1)(c) (c) “Level 3 charger” means a direct current fast charger, as defined under 23 CFR 680.104, and analogous successor technologies.

66.0442(1)(d) (d) “Local governmental unit” means any of the following:

66.0442(1)(d)1. 1. A city, village, town, or county.

66.0442(1)(d)2. 2. A school district.

66.0442(1)(d)3. 3. A special purpose district in this state.

66.0442(1)(d)4. 4. An agency or corporation of an entity described in subd. 1. or 3.

66.0442(1)(d)5. 5. A combination or subunit of an entity described in this paragraph.

66.0442(1)(e) (e) “Municipal utility” has the meaning given in s. 16.957 (1) (q).

66.0442(2) (2) 

66.0442(2)(a) (a) Except as provided in pars. (b) and (c), no local governmental unit may own, operate, manage, or lease an electric vehicle charging station containing a Level 1, Level 2, or Level 3 charger unless the charger is not available to the public and is used solely to charge vehicles owned or leased by the local governmental unit.

66.0442(2)(b) (b) A local governmental unit may own, operate, manage, or lease an electric vehicle charging station at which a Level 1 charger or Level 2 charger is available to the public if the local governmental unit makes all Level 1 chargers or Level 2 chargers installed before March 22, 2024, available for public use free of any charge.

66.0442(2)(c) (c) A local governmental unit may own, operate, manage, or lease an electric vehicle charging station at which a Level 1 charger or a Level 2 charger installed on or after March 22, 2024, is available to the public if the local governmental unit charges a reasonable fee for the electricity delivered or placed by all such Level 1 chargers and Level 2 chargers.

66.0442(3) (3) Notwithstanding sub. (2) and subject to sub. (4), a local governmental unit may authorize an electric provider, as defined in s. 16.957 (1) (f), or a person described in s. 196.01 (5) (b) 8. to own and operate an electric vehicle charging station at which a Level 1 charger, Level 2 charger, or Level 3 charger is available to the public on property owned by the local governmental unit.

66.0442(3m) (3m) An electric provider, as defined in s. 16.957 (1) (f), or a person described in s. 196.01 (5) (b) 8. who is authorized under sub. (3) to own and operate an electric vehicle charging station at which a Level 1 charger, Level 2 charger, or Level 3 charger is available to the public on property owned by a local governmental unit, shall charge a reasonable fee for the electricity delivered or placed by all such chargers.

66.0442(4) (4) Notwithstanding sub. (2), a municipal utility existing on March 22, 2024, may own and operate an electric vehicle charging station that is available to the public and may charge a fee for using the electric vehicle charging station that is based on the amount of kilowatt-hours of electricity that users consume if all of the following apply:

66.0442(4)(a) (a) The electric vehicle charging station receives any approvals from the public service commission required under ch. 196.

66.0442(4)(b) (b) No tax revenue subsidizes, directly or indirectly, any costs associated with the electric vehicle charging station. This paragraph does not prohibit a municipal utility from using grant money from this state that is distributed after approval by the joint committee on finance under s. 13.10 or the federal government to pay costs associated with constructing an electric vehicle charging station if the purpose of the grant is to expand the availability of electric vehicle charging infrastructure.

66.0442(4)(c) (c) Notwithstanding s. 66.0811 (2), no revenue generated by the electric vehicle charging station is transferred to the general fund of the municipality that owns the municipal utility or otherwise directly or indirectly supplements any portion of the municipality’s budget.

66.0442(5) (5) No local governmental unit may require a private developer to install an electric vehicle charging station or allow the installation of an electric vehicle charging station on the developer’s property as a condition of granting a building permit, conditional use permit, or other approval. This subsection does not apply to the enforcement of a voluntary contractual agreement between a developer and local governmental unit.

66.0442 History History: 2023 a. 121.

subch. V of ch. 66 SUBCHAPTER V

OFFICERS AND EMPLOYEES

66.0501 66.0501 Eligibility for office.

66.0501(1) (1) Deputy sheriffs and municipal police. No person may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.

66.0501(2) (2) Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, during the term for which the member is elected, is eligible for any office or position which during that term has been created by, or the selection to which is vested in, the board or council, but the member is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional compensation, except a per diem, is paid to the representatives of the governing body and may fix the tenure of these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection does not apply to a member of any board or council described in this subsection who resigns from the board or council before being appointed to an office or position which was not created during the member’s term in office.

66.0501(3) (3) Appointments on consolidation of offices. Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.

66.0501(4) (4) Compatible offices and positions.

66.0501(4)(a) (a) A volunteer fire fighter, emergency medical services practitioner, or emergency medical responder in a city, village, or town whose annual compensation from one or more of those positions, including fringe benefits, does not exceed $25,000 if the city, village, or town has a population of 5,000 or less, or $15,000 if the city, village, or town has a population of more than 5,000, may also hold an elective office in that city, village, or town. It is compatible with his or her office for an elected village or town officer to receive wages under s. 60.37 (4) or 61.327 for work that he or she performs for the village or town.

66.0501(4)(b) (b) It is compatible with his or her office for a local public official, as defined in s. 19.42 (7x), to serve as an election official appointed under s. 7.30 (2) (a) and be compensated for that service, as provided under s. 7.03.

66.0501(5) (5) Employees may be candidates.

66.0501(5)(a) (a) In this subsection:

66.0501(5)(a)1. 1. “Political subdivision” means a city, village, town, or county.

66.0501(5)(a)2. 2. “Public employee” means any individual employed by a political subdivision, other than an individual to whom s. 164.06 applies and other than an individual to whom 5 USC 1502 (a) (3) applies.