Smart Growth and Comprehensive Planning 

(Budget Bill – AB 133, WI. Act 9)
The state budget bill included one of the most comprehensive pieces of state land-use legislation in 50 years. Collectively known as “Smart Growth” provisions, the legislation is designed to provide local communities with the tools necessary to create more balanced and comprehensive land-use plans. Moreover, it is intended to encourage sate agencies to create more balanced land-use rules and policies as well. The legislation was supported by a broad coalition of Realtors, builders, farmers, town and city officials, environmentalists, and transportation interests. The legislation provides a statutory framework for creating a more balanced land-use plans consisting of the following 9 elements: an issues and opportunities element; a housing element; a transportation element; a utilities and community facilities element; an intergovernmental cooperation element; a land-use element; and an implementation element. The new law also requires land-use plans and ordinances to be consistent with the comprehensive plan by the year 2010. Finally, the law provides state funding to local units of government to help create local comprehensive plans.

AB 872 – Technical Corrections Bill:
Following the passage of the Smart Growth initiatives in the state budget, some of the final language did not reflect the intent of the sponsors and was causing confusion among both the local planning community and state agencies. In an effort to address these issues and rectify the inconsistencies between the actual language and the legislative intent, the WRA helped draft, introduce and lobby AB 872. The bill passed both Houses of the legislature in the final weeks of session without a negative vote. 

Private Septic System Regulations 

(Comm 83)
The legislature gave final approval to a Thompson administration proposal that allows for the first time the use of new private on-site septic system technologies in Wisconsin. The new systems rely on the mechanics of the system, and not the soil, to purify wastewater. Because these systems are thus far less dependent on soils to function, (requiring as little as 6 inches of soil as opposed to the minimum of 24 inches required under current law), they can be used in far more areas of the state, giving local planners and officials more flexibility in designing their land use plans. Consequently, the new septic rules protect precious farmland and because the new septic systems must still meet Wisconsin’s tough water protection laws, this change will not endanger the state’s groundwater. The rules are now being promulgated by the Dept. of Commerce and new systems should be available sometime this summer. However, environmental and local government organizations have promised to bring a lawsuit in an attempt to stop or delay the new rules.

Highway Land Division Rules 

(Trans 233)
New rules effecting land divisions along state highways went into effective in February 1999, by the Dept. of Transportation (DOT). These rules, known as Trans 233 rules, contained numerous provisions impacting landowners and the land division process significantly. Under the rules, all land divisions (i.e.: CSMs, condominium plats, subdivision plats, and any other land division), that abut a state trunk highway, connecting highway, or service road that connects one of these highways, must be reviewed by the DOT. The WRA initiated a series of high level meetings with the DOT to address concerns regarding how the rules impact setbacks, the centralized review process, and existing improvements and plats. Later, a broad coalition of builders, local governments, farmers, petroleum marketers, and outdoor advertisers also joined in asking the DOT for changes. While these discussions continue, it is clear the DOT will make significant changes to these rules in the coming months. The most significant issue remaining relates to restrictions on permanent structures and improvements within 50 feet of a highway. 

Wetlands Mitigation 

(AB 859)
AB 859 authorizes the Dept. of Natural Resources (DNR) to allow wetlands mitigation as part of its permit approval determination. Wisconsin is one of the only states in the nation that does not allow wetlands mitigation – a process that allows for the creation or enhancement of wetlands to compensate for the disruption or degradation of other wetlands used to accommodate growth and development. The new law authorizes, but does not require, the DNR to consider wetland mitigation under certain circumstances; authorizes the creation of wetland banks; requires the granting of conservation easements to the DNR; and requires the DNR to promulgate rules to regulate mitigation projects. The WRA has long supported such legislation because it provides the tools necessary to both conserve our natural resources and accommodate growth in an efficient and cost-effective manner. The bill passed both Houses without opposition. 

Farmland Preservation 

(Budget Bill – AB 133, 1999 WI Act 9)
Governor Thompson proposed sweeping changes to the state’s farmland preservation law – a law widely criticized as ineffective and inefficient. The legislature however restored most of the existing program. However, the final budget compromise did address one of the single biggest problems with current law by eliminating the 35-acre minimum lot size requirement for the sale of land under exclusive agricultural zoning. Under the budget provisions, the 35-acre requirement was eliminated and instead local exclusive ag. zoning ordinances are simply required to specify a minimum lot size. The WRA supported this change, arguing the 35-acre minimum rule neither protected farms nor promoted sensible rural land use planning. 35 acres is too small for productive farming and too large for a homestead.

SB 472 – One Dwelling per 35-acre Density Requirement for Exclusive Ag. Zoning
Introduced late in the session by Senator Brian Burke at the urging of environmental groups, this legislation sought to establish a minimum density of 1 dwelling unit per 35 acres in areas zoned Exclusive Agriculture. Unlike the 35-acre minimum lot size requirement that was removed from the Farmland Preservation Program by the Budget Bill, this legislation attempted to limit the number of dwelling units, rather than the size of residential lots, in areas zoned for Exclusive Agriculture. The bill received a hearing (at which the WRA registered in opposition) but was never voted on prior to adjournment of the session. 

Underground Storage Tanks 

(Budget Bill – AB 133, 1999 WI Act 9)
The state budget contained several major initiatives regarding the removal and regulation of underground storage tanks. The WRA has supported efforts to increase the funding and efficiency of the PECFA program and thus supported these changes. Highlights include: authorizing the expenditure of $270 million in state bonding to address the backlog of pending funding requests under the PECFA program; authorize the Dept. of Commerce to create a classification of “high risk” petroleum sites and provide priority funding accordingly; create a risk-based analysis for sites to determine more site-specific remediation actions and allow for natural attenuation to complete certain remedial actions.

Honorable Mention (Did not pass)

• AB 356 – Environmental Audits
  AB 356 provides incentives to property owners who voluntarily disclose actual or possible violations of environmental regulations by granting them immunity form civil and criminal penalties. To quality for immunity, the property owner must demonstrate a sincere and independent willingness to remediate the violation by: conducting an environmental audit; voluntarily disclosing within 45 days any violations discovered; correcting the violation or make a good faith effort to achieve compliance with the regulation; and fully cooperating with the DNR in ay investigation. The bill passed the state Assembly by a voice vote but was not acted upon in the state Senate prior to adjournment of the session.
• AB 602 – DNR Permit Approvals
  AB 602 seeks to add reasonable certainty to the current permit application process at the Dept. of Natural Resources (DNR) for certain activities affecting navigable waters or the bed of a lake or stream. The legislation directs the DNR to establish specific time periods necessary to complete its review and act upon permit applications it receives. Rather than proscribing an arbitrary deadline, the DNR will be able to use its expertise in reviewing prior permit applications to come up with some reasonable time frame. Whatever time frames are determined, the bill allows for the DNR and the applicant to mutually extend the review period under certain conditions. This legislation addresses the DNR permit application process for activities affecting navigable waters where the current situation is at best a guessing game. In some cases, applicants must wait up to 5 years for a “simple” permit to build a driveway over a drainage ditch so they can access their property. The WRA has argued that while it is important to assess the potential impacts of a proposed activity on environmentally sensitive areas, there must be a reasonable time frame for acting upon permit applications in order to have a workable process. The legislation passed the state Assembly 79-19 but was not acted upon by the state Senate prior to the adjournment of session.