Review of Legislative Acts Passed in 2007-2008 Legislative Session
Prepared by
Richard J. Stdelman, Executive Director
Wisconsin Towns Association
April 7, 2008
The following acts which were passed in the 2007-2008 Legislative Session affect towns and municipalities and related issues. Complete copies of the Acts may be obtained from the Wisconsin Legislature’s website athttp://www.legis.state.wi.us/
WisAct 1 created a Government Accountability Board to replace the State Elections Board and State Ethics Board. Incorporates responsibility for election administration and ethics issues to the newly created Government Accountability Board.
WisAct 7 and modified by WisAct 195 provides that part time firefighters and emergency medical technicians may be paid on regular intervals of less than annually upon agreement of the firefighters and emergency medical technicians and the employing county, city, village, town, or voluntary fire companies organized under Chapter 181 or 213.
WisAct 9 provides for taste samples of fermented malt beverages and wine on Class “A” licensed premises, similar to wine samples on “Class A” licensed premises. Limit to no more than two 3 ounce samples of fermented malt beverages to a person in a day.
WisAct 19 modifies the property tax exemption under Sec. 70.11 (21) of Wis. Statutes (known as the “Newark decision) as follows: (a) Requires that, to be eligible for the property tax exemption, property must be “used exclusively and directly to remove, store, or cause a physical or chemical change in” industrial waste or air containments; (b) defines “industrial waste” as waste resulting from any of the various processes that “has no monetary or market value… and that would otherwise be considered superfluous, discarded or fugitive material;” (c) defines “used exclusively” with specific limitations; (d) deletes the separate reference to the use of wood wastes as fuel in the definition of “industrial waste;” and (e) specifies that the property tax assessments under the amended property tax exemption statute supersede prior property tax assessments under that statute.
WisAct 29 extended the speed limit of 55 mph on operation of snowmobiles during hours of darkness (defined as “The term “hours of darkness” is defined as the period of time between one-half hour after sunset and one-half hour before sunrise and all other times when there is not enough natural light to clearly see a person or a vehicle that is 500 feet away.) from July 1, 2007 to July 1, 2010.
WisAct 33 modifies the authority of a municipality to allow the use of “neighborhood electric vehicles” (which a motor vehicle propelled by electric power and that conforms to the definition and requirements for low-speed vehicles as adopted in the federal code for low-speed vehicles under 49 CFR 571.3 and 571.500, but under Wisconsin law specifically does not include a golf cart). If the municipal ordinance applies to connecting highways or intersections where the roadway crosses a state trunk highway within the municipality, the Dept. of Transportation may approve or disapprove the use of neighborhood electric vehicles on such connecting highways and intersections crossing a state trunk highway.
WisAct 34 provides for disclosure of library records, including surveillance tape, to law enforcement, including records of minors requested for criminal investigation that is alleged to have occurred in whole or in part on the library premises.
WisAct 42 replaces municipal franchising of cable television service with a state franchising process for video service offered by cable service providers and telecommunications providers. Major provisions of the Act include the following are taken from Wisconsin Legislative Council Information Memorandum IM-2008-1 prepared by David L Lovell, Senior Analyst and John Stolzenberg, Chief of Research Services:
A person may not offer video service by a land-based technology (i.e., other than satellite) without a franchise issued by the Department of Financial Institutions (DFI). An incumbent cable service provider may continue operating under its existing municipal franchise until that franchise expires.
• A video service provider must provide all of the following to each municipality in which it offers video service:
*A video service provider fee. The amount of the fee is, generally, the amount of any fee paid by an incumbent cable operator on the effective date, but not more than 5% of the video service provider’s gross revenues generated in the municipality.
*Capacity on the video service provider’s system for the broadcast of public, educational, and governmental (PEG) channels. The number of channels that must be provided is, generally, the number of channels that an incumbent cable operator provides on the effective date.
*If a municipality receives monetary support for PEG programming from an incumbent cable operator, the same obligation for a period of three years from the effective date.
• Municipalities may impose reasonable regulations, including reasonable fees, on the use of their public rights-of-way by video service providers, certain public utilities, and other entities that provide utility-type services. The Public Service Commission (PSC) must review a municipal regulation that an entity subject to the regulation believes is unreasonable, and void any regulation that it finds is unreasonable.
• The Act applies pre-existing cable service subscriber rights and privacy standards in state law to all video service providers and to satellite service providers.
• The Department of Agriculture, Trade, and Consumer Protection (DATCP) retains its current powers and duties for the setting and enforcement of video customer service standards; municipalities may enforce customer service standards under limited circumstances.
• A video service provider may not discriminate on the basis of income or race; a large telecommunications-based video service provider must meet certain standards for the proportion of a municipality’s residents who have access to its system.
WisAct 43 addresses (1) the determination of common municipal (city, village, and town) boundaries by agreement; and (2) the use of alternative dispute resolution (ADR) in annexation and other boundary disputes. The following information is from the Wisconsin Legislative Council Act Memo for Act 43 prepared by Don Dyke, Chief of Legal Services.
I. BOUNDARY AGREEMENTS
A. Boundary Agreements by Cooperative Plan (s. 66.0307, Stats.)
1. Current Procedure Simplified
The Act simplifies the current plan requirements of s. 66.0307, Stats., by substituting a general requirement for consistency with a comprehensive plan for the current detailed planning requirements. "Comprehensive plan" means a comprehensive plan under s. 66.1001, Stats., or, if a municipality has not adopted a comprehensive plan, the municipality's master plan. The Act also reduces from 120 to 60 the minimum number of days, following the last authorizing resolution by a participating municipality that must pass before the public hearing on the proposed cooperative plan may be held.
2. Mediated Agreement Procedure
If a city or village or a town declines to participate in the current procedure for developing a cooperative plan to determine common boundaries, the Act provides a procedure for an adjacent municipality to petition for development of a cooperative plan through mediation. If a city or village refuses to engage in mediation after being requested to do so, an annexation commenced during the shorter of 270 days after the refusal or the period beginning after the refusal until the city or villageagrees to engage in mediation may be contested by the petitioning town if the Department of Administration (DOA) determines the annexation is not in the public interest following an advisory review of the annexation. If a town refuses to engage in mediation, the town may not contest any annexation of its territory to the petitioning city or village that is commenced during the shorter of 270 days after the refusal or the period beginning after the refusal until the town agrees to engage in mediation.
If both parties agree to engage in mediation, the mediation period expires after 270 days unless the participating municipalities agree to extend the period. If a cooperative plan is developed through mediation, the Act provides a time period for holding a public hearing on the plan. Otherwise, the provisions of s. 66.0307 apply to a cooperative plan agreed to under the mediated agreement procedure.
B. Boundary Agreements Under General Intergovernmental Cooperation Authority (s. 66.0301, Stats.)
The Act establishes a specific procedure for common municipal boundaries to be determined by agreement under s. 66.0301, Stats. In addition to determining common boundaries, an agreement under the procedure may include any other provisions municipalities are authorized to agree to under s. 66.0301 and under s. 66.0305, Stats. (agreements to share revenues).
Once an agreement expires, all provisions of the agreement expire with the exception of boundary determinations, which remain until subsequently changed. The maximum term of an agreement is 10 years.
The s. 66.0301 boundary agreement procedure requires a public hearing on a proposed agreement and provides for a referendum of the electors residing within the territory whose jurisdiction is subject to change as a result of the agreement if a sufficient referendum petition is timely submitted.
A boundary agreement under s. 66.0301 may provide that during the term of the agreement, no other procedure for altering municipal boundaries may be used to alter a boundary that is affected by the agreement (subject to one exception).
C. Stipulated Boundary Agreements in Contested Boundary Actions (s. 66.0225, Stats.)
The Act limits the application of current s. 66.0225, Stats. (boundaries fixed by court judgment) to contested annexations and limits the scope of a boundary determination under that procedure to that portion of the boundary “that is the subject of the annexation.” The Act provides that contested consolidations, detachments, and incorporations may be settled by entering into an agreement under the new s. 66.0301 procedure or under s. 66.0307 (boundary agreements by a cooperative plan). Contested
annexations may also be so settled.
II. ALTERNATIVE DISPUTE RESOLUTION
The court and the parties to a contested annexation are encouraged under the Act to consider the applicability to the contested annexation of the current ADR provisions that apply generally to court proceedings, s. 802.12, Stats.
The Act requires DOA to make available on its public website a list of persons who have identified themselves as professionals qualified to facilitate ADR of annexation, boundary, and land use disputes.
Note WisAct 43 was effective January 19, 2008.
water facilities, and fees in lieu of public park dedications (among other things, the Act addresses the treatment of some of the preceding topics by 2005 Wisconsin Acts 203 and 477). The following information is from the Wisconsin Legislative Council Memo for Act 44 prepared by Don Dyke, Chief of Legal Services:
IMPACT FEES
Definition of “Public Facility”
2005 Wisconsin Act 477 deleted “other recreational facilities,” from the definition of “public facilities” eligible for funding under the impact fee law. Act 44 provides, with regard to impact fees imposed before June 14, 2006 (the effective date of Act 477), that “public facilities” includes “other recreational facilities” that were substantially completed by June 14, 2006. The provision sunsets 10 years after the Act’s effective date. The provision clarifies that previously imposed impact fees may continue to be collected for “other recreational facilities.”
Needs Assessment
The Act clarifies an element of the public facilities needs assessment that a municipality is required to prepare before imposing impact fees. Under the Act, the estimate of the capital costs of providing new public facilities or improvements or expansions of such facilities must include an estimate of the “cumulative” effect of “all proposed and existing” impact fees on the availability of affordable housing within the municipality.
When Payable
Currently, impact fees are payable within 14 days of the issuance of a building permit or within 14 days of the issuance of an occupancy permit. Under the Act, impact fees are payable upon issuance of a building permit.
Currently, impact fees must be used to pay the capital costs for which they were imposed within seven years after they are collected. Any fees not used must be refunded to the current property owner. A three-year extension for using fees is available for extenuating circumstances or hardship.
Under the Act:
1. Impact fees collected before January 1, 2003 must be used not later than December 31, 2012.
2. Impact fees collected after December 31, 2002, and before April 11, 2006, must be used not later than the first day of the 120th month beginning after the date on which the fee was collected.
3. Impact fees collected after April 10, 2006 and collected within seven years of the effective date of the ordinance imposing the fee must be used within 10 years after the effective date of the ordinance. The 10 year limit may be extended for three years if the municipality includes detailed written findings that specify the extenuating circumstances or hardship supporting the extension.
4. Impact fees collected after April 10, 2006 and collected more than seven years after the effective date of the ordinance imposing the fees must be used within a reasonable period of time after collected.
PASS-THROUGH OF PROFESSIONALSERVICESFEES
The Act provides that if a political subdivision enters into a contract to purchase engineering, legal, or other professional services from another professional service provider and the political subdivision passes along the cost for the services to another person under separate contract, the rate charged the other person for the professional services may not exceed the rate customarily paid for similar services by the political subdivision.
STORMWATERFACILITIES
Subdivision Plat Approval
Currently, a city or village, as a condition for accepting the dedication of, or placing on an official map, public or private ways, may require that designated facilities be provided without cost to the city or village or that a portion of the cost of such facilities be paid in advance. The Act adds to the noninclusive list of facilities express reference to storm water management or treatment facilities.
Acceptance of Dedicated Facilities
The Act provides that a dedication of lands within a subdivision plat that is intended to include a facility designed for reducing the quantity or quality impacts of storm water runoff from more than one lot is not accepted by the municipality unless the municipality agrees, until at least 80% of the lots in the subdivision have been sold and a registered professional engineer has certified to the municipality that the facility is functioning properly, required plantings are adequate and well established, and any
necessary maintenance has been properly performed.
FEES IN LIEU OF PARKLANDDEDICATION AND IMPROVEMENT
Currently, fees for land acquisition and improvements as a condition of subdivision approval are not authorized. The Act allows such fees to be imposed by cities, villages, and towns for the acquisition or initial improvement of land for public parks. “Improvement of land for public parks” is defined in the Act. A fee for the acquisition or initial improvement of land for public parks must bear a rational
relationship to a need for the acquisition or improvement and must be proportional to the need. (Note that the Act’s proportionality requirement also applies to any required land dedication, easement, or other public improvement required as a condition of subdivision approval.)
Effective Date: Act 44 takes effect January 19, 2008. The Act’s treatment of subdivision approval provisions in ch. 236 is subject to an initial applicability provision in Sec.13 of the Act, which states as follows:
SECTION 13.0Initial applicability.
(1) The treatment of sections 236.13 (2) (b), 236.29 (4), and 236.45 (6) (a), (ac), and (b) of the statutes first applies to a certified survey map, a preliminary plat, or, if no preliminary plat was submitted, a final plat that is submitted for approval on the effective date of this subsection.
WisAct 49 authorizes an elective member of a political subdivision governing body to refuse his or her salary. In order to refuse to accept the salary the member of the governing body must send a refusal notice to the local clerk and treasurer: (1) not less than 30 days after the officer’s election is certified; or (2) at least 30 days before the start of the member of the governing body taxable year. A refusal notice may not be rescinded but may be renewed.
WisAct 52 provides public access to the voter identification number assigned by the Government Accountability Board for all voters, and further provides that county clerk, deputy county clerk, and deputy municipal clerks are added to list of those that can view confidential voter information such as birth date, operator’s license number, social security number.
WisAct 56 provides for recall of elective town sanitary district commissioner under Sec. 9.10 of Wis. Statutes. No provision for recall of such elected sanitary district commissioners existed before this Act.
WisAct 57 authorizes a city or village to make or incur an expenditure for a project cost for TIF project within a radius of up to one-half mile of the TID’s boundaries, provided that the city’s or village’s proposed expenditure is approved by the joint review board.
WisAct 69 modifies the prohibition in Sec. 125.51 (1)(b) of Wis. Statutes that no member of the municipal governing body may sell or offer to sell to any person holding or applying for a license any bond, material, product or thing which may be used by the licensee in carrying on the business subject to licensure and states that no member of the a governing body with respect to issuance or denial of licenses under this section, do any act in violation of Sec. 19.59 (1) of Wis. Statutes.
WisAct 71 eliminates the “automatic” distribution of a copy of the Wisconsin Statutes to each town, village, city, and county clerk, plus other officers, however these officers may receive a copy of the Wisconsin Statutes at state expense by making a written request from the Department of Administration.
WisAct 72 provides as an alternative to publication of a complete notice, authorizes a local unit of government to publish a notice of an ordinance that contains at least all of the following information:
1. The number and title of the ordinance.
2. The date of enactment.
3. A summary of the subject matter and main points of the ordinance.
4. Information as to where the full text of the ordinance may be obtained, including the
telephone number of the county clerk, a street address where the full text of the ordinance
may be viewed, and a website, if any, at which the ordinance may be accessed.
WisAct 75 Under prior law, the Department of Commerce (Commerce) was required to maintain records of all fires occurring in this state. 2007 Wisconsin Act 75 replaces this with a requirement that, within 60 days of any fire that involves a building, the fire department of the city, village, or town where the fire occurred must file a report with the U.S. Fire Administration, for placement in that agency’s fire incident reporting system.
The Act specifies information that a fire report must include. It provides that Commerce may review, correct, or update any such report.
WisAct 83 Information from Wisconsin Legislative Council Act Memo for Act 83 prepared by Jessica L. Karls, Staff Attorney:
Current law provides that candidates for elective village office are nominated by caucus unless a majority of the governing body of a village, no later than December 1 preceding the election, or a charter ordinance provides that candidates for village office be nominated by a nonpartisan primary. Act 83 changes the nomination process for candidates for elective village office.
Under the Act 83, candidates are nominated by caucus, except that candidates may be nominated by a primary or nomination papers if one of the following occurs
* No later than December 1 preceding the election, a majority of the governing body of a village provides for the nomination of candidates for village office by nomination papers. Under this option, the governing body may, no later than three days after the deadline for filing nomination papers, provide for the nomination of candidates at the spring primary.
* No later than December 1 preceding the election, the electors of a village, equal to at least 10% of the vote for Governor in the village at the last general election, file a petition with the village clerk requesting a primary.
* The village provides by charter ordinance that whenever three or more candidates file nomination papers for a village office, a primary to nominate candidates for the office is held.
First applies to candidates nominated for village offices at the spring 2009 election.
WisAct 85 makes numerous changes related to the wine distribution and production, and the distribution and sale of other alcohol beverages. Most changes were related to wineries, manufacturers, and rectifiers, however one specific section generally requires “face to face retail sales” to be at retail licensed premises.
WisAct 86 revises several aspects of the law relating to objecting to property tax assessments. The following information is from theWisconsin Legislative Council Memo for Act prepared by Don Dyke, Chief of Legal Services:
Act 86 includes the following provisions relating to hearings before the board of review on objections to assessments:
* Requires the board of review to allow sufficient time for the hearing to permit the taxpayer and assessor to submit their evidence.
* Upon the objector’s request, requires the board of review to compel the attendance of witnesses for the hearing.
* Authorizes a taxation district to enact an ordinance for an extension of time for holding the board of review hearing. If an ordinance is enacted and the taxpayer submits an extension request and a $100 fee, the taxation district must grant a 60-day extension for the hearing (which may be extended further for good cause).
* If a taxation district enacts an ordinance allowing an extension for a board of review hearing:
*The taxation district must give specified notice concerning the last day on which a taxpayer may submit an objection under s. 70.47.
* Regardless of whether an extension is requested, an objecting taxpayer and the
assessor must present to the board of review all evidence (as specified in the
Department of Revenue Assessment Manual) on which they rely to support their
respective positions and any additional evidence they believe is relevant to
determining the correct assessment.
* If the taxpayer receives an extension, at least 10 days before the hearing the taxpayer and assessor must simultaneously exchange all reports, documents, and exhibits they will present at the hearing.
* The board of review may, on a showing of good cause, compel the attendance of witnesses for depositions.
Act 86:
* Requires a court, in an appeal from a board of review determination, to remand the assessment to the board for further proceedings if the court determines that the board lacked good cause to deny a request for a deposition subpoena.
* If a person who has been granted an extension for a board of review hearing challenges the board’s value determination in court, requires the court to presume the board’s valuation is correct; if that presumption is rebutted, requires the court to determine the assessment without deference to the board of review and based on the record before the board of review (the court may consider additional evidence under limited circumstances).
Limitation on Use of s. 74.37 Procedure
If a taxation district enacts an extension ordinance for board of review hearings, a taxpayer is not permitted to use the procedure in current s. 74.37, Stats., to contest an excessive assessment (and therefore, the taxpayer may not have a de novo court hearing via the s. 74.37 procedure)
.
Interest on s. 74.37 Excessive Assessment Claim
Act 86 revises the amount of interest on a claim or action under s. 74.37 from .08% per month from the filing of a claim to “the average annual discount rate determined by the last auction of 6-month treasury bills before the objection per day for the period of time between the time when the tax was due and the date that the claim was paid.”
Effective Date: March 28, 2008.
WisAct 119 requires DNR to designate by rule wild and feral swine as harmful animals. The current statutes provide that no person may introduce, stock, or
release, or import into this state to introduce, stock, or release, any harmful wild animal unless specifically authorized by DNR.
WisAct 121 includes several provisions relating to drainage districts. The following information is from the Wisconsin Legislative Council Memo for Act 121 prepared by Larry Konopacki, Staff Attorney. Act 121 includes the following provisions:
1. Requires a local governmental unit to make certain considerations relating to drainage districts when preparing or amending a comprehensive plan.
2. Requires a county, city, village, or town (political subdivision) to send notice to a drainage district before taking action that would allow the development of a residential, commercial, or industrial property that would likely increase the amount of water that the main drain of the drainage district would have to accommodate. Failure of a political subdivision to so notify the drainage district does not invalidate any decision made or action taken by the political subdivision.
3. Requires the Department of Agriculture, Trade, and Consumer Protection (DATCP), in cooperation with the state drainage engineer, to produce an educational pamphlet that describes the function of drainage districts, costs that may be assessed to persons whose property is located in a drainage district, and contact information for the state drainage engineer. The pamphlet shall be distributed to anyone who requests the pamphlet and is to be produced once every three years, beginning in 2009.
4. If a drainage board hires an engineer to conduct a study that is related the operation of a drain or the operation of the district, the board is required to notify the county and city, village, or town with jurisdiction, including extraterritorial jurisdiction, over the area to be subject to an engineering study. The board is also required to notify these entities of completion of the engineering study and to provide them information about where the study may be reviewed. Failure of the board to so notify these entities does not invalidate any decision made or action
taken by the board.
5. Requires a drainage board in existence on April 4, 2008, to meet by July 1, 2008 to develop a plan to notify, in writing, every person who owns land that is located within the drainage district that such land is in the district. By the first day of the second month that begins after that meeting, the drainage board must send the following to every person who owns land in the district: (a) written notification that the person owns land in the drainage district; (b) contact information for every member of the drainage board; (c) contact information for the state drainage engineer; and (d) general information about drainage districts.
6. Requires a drainage board to notify each person who owns land in the drainage district that such land is in the district every three years, beginning in 2009. The Act also requires a drainage board to annually provide contact information for drainage board members to the state drainage engineer and to the clerk of each political subdivision in which the district is located.
7. Requires a drainage board to provide the clerk of each taxation district in which the drainage district is located with a list of the assessments issued by the board each year and requires each property tax bill for parcels in the district to indicate the amount of the assessment issued on that property.
8. Requires the drainage board’s annual report to be filed with each town and city in which district territory is located.
9. Requires local units of government that receive the drainage board’s annual report to consider the report before making any zoning or planning decisions that may affect a drainage district that is located within its boundaries.
10. Requires a drainage board’s annual report to include a statement of a drainage district’s practices and policies.
11. Eliminates the requirement that the College of Agricultural and Life Sciences of the University of Wisconsin-Madison provide certain information on the soils, the agricultural value of the land, and prospective crop uses in a proposed drainage district over 200 acres in size.
12. Requires each petition for organization of a drainage district to contain certain information on the soils, the agricultural value of the land, and prospective crop uses in a proposed drainage district.
13. Requires a real estate condition report to include information on whether the property is located in a special purpose district, such as a drainage district, that has the authority to impose assessments against the property. The Act does not require a property owner who has furnished a real estate condition report to a buyer before November 1, 2008, to amend the real estate condition report to include this information.
Effective Date: April 4, 2008, except requirements related to real estate condition reports take effect on November 1, 2008.
Initial Applicability: The provisions described in items 2. and 4., above, apply to a development action, or an action resulting in the hiring of an engineer, that occurs on or after April 4, 2008. The requirements in item 1., above, apply to a political subdivision or regional planning commission that begins the process of creating or amending a comprehensive plan on or after April 4, 2008. The provisions described in items 7. through 10., above, first apply in 2009.
WisAct 122 increases the public contract minimum bid requirements for drainage districts from current $10,000 to $25,000 under Sec. 88.62 of Wis. Statutes.
WisAct 126 provides the Legislative Audit Bureau must maintain a toll-free number with voice mail at the bureau’s office to receive reports of fraud, waste, and mismanagement in state government.
WisAct 129 provides an exception to levy limits for revenue bonds and assessments for bonds for joint fire department.
WisAct 130 makes various changes in statutes relating to public health. See Wisconsin Legislative Council Act Memo for Act 130 prepared by Richard Sweet, Senior Staff Attorney at Wisconsin Legislative website under AB 483 or Act Memos.
One specific change of note is that a local health officer is specifically authorized in addition to “peace officers” to apply for special inspection warrants under Sec. 66.0119 of Wis. Statutes.
WisAct 188 specifically authorizes local governmental units to issue debt related to the brownfields revolving loan program.
WisAct 197 creates a restriction on county employees who have responsibilities related to private sewage systems. These employees may not conduct any soil testing (other than review of soil test reports for private sewage system installations), install, maintain, or repair sewage systems, sell private sewage systems or prepare designs for private sewage systems. This provision has a seven-month delayed effective date.
WisAct 204 Assembly Bill 297 relates to the regulation of certain structures in navigable waters, including specified bulkhead lines, piers, wharves, and boat slips.
Relevant Provisions in Assembly Bill 297
The bill creates a new statutory exemption from the requirement to obtain a permit for certain grandfathered piers and wharves (i.e., piers or wharves placed on or before February 2, 2004). In particular, an exempt grandfathered pier or wharf:
*May not be more than eight feet wide.
*May have a platform at the end of the pier (not wharf) that is 200 square feet or less or, if it is from 200 to 300 square feet, is no more than 10 feet wide.
*May not interfere with the riparian rights of any other riparian owner.
To obtain this exemption, the owner of a grandfathered pier or wharf must register it with the Department of Natural Resources (DNR) within 36 months after the effective date of the legislation. DNR may not charge a fee for the registration.
The bill allows the owner to repair, maintain, or replace an exempt grandfathered pier or wharf or a structure that is exempt from enforcement, but the owner may not enlarge the structure. The owner may also relocate or reconfigure a grandfathered pier or wharf if the owner registers the reconfigured or relocated pier or wharf, and the DNR does not object to the relocation or reconfiguration. The bill prohibits DNR from objecting to a minor relocation or reconfiguration. If the DNR objects to the relocation or reconfiguration, the owner may continue to maintain the pier or wharf in the original
location and configuration.
Senate Amendment 1
Senate Amendment 1 removes the authority of an owner to replace an exempt grandfathered pier or wharf or structure that is exempt from enforcement under the provisions in the bill described above. The owner may still repair and maintain the pier, wharf, or structure under the amendment.
The amendment also removes the prohibition on DNR objecting to a minor relocation or reconfiguration and the provision that if the DNR objects to the relocation or reconfiguration, the owner may continue to maintain the pier or wharf in the original location and configuration.
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