AB 476

This bill concerns local governmental authority to regulate air quality, water

quality and quantity, and the use of explosives; local government highway use

contracts and local regulation of material disposal sites related to transportation

projects of the Department of Transportation (DOT); and local governmental

authority to regulate nonmetallic mining. Nonmetallic mining is extracting

nonmetallic materials, such as stone, gravel, clay, and sand.

Local regulation of nonmetallic mining

Under current law, a political subdivision (a city, village, town that is

authorized to exercise village powers, or county) is authorized to enact zoning

ordinances that regulate and restrict the height, number of stories, and size of

buildings and other structures, the percentage of lot that may be occupied, the size

of yards and other open spaces, the density of population, the location and use of

buildings, structures, and land for various purposes, and the areas in which

agriculture, industry, mining, and other activities may be conducted. If a county has

a county zoning ordinance, current law requires that before a town that is authorized

to exercise village powers may enact or amend a zoning ordinance, the town must

obtain county board approval. Similar authority to zone may be exercised by towns

that are not authorized to exercise village powers (limited towns) if certain

conditions are met, including a situation under which the town is located in a county

that does not have a county zoning ordinance and the county fails to enact such an

ordinance after the town petitions the county to do so.

Also under current law, a zoning ordinance enacted by a political subdivision

or limited town may not prohibit the continued lawful use of any building, premises,

structure, or fixture for any trade or industry for which the building, premises,

structure, or fixture is used when the ordinance takes effect, although in limited

towns such an ordinance may prohibit the alteration of, or addition to, any existing

building, premises, structure, or fixture that is used to carry on an otherwise

prohibited trade or industry within the area that is subject to the ordinance (district).

In political subdivisions, the alteration of, addition to, or repair in excess of 50

percent of the assessed value of any existing building, premises, structure, or fixture

to carry on any prohibited trade or industry within the district may be prohibited.

Generally, if such a nonconforming use of a building, premises, structure, or fixture

is discontinued for 12 months, any future use of the building, premises, structure,

or fixture must conform to the political subdivision's zoning ordinance. Under county

law, the continued use of a nonconforming temporary structure may be prohibited.

Under a current decision of the Wisconsin Supreme Court,

Zwiefelhofer v. Town

of Cooks Valley

, 338 Wis. 2d 488 (2012), the court held that a town ordinance enacted

under its police power, which regulated nonmetallic mining in the town, did not