SB 413 — Relating to: highway setback areas and the Department of Transportation's authority to approve subdivision plats. (FE)

- 2024 LEGISLATURE LRBs0240/1LRB-3897/1 EVM:skw&cdcEVM&KRP:skw SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 413 FebruarySeptember 7,8, 20242023 - OfferedIntroduced by SenatorSenators T OMCZYK ., FEYEN and STAFSHOLT, cosponsored by Representatives M URPHY, O CONNOR , B ODDEN, D ITTRIC, G REEN, GUNDRUM and W ITTK.

AReferred N A CT to createCommittee 86.074on ofTransportation theand statutes;Local Government.

A N A CT to amend 236.13 (1) (e);

and to create 86.074 of the statutes;

highway setback areas.areas and the Department of Transportation's authority to approve subdivision plats.

Analysis by the Legislative Reference Bureau This substitutebill amendmentlimits makesthe authority of the followingDepartment changesof Transportation with regard to theany bill:highway setback requirements maintained by DOT.

In particular, under the bill, the authority of DOT is limited in the following ways:

ModifiesA thesetback definitionarea ofregulated “highwayby setbackDOT area”may andnot “structure”extend andmore addsthan a50 definitionfeet from the nearest edge of “improvement.”the 2.right-of-way of the highway.

Modifies2. the definition of “substantial evidence” to include facts and information related to “the preservation of public interest or investment in state trunk or connecting highways.” 3.

AppliesAny thesetback limitationrequirements onimposed by DOT may regulate only structures that adversely affect the sizesafety of highwayentrance setbacksupon toor onlydeparture thosefrom setbackstate areastrunk establishedor afterconnecting highways or the bill'spreservation effectiveof date.public interest and investment in those highways.

3.

DOT must provide a procedure by which a person affected by setback requirements may request a variance to a requirement.

SpecifiesDOT thatmust theprovide Departmentaccurate ofand Transportationcurrent mayinformation recordabout aits renewalsetback ofrequirements aon specialits exceptionwebsite. waiver.

5.Under current law, DOT reviews, and has the right to object to, maps of certain divisions of land that abut or adjoin state trunk highways or connecting highways (plats).

RequiresCurrently, DOT reviews a plat to recorddetermine awhether specialDOT exceptionhas waiver.any objection based on the plat failing to comply with the rules of DOT relating to provision for the safety of entrance upon and departure from the abutting state trunk highways or - 2024 Legislature - 2 - LRB-3897/1 EVM&KRP:skw SENATE BILL 413 connecting highways and for the preservation of the public interest and investment in such highways.

6.The bill specifies that, as part of DOT's review, DOT must review the plat for compliance with DOT's requirements regarding variance requests related to setbacks created in the bill.

LimitsFor further information see the specialstate exceptionfiscal processestimate, which will be printed as an appendix to propertythis owners.bill.

7.

Allows a property owner to appeal a denial of a special exception to the Division of Hearings and Appeals.

SSECTION ECTION 1.

LRBs0240/1 - 2024 Legislature - 2 - EVM:skw&cdc SECTION 1 86.074 Highway setback areas.

(a) “Highway setback area” means an area abutting a highway in which the construction or placement of structures and improvements is prohibitedsubject withoutto arequirements specialimposed exception permit issued by the departmentdepartment. consistent with the terms of sub.

(2).(b) “Structure” includes a temporary or permanent addition to or betterment of real property that is not portable in nature.

(b)“Structure” “Improvement”does meansnot anyinclude permanentitems additionsuch toas portable swing sets, movable lawn sheds without pads or bettermentfootings, ofabove realground propertyswimming thatpools involveswithout thedecks, expendituresidewalks, ofbike laborpaths, orstorm moneywater tofacilities, makeor thenatural propertyfeatures, moreincluding usefullandscaping or valuable.berms.

“Improvement”(c) includes“Substantial parkingevidence” lots,means parallelfacts driveways,and surfaceinformation, orother sub-surfacethan utilitymerely structures,personal stormpreferences wateror facilities,speculation, loadingdirectly docks,pertaining in-groundto swimmingpublic pools,safety wells,or septicthe systems,requirements retainingand walls,conditions signs,an buildings,applicant buildingmust appendagesmeet suchto asobtain porches,a variance and drainagethat facilities.reasonable persons would accept in support of a conclusion.

“Improvement" does not include terraces, patios, landscaping, or open fences.

(c) “Special exception” means a special exception permit or waiver of requirement relating to placement of a structure or improvement in a highway setback area.

(d) “Structure” includes a temporary or permanent addition to or betterment of real property that is not portable in nature, but that adversely affects the safety of entrance upon or departure from state trunk or connecting highways or the preservation of public interest and investment in those highways, as determined by the department in its reasonable discretion.

“Structure” does not include items such as portable swing sets, movable lawn sheds without pads or footings, above ground swimming pools without decks, sidewalks, bike paths, or natural features, including landscaping or berms.

(e) “Substantial evidence” means facts and information, other than merely personal preferences or speculation, directly pertaining to public safety or the LRBs0240/1 - 2024 Legislature - 3 - EVM:skw&cdc SECTION 1 preservation of public interest and investment in state trunk or connecting highways, and directly pertaining to or the requirements and conditions an owner must meet to obtain a special exception and that reasonable persons would accept in support of a conclusion.

(a) AThe highway setback area establishedmay afternot extend more than 50 feet from the effectivenearest dateedge of thisthe paragraphright-of-way ....of the highway.

[LRBLRB-3897/1 inserts- date],2024 shallLegislature extend- not3 more- thanEVM&KRP:skw 50SECTION feet1 fromSENATE BILL 413 (b) The requirements imposed by the right-of-waydepartment linemay regulate only structures that adversely affect the safety of entrance upon or departure from state trunk or connecting highways or the highway.preservation of public interest and investment in those highways, as determined by the department in its reasonable discretion.

(b)(c) AnyThe setbackrequirements requirement imposed by the department undershall thisinclude sectiona mayspecification regulateof onlyrequirements structures and improvementsconditions that adverselymay affectbe theimposed safetyas ofa entrancecondition upon or departure from state trunk or connecting highways or the preservation of publicgranting interesta andvariance investmentto ina thoserequirement. highways, as determined by the department in its reasonable discretion.

(c)(d) NotwithstandingThe par.requirements imposed by the department shall include a procedure by which a person affected by a highway setback area may request a variance to a requirement.

(b),The theprocedure departmentshall mayinclude prohibitall the placement of any structure or improvement in the highwayfollowing: setback area only if the structure or improvement adversely affects the safety of the entrance upon or departure from the state trunk or connecting highways, or the preservation of the public interest and investment in those highways, as determined by the department in its reasonable discretion.

The department may order the removal, at owner's expense, of any structure or improvement located in a highway setback area unless the owner demonstrates that the structure or improvement was placed prior to establishing the highway setback area or a special exception is granted for the structure or improvement.

LRBs0240/1 - 2024 Legislature - 4 - EVM:skw&cdc S ECTION 1 (d) The department shall establish a special exception process to allow an owner to obtain a special exception to the requirements of par.

(b) or (c).

(e) The requirements imposed by the department under this section relating to the placement of a structure or improvement in a highway setback area shall include a procedure by which an owner of the property subject to a highway setback area may request a special exception to a requirement.

The special exception procedure under this paragraph applies to a person affected by a highway setback area, whenever the highway setback area requirement was established by the department.