Section 233.012. Applicability.

 

(1)  In accordance with ss. 86.07 (2) , 236.12 , 236.34 and 236.45 , Stats., this chapter applies to all land division maps reviewed by a city, village, town or county, the department of administration and the department of transportation. This chapter applies to any land division that is created by plat or map under s. 236.12 or 236.45 , Stats., by certified survey map under s. 236.34 , Stats., or by condominium plat under s. 703.11 , Stats., or other means not provided by statute, and that abuts a state trunk highway, connecting highway or service road.

(2)  Structures and improvements lawfully placed in a setback area under ch. Trans 233 prior to February 1, 1999, or lawfully placed in a setback area before a land division, are explicitly allowed to continue to exist. Plats that have received preliminary approval prior to February 1, 1999, are not subject to the standards under this chapter as first promulgated effective February 1, 1999, if there is no substantial change between the preliminary and final plat, but are subject to ch. Trans 233 as it existed prior to February 1, 1999. Plats that have received final approval prior to February 1, 1999, are not subject to the standards under this chapter as first promulgated effective February 1, 1999, but are subject to ch. Trans 233 as it existed prior to February 1, 1999. Land divisions on which the department acted between February 1, 1999 and February 1, 2001 are subject to ch. Trans 233 as it existed February 1, 1999.

(3)  Any structure or improvement lawfully placed within a setback area under ch. Trans 233 prior to February 1, 1999, or lawfully placed within a setback area before a land division, may be kept in a state of repair, efficiency or validity in order to preserve from failure or decline, and if unintentionally or tortiously destroyed, may be replaced substantially in kind.

Cr. Register, January, 1999, No. 517 , eff. 2-1-99; renum. Trans. 233.012 to be (1), cr. (2) and (3), Register, January, 2001, No. 541 , eff. 2-1-01; correction made under s. 13.93 (2m) (b) 7., Stats., Register January 2004 No. 577 .