60.726 Property with private on-site wastewater treatment system included.
(1) Property that is excluded from a town sanitary district under s. 60.725 (1), 1995 stats., or, subject to sub. (2), property that is excluded from a town sanitary district under s. 60.725 (2), 1995 stats., shall be included in the town sanitary district, retroactive to April 19, 1990, and shall be subject to all property taxes, special assessments, special charges or other charges imposed or assessed by the town sanitary district on or after April 19, 1990.
(2) If a property owner installed on his or her property a private on-site wastewater treatment system that conforms with the state plumbing code, before a town sanitary district that encompasses that property came into existence, that property shall be included in the town sanitary district. If the private on-site wastewater treatment system was installed on or after 10 years before May 14, 1992, and if the property owner provides the town sanitary district with any information about the cost of the private on-site wastewater treatment system required by the district, the town sanitary district, when the district issues any assessment or charges or imposes property taxes to construct a sewage service system, shall pay or credit the property owner an amount equal to 10 percent of the cost of the private on-site wastewater treatment system, less any grants or aids received by the property owner for construction of the private on-site wastewater treatment system, multiplied by the number of years of remaining life of the private on-site wastewater treatment system. The number of years of remaining life of the private on-site wastewater treatment system is equal to 10 minus the number of years that the private on-site wastewater treatment system has been in operation.
History: 1991 a. 270; 1993 a. 213; 1997 a. 252; 2011 a. 146.
Homeowners did not have a constitutionally protected vested property right in being excluded from a sanitary district; retroactive application of sub. (1) requiring connection was constitutional. Vanderbloemen v. Town of West Bend, 188 Wis. 2d 458, 525 N.W.2d 133 (Ct. App. 1994).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
60.01 - Legal status; general powers.
60.03 - Division and dissolution of towns generally.
60.05 - Organization of towns in special cases.
60.06 - Validity of attachment or detachment.
60.07 - Delivery of papers to clerk of new town.
60.09 - When a county constitutes a town.
60.10 - Powers of town meeting.
60.12 - Special town meetings.
60.16 - First town meeting in new towns.
60.21 - Town board, increased size authorized.
60.22 - General powers and duties.
60.24 - Powers and duties of town board chairperson.
60.30 - Election, appointment of town officers; general provisions.
60.305 - Combined and part-time offices.
60.307 - Appointment of town assessors.
60.31 - Official oath and bond.
60.32 - Compensation of elective town offices.
60.321 - Reimbursement of expenses.
60.323 - Compensation when acting in more than one official capacity.
60.34 - Duties of town treasurer.
60.341 - Deputy town treasurer.
60.35 - Duties of town constable.
60.40 - Preparation and adoption of budget.
60.41 - Annual financial statement.
60.45 - Disbursements from town treasury.
60.47 - Public contracts and competitive bidding.
60.52 - Sewer and water systems of adjoining municipality.
60.53 - Service pipes and laterals.
60.54 - Solid waste transportation.
60.553 - Combined protective services.
60.555 - Fire safety regulations.
60.557 - Reimbursement for fire calls on highways.
60.563 - Rewards for crime information.
60.57 - Police and fire commission.
60.61 - General zoning authority.
60.62 - Zoning authority if exercising village powers.
60.625 - Required notice on certain approvals.
60.627 - Town construction site erosion control and storm water management zoning.
60.63 - Community and other living arrangements.
60.635 - Environmental protection; interstate hazardous liquid pipelines.
60.64 - Historic preservation.
60.71 - Creation of town sanitary district by town board order.
60.72 - Creation of town sanitary district by order of the department of natural resources.
60.726 - Property with private on-site wastewater treatment system included.
60.73 - Review of orders creating town sanitary districts.
60.74 - Commissioners; method of selection.
60.75 - Commissioners; requirements.
60.76 - Organization of the commission.
60.78 - Powers to borrow money and issue municipal obligations.
60.782 - Power to act as a public inland lake protection and rehabilitation district.
60.785 - Changes in district boundaries.
60.79 - Alteration of town sanitary districts.
60.80 - Publication or posting of ordinances and resolutions.
60.81 - Population; use of federal census.
60.82 - Regional planning programs.