In ascertaining whether a petition for annexation pursuant to (2) (a) has been signed by the "owners of one half of the land" in the proposed area of attachment, acreage within the territory constituting public streets and alleys is not to be taken into account in determining the sufficiency of the petition, no matter how owned or by whom, whether in fee simple, right-of-way, or easement for public benefit or reverter. (Language in Town of Menasha v. City of Menasha, 42 W (2d) 719, to the contrary is withdrawn.) International Paper Co. v. Fond du Lac, 50 W (2d) 529, 184 NW (2d) 834.
Where an owner petitions for annexation of a sizable block of land it is not void simply because it divides the town into 2 parts. Town of Waukechon v. Shawano, 53 W (2d) 593, 193 NW (2d) 661.
Where a city owned a road but the city limits did not extend the full width of the road, property on the other side is still contiguous. Where the boundaries of the parcel to be annexed are drawn by the petitioning landowners the city cannot be charged with arbitrary action. Town of Lyons v. Lake Geneva, 56 W (2d) 331, 202 NW (2d) 228.
Where property owners, in petitioning for annexation, divide a tract so as to control one parcel by property owners and the other by population, the 2 resulting annexations are valid. Town of Waukesha v. City of Waukesha, 58 W (2d) 525, 206 NW (2d) 585.
Abundant benefits to the state from the annexation under review, including the provision of police, fire and solid waste disposal services and library and recreational facilities satisfied the need factor of the rule of reason, since absent unfair inducement or pressures upon the petitioners for annexation, a showing of benefits to the annexed land can be considered on the question of need under the rule of reason. Town of Lafayette v. City of Chippewa Falls, 70 W (2d) 610, 235 NW (2d) 435.
A town from which 2 town islands were detached by annexation pursuant to (15) had no standing to challenge the constitutionality of the statute. Town of Germantown v. Village of Germantown, 70 W (2d) 704, 235 NW (2d) 486.
Sub. (15) is a clear and unambiguous provision allowing with certain exceptions for the annexation by a city or village in a single ordinance of all town islands meeting the statutorily defined criteria. Annexation by a city of 7 separate town islands via 7 separate municipal ordinances was impermissible under (15), since the power to annex must be exercised by a municipality in strict conformity with the statute conferring it. Town of Blooming Grove v. City of Madison, 70 W (2d) 770, 235 NW (2d) 493.
An eligible elector and a qualified elector are identical. Ch. 6 applies to annexation referendum elector qualifications under (6). Washington v. Altoona, 73 W (2d) 250, 243 NW (2d) 404.
Direct annexation not otherwise in conflict with "rule of reason" was not invalidated because petitioners were motivated by desire to obtain change in zoning of their land. Rule discussed. Town of Pleasant Prairie v. City of Kenosha, 75 W (2d) 322, 249 NW (2d) 581.
Where action challenging annexation was filed before (10) (a) limitation ran, and plaintiff town board had given no explicit authorization for commencement of action, subsequent attempt to ratify commencement of action was a nullity. Town of Nasewaupee v. City of Sturgeon Bay, 77 W (2d) 110, 251 NW (2d) 845.
Sub. (5) (d) ballot language requirement is directory and substantial compliance is adequate. Town of Nasewaupee v. Sturgeon Bay, 146 W (2d) 492, 431 NW (2d) 699 (Ct. App. 1988).
Under (5) (g), annexation fails in cases of tie vote. Town of Nasewaupee v. Sturgeon Bay, 146 W (2d) 492, 431 NW (2d) 699 (Ct. App. 1988).
See note to 893.73, citing Town of Sheboygan v. City of Sheboygan, 150 W (2d) 210, 441 NW (2d) 752 (Ct. App. 1989).
Annexation ordinance must meet "rule of reason" requirements. Application of rule discussed. Town of Menasha v. City of Menasha, 170 W (2d) 181, 488 NW (2d) 128 (Ct. App. 1992).
City could not reach across a lake to annex noncontiguous property. Town of Delevan v. City of Delavan, 176 W (2d) 516, 500 NW (2d) 268 (1993).
The prohibition in sub. (4) of the withdrawal of names from a petition prevents the withdrawal of the entire petition. Town of De Pere v. City of De Pere, 184 W (2d) 278, 516 NW (2d) 1 (Ct. App. 1994).
The last sentence of sub. (15) means that no city or village may annex land so that a town area is completely surrounded by the annexing city or village. The statute does not prohibit a "functional town island". Wagner Mobil, Inc. v. City of Madison, 190 W (2d) 585, 527 NW (2d) 301 (1995).
The legislature can constitutionally provide for the annexation of territory without referendum. 60 Atty. Gen. 294.
The rule of reason in Wisconsin annexations. Knowles, 1972 WLR 1125.
Detachment of territory.
Subject to s. 66.023 (7)
, territory may be detached from any city or village and be attached to any city, village or town, to which it is contiguous, in the following manner:
A petition signed by a majority of the owners of three-fourths of the taxable land in area within such territory or, if there is no taxable land therein, by all owners of such land, shall be filed with the clerk of the city or village from which detachment is sought, within 120 days after the date of publication of a class 1 notice, under ch. 985
, of intention to circulate a petition of detachment.
An ordinance detaching such territory may be enacted within 60 days after the filing of such petition, by vote of three-fourths of all the members of the governing body of the detaching city or village and its terms accepted within 60 days after such enactment, by an ordinance enacted by a vote of three-fourths of all the members of the governing body of the city, village or town to which such territory shall be annexed. The failure of any governing body to adopt the ordinance as provided herein shall be deemed a rejection of the petition and all proceedings thereunder shall be void.
The governing body of any city, village or town involved may, or if a petition conforming to the requirements of s. 8.40
signed by a number of qualified electors thereof equal to at least 5% of the votes cast for governor in the city, village or town at the last gubernatorial election, demanding a referendum thereon, is presented to it within 30 days after the passage of either of the ordinances herein provided for shall, cause the question to be submitted to the electors of the city, village or town whose electors petitioned therefor, at a referendum election called for such purpose within 30 days after the filing of such petition, or after the enactment of either ordinance. Whenever a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with s. 60.74 (6)
. The governing body of the municipality shall appoint 3 election inspectors who shall be resident electors to supervise the referendum. The ballots shall contain the words "For Detachment" and "Against Detachment". The inspectors shall certify the results of the election by their affidavits annexed thereto and file a copy with the clerk of each town, village or city involved, and none of the ordinances so provided for shall take effect nor be in force unless a majority of the electors shall approve the same. The referendum election shall be conducted in accordance with chs. 6
insofar as applicable.
Whenever any area which has been subject to a city or village zoning ordinance is detached from one municipality and attached to another in accordance with this section, the regulations imposed by such zoning ordinance shall continue in effect and shall be enforced by the attaching city, village or town until changed by official action of the governing body of such municipality, except that if the detachment or attachment is contested in the courts, the zoning ordinance of the detaching municipality shall prevail, and such city or village shall have jurisdiction over the zoning in the area affected until ultimate determination of the court action.
The ordinance, certificate and plat shall be filed and recorded in the same manner as for annexations under s. 66.021 (8) (a)
. The requirements for the secretary of state shall be the same as in s. 66.021 (8) (b)
Because the creation of congressional, legislative, supervisory and aldermanic districts of equal population is a matter of statewide concern, any detachment action that affects a tract of land that is the subject of an ordinance enacted or resolution adopted by any city during the period from January 1, 1990, to April 1, 1991, or any later date, expressing an intent to not exercise the city's authority to annex territory before April 1, 1991, or the specified later date, taken by a municipality during the period beginning on April 1 of the year commencing after each federal decennial census of population and ending on June 30 of the year commencing after that census, is effective on July 1 of the year commencing after that census or at such later date as may be specified in the detachment ordinance. This subsection first applies to detachments effective after March 31, 1991.
See s. 62.075
for special provision for detachment of farm lands from cities.
Boundary change pursuant to approved cooperative plan. 66.023(1)(a)
"Department" means the department of commerce.
"Municipality" means a city, village or town.
(2) Boundary change authority.
Any combination of municipalities may determine the boundary lines between themselves under a cooperative plan that is approved by the department under this section. No boundary of a municipality may be changed or maintained under this section unless the municipality is a party to the cooperative agreement. The cooperative plan shall provide one or more of the following:
That specified boundary line changes shall occur during the planning period and the approximate dates by which the changes shall occur.
That specified boundary line changes may occur during the planning period and the approximate dates by which the changes may occur.
That a required boundary line change under par. (a)
or an optional boundary line change under par. (b)
shall be subject to the occurrence of conditions set forth in the plan.
That specified boundary lines may not be changed during the planning period.
Who may prepare plan.
The municipalities that propose to set the boundary lines between themselves under this section shall prepare a cooperative plan.
Purpose of plan.
The cooperative plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory covered by the plan which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development.
Content of plan; physical development of territory.
The cooperative plan, and any accompanying maps, plats, charts and descriptive and explanatory materials, shall show the plan agreed upon for the physical development of the territory covered by the plan. The plan may include, without limitation because of enumeration, any of the following:
The general location, character and extent of streets, highways, freeways, street grades, roadways, walks, bridges, viaducts, parking areas, tunnels, public places and areas, parks, parkways and playgrounds.
Sites for public buildings and structures, airports, pierhead and bulkhead lines and waterways.
The general location and extent of sewers, water conduits and other public utilities, whether privately or publicly owned.
The acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals described in subds. 1.
The general location, character and extent of community centers and neighborhood units.
The general character, extent and layout of the replanning of blighted districts and slum areas.
Content of plan; boundaries and services.
The cooperative plan shall:
Identify any boundary change and any existing boundary that may not be changed during the planning period.
Identify any conditions that must be met before a boundary change may occur.
Include a schedule of the period during which a boundary change shall or may occur.
Include a statement explaining how any part of the plan related to the location of boundaries meets the approval criteria under sub. (5) (c) 4.
Describe the services to be provided to the territory covered by the plan, identify the providers of those services and indicate whether the provision of any service has received preliminary approval of any relevant governmental regulatory authority.
Include a schedule for delivery of the services described under subd. 5.
Include a statement explaining how provision under the plan for the delivery of necessary municipal services to the territory covered by the plan meets the approval criterion under sub. (5) (c) 3.
Designate the municipalities that are participating in the cooperative plan and that are required to ratify any boundary changes by enacting an ordinance under sub. (10)
Content of plan; environmental consequences and housing needs.
The cooperative plan shall:
Identify any significant adverse consequences to the natural environment, including air and water pollution, energy use, development outside compact urban areas and contribution to urban sprawl, that may be caused by the proposed physical development of the territory covered by the plan.
Demonstrate that each participating municipality has considered alternatives to the proposed physical development of the territory covered by the plan, in order to minimize or avoid significant adverse environmental consequences, including those under subd. 1.
, and include in the plan a description of the alternatives considered.
If the physical development of the territory covered by the plan is subject to federal environmental laws or regulations, state laws or state environmental rules, describe how compliance with the laws, regulations or rules will be achieved.
Address the need for safe and affordable housing to meet the needs of diverse social and income groups in each municipality that is participating in the preparation of the plan.
Content of plan; compatibility with existing law.
The cooperative plan shall describe how the plan is consistent with current state and federal laws, county shoreland zoning ordinances under s. 59.692
, municipal regulations and administrative rules that apply to the territory affected by the plan.
Content of plan; planning period.
The cooperative plan shall specify the duration of the proposed planning period, which shall be for a period of 10 years, except that the duration of the proposed planning period may be for a period greater than 10 years if a duration greater than 10 years is approved by the department.
Content of plan; zoning agreement.
The cooperative plan shall include all agreements under sub. (7m)
Existing plans may be used.
A cooperative plan may be based on, contain elements of or duplicate any existing plan for the same territory.
(4) Procedure for adopting cooperative plan. 66.023(4)(a)(a)
Each municipality that intends to participate in the preparation of a cooperative plan under this section shall adopt a resolution authorizing participation in the preparation of the plan. Notice of each resolution shall be given in writing, within 5 days after the resolution is adopted, to all of the following:
The department, the department of natural resources, the department of agriculture, trade and consumer protection and the department of transportation.
The clerks of any municipality, school district, technical college district, sewerage district or sanitary district which has any part of its territory within 5 miles of a participating municipality.
The clerk of each county in which a participating municipality is located.
Any county zoning agency under s. 59.69 (2)
or regional planning commission whose jurisdiction includes a participating municipality.
At least 120 days after adoption under par. (a)
of the last resolution by a participating municipality and at least 60 days before submitting a cooperative plan to the department for review and approval under sub. (5)
, the participating municipalities shall hold a joint hearing on the proposed plan. Notice of the hearing shall be given by each participating municipality by class 3 notice under ch. 985
Comment on plan.
Any person may comment on the plan during the hearing and may submit written comments before, at or within 20 days following the hearing. All comments shall be considered by each participating municipality. Any county zoning agency under s. 59.69 (2)
or regional planning commission whose jurisdiction includes any participating municipality shall comment in writing on the plan's effect on the master plan adopted by the regional planning commission under s. 66.945 (9)
, or development plan adopted by the county board or county planning agency under s. 59.69 (3)
, and on the delivery of municipal services, and may comment on any other aspect of the plan. Any county in the regional planning commission's jurisdiction may submit comments on the effect of the cooperative plan on the master plan adopted under s. 66.945 (9)
and on the delivery of county services or on any other matter related to the plan.
Subject to subd. 2.
, after the public hearing under par. (b)
and consideration of comments made on the proposed cooperative plan, the plan participants may revise the plan in response to the comments and may, by resolution adopted by each participating municipality, adopt a final version of the plan.
If within 30 days after the public hearing under par. (b)
a petition opposing the plan, signed by a number of qualified electors equal to at least 10% of the votes cast for governor in the municipality at the last gubernatorial election, is filed with the clerk of a participating municipality, the final version of the plan may be adopted in that municipality only by an affirmative vote of three-fourths of the members of the municipality's governing body who are present and voting. The petition shall conform to the requirements of s. 8.40
Within 30 days after adoption of a final plan under par. (d)
, the governing body of a participating municipality may adopt a resolution calling for an advisory referendum on the plan. An advisory referendum shall be held if, within 30 days after adoption of the final plan under par. (d)
, a petition, signed by a number of qualified electors equal to at least 10% of the votes cast for governor in the municipality at the last gubernatorial election, is filed with the clerk of a participating municipality, requesting an advisory referendum on the cooperative plan. The petition shall conform to the requirements of s. 8.40
The advisory referendum shall be held within 30 days after adoption of the resolution under subd. 1.
calling for the referendum or within 30 days after receipt of the petition by the municipal clerk. The municipal clerk shall give notice of the referendum by publishing a notice in a newspaper of general circulation in the municipality, both on the publication day next preceding the advisory referendum election and one week prior to that publication date.
The advisory referendum shall be conducted by the municipal election officials. The governing body of the municipality may specify the number of election officials for the referendum. The ballots shall contain the words "For the cooperative plan" and "Against the cooperative plan" and shall otherwise conform to the provisions of s. 5.64 (2)
. The election shall be conducted as are other municipal elections in accordance with chs. 6
, insofar as applicable.
The election inspectors shall report the results of the election, showing the total number of votes cast and the numbers cast for and against the cooperative plan. The election inspectors shall attach their affidavit to the report and immediately file the report in the office of the municipal clerk. The election inspector shall file a certified report of the results in the office of the clerk of each municipality that is a party to the cooperative plan.
The costs of the advisory referendum election shall be borne by the municipality that holds the election.
Submittal of final plan to department.
If no advisory referendum is held under par. (e)
, the plan participants may submit the final version of the cooperative plan to the department for approval under sub. (5)
at least 60 days but not more than 180 days after the public hearing under par. (b)
. If an advisory referendum is held under par. (e)
, each participating municipality shall determine, by resolution, whether to submit the final version of the cooperative plan to the department for approval under sub. (5)
. The resolution shall be adopted within 60 days after the last advisory referendum is held. If any of the plan participants fails or refuses to approve submittal of the cooperative plan to the department, the plan may not be submitted. Any written comment received by a participating municipality on any version of the cooperative plan shall be submitted to the department at the time that the cooperative plan is submitted. If the cooperative plan is not submitted to and approved by the department, it may not be implemented under this section by any of the participating municipalities.
(5) Department review and approval of local or cooperative plan. 66.023(5)(a)(a)
The department shall make a written determination of whether to approve a cooperative plan within 90 days after receiving the plan unless the department and the parties to the plan agree to a longer determination period. The department shall consider written comments on the plan received by a municipality under sub. (4) (c)
that is submitted to the department under sub. (4) (f)
or from any other source. The department may request information relating to the cooperative plan, including any comprehensive plan or land use plan currently being utilized by any participating municipality, from that municipality, and from any county or regional planning commission. The department may seek and consider comments from any state agency on whether the cooperative plan is consistent with state laws and administrative rules under the agency's jurisdiction. Any state agency requested to comment on a cooperative plan shall comply with the request. The department shall issue its determination of whether to approve the cooperative plan in writing, supported by specific findings based on the criteria under par. (c)
. The approval or disapproval of a cooperative plan by the department under this section is not a contested case, as defined in s. 227.01 (3)
, for purposes of ch. 227