2003 - 2004 LEGISLATURE
March 11, 2004 - Introduced by Representative Berceau. Referred to Committee
on Urban and Local Affairs.
1An Act to create
66.1001 (5) of the statutes; relating to: the applicability of city
2and village comprehensive plans in unincorporated territory.
Analysis by the Legislative Reference Bureau
Under current law, a county board may engage in zoning and land use planning
by creating a county planning agency or by designating a previously constituted
county committee or commission as the county planning agency. If a county board
creates or designates such an agency, the agency is required to direct the preparation
of a county development plan for the physical development of the towns within the
county and for the cities and villages within the county whose governing bodies agree
to have their areas included in the county plan.
Also under current law, a city or village, or certain towns that exercise village
powers, may create a city, village, or town plan commission to engage in zoning and
land use planning. If a city, village, or town creates such a commission, the
commission is required to adopt a master plan for the physical development of the
city, village, or town, including in some instances, in the case of a city or village,
unincorporated areas outside of the city or village which are related to the city's or
Under current law, if a local governmental unit (city, village, town, county, or
regional planning commission) creates a comprehensive plan (a development plan
or a master plan) or amends an existing comprehensive plan, the plan must contain
certain planning elements. The required planning elements include the following:
housing; transportation; utilities and community facilities; agricultural, natural,
and cultural resources; economic development; and land use.
Beginning on January 1, 2010, any program or action of a local governmental
unit that affects land use must be consistent with that local governmental unit's
comprehensive plan. The actions to which this requirement applies include zoning
ordinances, municipal incorporation procedures, annexation procedures,
agricultural preservation plans, and impact fee ordinances. Also beginning on
January 1, 2010, if a local governmental unit engages in any program or action that
affects land use, the comprehensive plan must contain at least all of the required
Current law authorizes cities and villages to exercise zoning authority within
their extraterritorial zoning jurisdiction. Extraterritorial zoning jurisdiction
consists of unincorporated areas (town or county territory) within three miles of the
corporate limits of a first, second, or third class city or within 1.5 miles of a fourth
class city or a village.
Under this bill, beginning on January 1, 2010, a comprehensive plan of a city
or village that affects the city's or village's extraterritorial zoning jurisdiction shall
control over a town or county comprehensive plan that affects that same area. This
provision is similar to a current law provision that states that a city or village master
plan and official map controls in the city's or village's extraterritorial zoning
jurisdiction over a county development plan that affects that same area.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB988, s. 1
66.1001 (5) of the statutes is created to read:
66.1001 (5) Extraterritorial zoning jurisdiction.
Beginning on January 1, 3
2010, a city or village comprehensive plan shall control over a town or county 4
comprehensive plan in the city's or village's extraterritorial zoning jurisdiction, as 5
that term is used in s. 62.23 (7a) (a).