SB394,40 9Section 40. 236.02 (9b) of the statutes is created to read:
SB394,21,1110 236.02 (9b) "Professional land surveyor" means a professional land surveyor
11licensed under ch. 443.
SB394,41 12Section 41. 236.025 of the statutes is created to read:
SB394,21,14 13236.025 Ordinary high water marks. (1) For purposes of ss. 236.15 (1) (ag)
14and (d) and 236.20 (2) (g), a professional land surveyor may do any of the following:
SB394,21,1715 (a) Incorporate into a map, plat, or survey an ordinary high water mark that
16has been determined by the department of natural resources or otherwise
17determined pursuant to law.
SB394,21,1918 (b) Approximate the ordinary high water mark and incorporate that mark into
19a map, plat, or survey.
SB394,21,25 20(2) For purposes of sub. (1) (b), the location of the approximate ordinary high
21water mark shall be the point on the bank of a navigable perennial stream or on the
22shore of a lake up to which the presence and action of surface water is so continuous
23as to leave a distinctive mark by erosion, destruction, prevention of terrestrial
24vegetation, predominance of aquatic vegetation, or other easily recognized
25characteristic.
SB394,22,3
1(3) For purposes of this section, a map, plat, or survey that shows an
2approximate ordinary high water mark shall state on its face that the mark is shown
3for reference only.
SB394,42 4Section 42. 236.03 (2) of the statutes is amended to read:
SB394,22,85 236.03 (2) This chapter does not apply to cemetery plats made under s. 157.07
6and assessors' plats made under s. 70.27, but such assessors' plats shall, except in
7counties having a population of 500,000 or more, comply with ss. 236.15 (1) (a) (ac)
8to (g) and 236.20 (1) and (2) (a) to (e), unless waived under s. 236.20 (2) (L).
SB394,43 9Section 43. 236.11 (2) of the statutes is renumbered 236.11 (2) (a) and
10amended to read:
SB394,23,211 236.11 (2) (a) The subdivider or subdivider's agent shall submit to the body or
12bodies having authority to approve plats an electronic copy of the final plat or a copy
13of the final plat that is capable of legible reproduction. The approving authority or
14authorities
shall approve or reject the final plat within 60 days of its submission,
15unless the time is extended by agreement with the subdivider or subdivider's agent.
16When the approving authority is a municipality and determines to approve the plat,
17it shall give at least 10 days' prior written notice of its intention to the clerk of any
18municipality whose boundaries are within 1,000 feet of any portion of such proposed
19plat but failure to give such notice shall not invalidate any such plat. If a plat is
20rejected, the reasons therefor shall be stated in the minutes of the meeting and a copy
21thereof or a written statement of the reasons shall be supplied to the subdivider or
22subdivider's agent
. If the approving authority fails to act within 60 days and the time
23has not been extended by agreement and if no unsatisfied objections have been filed
24within that period, the plat shall be deemed approved, and, upon demand, a

1certificate to that effect shall be made on the face of the plat by the clerk of the
2authority which that has failed to act.
SB394,44 3Section 44. 236.11 (2) (b) of the statutes is created to read:
SB394,23,114 236.11 (2) (b) The approval of the approving authority or authorities may be
5based on the copy submitted under par. (a) but the approval must be inscribed on the
6recordable plat document. Before inscribing its approval, the approving authority
7shall require the subdivider or subdivider's agent to certify the respects in which the
8recordable plat document differs from the copy, if any. An approving authority must
9approve all modifications in the final plat before it gives final approval to the plat.
10No approving authority may inscribe its final approval on a plat before the affixing
11of the certificate by the department under s. 236.12 (3).
SB394,45 12Section 45. 236.12 (2) (intro.) and (a) of the statutes are consolidated,
13renumbered 236.12 (2) (ap) and amended to read:
SB394,24,914 236.12 (2) (ap) Within 2 days after a preliminary or final plat is submitted for
15approval, legible copies, together with a list of the authorities to which the plat must
16be submitted for approval under s. 236.10 or objection under this subsection,
17furnished by the subdivider at the subdivider's expense, shall be sent, by the clerk
18or secretary of the approving authority to which the plat is submitted, to the
19following agencies which have authority
under par. (ac), the department shall
20transmit an electronic copy of the plat, or, if the department prefers, 2 legible hard
21copies of the plat, to each state agency authorized
to object to the plat: (a) Two copies
22for each of the state agencies required to review the plat to the department which
23shall examine the plat for compliance with ss. 236.15, 236.16, 236.20 and 236.21 (1)
24and (2)
under this paragraph. If the subdivision abuts or adjoins a state trunk
25highway or connecting highway, the department shall transmit 2 a copy or copies of

1the plat
to the department of transportation so that the agency may determine
2whether it has any objection to the plat on the basis of its rules as provided in s.
3236.13. If the subdivision is not served by a public sewer and provision for that
4service has not been made, the department shall transmit 2 a copy or copies of the
5plat
to the department of safety and professional services so that that the agency may
6determine whether it has any objection to the plat on the basis of its rules as provided
7in s. 236.13. In lieu of this procedure the agencies may designate local officials to act
8as their agents in examining the plats for compliance with the statutes or their rules
9by filing a written delegation of authority with the approving body.
SB394,46 10Section 46. 236.12 (2) (ac) of the statutes is created to read:
SB394,24,1411 236.12 (2) (ac) The subdivider or subdivider's agent shall submit an electronic
12copy of the preliminary or final plat, or a copy of the preliminary or final plat that
13is capable of clearly legible reproduction, to the department, which shall examine the
14plat for compliance with ss. 236.15, 236.16, 236.20, and 236.21 (1) and (2).
SB394,47 15Section 47. 236.12 (2) (b) of the statutes is amended to read:
SB394,25,316 236.12 (2) (b) Four copies Within 2 days after a preliminary or final plat is
17submitted under par. (ac), the department shall transmit an electronic copy of the
18plat, or, if the department prefers, 4 legible hard copies of the plat,
to the county
19planning agency, if the agency employs on a full-time basis a professional engineer,
20a planner, or other person charged with the duty of administering planning
21legislation and adopts a policy requiring submission so that the body may determine
22if it has any objection to the plat on the basis of a conflict with park, parkway,
23expressway, major highways, airports, drainage channels, schools, or other planned
24public developments. If no county planning agency exists, then 2 copies to the county
25park commission except that in a county with a county executive or county

1administrator, 2 copies to the county park manager, if the subdivision abuts a county
2park or parkway so that the body may determine if it has any objection to the plat
3on the basis of a conflict with the park or parkway development.
SB394,48 4Section 48. 236.12 (3) and (6) of the statutes are consolidated, renumbered
5236.12 (3) and amended to read:
SB394,26,76 236.12 (3) Within 20 days of after the date of receiving the copies of the plat
7any agency having authority to object under sub. (2) shall notify the subdivider or
8subdivider's agent
and all approving or objecting authorities other agencies having
9the authority to object
of any objection based upon failure of the plat to comply with
10the statutes or rules which that its examination under sub. (2) is authorized to cover,
11or, if there is no objection, it shall so certify on the face of a copy of the plat and return
12that copy to the approving authority from which it was received. The plat shall not
13be approved or deemed approved until any objections have been satisfied. If the
14objecting agency fails to act within the 20-day limit it shall be deemed to have no
15objection to the plat. No approving authority may inscribe its approval on a plat prior
16to the affixing of the certificates under either sub. (4) or (6).
(6) In lieu of the
17procedure under subs. (2) to (5), the subdivider or the subdivider's agent may submit
18the original plat to the department which shall forward 2 copies to each of the
19agencies authorized by sub. (2) to
9 department shall have the required number of
20copies made at the subdivider's expense. Within 20 days of the date of receiving the
21copies of the plat any agency having authority to object under sub. (2) shall notify the
22subdivider, and all agencies having the authority to object, of any objection based
23upon failure of the plat to comply with the statutes or rules which its examination
24under sub. (2) is authorized to cover, or, if there is no objection, it shall so certify on
25the face of a copy of the plat and return that copy to the
department. After each

1agency and the department have certified that they have no objection or that their
2objections have been satisfied, the department shall so certify on the face of the plat.
3If an agency fails to act within 20 days from the date of the receipt of on which it
4received the copy or
copies of the plat, and the department fails to act within 30 days
5of receipt of the original from the date on which it received the copy of the plat, it shall
6be deemed that there are no objections to the plat and, upon demand, it the
7department
shall be so certified certify on the face of the plat by the department.
SB394,49 8Section 49. 236.12 (4) of the statutes is repealed.
SB394,50 9Section 50. 236.12 (5) of the statutes is repealed.
SB394,51 10Section 51. 236.12 (8) of the statutes is renumbered 236.12 (4m) and amended
11to read:
SB394,26,2112 236.12 (4m) In order to facilitate approval of the final plat where whenever
13more than one approval is required, the subdivider may or subdivider's agent shall
14file a true copy of the plat with the each approving authority or authorities with
15which the original of the final plat has not been filed. The approval of such
16authorities may be based on such copy but shall be inscribed on the original of the
17final plat. Before inscribing its approval, the approving authority shall require the
18surveyor or the owner to certify the respects in which the original of the final plat
19differs from the copy. All modifications in the final plat shall be approved before final
20approval is given
a true copy of the plat that the subdivider or subdivider's agent
21submitted to the department
.
SB394,52 22Section 52. 236.13 (2) (a) of the statutes is amended to read:
SB394,27,1123 236.13 (2) (a) As a further condition of approval, the governing body of the town
24or municipality within which the subdivision lies may require that the subdivider
25make and install any public improvements reasonably necessary or that the

1subdivider execute a surety bond or provide other security to ensure that he or she
2will make those improvements within a reasonable time. The subdivider may
3construct the project in such phases as the governing body approves, which approval
4may not be unreasonably withheld. If the subdivider's project will be constructed in
5phases, the amount of any surety bond or other security required by the governing
6body shall be limited to the phase of the project that is currently being constructed.
7The governing body may not require that the subdivider provide any security for
8improvements sooner than is reasonably necessary before the commencement of the
9installation of the improvements. This paragraph applies to all preliminary and
10final plats, regardless of whether submitted for approval before, on, or after the
11effective date of this paragraph .... [LRB inserts date].
SB394,53 12Section 53. 236.13 (2m) of the statutes is amended to read:
SB394,28,213 236.13 (2m) As a further condition of approval when lands included in the plat
14lie within 500 feet of the ordinary high-water mark of any lake, any navigable
15perennial stream, lake or any other body of navigable water or if land in the proposed
16plat involves lake or navigable perennial stream shorelands referred to in s. 236.16,
17the department of natural resources, to prevent pollution of navigable waters, or the
18department of safety and professional services, to protect the public health and
19safety, may require assurance of adequate drainage areas for private on-site
20wastewater treatment systems and building setback restrictions, or provisions by
21the owner for public sewage disposal facilities for waters of the state, as defined in
22s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as
23defined in s. 281.01 (7). The public sewage disposal facilities may consist of one or
24more systems as the department of natural resources or the department of safety and

1professional services determines on the basis of need for prevention of pollution of
2the waters of the state or protection of public health and safety.
SB394,54 3Section 54. 236.15 (1) (intro.) of the statutes is renumbered 236.15 (1) (ac) and
4amended to read:
SB394,28,95 236.15 (1) (ac) All of the monuments required in pars. (a) (ag) to (h) shall be
6placed flush with the ground where if practicable. Whenever placement of a
7monument under this subsection is required at a corner or point that falls within a
8street or proposed future street, the monument shall be placed in the side line of the
9street if practicable.
SB394,55 10Section 55. 236.15 (1) (a) of the statutes is renumbered 236.15 (1) (ag) and
11amended to read:
SB394,28,2512 236.15 (1) (ag) The external boundaries of a subdivision shall be monumented
13in the field by monuments of concrete containing a ferrous rod one-fourth inch in
14diameter or greater imbedded its full length, not less than 18 inches in length, not
15less than 4 inches square or 5 inches in diameter, and marked on the top with a cross,
16brass plug, iron rod, or other durable material securely embedded; or by iron rods or
17pipes at least 18 inches long and 2 inches in diameter weighing not less than 3.65
18pounds per lineal foot. Solid round or square iron bars of equal or greater length or
19weight per foot may be used in lieu of pipes wherever pipes are specified in this
20section. These monuments shall be placed at all corners, at each end of all curves,
21at the point where a curve changes its radius, at all angle points in any line and at
22all angle points along the meander line, said points to be not less than 20 feet back
23from the determined or approximated ordinary high water mark of the lake or from
24the bank of the stream, except that when such corners or points fall within a street,
25or proposed future street, the monuments shall be placed in the side line of the street
.
SB394,56
1Section 56. 236.15 (1) (b) of the statutes is amended to read:
SB394,29,62 236.15 (1) (b) All internal boundaries and those corners and points not required
3to be marked by par. (a) (ag) shall be monumented in the field by like monuments as
4defined in par. (a) (ag). These monuments shall be placed at all block corners, at each
5end of all curves, at the point where a curve changes its radius, and at all angle points
6in any line.
SB394,57 7Section 57. 236.15 (1) (d) of the statutes is amended to read:
SB394,29,168 236.15 (1) (d) The lines of lots, outlots, parks and public access and land
9dedicated to the public that extend to lakes or to navigable perennial streams shall
10be monumented in the field by iron pipes at least 18 inches long and one inch in
11diameter weighing not less than 1.13 pounds per lineal foot, or by round or square
12iron bars at least 18 inches long and weighing not less than 1.13 pounds per lineal
13foot. These monuments shall be placed at the point of intersection of the lake or
14navigable perennial stream lot line with a meander line established not less than 20
15feet back from the determined or approximated ordinary high water mark of the lake
16or from the bank of the stream
.
SB394,58 17Section 58. 236.15 (2) of the statutes is amended to read:
SB394,29,2118 236.15 (2) Accuracy of survey. The survey shall be performed by a
19professional land surveyor registered in this state and if the error in the latitude and
20departure closure of the survey or any part thereof is greater than the ratio of one
21in 3,000, the plat may be rejected.
SB394,59 22Section 59. 236.16 (3) (title) of the statutes is amended to read:
SB394,29,2423 236.16 (3) (title) Lake and navigable perennial stream shore plats; public
24access
.
SB394,60 25Section 60. 236.16 (3) (a) of the statutes is amended to read:
SB394,30,9
1236.16 (3) (a) All subdivisions abutting on a navigable lake or a navigable
2perennial
stream shall provide public access at least 60 feet wide providing access
3to the low watermark water's edge so that there will be public access, which is
4connected to existing public roads, at not more than one-half mile intervals as
5measured along the lake or the navigable perennial stream shore except where
6greater intervals and wider access is agreed upon by the department of natural
7resources and the department, and excluding shore areas where public parks or
8open-space streets or roads on either side of a the navigable perennial stream are
9provided.
SB394,61 10Section 61. 236.16 (3) (b) of the statutes is amended to read:
SB394,30,1311 236.16 (3) (b) No public access established under this chapter may be vacated
12except by circuit court action as provided in s. 236.43, except that such public access
13may be discontinued under s. 66.1003, subject to s. 66.1006
.
SB394,62 14Section 62. 236.16 (4) of the statutes is amended to read:
SB394,30,2315 236.16 (4) Lake and navigable perennial stream shore plats; land between
16meander line and water's edge
. The lands lying between the meander line,
17established in accordance with s. 236.20 (2) (g), and the water's edge, and any
18otherwise unplattable lands which lie between a proposed subdivision and the
19water's edge shall be included as part of lots, outlots or public dedications in any plat
20abutting a lake or a navigable perennial stream. This subsection applies not only to
21lands proposed to be subdivided but also to all lands under option to the subdivider
22or in which the subdivider holds any interest and which are contiguous to the lands
23proposed to be subdivided and which abut a lake or a navigable perennial stream.
SB394,63 24Section 63. 236.20 (1) (a) of the statutes is amended to read:
SB394,31,7
1236.20 (1) (a) The plat shall have a binding margin 1 1/2 inches wide on the
2left side, and
a one-inch margin on all other sides. A graphic scale of not more than
3100 feet to one inch shall be shown on each sheet showing layout features. When
4more than one sheet is used for any plat, each sheet shall be numbered consecutively
5and shall contain a notation giving the total number of sheets in the plat and showing
6the relation of that sheet to the other sheets and each sheet shall bear the subdivision
7and county name.
SB394,64 8Section 64. 236.20 (1) (b) of the statutes is repealed.
SB394,65 9Section 65. 236.20 (2) (g) of the statutes is amended to read:
SB394,31,1410 236.20 (2) (g) All lake or stream shore meander lines for all lakes or navigable
11perennial streams that are
established by the professional land surveyor in
12accordance with s. 236.15 (1) (d), the distances and bearings thereof, and the distance
13between the point of intersection of such meander lines with lot lines and the
14determined or approximated ordinary high water mark.
SB394,66 15Section 66. 236.20 (2) (k) of the statutes is amended to read:
SB394,31,2516 236.20 (2) (k) When a street is on a circular curve, the main chords of the
17right-of-way lines shall be drawn as dotted or dashed lines in their proper places.
18All curved lines shall show, either on the lines or in an adjoining table, the radius of
19the circle, the central angle subtended, the chord bearing, the chord length, and the
20arc length for each segment. The tangent bearing shall be shown for each end of the
21main chord for all nontangent circular lines. When a circular curve of 30-foot radius
22or less is used to round off the intersection between 2 straight lines, it shall be
23tangent to both straight lines. It is sufficient to show on the plat the radius of the
24curve and the tangent distances from the points of curvature to the point of
25intersection of the straight lines.
SB394,67
1Section 67. 236.20 (3) (b) of the statutes is amended to read:
SB394,32,72 236.20 (3) (b) The location of the subdivision shall be indicated by bearing and
3distance from a boundary line of a government lot monumented in the original
4survey or resurvey of Wisconsin,
quarter section, recorded private claim, or federal
5reservation in which the subdivision is located. The monumentation at the ends of
6the boundary line shall be described and the bearing and distance between them
7shown.
SB394,68 8Section 68. 236.20 (4) (b) of the statutes is amended to read:
SB394,32,109 236.20 (4) (b) All lands dedicated to public use except roads and streets shall
10be clearly marked "Dedicated to the Public".
SB394,69 11Section 69. 236.20 (5) (c) of the statutes is amended to read:
SB394,32,1512 236.20 (5) (c) The water elevations of adjoining lakes or navigable perennial
13streams at the date of the survey and the approximate high and low water elevations
14of those lakes or streams. All elevations shall be referred to some permanent
15established datum plane.
SB394,70 16Section 70. 236.20 (6) of the statutes is created to read:
SB394,32,1917 236.20 (6) Public trust information. A final plat of a subdivision, or a certified
18survey map of land, to which s. 236.16 (4) applies shall show on its face the following
19statement:
SB394,32,24 20"Any land below the ordinary high water mark of a lake or a navigable
21perennial stream is subject to the public trust in navigable waters that is established
22under article IX, section 1, of the state constitution. However, the owner of the real
23property that abuts such land has exclusive use of that land when it is exposed,
24except as otherwise provided by law or by the owner's title."
SB394,71 25Section 71. 236.21 (1) (intro.) of the statutes is amended to read:
SB394,33,4
1236.21 (1) Surveyor's Professional land surveyor's certificate of
2compliance with statute.
(intro.) The certificate of the professional land surveyor
3who surveyed, divided, and mapped the land giving all of the following information,
4which shall have the same force and effect as an affidavit:
SB394,72 5Section 72. 236.21 (1) (a) of the statutes is amended to read:
SB394,33,76 236.21 (1) (a) By whose direction the professional land surveyor made the
7survey, subdivision, and plat of the land described on the plat.
SB394,73 8Section 73. 236.21 (1) (b) of the statutes is renumbered 236.21 (1) (b) 1. and
9amended to read:
SB394,33,1610 236.21 (1) (b) 1. A Except as provided in subd. 2., a clear and concise
11description of the land surveyed, divided, and mapped by government lot, recorded
12private claim, quarter-quarter section, section, township, range, and county and by
13metes and bounds commencing with a monument at a section or quarter section
14corner of the quarter section that is not the center of the section, or commencing with
15a monument at the end of a boundary line of a recorded private claim or federal
16reservation in which the subdivision is located.
SB394,33,24 172. If the land is located shown in a recorded subdivision or plat, recorded
18addition thereto, the land shall be described by the number or other description of
19the lot, block or subdivision thereof,
to a recorded subdivision plat, or recorded
20certified survey map
that has previously been tied to a corner marked and
21established by the U.S. public land survey
the monumented line of a quarter section,
22government lot, recorded private claim, or federal reservation in which the land is
23located, the land shall be described by the subdivision name or certified survey map
24number and the description of the lot and block thereof
.
SB394,74 25Section 74. 236.21 (1) (d) of the statutes is amended to read:
SB394,34,3
1236.21 (1) (d) A statement that the professional land surveyor has fully
2complied with the provisions of this chapter in surveying, dividing , and mapping the
3land.
SB394,75 4Section 75. 236.25 (2) (a) of the statutes is amended to read:
SB394,34,105 236.25 (2) (a) It is a permanent nonfading black image on durable white media
6that is 22 inches wide by 30 inches long or on other media that is acceptable to the
7register of deeds
, complies with the requirements of s. 59.43 (2m) (b) 4., and bears
8a department certification of no objection. Seals or signatures reproduced on images
9complying with this paragraph shall be given the force and effect of original
10signatures and seals;
SB394,76 11Section 76. 236.25 (2) (c) of the statutes is amended to read:
SB394,34,1312 236.25 (2) (c) The plat shows on its face all the certificates and affidavits
13required by ss. 236.21 and 236.12 (4) (3) and 236.21;
SB394,77 14Section 77. 236.25 (2) (d) of the statutes is amended to read:
SB394,34,1715 236.25 (2) (d) The plat shows on its face the approval of all bodies required by
16s. 236.10 to approve or the certificate of the clerk that the plat is deemed approved
17under s. 236.11 (2) (a).
SB394,78 18Section 78. 236.32 (except 236.32 (title)) of the statutes is renumbered 236.32
19(1m), and 236.32 (1m) (intro.), (a) and (c), as renumbered, are amended to read:
SB394,34,2120 236.32 (1m) (intro.) Any of the following may be fined not more than $250 or
21imprisoned not more than one year in county jail for any of the following violations:
SB394,34,2322 (a) Any owner, professional land surveyor, or subdivider who fails to place
23monuments as prescribed in this chapter when subdividing land.
SB394,35,3
1(c) Fails Any person who fails to replace properly any monuments which that
2have been removed or disturbed when ordered to do so by the governing body of the
3municipality or county in which the subdivision is located.
SB394,79 4Section 79. 236.32 (2m) of the statutes is created to read:
SB394,35,65 236.32 (2m) Each monument to which a violation under sub. (1m) applies
6constitutes a separate violation.
SB394,80 7Section 80. 236.34 (1) (a) of the statutes is amended to read:
SB394,35,108 236.34 (1) (a) The survey shall be performed and the map prepared by a
9professional land surveyor registered in this state. The error in the latitude and
10departure closure of the survey may not exceed the ratio of one in 3,000.
SB394,81 11Section 81. 236.34 (1) (b) of the statutes is amended to read:
SB394,35,1312 236.34 (1) (b) All corners shall be monumented in accordance with s. 236.15 (1)
13(ac), (c), (d), and (g).
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