2005 - 2006 LEGISLATURE
August 30, 2005 - Introduced by Representatives M. Williams, Suder, Gronemus,
Meyer, Wood, Musser, Ballweg, Petrowski and Owens, cosponsored by
Senator Zien. Referred to Committee on Rural Development.
1An Act to repeal
1.13 (3), 16.9651, 20.505 (1) (z) and 66.1001; and to amend
16.965 (2), 16.967 (6), 20.395 (4) (ax), 59.69 (3) (a), 59.72 (5) (b) 3., 62.23 (2), 3
62.23 (3) (b), 66.0309 (8) (a) 1. b., 66.0309 (9), 66.0309 (10) and 236.13 (1) (c) 4
(intro.) of the statutes; relating to: repealing the comprehensive planning
5statute known as Smart Growth.
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 the current law popularly known as the "Smart Growth" statute, 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, under Smart Growth, certain actions of a local
governmental unit that affect land use must be consistent with that local
governmental unit's comprehensive plan. The actions to which this requirement
applies are official mapping, local subdivision regulation, and zoning ordinances,
including zoning of shorelands or wetlands in shorelands. Also beginning on
January 1, 2010, under Smart Growth, 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 planning elements.
This bill repeals the Smart Growth statute.
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:
AB645, s. 1
1.13 (3) of the statutes is repealed.
AB645, s. 2
16.965 (2) of the statutes is amended to read:
From the appropriations under s. 20.505 (1) (cm) and (if), the 4
department may provide grants to local governmental units to be used to finance the 5
cost of planning activities, including contracting for planning consultant services, 6
public planning sessions and other planning outreach and educational activities, or 7
for the purchase of computerized planning data, planning software or the hardware 8
required to utilize that data or software. The department shall require any local 9
governmental unit that receives a grant under this section to finance a percentage 10
of the cost of the product or service to be funded by the grant from the resources of 11
the local governmental unit. The department shall determine the percentage of the 12
cost to be funded by a local governmental unit based on the number of applications 13
for grants and the availability of funding to finance grants for the fiscal year in which
grants are to be provided. A local governmental unit that desires to receive a grant 2
under this subsection shall file an application with the department. The application 3
shall contain a complete statement of the expenditures proposed to be made for the 4
purposes of the grant. No local governmental unit is eligible to receive a grant under
5this subsection unless the local governmental unit agrees to utilize the grant to
6finance planning for all of the purposes specified in s. 66.1001 (2).
AB645, s. 3
16.9651 of the statutes is repealed.
AB645, s. 4
16.967 (6) of the statutes is amended to read:
16.967 (6) Reports.
By March 31 of each year, the department of 10
administration, the department of agriculture, trade and consumer protection, the 11
department of commerce, the department of health and family services, the 12
department of natural resources, the department of tourism, the department of 13
revenue, the department of transportation, the board of regents of the University of 14
Wisconsin System, the public service commission and the board of curators of the 15
historical society shall each submit to the board a plan to integrate land information 16
to enable such information to be readily translatable, retrievable and geographically 17
referenced for use by any state, local governmental unit or public utility. The plans
18shall include the information that will be needed by local governmental units to
19prepare comprehensive plans containing the planning elements required under s.
Upon receipt of this information, the board shall integrate the 21
information to enable the information to be used to meet land information data 22
needs. The integrated information shall be readily translatable, retrievable, and 23
geographically referenced to enable members of the public to use the information.
AB645, s. 5
20.395 (4) (ax) of the statutes is amended to read:
(ax) Departmental management and operations, federal funds.
moneys received from the federal government for the administration and 3
management of departmental programs except those programs under subs. (2) (bx) 4
and (dx) and (3) (ix), and for departmental planning and administrative activities 5
including all moneys received as federal aid as authorized by the governor under s. 6
16.54 to promote highway safety and continue the local traffic safety representatives 7
program and for purposes of s. 85.07 and for activities related to the transportation 8
employment and mobility program under s. 85.24 that are not funded from the 9
appropriation under sub. (1) (bs), (bv), or (bx), and to transfer to the appropriation
10account under s. 20.505 (1) (z) the amounts in the schedule under s. 20.505 (1) (z) for
AB645, s. 6
20.505 (1) (z) of the statutes is repealed.
AB645, s. 7
59.69 (3) (a) of the statutes is amended to read:
(a) The county zoning agency may direct the preparation of a county 15
development plan or parts of the plan for the physical development of the 16
unincorporated territory within the county and areas within incorporated 17
jurisdictions whose governing bodies by resolution agree to having their areas 18
included in the county's development plan. The plan may be adopted in whole or in 19
part and may be amended by the board and endorsed by the governing bodies of 20
incorporated jurisdictions included in the plan. The county development plan, in 21
whole or in part, in its original form or as amended, is hereafter referred to as the 22
development plan. Beginning on January 1, 2010, if the county engages in any
23program or action described in s. 66.1001 (3), the development plan shall contain at
24least all of the elements specified in s. 66.1001 (2).
AB645, s. 8
59.72 (5) (b) 3. of the statutes is amended to read:
(b) 3. The county uses $4 of each $5 fee retained under this paragraph 2
to develop, implement, and maintain the countywide plan for land records 3
modernization, and $1 of each $5 fee retained under this paragraph to develop and 4
maintain a computerized indexing of the county's land information records relating 5
to housing, including the housing element of the county's land use plan under s.
666.1001 (2) (b),
in a manner that would allow for greater public access through use 7
of the Internet.
AB645, s. 9
62.23 (2) of the statutes is amended to read:
62.23 (2) Functions.
It shall be the function and duty of the commission to 10
make and adopt a master plan for the physical development of the city, including any 11
areas outside of its boundaries that in the commission's judgment bear relation to the 12
development of the city provided, however, that in any county where a regional 13
planning department has been established, areas outside the boundaries of a city 14
may not be included in the master plan without the consent of the county board of 15
supervisors. The master plan, with the accompanying maps, plats, charts, and 16
descriptive and explanatory matter, shall show the commission's recommendations 17
for such physical development, and shall, as described in sub. (3) (b), contain at least
18the elements described in s. 66.1001 (2)
. The commission may from time to time 19
amend, extend, or add to the master plan or carry any part or subject matter into 20
greater detail. The commission may adopt rules for the transaction of business and 21
shall keep a record of its resolutions, transactions, findings, and determinations, 22
which record shall be a public record.
AB645, s. 10
62.23 (3) (b) of the statutes is amended to read:
(b) The commission may adopt the master plan as a whole by a single 25
resolution, or, as the work of making the whole master plan progresses, may from
time to time by resolution adopt a part or parts of a master plan. Beginning on
2January 1, 2010, if the city engages in any program or action described in s. 66.1001
3(3), the master plan shall contain at least all of the elements specified in s. 66.1001
The adoption of the plan or any part, amendment, or addition, shall be by 5
resolution carried by the affirmative votes of not less than a majority of all the 6
members of the city plan commission. The resolution shall refer expressly to the 7elements under s. 66.1001 and other
matters intended by the commission to form the 8
whole or any part of the plan, and the action taken shall be recorded on the adopted 9
plan or part of the plan by the identifying signature of the secretary of the 10
commission, and a copy of the plan or part of the plan shall be certified to the common 11
council. The purpose and effect of the adoption and certifying of the master plan or 12
part of the plan shall be solely to aid the city plan commission and the council in the 13
performance of their duties.
AB645, s. 11
66.0309 (8) (a) 1. b. of the statutes is amended to read:
(a) 1. b. Consistent with the elements specified in s. 66.1001, make 16Make
plans for the physical, social and economic development of the region, and,
17consistent with the elements specified in s. 66.1001,
adopt by resolution any plan or 18
the portion of any plan so prepared as its official recommendation for the 19
development of the region.
AB645, s. 12
66.0309 (9) of the statutes is amended to read:
66.0309 (9) Preparation of master plan for region.
The regional planning 22
commission shall have the function and duty of making and adopting a master plan 23
for the physical development of the region. The master plan, with the accompanying 24
maps, plats, charts, programs and descriptive and explanatory matter, shall show 25
the commission's recommendations for physical development and shall contain at
1least the elements described in s. 66.1001
. The regional planning commission may 2
amend, extend or add to the master plan or carry any part or subject matter into 3
AB645, s. 13
66.0309 (10) of the statutes is amended to read:
66.0309 (10) Adoption of master plan for region.
The master plan shall be 6
made with the general purpose of guiding and accomplishing a coordinated, adjusted 7
and harmonious development of the region which will, in accordance with existing 8
and future needs, best promote public health, safety, morals, order, convenience, 9
prosperity or the general welfare, as well as efficiency and economy in the process 10
of development. The regional planning commission may adopt the master plan as 11
a whole by a single resolution, or, as the work of making the whole master plan 12
progresses, may by resolution adopt a part or parts of the master plan, any part to
13correspond with one or more of the elements specified in s. 66.1001
. The resolution 14
shall refer expressly to the maps, plats, charts, programs and descriptive and 15
explanatory matter, and other matters intended by the regional planning 16
commission to form the whole or any part of the plan, and the action taken shall be 17
recorded on the adopted plan or part of the adopted plan by the identifying signature 18
of the chairperson of the regional planning commission and a copy of the plan or part 19
of the adopted plan shall be certified to the legislative bodies of the local 20
governmental units within the region. The purpose and effect of adoption of the 21
master plan shall be solely to aid the regional planning commission and the local 22
governments and local government officials comprising the region in the 23
performance of their functions and duties.
AB645, s. 14
66.1001 of the statutes is repealed.
AB645, s. 15
236.13 (1) (c) (intro.) of the statutes is amended to read:
(c) A comprehensive plan under s. 66.1001 or, if the municipality,
2town, or county does not have a comprehensive plan, either Either
of the following: