LRB-3121/3
MES&MJL:lmk:pg
2005 - 2006 LEGISLATURE
October 17, 2005 - Introduced by Representatives Albers, Musser, Ainsworth and
Hahn. Referred to Committee on Property Rights and Land Management.
AB760,1,8
1An Act to repeal 236.10 (1) (b) 1. to 3.;
to renumber and amend 59.69 (3) (b)
2and 236.10 (1) (b) (intro.);
to amend 59.69 (1), 59.69 (2) (a) 1., 59.69 (2) (e), 59.69
3(3) (a), 59.69 (3) (e), 59.69 (5) (c), 59.69 (5) (d), 60.62 (3), 62.23 (7) (d) 1. b., 62.23
4(7a) (intro.), 62.23 (7a) (a), 66.1001 (3) (intro.), 66.1001 (4) (a) and 236.13 (4);
5and
to create 59.69 (3) (b) 1. to 4., 59.69 (3m), 59.694 (15), 60.23 (33), 60.23 (34),
660.62 (5), 60.62 (6), 62.23 (7a) (h) and (i), 66.1001 (3m), 66.1001 (4) (f) and
766.1001 (7) of the statutes;
relating to: changes to the comprehensive planning
8statutes and authorizing towns to withdraw from county zoning.
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.
Under this bill, the county board may only designate a single committee of the
board to act in all matters pertaining to county planning and zoning. Except in
counties which contain a city with a population of more than 500,000 (currently only
Milwaukee County), the bill requires that the county zoning agency consist of a
majority of county board supervisors who represent districts in which the majority
of the residents of such districts reside in unincorporated, or town, territory.
Under the current law commonly 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, current law requires that 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, current law requires that 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 makes a number of changes
to the comprehensive planning statute.
Under the bill, the comprehensive planning statute applies only to a local
governmental unit that has a population of more than 1,500 people, and requires a
local governmental unit to issue written findings that indicate how the actions it
undertakes are consistent with its own comprehensive plan. If a circuit court case
challenges the validity of a comprehensive plan, including whether an allowable
action is consistent with a local governmental unit's comprehensive plan, the bill
requires a court to conclude that the plan is valid. The bill also requires a court to
presume that the action is valid if the local governmental unit issues written findings
that describe their reasons for its action. And the bill also requires a court to conclude
that the action is consistent with the plan unless there is no rational basis for the
action in any aspect of any of the elements of the comprehensive plan. Such actions
must be commenced within 120 days of the action being adopted by the local
governmental unit or it is barred. In addition, only property owners have standing
to file an action.
The bill also requires a local governmental unit, at the initial stage of the
preparation of a comprehensive plan, to invite and consider written comments from
property owners on their proposed or contemplated uses for their property over the
next ten years.
If a local governmental unit engages in any planning activity under its
comprehensive plan, the bill requires it to attempt to determine which territory from
an adjacent local governmental unit, which abuts territory in the local governmental
unit that is taking action, may be affected and to so notify that other local
governmental unit and consider any comments or plans submitted for review by the
affected local governmental unit to the local governmental unit that is taking action.
Under current law, if a town board has been granted the authority to exercise
village powers, the town board may adopt zoning ordinances under the zoning
statutes that apply to cities and villages, subject to a number of conditions. If the
county in which the town is located has enacted a county zoning ordinance, town
zoning ordinances may not take effect until such ordinances are approved either by
a town meeting or by a referendum vote of the electors of the town and are approved
by the county board.
In addition, in counties having a zoning ordinance, no town zoning ordinance,
or amendment of a zoning ordinance, may be adopted by the town unless approved
by the county board. Under the bill, this provision does not apply to a master plan
adopted or amended by a town that exercises village powers.
Also under this bill, a town board that is authorized to exercise village powers
may enact an ordinance withdrawing from coverage of a county zoning ordinance
and a county development plan. The ordinance may not take effect unless the town
clerk notifies the county clerk of the proposed ordinance and the town enacts, and
sends copies to the county clerk, a town zoning ordinance, a comprehensive plan, and
an official map. If a town does withdraw from county zoning, however, it is still
subject to a county shorelands zoning ordinance. In addition, a town must provide
the same level of enforcement of its zoning ordinance that the county formerly
provided. County board approval of a town zoning ordinance is not required if the
town has withdrawn from county zoning.
Currently, the county development plan may be adopted, and amended, by the
county board and may be endorsed by the governing bodies of the incorporated
jurisdictions (cities and villages) included in the plan. Under the bill, the plan may
be adopted by a majority of the members-elect of the county board, but the plan may
be so amended only if the proposed amendment is endorsed by the governing bodies
of the unincorporated and incorporated jurisdictions included in the plan.
Current law authorizes a county board to repeal an existing county zoning
ordinance and reenact a comprehensive revision by a single ordinance. Under this
bill, a county is required, approximately every ten years, to repeal an existing county
zoning ordinance and reenact a comprehensive revision by a single ordinance.
Current law requires that the county development plan include the master plan
and official map of a city or village in the county, and that a city or village master plan
and official map control in the city's or village's extraterritorial zoning jurisdiction
over a county development plan that affects that same area. A city's or village's
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 one and a half miles of a fourth class city or a village. Under the bill,
a town and a city or village may agree that the city or village may exercise
extraterritorial zoning jurisdiction over the entire town. This bill also limits a city's
and village's extraterritorial zoning jurisdiction to those towns that have not enacted
a master plan and to town territory that is not covered by a cooperative boundary
agreement to which the town and the city or village are parties.
Also under the bill, if a territory has received final plat approval from a town
or county and if after that approval the territory comes within the extraterritorial
zoning jurisdiction of a city or village, no city or village zoning ordinances may apply
to the territory if the application of the ordinances would preclude the developer from
developing his or her land in accordance with the final plat approval for five years
after the territory received town or county final plat approval. Current law also
allows a town to adopt an official map under certain situations if the town is located
in a county that has not enacted a county zoning ordinance.
This bill authorizes a town that may exercise village powers to adopt an official
map at any time. The bill requires that a county development plan include both the
official map of any town in the county that has adopted a comprehensive plan and
the comprehensive plan. Also under the bill, a city's or village's master plan and
official map control in the city's or village's extraterritorial zoning jurisdiction only
if an official town map is not part of the county development plan.
This bill authorizes the creation of a joint planning body (JPB) to approve or
reject an applicant's request for a zoning permit or other zoning approval in areas
that are subject to both town and county zoning ordinances and not subject to a
cooperative boundary agreement. A JPB is convened upon the request of such an
applicant. The JPB consists of three members appointed by the county and three
members appointed by the town. After issuing its written decision to approve or
reject the applicant's request, the JPB is disbanded. An approval of the request
constitutes final approval of the county and the town.
The bill also requires, to the greatest extent possible, that at least one member
of a county board of adjustment attend each meeting in the county of a town plan
commission, and requires the plan commission to provide board of adjustment
members with as much advance notice of its meetings as possible.
Under current law if two or more governing bodies or agencies have the
authority to approve or object to a plat and the requirements of the bodies or agencies
conflict, the plat must comply with the most restrictive requirement. This bill
qualifies this provision by allowing a county to object to a town plat only if the plat
is subject to a county plan or a boundary agreement to which the county is a party.
For further information see the 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:
AB760, s. 1
1Section
1. 59.69 (1) of the statutes is amended to read:
AB760,5,152
59.69
(1) Purpose. It is the purpose of this section to promote the public health,
3safety, convenience
, and general welfare; to encourage planned and orderly land use
4development; to protect property values
, individual property rights, and the property
5tax base; to permit the careful planning and efficient maintenance of highway
1systems; to ensure adequate highway, utility, health, educational
, and recreational
2facilities; to recognize the needs of agriculture, forestry, industry
, and business in
3future growth; to encourage uses of land and other natural resources which are in
4accordance with their character and adaptability; to provide adequate light and air,
5including access to sunlight for solar collectors and to wind for wind energy systems;
6to encourage the protection of groundwater resources; to preserve wetlands; to
7conserve soil, water
, and forest resources; to protect the beauty and amenities of
8landscape and man-made developments; to provide healthy surroundings for family
9life; and to promote the efficient and economical use of public funds. To accomplish
10this purpose
, the board may plan for the physical development and zoning of territory
11within the county as set forth in this section and shall incorporate therein the master
12plan adopted under s. 62.23 (2) or (3)
and, the official map of any city or village in the
13county adopted under s. 62.23 (6)
, and the official map, adopted under s. 60.23 (33),
14of any town in the county that has adopted a comprehensive plan, as defined in s.
1566.1001 (1) (a) 2.
AB760, s. 2
16Section
2. 59.69 (2) (a) 1. of the statutes is amended to read:
AB760,6,217
59.69
(2) (a) 1. Except as provided under subd. 2., the board may
create a
18planning and zoning committee as a county board agency or may create a planning
19and zoning commission consisting wholly or partially of persons who are not
20members of the board, designated the county zoning agency. In lieu of creating a
21committee or commission for this purpose, the board may designate a
previously
22established single committee
or commission as the county zoning agency,
which shall
23be the sole committee authorized to act in all matters pertaining to county planning
24and zoning.
Except in counties which contain a city with a population of more than
25500,000, the county zoning agency shall consist of a majority of county board
1supervisors, each of whose districts contain individuals a majority of whom reside
2in unincorporated territory.
AB760,6,155
59.69
(2) (e) Wherever a public hearing is specified under this section, the
6hearing shall be conducted by the county zoning agency in the county courthouse or
7in such other appropriate place as may be selected by the county zoning agency. The
8county zoning agency shall give notice of the public hearing by publication in the
9county as a class 2 notice under ch. 985, and shall consider any comments made, or
10submitted by, the commanding officer, or the officer's designee, of a military base or
11installation, with at least 200 assigned military personnel or that contains at least
122,000 acres, that is located in or near the county.
If the county zoning agency or the
13board plans to hold a public hearing on a proposal to amend a county development
14plan and a zoning ordinance, it may provide notice of both proposals in the same class
152 notice under ch. 985.
AB760, s. 4
16Section
4. 59.69 (3) (a) of the statutes is amended to read:
AB760,7,417
59.69
(3) (a)
The Subject to s. 60.23 (34), the county zoning agency may direct
18the preparation of a county development plan or parts of the plan for the physical
19development of the unincorporated territory within the county and
shall have
20jurisdiction over areas within incorporated jurisdictions whose governing bodies by
21resolution agree to having their areas included in the county's development plan.
22The plan may be adopted in whole or in part and may be amended by
a majority vote
23of the
members-elect of the board
and if the proposed amendment is endorsed by the
24governing bodies of
the unincorporated and incorporated jurisdictions included in
25the plan. The county development plan, in whole or in part, in its original form or
1as amended, is hereafter referred to as the development plan. Beginning on
2January 1, 2010, if the county engages in any program or action described in s.
366.1001 (3), the development plan shall contain at least all of the elements specified
4in s. 66.1001 (2).
AB760, s. 5
5Section
5. 59.69 (3) (b) of the statutes is renumbered 59.69 (3) (b) (intro.) and
6amended to read:
AB760,7,107
59.69
(3) (b) (intro.) The development plan shall include
the master plan, if any,
8of any city or village, that was adopted under s. 62.23 (2) or (3) and the official map,
9if any, of such city or village, that was adopted under s. 62.23 (6) in the county, 10without change., without change, all of the following:
AB760, s. 6
11Section
6. 59.69 (3) (b) 1. to 4. of the statutes are created to read:
AB760,7,1312
59.69
(3) (b) 1. The master plan, if any, of any city or village, that was adopted
13under s. 62.23 (2) or (3).
AB760,7,1514
2. The official map, if any, of a city or village described under subd. 1., that was
15adopted under s. 62.23 (6) in the county.
AB760,7,1716
3. The official map, as adopted under s. 60.23 (33), of any town in the county
17that has adopted a comprehensive plan, as defined in s. 66.1001 (1) (a) 2.
AB760,7,1918
4. The comprehensive plan of a town described under subd. 3., that was adopted
19under s. 62.23 (2) or (3).
AB760, s. 7
20Section
7. 59.69 (3) (e) of the statutes is amended to read:
AB760,8,221
59.69
(3) (e) A master plan adopted
by a city or village under s. 62.23 (2) and
22(3) and an official map that is established
by a city or village under s. 62.23 (6) shall
23control in unincorporated territory in a county affected thereby, whether or not such
24action occurs before the adoption of a development plan
, except that if the county
1development plan includes an official town map as described under par. (b) the town
2map shall control in its territory.
AB760, s. 8
3Section
8. 59.69 (3m) of the statutes is created to read:
AB760,8,44
59.69
(3m) Joint planning body. (a) In this subsection:
AB760,8,85
1. "Applicant" means a person who applies for a permit or approval from a
6county to comply with a zoning ordinance adopted under this section or a permit or
7approval from a town to comply with a zoning ordinance adopted under s. 60.62, or
8both.
AB760,8,109
2. "Overlapping jurisdiction" means territory that is subject to a county
10ordinance adopted under this section and a town ordinance adopted under s. 60.62.
AB760,8,1511
(b) 1. Except as provided in subd. 2., if any territory in the county is subject to
12overlapping jurisdiction, any applicant who is subject to such overlapping
13jurisdiction may request the creation of a joint planning body, as described in par. (c),
14to ensure that the applicant receives a timely decision on the applicant's request for
15the necessary permit or approval from both the county and the town.
AB760,8,2016
2. If the overlapping jurisdiction is subject to a boundary agreement under s.
1766.0307, the terms of the boundary agreement shall control as to whether the
18applicant's permit or other approval request may be granted. To the extent that the
19boundary agreement does not cover the applicant's permit or other approval request,
20the applicant may request the creation of the joint planning body under subd. 1.
AB760,8,2521
(c) 1. A joint planning body shall be created upon the request of an applicant
22under par. (b) 1. The joint planning body shall have 3 members selected by the county
23and 3 members selected by the town. The county board and town board shall
24determine how the members are selected, but the members shall be selected not later
25than 30 days after the applicant requests that a joint planning body be created.
AB760,9,8
12. The joint planning body shall hold a public hearing on the applicant's request
2as soon as possible after all 6 members are selected and shall have the power to
3approve or reject the applicant's permit request or other approval sought by the
4applicant. A vote of a majority of a quorum of the members of the joint planning body
5is required to issue a permit or grant an approval requested by the applicant, and
6such action by the body shall be considered to be final approval from the county and
7the town. To constitute a quorum, at least 4 members of the joint planning body must
8be present at the meeting at which the body votes on the applicant's request.
AB760,9,119
3. As soon as possible after voting on the applicant's request, the joint planning
10body shall issue a written decision that explains its reason for approving or rejecting
11the applicant's request.
AB760,9,1412
4. After issuing its written decision, the joint planning body is disbanded. If
13another applicant requests the creation of a joint planning body, the county and town
14may select the same members or different members to serve on the body.