2011 - 2012 LEGISLATURE
October 5, 2011 - Introduced by Representatives Williams, Suder, Petrowski,
Tiffany, Bernier, Brooks, Ballweg, Wynn, Knilans, Thiesfeldt, Endsley and
Craig, cosponsored by Senators Galloway and Moulton. Referred to
Committee on Urban and Local Affairs.
1An Act to repeal
16.965, 20.505 (1) (cm), 20.505 (1) (cn), 20.505 (1) (if), 66.0230 2
(2) (d) and 66.1001 (3m); to amend
20.505 (1) (ie), 36.11 (37), 59.69 (3) (a), 62.23 3
(2), 62.23 (3) (b) and 66.1001 (3) (intro.); and to create
66.1001 (7) and 66.1001 4
(8) of the statutes; relating to: comprehensive planning and making an
Analysis by the Legislative Reference Bureau
Under the current law commonly known as the "Smart Growth" statute, if a
city, village, town, county, or regional planning commission (local governmental unit)
creates a development plan or master plan (comprehensive 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; land use; and intergovernmental cooperation.
Also under current law, unless certain conditions apply, beginning on January
1, 2010, certain ordinances enacted or amended by a local governmental unit that
affect land use must be consistent with that local governmental unit's comprehensive
plan. The ordinances to which this requirement applies are official mapping, local
subdivision regulation, and zoning ordinances, including zoning of shorelands or
wetlands in shorelands. Also under current law, beginning on January 1, 2010, if a
local governmental unit enacts or amends any of these specified ordinances, the
comprehensive plan must contain at least all of the required planning elements.
Under this bill, a local governmental unit is authorized to repeal its
comprehensive plan. Correspondingly, the ordinances that under current law must
be consistent with a local governmental unit's comprehensive plan must, under the
bill, be consistent with the local governmental unit's comprehensive plan only if the
local governmental unit has a comprehensive plan in effect.
Under current law, the Department of Administration provides grants to local
governmental units to assist in financing the cost of planning activities. This bill
eliminates this grant program.
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:
AB303, s. 1
16.965 of the statutes is repealed.
AB303, s. 2
20.505 (1) (cm) of the statutes is repealed.
AB303, s. 3
20.505 (1) (cn) of the statutes is repealed.
AB303, s. 4
20.505 (1) (ie) of the statutes is amended to read:
(ie) Land. The All
moneys received by the department under s. 59.72 6
(5) (a), other than the first $2,000,000 received in each fiscal year under s. 59.72 (5)
, for the land information program under s. 16.967 and for reviews of proposed 8
municipal incorporations and annexations by the department and for the purpose of
9providing aids under s. 16.965
AB303, s. 5
20.505 (1) (if) of the statutes is repealed.
AB303, s. 6
36.11 (37) of the statutes is amended to read:
36.11 (37) Extension local planning program.
The board shall offer a local 13
planning program through the extension to educate local policymakers about local 14
planning and the grant program under s. 16.965
AB303, 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 17
development plan or parts of the plan for the physical development of the
unincorporated territory within the county and areas within incorporated 2
jurisdictions whose governing bodies by resolution agree to having their areas 3
included in the county's development plan. The plan may be adopted in whole or in 4
part and may be amended by the board and endorsed by the governing bodies of 5
incorporated jurisdictions included in the plan. The county development plan, in 6
whole or in part, in its original form or as amended, is hereafter referred to as the 7
development plan. Beginning on January 1, 2010, or, if the county is exempt under
8s. 66.1001 (3m), the date under s. 66.1001 (3m) (b), if the county engages in any
9program or action described in s. 66.1001 (3), the development plan shall contain at
10least all of the elements specified in s. 66.1001 (2).
AB303, s. 8
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 13
make and adopt a master plan for the physical development of the city, including any 14
areas outside of its boundaries that in the commission's judgment bear relation to the 15
development of the city provided, however, that in any county where a regional 16
planning department has been established, areas outside the boundaries of a city 17
may not be included in the master plan without the consent of the county board of 18
supervisors. The master plan, with the accompanying maps, plats, charts, and 19
descriptive and explanatory matter, shall show the commission's recommendations 20
for such physical development, and shall, as described in sub. (3) (b), contain at least
21the elements described in s. 66.1001 (2)
. The commission may from time to time 22
amend, extend, or add to the master plan or carry any part or subject matter into 23
greater detail. The commission may adopt rules for the transaction of business and 24
shall keep a record of its resolutions, transactions, findings, and determinations, 25
which record shall be a public record.
AB303, s. 9
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 3
resolution, or, as the work of making the whole master plan progresses, may from 4
time to time by resolution adopt a part or parts of a master plan.
5January 1, 2010, or, if the city is exempt under s. 66.1001 (3m), the date under s.
666.1001 (3m) (b), if the city engages in any program or action described in s. 66.1001
7(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 9
resolution carried by the affirmative votes of not less than a majority of all the 10
members of the city plan commission. The resolution shall refer expressly to the
11elements under s. 66.1001 and other
matters intended by the commission to form the 12
whole or any part of the plan, and the action taken shall be recorded on the adopted 13
plan or part of the plan by the identifying signature of the secretary of the 14
commission, and a copy of the plan or part of the plan shall be certified to the common 15
council, and also to the commanding officer, or the officer's designee, of any military 16
base or installation, with at least 200 assigned military personnel or that contains 17
at least 2,000 acres, that is located in or near the city. The purpose and effect of the 18
adoption and certifying of the master plan or part of the plan shall be solely to aid 19
the city plan commission and the council in the performance of their duties.
AB303, s. 10
66.0230 (2) (d) of the statutes is repealed.
AB303, s. 11
66.1001 (3) (intro.) of the statutes is amended to read:
66.1001 (3) Ordinances that must be consistent with comprehensive plans. 23
(intro.) Except as provided in sub. (3m), beginning on January 1, 2010, if If
a local 24
governmental unit has in effect a comprehensive plan and
enacts or amends any of
the following ordinances, the ordinance shall be consistent with that local 2
governmental unit's comprehensive plan:
AB303, s. 12
66.1001 (3m) of the statutes is repealed.
AB303, s. 13
66.1001 (7) of the statutes is created to read:
66.1001 (7) Repeal of comprehensive plan.
A local governmental unit may 6
repeal its comprehensive plan by a majority vote of the members-elect, as defined 7
in s. 59.001 (2m), of the governing body.
AB303, s. 14
66.1001 (8) of the statutes is created to read:
66.1001 (8) Limitation on consideration of comprehensive planning.
department or agency of the state or authority created by the state or any city, village, 11
town, or county may consider whether or not a local governmental unit has in effect 12
a comprehensive plan in determining the eligibility of the local governmental unit 13
or any person or entity in the local government unit for participation in an economic 14
Notwithstanding section 20.001 (3) (c) of the statutes, there is lapsed to the 17
general fund from the appropriation account to the department of administration 18
under section 20.505 (1) (ie) of the statutes, as affected by the acts of 2011, an amount 19
equal to $2,000,000 less any amount obligated or paid for comprehensive planning 20
grants in the fiscal year, in the fiscal year in which this subsection takes effect.
AB303, s. 16
This act takes effect on the day after publication, 22
except as follows:
The treatment of section 20.505 (1) (ie) of the statutes takes effect on July 24