LRB-3145/3
MES&PJK:med&wlj:ph
2011 - 2012 LEGISLATURE
February 13, 2012 - Introduced by Representatives Steineke, Jacque, LeMahieu
and Stroebel. Referred to Committee on Housing.
AB562,1,2
1An Act to create 66.1002 of the statutes;
relating to: limiting the authority of
2a city, village, or town to enact a development moratorium ordinance.
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 that are related to the city's or
village's development.
Under the current law commonly known as the "Smart Growth" statute, if a
city, village, town, county, or regional planning commission 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.
Subject to a number of limitations and conditions, this bill authorizes a city,
village, or town (municipality) to enact a development moratorium ordinance if the
municipality has enacted, is in the process of enacting or amending, or is exempt
from having to enact, a comprehensive plan. The municipality may enact a
development moratorium ordinance (moratorium) only if its governing body adopts
a resolution stating either that a moratorium is needed to prevent a shortage in or
the overburdening of its public facilities or that a moratorium is needed to address
a significant threat to the public health or safety. In either case, the municipality
must obtain a written report from a professional engineer stating that the possible
effect on public facilities, or the possible threat to public health or safety, justifies the
need for a moratorium. In the case of a possible health or safety threat, the report
may also be from a physician or registered nurse.
The moratorium must contain a number of elements, including a statement
describing the problem giving rise to the need for the moratorium, the actions the
municipality intends to take to address the problem, and the length of time the
moratorium will apply. The moratorium may remain in effect only until the
municipality addresses the problem giving rise to the need for the moratorium, or for
12 months, whichever occurs first. The bill also authorizes the municipality to
extend the moratorium for another six months if the problem is not addressed. In
addition, a municipality may not enact a moratorium unless it first holds a public
hearing at which the proposed ordinance is discussed.
The bill first applies to a land development plan that is submitted to a
municipality on the effective date of the bill, although the municipality and the
developer could agree to apply the moratorium retroactively.
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:
AB562, s. 1
1Section
1. 66.1002 of the statutes is created to read:
AB562,2,2
266.1002 Development moratoria. (1) Definitions. In this section:
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(a) "Comprehensive plan" has the meaning given in s. 66.1001 (1) (a).
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(b) "Development moratorium" means a moratorium on land development,
5rezoning, issuing conditional use permits, or on any subdivision or other division of
6land by plat or certified survey map that is authorized under ch. 236.
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(c) "Land development" has the meaning given in s. 66.0617 (1) (d).
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(d) "Municipality" means any city, village, or town.
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1(e) "Public health professional" means any of the following:
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1. A physician, as defined under s. 48.375 (2) (g).
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2. A registered professional nurse, as defined under s. 49.498 (1) (L).
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(f) "Registered engineer" means an individual who satisfies the registration
5requirements for a professional engineer as specified in s. 443.04
AB562,3,12
6(2) Moratorium allowed. Subject to the limitations and requirements
7specified in this section, a municipality may enact a development moratorium
8ordinance if the municipality has enacted a comprehensive plan, is in the process of
9preparing its comprehensive plan, is in the process of preparing a significant
10amendment to its comprehensive plan in response to a substantial change in
11conditions in the municipality, or is exempt from the requirement as described in s.
1266.1001 (3m), and if at least one of the following applies:
AB562,3,2013
(a) The municipality's governing body adopts a resolution stating that a
14moratorium is needed to prevent a shortage in, or the overburdening of, public
15facilities located in the municipality and that such a shortage or overburdening
16would otherwise occur during the period in which the moratorium would be in effect,
17except that the governing body may not adopt such a resolution unless it obtains a
18written report from a registered engineer stating that in his or her opinion the
19possible shortage or overburdening of public facilities justifies the need for a
20moratorium.
AB562,4,221
(b) The municipality's governing body adopts a resolution stating that a
22moratorium is needed to address a significant threat to the public health or safety
23that is presented by a proposed or anticipated land development, except that the
24governing body may not adopt such a resolution unless it obtains a written report
25from a registered engineer or public health professional stating that in his or her
1opinion the proposed or anticipated land development presents such a significant
2threat to the public health or safety that the need for a moratorium is justified.
AB562,4,4
3(3) Ordinance requirements. (a) An ordinance enacted under this section
4shall contain at least all of the following elements:
AB562,4,65
1. A statement describing the problem giving rise to the need for the
6moratorium.
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2. A statement of the specific action that the municipality intends to take to
8alleviate the need for the moratorium.
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3. Subject to par. (b), the length of time during which the moratorium is to be
10in effect.
AB562,4,1211
4. A statement describing how and why the governing body decided on the
12length of time described in subd. 3.
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5. A description of the area in which the ordinance applies.
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6. An exemption for any land development that would have no impact, or slight
15impact, on the problem giving rise to the need for the moratorium.
AB562,4,1916
(b) 1. A development moratorium ordinance may be in effect only for a length
17of time that is long enough for a municipality to address the problem giving rise to
18the need for the moratorium but, except as provided in subd. 2., the ordinance may
19not remain in effect for more than 12 months.
AB562,4,2320
2. A municipality may amend the ordinance to extend the moratorium for not
21more than 6 months if the municipality's governing body determines that such an
22extension is necessary to address the problem giving rise to the need for the
23moratorium.
AB562,5,424
(c) A municipality may not enact a development moratorium ordinance unless
25it holds at least one public hearing at which the proposed ordinance is discussed. The
1public hearing must be preceded by a class 1 notice under ch. 985, the notice to be
2at least 30 days before the hearing. The municipality may also provide notice of the
3hearing by any other appropriate means. The class 1 notice shall contain at least all
4of the following:
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1. The time, date, and place of the hearing.
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2. A summary of the proposed development moratorium ordinance, including
7the location where the ordinance would apply, the length of time the ordinance would
8be in effect, and a statement describing the problem giving rise to the need for the
9moratorium.
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3. The name and contact information of a municipal official who may be
11contacted to obtain additional information about the proposed ordinance.
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4. Information relating to how, where, and when a copy of the proposed
13ordinance may be inspected or obtained before the hearing.
AB562,5,16
14(4) Applicability. A development moratorium ordinance enacted under this
15section applies to any of the following that is submitted to the municipality on or after
16the effective date of the ordinance:
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(a) A request for rezoning.
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(b) An application for a building permit or a conditional use permit.