2015 - 2016 LEGISLATURE
September 29, 2015 - Introduced by Senators Moulton, Lasee, Marklein,
Stroebel and Wanggaard, cosponsored by Representatives Kulp, Craig,
Horlacher, Hutton, T. Larson, Sanfelippo, Schraa, Thiesfeldt and Quinn.
Referred to Committee on Government Operations and Consumer Protection.
SB266,1,5 1An Act to repeal 16.965, 20.505 (1) (cm), 20.505 (1) (cn), 20.505 (1) (ud), 66.0230
2(2) (d) and 66.1001 (3m); to amend 20.505 (1) (ub), 59.69 (3) (a), 62.23 (2), 62.23
3(3) (b), 66.1001 (3) (intro.) and 66.1002 (2) (intro.); and to create 66.1001 (7) and
466.1001 (8) of the statutes; relating to: comprehensive planning and making
5an appropriation.
Analysis by the Legislative Reference Bureau
This bill authorizes a local government to repeal its comprehensive plan and
eliminates a grant program related to comprehensive planning.
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:
SB266,1 1Section 1. 16.965 of the statutes is repealed.
SB266,2 2Section 2. 20.505 (1) (cm) of the statutes is repealed.
SB266,3 3Section 3. 20.505 (1) (cn) of the statutes is repealed.
SB266,4 4Section 4. 20.505 (1) (ub) of the statutes is amended to read:
SB266,2,95 20.505 (1) (ub) Land. From the land information fund, all moneys received by
6the department under s. 59.72 (5) (a), except moneys appropriated under par. (ud)
7other than the first $2,000,000 received in each fiscal year, for the land information
8program under s. 16.967 and for reviews of proposed municipal incorporations and
9annexations by the department and for the purpose of providing aids under s. 16.965.
SB266,5 10Section 5. 20.505 (1) (ud) of the statutes is repealed.
SB266,6 11Section 6. 59.69 (3) (a) of the statutes is amended to read:
SB266,3,812 59.69 (3) (a) The county zoning agency may direct the preparation of a county
13development plan or parts of the plan for the physical development of the
14unincorporated territory within the county and areas within incorporated
15jurisdictions whose governing bodies by resolution agree to having their areas

1included in the county's development plan. The plan may be adopted in whole or in
2part and may be amended by the board and endorsed by the governing bodies of
3incorporated jurisdictions included in the plan. The county development plan, in
4whole or in part, in its original form or as amended, is hereafter referred to as the
5development plan. Beginning on January 1, 2010, or, if the county is exempt under
6s. 66.1001 (3m), the date under s. 66.1001 (3m) (b), if the county engages in any
7program or action described in s. 66.1001 (3), the development plan shall contain at
8least all of the elements specified in s. 66.1001 (2).
SB266,7 9Section 7. 62.23 (2) of the statutes is amended to read:
SB266,3,2310 62.23 (2) Functions. It shall be the function and duty of the commission to
11make and adopt a master plan for the physical development of the city, including any
12areas outside of its boundaries that in the commission's judgment bear relation to the
13development of the city provided, however, that in any county where a regional
14planning department has been established, areas outside the boundaries of a city
15may not be included in the master plan without the consent of the county board of
16supervisors. The master plan, with the accompanying maps, plats, charts, and
17descriptive and explanatory matter, shall show the commission's recommendations
18for such physical development, and shall, as described in sub. (3) (b), contain at least
19the elements described in s. 66.1001 (2)
. The commission may from time to time
20amend, extend, or add to the master plan or carry any part or subject matter into
21greater detail. The commission may adopt rules for the transaction of business and
22shall keep a record of its resolutions, transactions, findings, and determinations,
23which record shall be a public record.
SB266,8 24Section 8. 62.23 (3) (b) of the statutes is amended to read:
162.23 (3) (b) The commission may adopt the master plan as a whole by a single
2resolution, or, as the work of making the whole master plan progresses, may from
3time to time by resolution adopt a part or parts of a master plan. Beginning on
4January 1, 2010, or, if the city is exempt under s. 66.1001 (3m), the date under s.
566.1001 (3m) (b), if the city engages in any program or action described in s. 66.1001
6(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
8resolution carried by the affirmative votes of not less than a majority of all the
9members of the city plan commission. The resolution shall refer expressly to the
10elements under s. 66.1001 and other
matters intended by the commission to form the
11whole or any part of the plan, and the action taken shall be recorded on the adopted
12plan or part of the plan by the identifying signature of the secretary of the
13commission, and a copy of the plan or part of the plan shall be certified to the common
14council, and also to the commanding officer, or the officer's designee, of any military
15base or installation, with at least 200 assigned military personnel or that contains
16at least 2,000 acres, that is located in or near the city. The purpose and effect of the
17adoption and certifying of the master plan or part of the plan shall be solely to aid
18the city plan commission and the council in the performance of their duties.
SB266,9 19Section 9. 66.0230 (2) (d) of the statutes is repealed.
SB266,10 20Section 10. 66.1001 (3) (intro.) of the statutes is amended to read:
SB266,4,2521 66.1001 (3) Ordinances that must be consistent with comprehensive plans.
22(intro.) Except as provided in sub. (3m), beginning on January 1, 2010, if If a local
23governmental unit has in effect a comprehensive plan and enacts or amends any of
24the following ordinances, the ordinance shall be consistent with that local
25governmental unit's comprehensive plan:
1Section 11. 66.1001 (3m) of the statutes is repealed.
SB266,12 2Section 12. 66.1001 (7) of the statutes is created to read:
SB266,5,53 66.1001 (7) Repeal of comprehensive plan. A local governmental unit may
4repeal its comprehensive plan by a majority vote of the members-elect, as defined
5in s. 59.001 (2m), of the governing body.
SB266,13 6Section 13. 66.1001 (8) of the statutes is created to read:
SB266,5,127 66.1001 (8) Limitation on consideration of comprehensive planning. No
8department or agency of the state or authority created by the state or any city, village,
9town, or county may consider whether or not a local governmental unit has in effect
10a comprehensive plan in determining the eligibility of the local governmental unit
11or any person or entity in the local government unit for participation in an economic
12development program.
SB266,14 13Section 14. 66.1002 (2) (intro.) of the statutes is amended to read:
SB266,5,2014 66.1002 (2) Moratorium allowed. (intro.) Subject to the limitations and
15requirements specified in this section, a municipality may enact a development
16moratorium ordinance if the municipality has enacted a comprehensive plan, is in
17the process of preparing its comprehensive plan, or is in the process of preparing a
18significant amendment to its comprehensive plan in response to a substantial
19change in conditions in the municipality, or is exempt from the requirement as
20described in s. 66.1001 (3m)
, and if at least one of the following applies:
SB266,15 21Section 15. Fiscal changes.
SB266,6,222 (1) Notwithstanding section 20.001 (3) (c) of the statutes, there is lapsed to the
23land information fund from the appropriation account to the department of
24administration under section 20.505 (1) (ub) of the statutes, as affected by the acts
25of 2015, an amount equal to $2,000,000 less any amount obligated or paid for

1comprehensive planning grants in the fiscal year, in the fiscal year in which this
2subsection takes effect.
SB266,16 3Section 16. Effective dates. This act takes effect on the day after publication,
4except as follows:
SB266,6,65 (1) The treatment of section 20.505 (1) (ub) of the statutes takes effect on July
61, 2016.
SB266,6,77 (End)