2021 - 2022 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 840
February 17, 2022 - Offered by Senator Stafsholt.
1An Act to renumber
60.61 (2) (b);
to renumber and amend
62.23 (7) (b); and 2to create
60.61 (2) (b) 2., 60.61 (2) (b) 3., 62.23 (7) (b) 3., 66.10015 (1) (es), 3
66.10015 (7) and 236.11 (2) (am) of the statutes; relating to: local approvals of
4workforce housing projects and a requirement that street addresses be
5assigned at the time of subdivision plat approval.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
66.10015 (1) (es) of the statutes is created to read:
(es) “Workforce housing” means housing to which all of the 8
following apply, as adjusted for family size and the county in which the household is 9
located, based on the county's 5-year average median income and housing costs as 10
calculated by the U.S. Bureau of the Census in its American Community Survey:
1. The housing costs a household no more than 30 percent of the household's 12
gross median income.
2. The residential units are for initial occupancy by individuals whose 2
household median income is no more than 120 percent of the county's gross median 3
66.10015 (7) of the statutes is created to read:
66.10015 (7) Workforce housing.
(a) A political subdivision shall do all of the 6
1. Establish a process for approving, denying, or conditionally approving an 8
application for approval of a workforce housing project within 90 days of receiving 9
2. Approve any application for approval of a workforce housing project that is 11
consistent with the housing element of the political subdivision's comprehensive 12
plan and consistent with the political subdivision's zoning ordinance unless the 13
political subdivision demonstrates that all of the following apply:
a. The project would have an adverse impact on public health or safety that is 15
significant, quantifiable, direct, and unavoidable. A political subdivision shall 16
demonstrate an adverse impact under this subd. 2. a. by reference to objective 17
written standards, policies, or conditions relating to public health or safety that exist 18
on the date that the political subdivision receives the application. A zoning 19
ordinance or other general land use plan is not an objective written standard, policy, 20
or condition relating to public health or safety under this subd. 2. a.
b. The impact under subd. 2. a. cannot be mitigated without making the project 22
financially infeasible as a workforce housing project.
(b) A person aggrieved by the failure of a political subdivision to approve an 24
application under par. (a) 2. for a workforce housing project may appeal the decision 25
to the circuit court of the county in which the project was to be completed. If the court
finds that the political subdivision has failed to satisfy the requirements of s. 66.1001 2
(2) (b), 66.10013, or 66.10014, the court shall order the political subdivision to 3
approve the application.
236.11 (2) (am) of the statutes is created to read:
(am) If a plat is approved or deemed approved by an approving 6
authority under par. (a) and the approving authority has the right to assign a street 7
address to a lot within the plat, the approving authority shall, no later than the date 8
of approval, assign the lot's street address, unless the time is extended by agreement 9
with the subdivider.
(1) The treatment of s. 66.10015 (7) (a) 2. and (b) first applies to an application 12
received on the effective date of this subsection.
(2) The treatment of s. 236.11 (2) (am) first applies to a preliminary or final plat 14
submitted for approval under s. 236.11 on the effective date of this subsection.
This act takes effect on the day after publication, 16
except as follows:
The treatment of s. 66.10015 (7) (a) 2. and (b) and Section
) of this act 18
take effect on the 180th day after the day of publication.