Rule-Making Notices
Notice of Hearing
Administration
NOTICE IS HEREBY GIVEN that pursuant to ss.
16.004 (1) and
227.11 (2) (a), Stats., interpreting s.
16.967 (3) and
(7), Stats., the Department of Administration will hold a public hearing on a proposed rule order to create Chapter
Adm 49 relating to the administration of the Plat Review Program.
Date: December 13, 2007
Time: 3:30 P.M.
Location: Wis. Dept. of Administration Bldg.
101 East Wilson Street
Yahara Conference Rm. 122
Madison, WI 53702
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864. Written comments must be received by December 11, 2007, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Administration
Statutory authority
Statutes interpreted
Explanation of agency authority
The department shall review preliminary, final or assessor's plats under s.
70.27 or ch.
236, Stats., upon payment of the fees specified in this chapter.
Related statute or rule
Summary of proposed rule
The Department intends to create a rule as required by s.
236.12 (7), Stats., to establish uniform procedures and fees for the plat review program administered by the Department of Administration. The proposed rule is similar to the existing Chapter
Tax 53 which was created when the Plat Review Program was administered by the Department of Revenue. The Plat Review Program was transferred from the Department of Revenue to the Department of Administration in 1997.
Comparison with federal regulations
This proposed rule is specific to the State of Wisconsin laws and is completely separate from, and unaffected by, federal regulations.
Comparison with adjacent states
Michigan: The state level review of subdivision plats is performed by the Department of Labor and Economic Growth on a fee for service basis before the subdivision is recorded with the Register of Deeds.
Minnesota: Minnesota requires subdivisions to be review by the Minnesota Department of Health and by the County Surveyor's Office on a fee for service basis before the subdivision is recorded.
Illinois: It appears that each unit of government enacts subdivision regulations reviewed on a fee for service basis.
Iowa: It appears that each unit of government enacts subdivision regulations reviewed on a fee for service basis.
Summary of factual data and analytical methodologies
The Plat Review Program has been 100% program revenue supported since 1980. All reviews are conducted on a fee for service basis as provided by s.
236.12 (7), Wis. Stats.
Analysis and supporting documents used to determine effect on small business
The proposed rule prescribes uniform procedures and fees making the cost of review consistent and predictable.
Agency Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson Street
P.O. Box 7864
Madison, WI 53707-7864
608-266-2887
Submission of Written Comments
Comments may be submitted to the agency contact person that is listed above and via the Wis. Admin. Rules Website at
http://adminrules.wisconsin.gov, by December 13, 2007.
Initial Regulatory Flexibility Analysis
Developers and surveyors who divide land will be affected by this rule because they pay for the services the program provides
State Fiscal Effect
This rule will increase plat review revenues by approximately $240,000 per year, beginning in May 2008. The increase is needed to sufficiently cover program costs.
The Plat Review program is funded from fees charged to subdividers or agents seeking an advisory opinion relative to conditions affecting a proposed plat for the review of preliminary, final or assessors' plats under s.
70.27 or chapter 236 Statutes. The fees have not been adjusted since 1997.
The program's permanent staffing level remains at the 1997 level of 5.50 FTE. When workload required more staff, limited term employees have been hired. Fee increases are needed to maintain the current level of staffing required to ensure services are provided in a timely manner.
Local Fiscal Effect
There is no fiscal effect on local units of government.
Text of Rule
SECTION 1. Chapter
Adm 49 is created to read:
Adm 49.01 Applicability. The department shall review preliminary, final or assessor's plats under s.
70.27 or ch.
236, Stats., upon payment of the fees specified in this chapter.
Adm 49.02 Definitions. In this chapter:
(1) “Department" means the Wisconsin department of administration.
(2) “Parcel" means a lot, outlot or public dedication. `Public dedication' includes parks, greenways and other similar dedications but does not include streets or easements.
(3) “Plat" means the total assemblage of sheets comprising a preliminary or final subdivision or assessor's plat.
(4) “Sheet" includes each page of a preliminary or final plat.
Adm 49.03 Review fee. (1) The following fee schedule applies to the submission of plats to the department, either as copies under s.
236.12 (2), Stats., or as original drawings under s.
236.12 (6), Stats.
(a) Initial filing fee for preliminary, final or assessor's plats …… $125.00.
(b) Preliminary plat (each submission) …$100.00 per plat
