AB85-SSA1, s. 12 16Section 12. 66.0205 (intro.) of the statutes is amended to read:
AB85-SSA1,5,21 1766.0205 Standards to be applied by the circuit court. (intro.) Before
18referring the incorporation petition as provided in s. 66.0203 (2) to the department
19board, the court shall determine whether the petition meets the formal and signature
20requirements and shall further find that the following minimum requirements are
21met:
AB85-SSA1, s. 13 22Section 13. 66.0207 (title), (1) (intro.) and (b), and (2) (intro.) of the statutes
23are amended to read:
AB85-SSA1,5,24 2466.0207 (title) Standards to be applied by the department board.
AB85-SSA1,6,2
1(1) (intro.) The department board may approve for referendum only those
2proposed incorporations which meet the following requirements:
AB85-SSA1,6,123 (b) Territory beyond the core. The territory beyond the most densely populated
4one-half square mile specified in s. 66.0205 (1) or the most densely populated square
5mile specified in s. 66.0205 (2) shall have an average of more than 30 housing units
6per quarter section or an assessed value, as defined in s. 66.0217 (1) (a) for real estate
7tax purposes, more than 25% of which is attributable to existing or potential
8mercantile, manufacturing or public utility uses. The territory beyond the most
9densely populated square mile as specified in s. 66.0205 (3) or (4) shall have the
10potential for residential or other urban land use development on a substantial scale
11within the next 3 years. The department board may waive these requirements to the
12extent that water, terrain or geography prevents the development.
AB85-SSA1,6,16 13(2) (intro.) In addition to complying with each of the applicable standards set
14forth in sub. (1) and s. 66.0205 in order to be approved for referendum, a proposed
15incorporation must be in the public interest as determined by the department board
16upon consideration of the following:
AB85-SSA1, s. 14 17Section 14. 66.0209 (2) and (4) of the statutes are amended to read:
AB85-SSA1,6,1918 66.0209 (2) The decision of the department board made under s. 66.0203 (9) is
19subject to judicial review under ch. 227.
AB85-SSA1,6,24 20(4) An incorporation referendum ordered by the circuit court under s. 66.0203
21(9) (f) may not be stayed pending the outcome of further litigation, unless the court
22of appeals or the supreme court, upon an appeal or upon the filing of an original
23action in the supreme court, concludes that a strong probability exists that the order
24of the circuit court or the decision of the department board will be set aside.
AB85-SSA1, s. 15 25Section 15. 66.0216 of the statutes is created to read:
AB85-SSA1,7,17
166.0216 Incorporation of certain towns surrounded by navigable
2waterways.
(1) Petition. If the resident population of a town exceeds 4,000, as
3shown by the most recent federal census or by a census under sub. (2), the town is
4wholly contained within a land area not exceeding 15 square miles, the land area is
5surrounded by navigable waterways, the equalized valuation of the town exceeds
6$125,000,000, and a petition signed by at least 100 persons, each of whom is an
7elector and taxpayer of the town, requesting submission of the question to the
8electors of the town, is filed with the town clerk, the procedure for becoming a village
9under this section is initiated. The procedure under this section may be used only
10with respect to an area that constitutes an entire town. If at the time of the filing
11of the incorporation petition any portion of the town is subject to a prior annexation
12proceeding by an incorporated municipality, that portion of the town shall be
13detached from the town if the annexation is determined to be valid either as a result
14of the failure of the town, or a resident of the town, to have filed a valid legal objection
15or by final judgment. If the annexation is determined by final judgment to be invalid,
16the territory that is subject to the annexation shall become part of the village formed
17under this section.
AB85-SSA1,8,3 18(2) Referendum. At the next regular meeting of the town board following the
19filing of the petition under sub. (1), the town board by resolution shall provide for a
20referendum by the electors of the town. The resolution shall conform to the
21requirements of s. 5.15 (1) and (2) and shall determine the numbers and boundaries
22of each ward of the proposed village and the time of voting, which may not be earlier
23than 6 weeks after the adoption of the resolution. The resolution may direct that a
24census be taken of the resident population of the territory on a day not more than 10
25weeks before the date of the election, exhibiting the name of every head of a family

1and the name of every person who is a resident in good faith of the territory on that
2day, and the lot or quarter section of land on which that person resides, which shall
3be verified by the affixed affidavit of the person taking the census.
AB85-SSA1,8,9 4(3) Notice of referendum. The town clerk shall publish the resolution adopted
5under sub. (2) in a newspaper published in the town. If no newspaper is published
6in the town, the town clerk shall publish the resolution in a newspaper designated
7in the resolution. The town clerk shall publish the resolution once a week for 4
8successive weeks, the first publication to be not more than 4 weeks before the
9referendum.
AB85-SSA1,8,15 10(4) Voting procedure. The referendum shall be conducted in the same manner
11as elections for town board supervisors. The question appearing on the ballot shall
12be "Shall the town of .... become a village?" Below the question shall appear 2
13squares. To the left of one square shall appear the words "For a village" and to the
14left of the other square shall appear the words "Against a village." The inspectors
15shall make a return to the town clerk.
AB85-SSA1,8,22 16(5) Certificate of incorporation. If a majority of the votes are cast in favor
17of a village, the town clerk shall certify that fact to the secretary of state, together
18with the result of the census under sub. (2), if any, 4 copies of a description of the legal
19boundaries of the town, and 4 copies of a plat of the town. The secretary of state shall
20issue a certificate of incorporation and record the certificate in a book kept for that
21purpose. The secretary of state shall provide 2 copies of the description and plat to
22the department of transportation and one copy to the department of revenue.
AB85-SSA1,8,25 23(6) Village powers. A village incorporated under this section is a body
24corporate and politic, with the powers and privileges of a municipal corporation at
25common law and conferred by ch. 61.
AB85-SSA1,9,3
1(7) Existing ordinances. (a) Ordinances in force in the territory or any part
2of the territory, to the extent not inconsistent with ch. 61, continue in force until
3altered or repealed.
AB85-SSA1,9,54 (b) A county shoreland zoning ordinance enacted under s. 59.692 that is in force
5in any part of the territory continues in force until altered under s. 59.692 (7) (ad).
AB85-SSA1,9,8 6(8) Interim officers, first village election. Section 66.0215 (8) and (9), as it
7applies to a town that is incorporated as a city under s. 66.0215, applies to a town that
8is incorporated as a village under this section.
AB85-SSA1, s. 16 9Section 16. 66.0217 (14) of the statutes is created to read:
AB85-SSA1,9,1110 66.0217 (14) Law applicable. Section 66.0203 (8) (c) applies to annexations
11under this section.
AB85-SSA1, s. 17 12Section 17. 66.0219 (8) of the statutes is amended to read:
AB85-SSA1,9,1413 66.0219 (8) Law applicable. Section Sections 66.0203 (8) (c) and 66.0217 (11)
14applies apply to annexations under this section.
AB85-SSA1, s. 18 15Section 18. 66.0223 of the statutes is amended to read:
AB85-SSA1,9,25 1666.0223 Annexation of territory owned by a city or village. In addition
17to other methods provided by law and subject to ss. 59.692 (7) and 66.0307 (7),
18territory owned by and lying near but not necessarily contiguous to a village or city
19may be annexed to a village or city by ordinance enacted by the board of trustees of
20the village or the common council of the city, provided that in the case of
21noncontiguous territory the use of the territory by the city or village is not contrary
22to any town or county zoning regulation. The ordinance shall contain the exact
23description of the territory annexed and the names of the towns from which
24detached, and attaches the territory to the village or city upon the filing of 7 certified
25copies of the ordinance in the office of the secretary of state, together with 7 copies

1of a plat showing the boundaries of the territory attached. Two copies of the
2ordinance and plat shall be forwarded by the secretary of state to the department of
3transportation, one copy to the department of administration, one copy to the
4department of natural resources, one copy to the department of revenue and one copy
5to the department of public instruction. Within 10 days of filing the certified copies,
6a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county
7in which the annexed territory is located. Section Sections 66.0203 (8) (c) and
866.0217 (11) applies apply to annexations under this section.
AB85-SSA1, s. 19 9Section 19. 66.0231 of the statutes is amended to read:
AB85-SSA1,10,22 1066.0231 Notice of certain litigation affecting municipal status or
11boundaries.
If a proceeding under ss. 61.187, 61.189, 61.74, 62.075, 66.0201 to
1266.0213, 66.0215, 66.0216, 66.0217, 66.0221, 66.0223, 66.0227 or 66.0307 or other
13sections relating to an incorporation, annexation, consolidation, dissolution or
14detachment of territory of a city or village is contested by instigation of legal
15proceedings, the clerk of the city or village involved in the proceedings shall file with
16the secretary of state 4 copies of a notice of the commencement of the action. The
17clerk shall file with the secretary of state 4 copies of any judgments rendered or
18appeals taken in such cases. The notices or copies of judgments that are required
19under this section may also be filed by an officer or attorney of any party of interest.
20The secretary of state shall forward to the department of transportation 2 copies and
21to the department of revenue and the department of administration one copy each
22of any notice of action or judgment filed with the secretary of state under this section.
AB85-SSA1, s. 20 23Section 20. 66.1001 (3) (a) of the statutes is amended to read:
AB85-SSA1,10,2524 66.1001 (3) (a) Municipal incorporation procedures under s. 66.0201, 66.0203
25or, 66.0215, or 66.0216.
AB85-SSA1, s. 21
1Section 21. Initial applicability.
AB85-SSA1,11,62 (1) The treatment of sections 16.53 (14), 66.0203 (8) (b) and (c) and (9) (title),
3(a), (b), (d), (e) (intro.), (f), (g), (h), and (i), 66.0205 (intro.), 66.0207 (title), (1) (intro.)
4and (b), and (2) (intro.), 66.0217 (14), 66.0219 (8), and 66.0223 of the statutes first
5applies to a petition for incorporation of a village or city that is filed with a circuit
6court under section 66.0203 (2) of the statutes on the effective date of this subsection.
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