October 23, 2003 - Introduced by Representatives Albers, Berceau, Freese,
Gronemus, Gunderson, Hines, Jensen, M. Lehman, Musser, Pettis, Powers,
Plouff and Olsen, cosponsored by Senators Stepp and
Lazich. Referred to
Committee on Property Rights and Land Management.
AB608,1,5
1An Act to repeal 66.1001 (3) (a) to (f), 66.1001 (3) (i), 66.1001 (3) (m) to (p),
266.1001 (3) (r) and 66.1001 (3) (s);
to amend 66.1001 (2) (i), 66.1001 (3) (intro.),
366.1001 (4) (c) and 66.1001 (4) (d) (intro.); and
to create 66.1001 (1) (c) and
466.1001 (5) of the statutes;
relating to: making changes to the comprehensive
5planning statute known as Smart Growth.
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 which are related to the city's or
village's development.
Under the current law popularly known as the "Smart Growth" statute, if a
local governmental unit (city, village, town, county, or regional planning commission)
creates a comprehensive plan (a development plan or a master 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; and land use.
Beginning on January 1, 2010, under Smart Growth, any program or action of
a local governmental unit that affects land use must be consistent with that local
governmental unit's comprehensive plan. The actions to which this requirement
applies include zoning ordinances, municipal incorporation procedures, annexation
procedures, agricultural preservation plans, and impact fee ordinances. Also
beginning on January 1, 2010, under Smart Growth, if a local governmental unit
engages in any program or action that affects land use, the comprehensive plan must
contain at least all of the required planning elements.
This bill reduces the number of programs or actions with which a
comprehensive plan must be consistent. Under the bill, the only actions which must
be consistent with a comprehensive plan are official mapping, local subdivision
regulation, and zoning ordinances, including zoning of shorelands or wetlands in
shorelands.
The bill also reiterates that an RPC's comprehensive plan is only advisory in its
applicability to a political subdivision (a city, village, town, or county), and a political
subdivision's comprehensive plan.
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:
AB608, s. 1
1Section
1. 66.1001 (1) (c) of the statutes is created to read:
AB608,2,32
66.1001
(1) (c) "Political subdivision" means a city, village, town, or county that
3may adopt, prepare, or amend a comprehensive plan.
AB608, s. 2
4Section
2. 66.1001 (2) (i) of the statutes is amended to read:
AB608,3,75
66.1001
(2) (i)
Implementation element. A compilation of programs and specific
6actions to be completed in a stated sequence, including proposed changes to any
7applicable zoning ordinances, official maps,
sign regulations, erosion and storm
8water control ordinances, historic preservation ordinances, site plan regulations,
9design review ordinances, building codes, mechanical codes, housing codes, sanitary
10codes or subdivision ordinances, to implement the objectives, policies, plans and
1programs contained in pars. (a) to (h). The element shall describe how each of the
2elements of the comprehensive plan will be integrated and made consistent with the
3other elements of the comprehensive plan, and shall include a mechanism to
4measure the local governmental unit's progress toward achieving all aspects of the
5comprehensive plan. The element shall include a process for updating the
6comprehensive plan. A comprehensive plan under this subsection shall be updated
7no less than once every 10 years.
AB608, s. 3
8Section
3. 66.1001 (3) (intro.) of the statutes is amended to read:
AB608,3,139
66.1001
(3) Actions, procedures that must be consistent with comprehensive
10plans. (intro.) Beginning on January 1, 2010,
any program or action of if a local
11governmental unit
that affects land use engages in any of the following actions, those
12actions shall be consistent with that local governmental unit's comprehensive plan
,
13including all of the following:
AB608, s. 4
14Section
4. 66.1001 (3) (a) to (f) of the statutes are repealed.
AB608, s. 5
15Section
5. 66.1001 (3) (i) of the statutes is repealed.
AB608, s. 6
16Section
6. 66.1001 (3) (m) to (p) of the statutes are repealed.
AB608, s. 7
17Section
7. 66.1001 (3) (r) of the statutes is repealed.
AB608, s. 8
18Section
8. 66.1001 (3) (s) of the statutes is repealed.
AB608, s. 9
19Section
9. 66.1001 (4) (c) of the statutes is amended to read:
AB608,4,520
66.1001
(4) (c) No comprehensive plan that is recommended for adoption or
21amendment under par. (b) may take effect until the
local governmental unit political
22subdivision enacts an ordinance
or the regional planning commission adopts a
23resolution that adopts the plan or amendment. The
local governmental unit political
24subdivision may not enact an ordinance
or the regional planning commission may
25not adopt a resolution under this paragraph unless the comprehensive plan contains
1all of the elements specified in sub. (2). An ordinance may be enacted
or a resolution
2may be adopted under this paragraph only by a majority vote of the members-elect,
3as defined in s. 59.001 (2m), of the governing body. An ordinance that is enacted
or
4a resolution that is adopted under this paragraph, and the plan to which it relates,
5shall be filed with at least all of the entities specified under par. (b).
AB608, s. 10
6Section
10. 66.1001 (4) (d) (intro.) of the statutes is amended to read:
AB608,4,157
66.1001
(4) (d) (intro.) No
local governmental unit political subdivision may
8enact an ordinance
or no regional planning commission may adopt a resolution under
9par. (c) unless the
local governmental unit political subdivision or regional planning
10commission holds at least one public hearing at which the proposed ordinance
or
11resolution is discussed. That hearing must be preceded by a class 1 notice under ch.
12985 that is published at least 30 days before the hearing is held. The
local
13governmental unit political subdivision or regional planning commission may also
14provide notice of the hearing by any other means it considers appropriate. The class
151 notice shall contain at least the following information:
AB608, s. 11
16Section
11. 66.1001 (5) of the statutes is created to read:
AB608,4,2017
66.1001
(5) Applicability of a regional planning commission's plan. A
18regional planning commission's comprehensive plan is only advisory in its
19applicability to a political subdivision and a political subdivision's comprehensive
20plan.