LRB-1811/2
PJK&MES:kjf:pg
2007 - 2008 LEGISLATURE
June 21, 2007 - Introduced by Representatives Albers, Roth, Musser, Gunderson,
Petrowski and Mursau, cosponsored by Senators Breske, Harsdorf, A. Lasee
and Schultz. Referred to Committee on Rural Affairs.
AB423,1,2
1An Act to renumber 236.45 (3); and
to create 236.45 (3) (b) of the statutes;
2relating to: extraterritorial plat approval on basis of land's use.
Analysis by the Legislative Reference Bureau
Current law specifies whether a county, town, city, or village has the right to
approve or object to a plat (the map of a subdivision). Generally, the location of the
subdivision determines which local governmental unit or units have the right to
approve the plat. If a subdivision lies in the unincorporated area within three miles
of the corporate limits of a first, second, or third class city, however, the governing
body of the city has the right to approve the plat under its extraterritorial plat
approval jurisdiction, as well as the board of the town within which the subdivision
lies and the planning agency of the county within which the subdivision lies if the
planning agency employs on a full-time basis a professional engineer, a planner, or
another person charged with administering zoning or other planning legislation.
Approval of a plat is conditioned on the plat's compliance with the local ordinances
and comprehensive, master, or development plan of the local governmental unit or
units that have the right to approve the plat.
In Wood v. City of Madison, 2003 WI 24, 260 Wis. 2d 71, 659 N.W. 2d 31, the
Supreme Court determined that a city with extraterritorial plat approval
jurisdiction over a plat could object to the plat on the basis of the proposed use of land
outside the city limits. Wood overruled Boucher Lincoln-Mercury v. Madison Plan
Comm., 178 Wis. 2d 74, 503 N.W. 2d 265 (Ct. App. 1993), which held that
extraterritorial plat approval or denial based on the use of the land in the plat is
unilateral land use control (or zoning), and that the statutes require extraterritorial
zoning to be a cooperative effort between the city and the town in which the zoning
ordinance is in effect.
This bill prohibits a municipality (city or village) from denying approval of a
plat on the basis of the proposed use of land within the extraterritorial plat approval
jurisdiction of the municipality unless the denial is based on a plan or regulations
adopted under the statute referred to in Boucher Lincoln-Mercury that sets out the
requirements for the cooperative effort between the municipality and the town for
extraterritorial zoning.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB423, s. 1
1Section
1. 236.45 (3) of the statutes is renumbered 236.45 (3) (a).
AB423, s. 2
2Section
2. 236.45 (3) (b) of the statutes is created to read:
AB423,2,73
236.45
(3) (b) Notwithstanding par. (a) and subs. (1) and (2), a municipality
4may not deny approval of a plat under this section or s. 236.10 or 236.13 on the basis
5of the proposed use of land within the extraterritorial plat approval jurisdiction of
6the municipality, unless the denial is based on a plan or regulations, or amendments
7thereto, adopted by the governing body of the municipality under s. 62.23 (7a) (c).
AB423,2,119
(1) This act first applies to preliminary plats or, in cases in which no
10preliminary plats are submitted, final plats that are submitted for approval on the
11effective date of this subsection.
