LRB-4409/1
EVM:kjf&wlj:rs
2009 - 2010 LEGISLATURE
March 11, 2010 - Introduced by Representatives Hubler and Brooks, cosponsored
by Senators Kreitlow and Harsdorf. Referred to Committee on Urban and
Local Affairs.
AB834,1,4 1An Act to repeal 236.13 (1) (c); to amend 59.69 (3) (a), 60.62 (1), 62.23 (3) (b),
266.1001 (1) (a) (intro.), 66.1001 (1) (a) 2., 66.1001 (3) (intro.), (g), (h) and (q) and
366.1001 (4) (c); and to create 16.965 (5), 60.23 (33), 66.1001 (1) (am), 66.1001
4(2m) and 66.1001 (3m) of the statutes; relating to: comprehensive planning.
Analysis by the Legislative Reference Bureau
Under the current law commonly known as the "Smart Growth" statute, if a
city, village, town, county, or regional planning commission (local governmental unit)
creates a development plan or master plan (comprehensive plan) or amends an
existing comprehensive plan, the plan must contain certain planning elements. A
town may create a comprehensive plan only if it exercises village powers as
authorized by the town meeting. The required planning elements include the
following: housing; transportation; utilities and community facilities; agricultural,
natural, and cultural resources; economic development; land use; and
intergovernmental cooperation.
Also under current law, beginning on January 1, 2010, certain actions of a local
governmental unit that affect land use must be consistent with that local
governmental unit's comprehensive plan. The actions to which this requirement
applies are official mapping, local subdivision regulation, and zoning ordinances,
including zoning of shorelands or wetlands in shorelands. Also under current law,
beginning on January 1, 2010, if a local governmental unit engages in any of these
specified actions, the comprehensive plan must contain at least all of the required
planning elements.

This bill specifies that the actions of a local governmental unit that must be
consistent with the local governmental unit's comprehensive plan are ordinances
related to official mapping, local subdivision regulation, and zoning, including
zoning of shorelands or wetlands in shorelands. "Consistent with" is defined in this
bill to mean "furthers or does not contradict the objectives, goals, and policies
contained in the comprehensive plan." This bill also specifies that enacting a
comprehensive plan by ordinance does not make the comprehensive plan itself a
regulation.
Also under this bill, if a local governmental unit has not adopted a
comprehensive plan, it may be exempt from the consistency requirement if either:
1) the local governmental unit has not received a comprehensive planning grant from
the Department of Administration (DOA), and the local governmental unit adopts
a resolution stating that it will adopt a comprehensive plan by January 1, 2012; or
2) the local governmental unit has received a comprehensive planning grant and an
extension from DOA. The local governmental unit is exempt from the consistency
requirement until January 1, 2012, if it qualifies under the former provision or until
the expiration of the extension granted by DOA if it qualifies under the latter
provision.
Also under this bill, a town may adopt a comprehensive plan whether or not it
exercises village powers.
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:
AB834, s. 1 1Section 1. 16.965 (5) of the statutes is created to read:
AB834,2,62 16.965 (5) The department may, upon application, grant a local governmental
3unit that has received a grant under sub. (2) and that has not adopted a
4comprehensive plan under s. 66.1001 an extension of time to adopt a comprehensive
5plan. During the period of the extension, the local governmental unit shall be exempt
6from the requirements under s. 66.1001 (3).
AB834, s. 2 7Section 2. 59.69 (3) (a) of the statutes is amended to read:
AB834,3,98 59.69 (3) (a) The county zoning agency may direct the preparation of a county
9development plan or parts of the plan for the physical development of the
10unincorporated territory within the county and areas within incorporated

1jurisdictions whose governing bodies by resolution agree to having their areas
2included in the county's development plan. The plan may be adopted in whole or in
3part and may be amended by the board and endorsed by the governing bodies of
4incorporated jurisdictions included in the plan. The county development plan, in
5whole or in part, in its original form or as amended, is hereafter referred to as the
6development plan. Beginning on January 1, 2010, or, if the county is exempt under
7s. 66.1001 (3m), the date under s. 66.1001 (3m) (b),
if the county engages in any
8program or action described in s. 66.1001 (3), the development plan shall contain at
9least all of the elements specified in s. 66.1001 (2).
AB834, s. 3 10Section 3. 60.23 (33) of the statutes is created to read:
AB834,3,1111 60.23 (33) Comprehensive plan. Adopt or amend a master plan under s. 62.23.
AB834, s. 4 12Section 4. 60.62 (1) of the statutes is amended to read:
AB834,3,1513 60.62 (1) Subject Except as provided in s. 60.23 (33) and subject to subs. (2),
14(3) and (4), if a town board has been granted authority to exercise village powers
15under s. 60.10 (2) (c), the board may adopt zoning ordinances under s. 61.35.
AB834, s. 5 16Section 5. 62.23 (3) (b) of the statutes is amended to read:
AB834,4,917 62.23 (3) (b) The commission may adopt the master plan as a whole by a single
18resolution, or, as the work of making the whole master plan progresses, may from
19time to time by resolution adopt a part or parts of a master plan. Beginning on
20January 1, 2010, or, if the city is exempt under s. 66.1001 (3m), the date under s.
2166.1001 (3m) (b),
if the city engages in any program or action described in s. 66.1001
22(3), the master plan shall contain at least all of the elements specified in s. 66.1001
23(2). The adoption of the plan or any part, amendment, or addition, shall be by
24resolution carried by the affirmative votes of not less than a majority of all the
25members of the city plan commission. The resolution shall refer expressly to the

1elements under s. 66.1001 and other matters intended by the commission to form the
2whole or any part of the plan, and the action taken shall be recorded on the adopted
3plan or part of the plan by the identifying signature of the secretary of the
4commission, and a copy of the plan or part of the plan shall be certified to the common
5council, and also to the commanding officer, or the officer's designee, of any military
6base or installation, with at least 200 assigned military personnel or that contains
7at least 2,000 acres, that is located in or near the city. The purpose and effect of the
8adoption and certifying of the master plan or part of the plan shall be solely to aid
9the city plan commission and the council in the performance of their duties.
AB834, s. 6 10Section 6. 66.1001 (1) (a) (intro.) of the statutes is amended to read:
AB834,4,1311 66.1001 (1) (a) (intro.) "Comprehensive plan" means a guide to the physical,
12social, and economic development of a local governmental unit that is one of the
13following
:
AB834, s. 7 14Section 7. 66.1001 (1) (a) 2. of the statutes is amended to read:
AB834,4,1715 66.1001 (1) (a) 2. For a city or a , village, or for a town that exercises village
16powers under s. 60.22 (3)
, a master plan that is adopted or amended under s. 62.23
17(2) or (3).
AB834, s. 8 18Section 8. 66.1001 (1) (am) of the statutes is created to read:
AB834,4,2019 66.1001 (1) (am) "Consistent with" means furthers or does not contradict the
20objectives, goals, and policies contained in the comprehensive plan.
AB834, s. 9 21Section 9. 66.1001 (2m) of the statutes is created to read:
AB834,4,2422 66.1001 (2m) Effect of enactment of a comprehensive plan. The enactment
23of a comprehensive plan by ordinance does not make the comprehensive plan by itself
24a regulation.
AB834, s. 10
1Section 10. 66.1001 (3) (intro.), (g), (h) and (q) of the statutes are amended to
2read:
AB834,5,73 66.1001 (3) Actions, procedures Ordinances that must be consistent with
4comprehensive plans.
(intro.) Beginning Except as provided in sub. (3m), beginning
5on January 1, 2010, if a local governmental unit engages in enacts or amends any of
6the following actions, those actions ordinances, the ordinance shall be consistent
7with that local governmental unit's comprehensive plan:
AB834,5,98 (g) Official mapping established ordinances enacted or amended under s. 62.23
9(6).
AB834,5,1110 (h) Local subdivision regulation ordinances enacted or amended under s.
11236.45 or 236.46.
AB834,5,1312 (q) Zoning of shorelands Shorelands or wetlands in shorelands zoning
13ordinances enacted or amended
under s. 59.692, 61.351 or 62.231.
AB834, s. 11 14Section 11. 66.1001 (3m) of the statutes is created to read:
AB834,5,1815 66.1001 (3m) Delay of consistency requirement. (a) If a local governmental
16unit has not adopted a comprehensive plan before January 1, 2010, the local
17governmental unit is exempt from the requirement under sub. (3) if any of the
18following applies:
AB834,5,2219 1. The local governmental unit has applied for but has not received a
20comprehensive planning grant under s. 16.965 (2), and the local governmental unit
21adopts a resolution stating that the local governmental unit will adopt a
22comprehensive plan that will take effect no later than January 1, 2012.
AB834,5,2523 2. The local governmental unit has received a comprehensive planning grant
24under s. 16.965 (2) and has been granted an extension of time under s. 16.965 (5) to
25complete comprehensive planning.
AB834,6,1
1(b) The exemption under par. (a) shall continue until the following dates:
AB834,6,22 1. For a local governmental unit exempt under par. (a) 1., January 1, 2012.
AB834,6,43 2. For a local governmental unit exempt under par. (a) 2., the date on which the
4extension of time granted under s. 16.965 (5) expires.
AB834, s. 12 5Section 12. 66.1001 (4) (c) of the statutes is amended to read:
AB834,6,176 66.1001 (4) (c) No comprehensive plan that is recommended for adoption or
7amendment under par. (b) may take effect until the political subdivision enacts an
8ordinance or the regional planning commission adopts a resolution that adopts the
9plan or amendment. The political subdivision may not enact an ordinance or the
10regional planning commission may not adopt a resolution under this paragraph
11unless the comprehensive plan contains all of the elements specified in sub. (2). An
12ordinance may be enacted or a resolution may be adopted under this paragraph only
13by a majority vote of the members-elect, as defined in s. 59.001 (2m), of the governing
14body. An ordinance that is enacted or a resolution that is adopted under this
15paragraph, and the plan to which it relates, shall be filed with at least
One copy of
16a comprehensive plan enacted or adopted under this paragraph shall be sent to
all
17of the entities specified under par. (b).
AB834, s. 13 18Section 13. 236.13 (1) (c) of the statutes is repealed.
AB834,6,1919 (End)
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