LRB-2206/1
PJK&MES:nwn:jf
2009 - 2010 LEGISLATURE
March 17, 2009 - Introduced by Senators Kreitlow, Vinehout, Holperin, Harsdorf
and Olsen, cosponsored by Representatives Smith, Jorgensen, Roth, Hubler,
Schneider, Vruwink, Danou, Fields, Clark, Dexter, Ripp, Kerkman, Kestell,
Bies, Brooks, Gunderson, A. Ott and Ballweg. Referred to Committee on
Rural Issues, Biofuels, and Information Technology.
SB117,1,2
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. However, if a subdivision lies in the unincorporated area within
three miles of the corporate limits of a first, second, or third class city, or within one
and one-half miles of a fourth class city or village, the governing body of the city or
village 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, among other things, the plat's compliance with the local
ordinances and a 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
Wisconsin 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 or certified survey map 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:
SB117, s. 1
1Section
1. 236.45 (3) of the statutes is renumbered 236.45 (3) (a).
SB117, s. 2
2Section
2. 236.45 (3) (b) of the statutes is created to read:
SB117,2,83
236.45
(3) (b) Notwithstanding par. (a) and subs. (1) and (2), a municipality
4may not deny approval of a plat or certified survey map under this section or s. 236.10
5or 236.13 on the basis of the proposed use of land within the extraterritorial plat
6approval jurisdiction of the municipality, unless the denial is based on a plan or
7regulations, or amendments thereto, adopted by the governing body of the
8municipality under s. 62.23 (7a) (c).
SB117,2,1210
(1) This act first applies to preliminary plats or, in cases in which no
11preliminary plats are submitted, final plats, and to certified survey maps, that are
12submitted for approval on the effective date of this subsection.
