66.0143(1)(a)
(a) "Political subdivision" means a city, village, town, or county.
66.0143(1)(b)
(b) "State mandate" means a state law that requires a political subdivision to engage in an activity or provide a service, or to increase the level of its activities or services.
66.0143(2)(a)(a) A political subdivision may file a request with the department of revenue for a waiver from a state mandate, except for a state mandate that is related to any of the following:
66.0143(2)(b)
(b) An administrative agency, or the department of revenue, may grant a political subdivision a waiver from a state mandate as provided in
par. (c).
66.0143(2)(c)
(c) The political subdivision shall specify in its request for a waiver its reason for requesting the waiver. Upon receipt of a request for a waiver, the department of revenue shall forward the request to the administrative agency which is responsible for administrating the state mandate. The agency shall determine whether to grant the waiver and shall notify the political subdivision and the department of revenue of its decision in writing. If no agency is responsible for administrating the state mandate, the department of revenue shall determine whether to grant the waiver and shall notify the political subdivision of its decision in writing.
66.0143(3)
(3) Duration of waivers. A waiver is effective for 4 years. The administrative agency may renew the waiver for additional 4-year periods. If a waiver is granted by the department of revenue, the department may renew the waiver under this subsection.
66.0143(4)
(4) Evaluation. By July 1, 2004, the department of revenue shall submit a report to the governor, and to the appropriate standing committees of the legislature under
s. 13.172 (3). The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request, and the financial effects on the political subdivision of each waiver that was granted.
66.0143 History
History: 2001 a. 109.
INCORPORATION; MUNICIPAL BOUNDARIES
66.0201
66.0201
Incorporation of villages and cities; purpose and definitions. 66.0201(1)(1)
Purpose. It is the policy of this state that the development of territory from town to incorporated status proceed in an orderly and uniform manner and that toward this end each proposed incorporation of territory as a village or city be reviewed as provided in
ss. 66.0201 to
66.0213 to assure compliance with certain minimum standards which take into account the needs of both urban and rural areas.
66.0201(2)(a)
(a) "Department" means the department of administration.
66.0201(2)(bm)
(bm) "Isolated municipality" means any existing or proposed village or city entirely outside any metropolitan community at the time of its incorporation.
66.0201(2)(c)
(c) "Metropolitan community" means the territory consisting of any city having a population of 25,000 or more, or any 2 incorporated municipalities whose boundaries are within 5 miles of each other whose populations aggregate 25,000, plus all the contiguous area which has a population density of 100 persons or more per square mile, or which the department has determined on the basis of population trends and other pertinent facts will have a minimum density of 100 persons per square mile within 3 years.
66.0201(2)(d)
(d) "Metropolitan municipality" means any existing or proposed village or city entirely or partly within a metropolitan community.
66.0201(2)(dm)
(dm) "Population" means the population of a local unit as shown by the last federal census or by any subsequent population estimate certified as acceptable by the department.
66.0203
66.0203
Procedure for incorporation of villages and cities. 66.0203(1)(1)
Notice of intention. At least 10 days and not more than 20 days before the circulation of an incorporation petition, a notice setting forth that the petition is to be circulated and including an accurate description of the territory involved shall be published within the county in which the territory is located as a class 1 notice, under
ch. 985.
66.0203(2)(a)(a) The petition for incorporation of a village or city shall be in writing signed by 50 or more persons who are both electors and freeholders in the territory to be incorporated if the population of the proposed village or city includes 300 or more persons; otherwise by 25 or more persons who are both electors and freeholders in the territory to be incorporated.
66.0203(2)(b)
(b) The petition shall be addressed to and filed with the circuit court of a county in which all or a major part of the territory to be incorporated is located. The incorporation petition is void unless filed within 6 months of the date of publication of the notice of intention to circulate.
66.0203(2)(c)
(c) The petition shall designate a representative of the petitioners, and an alternate, who shall be an elector or freeholder in the territory, and state that person's address; describe the territory to be incorporated with sufficient accuracy to determine its location and have attached to the petition a scale map reasonably showing the boundaries of the territory; specify the current resident population of the territory by number in accordance with the definition given in
s. 66.0201 (2) (dm); set forth facts substantially establishing the required standards for incorporation; and request the circuit court to order a referendum and to certify the incorporation of the village or city when it is found that all requirements have been met.
66.0203(2)(e)
(e) No person who has signed a petition may withdraw his or her name from the petition. No additional signatures may be added after a petition is filed.
66.0203(2)(f)
(f) The circulation of the petition shall commence not less than 10 days nor more than 20 days after the date of publication of the notice of intention to circulate.
66.0203(3)(a)(a) Upon the filing of the petition the circuit court shall by order fix a time and place for a hearing giving preference to the hearing over other matters on the court calendar.
66.0203(3)(b)
(b) The court may by order allow costs and disbursements as provided for actions in circuit court in any proceeding under this subsection.
66.0203(3)(c)
(c) The court may, upon notice to all parties who have appeared in the hearing and after a hearing on the issue of bond, order the petitioners or any of the opponents to post bond in an amount that it considers sufficient to cover disbursements.
66.0203(4)(a)(a) Notice of the filing of the petition and of the date of the hearing on the petition before the circuit court shall be published in the territory to be incorporated, as a class 2 notice, under
ch. 985, and given by certified or registered mail to the clerk of each town in which the territory is located and to the clerk of each metropolitan municipality of the metropolitan community in which the territory is located. The mailing shall be not less than 10 days before the time set for the hearing.
66.0203(4)(b)1.
1. A description of the territory sufficiently accurate to determine its location and a statement that a scale map reasonably showing the boundaries of the territory is on file with the circuit court.
66.0203(4)(b)2.
2. The name of each town in which the territory is located.
66.0203(4)(b)3.
3. The name and post-office address of the representative of the petitioners.
66.0203(5)
(5) Parties. Any governmental unit entitled to notice pursuant to
sub. (4), any school district which lies at least partly in the territory or any other person found by the court to be a party in interest may become a party to the proceeding prior to the time set for the hearing.
66.0203(6)
(6) Annexation resolution. Any municipality whose boundaries are contiguous to the territory may also file with the circuit court a certified copy of a resolution adopted by a two-thirds vote of the elected members of the governing body indicating a willingness to annex the territory designated in the incorporation petition. The resolution shall be filed at or prior to the hearing on the incorporation petition, or any adjournment granted for this purpose by the court.
66.0203(7)(a)(a) No action to contest the validity of an incorporation on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the charter of incorporation by the secretary of state.
66.0203(7)(b)
(b) An action contesting an incorporation shall be given preference in the circuit court.
66.0203(8)(a)(a) After the filing of the petition and proof of notice, the circuit court shall conduct a hearing at the time and place specified in the notice, or at a time and place to which the hearing is duly adjourned.
66.0203(8)(b)
(b) On the basis of the hearing the circuit court shall find if the standards under
s. 66.0205 are met. If the court finds that the standards are not met, the court shall dismiss the petition. If the court finds that the standards are met the court shall refer the petition to the department. Upon payment of any fee imposed under
s. 16.53 (14), the department shall determine whether the standards under
s. 66.0207 are met.
66.0203(9)(a)(a) Upon receipt of the petition from the circuit court and payment of any fee imposed under
s. 16.53 (14), the department shall make any necessary investigation to apply the standards under
s. 66.0207.
66.0203(9)(b)
(b) Within 20 days after the receipt by the department of the petition from the circuit court and payment of any fee imposed under
s. 16.53 (14), whichever is later, any party in interest may request a hearing. Upon receipt of the request, the department shall schedule a hearing at a place in or convenient to the territory sought to be incorporated.
66.0203(9)(c)
(c) Notice of the hearing shall be given in the territory to be incorporated by publishing a class 2 notice, under
ch. 985, and by mailing the notice to the designated representative of the petitioners or any 5 petitioners and to all town and municipal clerks entitled to receive mailed notice of the petition under
sub. (4).
66.0203(9)(d)
(d) Unless the court sets a different time limit, the department shall prepare its findings and determination, citing the supporting evidence, within 90 days after receipt of the referral from the court and payment of any fee imposed under
s. 16.53 (14), whichever is later. The findings and determination shall be forwarded by the department to the circuit court. Copies of the findings and determination shall be sent by certified or registered mail to the designated representative of the petitioners, and to all town and municipal clerks entitled to receive mailed notice of the petition under
sub. (4).
66.0203(9)(e)3.
3. The petition as submitted is dismissed with a recommendation that a new petition be submitted to include more or less territory as specified in the department's findings and determination.
66.0203(9)(f)
(f) If the department determines that the petition shall be dismissed under
par. (e) 1., the circuit court shall issue an order dismissing the petition. If the department grants the petition, the circuit court shall order an incorporation referendum as provided in
s. 66.0211.
66.0203(9)(g)
(g) The findings of both the court and the department shall be based upon facts as they existed at the time of the filing of the petition.
66.0203(9)(h)
(h) Except for an incorporation petition which describes the territory recommended by the department under
s. 66.0203 (9) (e) 3., no petition for the incorporation of the same or substantially the same territory may be entertained for one year following the date of dismissal under
par. (f) of the petition or the date of any election at which incorporation was rejected by the electors.
66.0203(10)
(10) Existing ordinances. A county shoreland zoning ordinance enacted under
s. 59.692 that is in force in any part of the territory continues in force until altered under
s. 59.692 (7) (ad).
66.0203 Annotation
Sub. (5) does not empower a court to compel joinder. In re Incorporation of Town of Fitchburg,
98 Wis. 2d 635,
299 N.W.2d 199 (1980).
66.0203 Annotation
An incorporation petition's precedence over a competing annexation proceeding is discussed. Town of Delavan v. City of Delavan,
176 Wis. 2d 516,
500 N.W.2d 268 (1993).
66.0203 Annotation
Sub. (2) (e) prevents the signer of a petition from withdrawing his or her name. It does not prevent the circulator of the petition from striking invalid signatures. Sub. (2) (b) permits withdrawal of a signature before the petition is filed. Walag v. Town of Randall,
213 Wis. 2d 424,
570 N.W.2d 623 (Ct. App. 1997).
66.0203 Annotation
The effect of the requirement in sub. (2) (c) of a description with "sufficient accuracy" and a scale map "reasonably showing" the boundaries of the affected parcel is that the description and map, when viewed together, fairly apprise the public of the territory to be incorporated. Wirth v. City of Port Washington, 2001 WI App 277,
248 Wis. 2d 893,
637 N.W.2d 442.
66.0203 Annotation
The date a petition is "entertained" under sub. (9) (h) is the date the petition is filed with the circuit court. Town of Sheboygan v. City of Sheboygan, 2001 WI App 279,
248 Wis. 2d 904,
637 N.W.2d 770.
66.0205
66.0205
Standards to be applied by the circuit court. Before referring the incorporation petition as provided in
s. 66.0203 (2) to the department, the court shall determine whether the petition meets the formal and signature requirements and shall further find that the following minimum requirements are met:
66.0205(1)
(1) Isolated village. Area, one-half square mile; resident population, 150.
66.0205(2)
(2) Isolated city. Area, one square mile; resident population, 1,000; density, at least 500 persons in any one square mile.
66.0205(3)
(3) Metropolitan village. Area, 2 square miles; resident population, 2,500; density, at least 500 persons in any one square mile.
66.0205(4)
(4) Metropolitan city. Area, 3 square miles; resident population, 5,000; density, at least 750 persons in any one square mile.
66.0205(5)
(5) Standards when near 1st, 2nd or 3rd class city. If the proposed boundary of a metropolitan village or city is within 10 miles of the boundary of a 1st class city or 5 miles of a 2nd or 3rd class city, the minimum area requirements are 4 and 6 square miles for villages and cities, respectively.
66.0205 History
History: 1977 c. 29;
1999 a. 150 s.
37; Stats. 1999 s. 66.0205.
66.0205 Annotation
The 4 square mile requirement of sub. (5) was met when 4.2 square miles of village land were proposed for annexation, although 2.5 square miles of that land was within floodway lines. In re Petition of Township of Campbell,
78 Wis. 2d 246,
254 N.W.2d 241 (1977).
66.0207
66.0207
Standards to be applied by the department. 66.0207(1)(1) The department may approve for referendum only those proposed incorporations which meet the following requirements:
66.0207(1)(a)
(a)
Characteristics of territory. The entire territory of the proposed village or city shall be reasonably homogeneous and compact, taking into consideration natural boundaries, natural drainage basin, soil conditions, present and potential transportation facilities, previous political boundaries, boundaries of school districts, shopping and social customs. An isolated municipality shall have a reasonably developed community center, including some or all features such as retail stores, churches, post office, telecommunications exchange and similar centers of community activity.
66.0207(1)(b)
(b)
Territory beyond the core. The territory beyond the most densely populated one-half square mile specified in
s. 66.0205 (1) or the most densely populated square mile specified in
s. 66.0205 (2) shall have an average of more than 30 housing units per quarter section or an assessed value, as defined in
s. 66.0217 (1) (a) for real estate tax purposes, more than 25% of which is attributable to existing or potential mercantile, manufacturing or public utility uses. The territory beyond the most densely populated square mile as specified in
s. 66.0205 (3) or
(4) shall have the potential for residential or other urban land use development on a substantial scale within the next 3 years. The department may waive these requirements to the extent that water, terrain or geography prevents the development.
66.0207(2)
(2) In addition to complying with each of the applicable standards set forth in
sub. (1) and
s. 66.0205 in order to be approved for referendum, a proposed incorporation must be in the public interest as determined by the department upon consideration of the following:
66.0207(2)(a)
(a)
Tax revenue. The present and potential sources of tax revenue appear sufficient to defray the anticipated cost of governmental services at a local tax rate which compares favorably with the tax rate in a similar area for the same level of services.
66.0207(2)(b)
(b)
Level of services. The level of governmental services desired or needed by the residents of the territory compared to the level of services offered by the proposed village or city and the level available from a contiguous municipality which files a certified copy of a resolution as provided in
s. 66.0203 (6).
66.0207(2)(c)
(c)
Impact on the remainder of the town. The impact, financial and otherwise, upon the remainder of the town from which the territory is to be incorporated.
66.0207(2)(d)
(d)
Impact on the metropolitan community. The effect upon the future rendering of governmental services both inside the territory proposed for incorporation and elsewhere within the metropolitan community. There shall be an express finding that the proposed incorporation will not substantially hinder the solution of governmental problems affecting the metropolitan community.
66.0207 History
History: 1977 c. 29;
1983 a. 189 s.
329 (14);
1985 a. 297 s.
76;
1999 a. 150 s.
38; Stats. 1999 s. 66.0207.
66.0207 Annotation
The delegation of legislative power under sub. (2) (d) is constitutional. Westring v. James,
71 Wis. 2d 462,
238 N.W.2d 695 (1976).
66.0207 Annotation
Incorporation of a town in a metropolitan area is discussed. Pleasant Prairie v. Department of Local Affairs and Development,
113 Wis. 2d 327,
334 N.W.2d 893 (1983).
66.0207 Annotation
That the department approved annexations that helped create fragmented town borders did not render arbitrary and capricious the department's determination that the town's proposed incorporation did not meet the requirement of homogeneity and compactness. Incorporation of the Town of Pewaukee,
186 Wis. 2d 515,
521 N.W.2d 453 (Ct. App. 1994).
66.0207 Annotation
Whether incorporation would benefit the proposed village area is not the standard for allowing incorporation. An area must meet all the requirements of subs. (1) and (2). Walag v. DOA, 2001 WI App 217,
247 Wis. 2d 850,
634 N.W.2d 906.
