236.45(2)(a)1.
1. Transfers of interests in land by will or pursuant to court order;
236.45(2)(a)2.
2. Leases for a term not to exceed 10 years, mortgages or easements;
236.45(2)(a)3.
3. The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this chapter or other applicable laws or ordinances;
236.45(2)(b)
(b) This section and any ordinance adopted pursuant thereto shall be liberally construed in favor of the municipality, town or county and shall not be deemed a limitation or repeal of any requirement or power granted or appearing in this chapter or elsewhere, relating to the subdivision of lands.
236.45(3)
(3) Areas in which subdivision ordinances apply. An ordinance adopted hereunder by a municipality may regulate the division or subdivision of land within the extraterritorial plat approval jurisdiction of the municipality as well as land within the corporate limits of the municipality if it has the right to approve or object to plats within that area under
s. 236.10 (1) (b) 2. and
(2).
236.45(4)
(4) Procedure. Before adoption of a subdivision ordinance or any amendments thereto the governing body shall receive the recommendation of its planning agency and shall hold a public hearing thereon. Notice of the hearing shall be given by publication of a class 2 notice, under
ch. 985. Any ordinance adopted shall be published in form suitable for public distribution.
236.45(5)
(5) Regulation of federal surplus land. With respect to any surplus lands in excess of 500 acres in area, except the Bong air base in Kenosha County, sold in this state by the federal government for private development, the department, in accordance with the procedure specified in
ch. 227, may regulate the subdivision or other division of such federal surplus land in any of the ways and with the same powers authorized hereunder for municipalities, towns or counties. Before promulgating such rules, the department shall first receive the recommendations of any committee appointed for that purpose by the governor.
236.45 Cross-reference
Cross Reference: See also ch.
Trans 233, Wis. adm. code.
236.45 Annotation
This section authorizes towns to regulate minimum lot size. Town of Sun Prairie v. Storms,
110 Wis. 2d 58,
327 N.W.2d 642 (1983).
236.45 Annotation
Assessment of school and park land dedication fees as condition for rezoning and issuance of building permit was authorized. Black v. City of Waukesha,
125 Wis. 2d 254,
371 N.W.2d 389 (Ct. App. 1985).
236.45 Annotation
Authority under this section relates to the quality of land division and not to the use to which the lots in the subdivision may be put; use may only be controlled through zoning. Boucher Lincoln-Mercury v. Madison Plan Commission,
178 Wis. 2d 74,
503 N.W.2d 265 (Ct. App. 1993).
236.45 Annotation
This section does not prevent municipalities from adopting and enforcing more than one ordinance that relates to subdivisions. Manthe v. Town of Windsor,
204 Wis. 2d 546,
555 N.W.2d 156 (Ct. App. 1996).
236.45 Annotation
A city may not condition extraterritorial plat approval on annexation. Hoepker v. City of Madison Plan Commission,
209 Wis. 2d 633,
563 N.W.2d 145 (1997).
236.45 Annotation
It was not a violation of this section, s. 61.34, or the public purpose doctrine for a municipality to assume the dual role of subdivider of property it owned and reviewer of the plat under ch. 236. Town of Beloit v. Rock County, 2001 WI App 256,
249 Wis. 2d 88,
637 N.W.2d 71.
236.45 Annotation
A subdivision plat prepared in compliance with a local ordinance enacted under authority of s. 236.45 is not required by statutes to be submitted for state level review unless such land division results in a "subdivision" as defined in s. 236.02 (8) [now s. 236.02 (12)]. 59 Atty. Gen. 262.
236.45 Annotation
If subdivision regulations, adopted under s. 236.45, conflict, a plat must comply with the most restrictive requirement. 61 Atty. Gen. 289.
236.45 Annotation
Application of municipal and county subdivision control ordinances within the municipality's extraterritorial plat approval jurisdiction is discussed. 66 Atty. Gen. 103.
236.46(1)(a)(a) The county planning agency may prepare plans, in such units as it may determine, for the future platting of lands within the county, but without the limits of any municipality, or for the future location of streets or highways or parkways, and the extension or widening of existing streets and highways. Before completion of these plans, the county planning agency shall fix the time and place it will hear all persons who desire to be heard upon the proposed plans, and shall give notice of that hearing as required below for the passage of the ordinance by the county board. After these hearings the county planning agency shall certify the plans to the county board, who may, after having submitted the same to the town boards of the several towns in which the lands are located and obtained the approval of the town boards, adopt by ordinance the proposed plans for future platting or for street or highway or parkway location in towns which may have approved the same, and upon approval of those towns may amend the ordinance. Before the ordinance or any amendments to the ordinance are adopted by the county board, notice shall be given by publication of a class 2 notice, under
ch. 985, of a hearing at which all persons interested shall be given an opportunity to be heard at a time and place to be specified in the notice. The ordinance with any amendments as may be made shall govern the platting of all lands within the area to which it applies.
236.46(1)(b)
(b) In counties having a population of less than 500,000 any plan adopted under this section does not apply in the extraterritorial plat approval jurisdiction of any municipality unless that municipality by ordinance approves the same. This approval may be rescinded by ordinance.
236.46(2)
(2) A plan adopted under this section may be any of the following:
236.46(2)(a)
(a) A system of arterial thoroughfares complete for each town.
236.46(2)(b)
(b) A system of minor streets for the complete area surrounded by any such main arterial thoroughfares and connecting therewith.
236.46(2)(c)
(c) The platting of lots for any area surrounded completely by any such arterial thoroughfares or any such minor streets or both.
236.46(3)
(3) Such system of arterial thoroughfares and such system of minor streets within such system of arterial thoroughfares and such platting of lots within any such system of minor streets may be adopted by the same proceeding. For the purpose of this section a parkway may be considered either an arterial thoroughfare or a minor street if it performs the function of an arterial thoroughfare or minor street. A natural obstacle like a lake or river or an artificial obstacle like a railroad or town line may, where necessary, be the boundary of a plan adopted under this section instead of a street or highway or parkway.
236.46 History
History: 1979 c. 248.
GENERAL PROVISIONS
236.50
236.50
Date chapter applies; curative provisions as to plats before that date. 236.50(1)(a)(a) This chapter shall take effect upon July 1, 1956, but any plat recorded prior to December 31, 1956, may be approved and recorded in accordance with this chapter or ch.
236, 1953 stats. This chapter shall not require that any subdivision made prior to July 1, 1956, which was platted under the laws in force at that time or which did not constitute a subdivision under the laws in force at that time, be platted and the plat approved and recorded as provided in this chapter.
236.50(1)(b)
(b) This chapter shall not require the preparation and recording of a plat of any subdivision which has been staked out and in which sales or contracts of sales have actually been made prior to June 28, 1935, and nothing herein contained shall require the recording of a plat showing property sold or contracted for sale by metes and bounds or by reference to an unrecorded plat prior to June 28, 1935, as a condition precedent to the sale or contract of sale of the whole or part thereof.
236.50(2)
(2) No plat which was recorded in the office of any register of deeds prior to July 1, 1956, shall be held invalid by reason of noncompliance with any statute regulating the platting of lands, in force at the time of such recording. Any unaccepted offer of donation or dedication of land attempted to be made in any such plat shall be as effectual as though all statutory requirements had been complied with unless an action to set aside such offer of donation or dedication is commenced prior to July 1, 1958.
