560.725(2)
(2) Subject to
s. 560.735 (5), the department may reduce the size of an area nominated as a development zone, if the department determines the boundaries as proposed by the local governing body in an application under
s. 560.72 (2) or
(3) are inconsistent with the purpose of the development zone program. Any nominated area which is reduced under this subsection need not comply with
s. 560.735 (1) and
(4).
560.725(3)
(3) After evaluating an application submitted under
s. 560.72 (2) or
(3), the department may approve the application, subject to any reduction in the size of the nominated area under
sub. (2). If the department approves the application, the department shall designate the area as a development zone, subject to
s. 560.71, and notify the local governing body.
560.735
560.735
Boundaries and size of development zones. 560.735(1)(1) An area that is located within a metropolitan statistical area may not be nominated or designated as a development zone unless all of the following apply:
560.735(1)(a)
(a) The area contains less than 10% of the valuation of the property of the city, village or town, as determined under
s. 70.57, in which the area is located.
560.735(1)(b)
(b) If the area is located within a 1st class city, the population of the area as estimated under
s. 16.96 is not less than 4,000 and not more than 10% of the city's population, as estimated under
s. 16.96.
560.735(1)(c)
(c) If the area is located within a village, town or city other than a 1st class city, the population of the area is not less than 1,000 nor more than 10,000, as estimated under
s. 16.96.
560.735(2)
(2) If an area is located within the boundaries of 2 or more cities, villages or towns, the property value of the cities, villages or towns under
sub. (1) (a) shall be combined for the purposes of
sub. (1).
560.735(4)
(4) An area that is located within the boundaries of an Indian reservation may not be nominated or designated as a development zone unless the population of the area, as estimated under
s. 16.96, is less than or equals 5,000.
560.735(5)
(5) Except as provided in
sub. (6), an area may not be nominated or designated a development zone unless all of the following apply:
560.735(5)(a)
(a) The area has a continuous border following natural or man-made boundaries such as streets, highways, rivers, municipal limits or limits of a reservation.
560.735(5)(b)
(b) The area consists of contiguous blocks, census blocks or similar units.
560.735(6)(a)(a) Except as provided in
pars. (b) and
(c), 2 separate areas may be nominated or designated as one development zone, if all of the following apply:
560.735(6)(a)1.
1. Each of the areas has a continuous border following natural or man-made boundaries and consists of contiguous blocks, census blocks or similar units.
560.735(6)(b)
(b) Except as provided in
par. (c), in a 1st class city, up to 8 separate areas may be nominated or designated as one development zone, if
par. (a) 1. to
3. applies.
560.735(6)(c)
(c) If an application is submitted by the governing body of a county under
s. 560.72 (2) or
(3), up to 4 separate areas may be nominated or designated as one development zone, if
par. (a) 1. to
3. applies.
560.735(6m)
(6m) An area that is comprised of entire counties may be nominated or designated as one development zone only if the population of the entire area does not exceed 75,000.
560.735(6r)
(6r) Subject to the population limit under
sub. (6m), if an area that is nominated or designated as a development zone is comprised of one or more entire counties and a city, village or town is partially located in the area and partially located outside of the area, the entire city, village or town shall be part of the nominated or designated area.
560.735(7)
(7) The department may waive the requirements of this section in a particular case, if the department determines that application of the requirement is impractical with respect to a particular development zone.
560.737
560.737
Business incubators. Notwithstanding
s. 560.735 (5) and
(6), the department may designate the premises of a business incubator located near a development zone as part of the development zone, if all of the following apply:
560.737(1)
(1) At least 50% of the small businesses housed in the small business incubator have received or participated in any of the following:
560.737(1)(a)
(a) Federal targeted jobs tax credits under section
51 of the internal revenue code.
560.737(1)(c)
(c) Any other program, similar to the program described in
sub. (2), established to increase the employment opportunities of disadvantaged individuals.
560.737(2)
(2) The business incubator has housed businesses described in
sub. (1) for at least 6 months before the designation of the development zone under
s. 560.71.
560.737(3)
(3) The business incubator's facility is located within 5 miles of the boundary of the development zone or proposed development zone.
560.737(4)
(4) No premises of a business incubator may be designated as part of a development zone under this section after March 6, 2009.
560.737 History
History: 1989 a. 31;
1999 a. 9;
2009 a. 2.
560.74
560.74
Change in boundary and size of development zones. 560.74(1)(1) Except as provided under
sub. (6), at any time after a development zone is designated by the department, a local governing body may submit an application to change the boundaries of the development zone. If the boundary change reduces the size of a development zone, the local governing body shall explain why the area excluded should no longer be in a development zone. The department may require the local governing body to submit additional information.
560.74(2)
(2) The department may approve an application for a boundary change if the development zone, as affected by the boundary changes, meets the applicable requirements of
s. 560.735 and 3 of the criteria under
s. 560.71 (1) (e) 4.
560.74(3)
(3) If the department approves an application for a boundary change under
sub. (2), it shall do all of the following:
560.74(3)(b)
(b) Notify the local governing body which submitted the application of the change in the boundary or tax benefits limit of the development zone.
560.74(4)
(4) The change in the boundaries or tax benefits limit of a development zone shall be effective on the day the department notifies the local governing body under
sub. (3) (b).
560.74(5)
(5) No change in the boundaries of a development zone may affect the duration of an area as a development zone under
s. 560.745 (1) (a). The department may consider a change in the boundary of a development zone when evaluating an application for an extension of the designation of an area as a development zone under
s. 560.745 (1) (b).
560.74(6)
(6) The department may not accept any applications under
sub. (1) to change the boundaries of a development zone designated under
s. 560.71 on or after March 6, 2009.
560.745
560.745
Duration, renewal and expiration. 560.745(1)(a)(a) The designation of an area as a development zone shall be effective for 240 months, beginning on the day the department notifies the local governing body under
s. 560.725 (3) of the designation.
560.745(1)(b)
(b) The local governing body may apply to the department for one 60-month extension of the designation. The department shall promulgate rules establishing criteria for approving an extension of a designation of an area as a development zone under this subsection. No applications may be accepted by the department under this paragraph on or after March 6, 2009.
560.745(1)(c)
(c) Paragraphs (a) and
(b) apply to designations of areas as development zones that are in effect on June 2, 2000, or that are made on or after June 2, 2000.
560.745(2)(a)(a) When the department designates a development zone under
s. 560.71, it shall establish a limit for tax benefits for the development zone determined by allocating to the development zone a portion of $38,155,000.
560.745(2)(am)
(am) Notwithstanding
par. (a), the department may increase the established limit for tax benefits for a development zone. The department may not increase the limit for tax benefits established for any development zone designated under
s. 560.71 on or after March 6, 2009.
560.745(2)(b)
(b) Annually the department shall estimate the amount of forgone state revenue because of tax benefits claimed by persons in each development zone.
560.745(2)(c)
(c) Notwithstanding
sub. (1), the designation of an area as a development zone shall expire on the earlier of the following:
560.745(2)(c)1.
1. Ninety days after the day on which the department determines that the forgone tax revenues under
par. (b) will equal or exceed the limit for the development zone established under
par. (a) or
(am).
560.745(2)(c)2.
2. The day that the department withdraws its designation of an area as a development zone under
sub. (3).
560.745(2)(d)
(d) The department shall immediately notify the local governing body of a change in the expiration date of the development zone under
par. (c).
560.745(3)
(3) The department may withdraw the designation of an area as a development zone if any of the following apply:
560.745(3)(a)
(a) No person is certified as eligible to receive tax benefits under
s. 560.765 (3) during the 12-month period beginning on the day the area is designated as a development zone and the department determines that the local governing body that nominated the zone is not in compliance with
s. 560.763.
560.745(3)(b)
(b) No person is certified as eligible to receive tax benefits under
s. 560.765 (3) during the 24-month period beginning on the day the area is designated a development zone.
560.75
560.75
Additional duties of the department. The department shall do all of the following:
560.75(1)
(1) Monitor and evaluate the implementation of the development zone program.
560.75(2)
(2) Apply to the federal government for assistance for the development zone program.
560.75(4)
(4) Help eligible persons apply for and obtain tax benefits.
560.75(5)
(5) Help local governing bodies prepare applications for development zones.
560.75(6)
(6) Notify University of Wisconsin small business development centers, the Wisconsin housing and development centers, the central administration of all University of Wisconsin campuses and regional planning commissions about the development zone program and encourage those entities to provide advice to the department or local governing bodies on ways to improve the development zone program.
560.75(10)
(10) Enter into an agreement with the local governing body of a 1st class city where a development zone is designated under
s. 560.71 (3) (c) 1. to provide efficient administration of the development zone program within the development zone.
560.763
560.763
Duties of local governing bodies. 560.763(1)
(1) If an area nominated by a local governing body is designated as a development zone under
s. 560.71, the local governing body shall do all of the following:
560.763(1)(b)
(b) Promote economic development within the development zone.
560.763(1)(c)
(c) Assist the department in the administration of the development zone program.
560.763(4)
(4) The local governing body of a 1st class city where a development zone is designated under
s. 560.71 (3) (c) 1. shall enter into an agreement with the department to provide efficient administration of the development zone program within the development zone.
560.763 History
History: 1987 a. 328;
1995 a. 209.
560.765
560.765
Certification for tax benefits. The department shall do all of the following:
560.765(1)
(1) Evaluate the likelihood that a person applying for tax benefits engages or will engage in economic activity consistent with the development zone application.
560.765(2)
(2) Determine whether a person applying for tax benefits engages or will engage in economic activity which violates
s. 560.78 (1).
560.765(3)
(3) Subject to
s. 560.78, certify persons who are eligible to claim tax benefits while an area is designated as a development zone, according to the following criteria:
560.765(3)(a)
(a) The likelihood that the person will continue to conduct economic activity in the area following expiration of the designation of the area as a development zone.
560.765(3)(bm)
(bm) The person's commitment to use techniques or processes that reduce or eliminate the use of ozone-depleting substances that are listed as class I substances under
42 USC 7671a.
560.765(3)(c)
(c) The number of full-time jobs that will be created, retained or substantially upgraded as a result of the person's economic activity in relation to the amount of tax benefits estimated for the person under
sub. (4).
560.765(3)(d)
(d) The person's plans to make reasonable attempts to hire employees from the targeted population.
560.765(3)(e)
(e) The amount the person proposes to invest in a business, or spend on the construction, rehabilitation, repair or remodeling of a building, located within the development zone.
560.765(3)(f)
(f) The likelihood that the person's economic activity will attract other forms of economic activity to the development zone.
560.765(3)(g)
(g) Whether the person's proposed economic activity is consistent with the development zone application.
