236.13(5)
(5) Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom as provided in
s. 62.23 (7) (e) 10.,
14. and
15., within 30 days of notification of the rejection of the plat. For the purpose of such appeal the term "board of appeals" means an "approving authority". Where the failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved if it finds that the action of the approving authority or objecting agency is arbitrary, unreasonable or discriminatory.
236.13(6)
(6) An outlot may not be used as a building site unless it is in compliance with restrictions imposed by or under this section with respect to building sites. An outlot may be conveyed regardless of whether it may be used as a building site.
236.13 Annotation
Local units of government may not reject a proposed plat under this section unless the plat conflicts with an existing statutory requirement or an existing written ordinance, master plan, official map, or rule under sub. (1). State ex rel. Columbia Corporation v. Town of Pacific,
92 Wis. 2d 767,
286 N.W.2d 130 (Ct. App. 1979).
236.13 Annotation
Under sub. (2) (a), authority to condition plat approval on public improvements is granted solely to the governing body of the municipality in which the subdivision is located. Rice v. City of Oshkosh,
148 Wis. 2d 78,
435 N.W.2d 252 (1989).
236.13 Annotation
Municipalities have no authority to impose conditions upon a subdivision that extend beyond the municipality's borders. Pedersen v. Town of Windsor,
191 Wis. 2d 664,
530 N.W.2d 427 (Ct. App. 1995).
236.13 Annotation
Sub. (2) (a) does not grant a municipality the power to establish public improvement requirements without an ordinance. Pedersen v. Town of Windsor,
191 Wis. 2d 664,
530 N.W.2d 427 (Ct. App. 1995).
236.13 Annotation
Sub. (1) (d) does not prevent municipalities from enacting more restrictive sewer regulations than the rules cited in that paragraph. Manthe v. Town of Windsor,
204 Wis. 2d 546,
555 N.W.2d 156 (Ct. App. 1996),
95-1312.
236.13 Annotation
So long as any issues addressed in both a master plan and an official map are not contradictory, for purposes of sub. (1) (c), the master plan is consistent with the official map. A master plan is not inconsistent with an official map if the plan contains elements the map does not. Lake City Corp. v. City of Mequon,
207 Wis. 2d 155,
558 N.W.2d 100 (1997),
94-3240.
236.13 Annotation
In the area of minimum lot size regulation, the power of a plan commission authorized to review plats is not limited or detracted by zoning regulations. Lake City Corp. v. City of Mequon,
207 Wis. 2d 156,
558 N.W.2d 100 (1997),
94-3240.
236.13 Annotation
As sub. (5) does not expressly designate the "appealing authority" to whom appeal papers should be directed, the appellant's service of an appeal on the county planning and development department rather than on the planning and development committee, which had made the disputed decision, was not grounds for dismissal when there had been pervasive use of department personnel and stationery in the process. Weber v. Dodge County Planning and Development Dept.
231 Wis. 2d 222,
604 N.W.2d 297 (Ct. App. 1999),
99-1116.
236.13 Annotation
Sub. (2) (a) does not restrict a town's authority to impose public improvements as conditions for plat approval during a contested annexation. When a town is legally contesting the annexation s. 236.10 (1) (a) requires both the annexing municipality and the town from which the area has been annexed to approve a final plat in accordance with s. 236.12. KW Holdings, LLC v. Town of Windsor,
2003 WI App 9,
259 Wis. 2d 357,
656 N.W.2d 752,
02-0706.
236.13 Annotation
Chapter 236 does not authorize the transportation department to regulate land divisions that are not subdivisions within the meaning of s. 236.02 (12). Wisconsin Builders Association v. DOT,
2005 WI App 160,
285 Wis. 2d 472,
702 N.W.2d 433,
04-2388.
236.13 Annotation
A city's extraterritorial plat condition that allowed lots of less than 20 acres only when attached to the public sanitary sewer system had the effect of requiring a public sanitary sewer system for lot sizes smaller than 20 acres, violating the ruling of
Rice that authority to condition plat approval on public improvements is granted solely to the governing body of the municipality in which the subdivision is located
. Town of Delton v. City of Baraboo,
2007 WI App 120,
301 Wis. 2d 720,
731 N.W.2d 308,
06-1288.
LAYOUT REQUIREMENTS
236.15
236.15
Surveying requirements. For every subdivision of land there shall be a survey meeting the following requirements:
236.15(1)(ac)(ac) All of the monuments required in
pars. (ag) to
(h) shall be placed flush with the ground if practicable. Whenever placement of a monument under this subsection is required at a corner or point that falls within a street or proposed future street, the monument shall be placed in the side line of the street if practicable.
236.15(1)(ag)
(ag) The external boundaries of a subdivision shall be monumented in the field by monuments of concrete containing a ferrous rod one-fourth inch in diameter or greater imbedded its full length, not less than 18 inches in length, not less than 4 inches square or 5 inches in diameter, and marked on the top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least 18 inches long and 2 inches in diameter weighing not less than 3.65 pounds per lineal foot. Solid round or square iron bars of equal or greater length or weight per foot may be used in lieu of pipes wherever pipes are specified in this section. These monuments shall be placed at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line and at all angle points along the meander line, said points to be not less than 20 feet back from the determined or approximated ordinary high water mark.
236.15(1)(b)
(b) All internal boundaries and those corners and points not required to be marked by
par. (ag) shall be monumented in the field by like monuments as defined in
par. (ag). These monuments shall be placed at all block corners, at each end of all curves, at the point where a curve changes its radius, and at all angle points in any line.
236.15(1)(c)
(c) All lot, outlot, park and public access corners and the corners of land dedicated to the public shall be monumented in the field by iron pipes at least 18 inches long and one inch in diameter, weighing not less than 1.13 pounds per lineal foot, or by round or square iron bars at least 18 inches long and weighing not less than 1.13 pounds per lineal foot.
236.15(1)(d)
(d) The lines of lots, outlots, parks and public access and land dedicated to the public that extend to lakes or to navigable streams shall be monumented in the field by iron pipes at least 18 inches long and one inch in diameter weighing not less than 1.13 pounds per lineal foot, or by round or square iron bars at least 18 inches long and weighing not less than 1.13 pounds per lineal foot. These monuments shall be placed at the point of intersection of the lake or navigable stream lot line with a meander line established not less than 20 feet back from the determined or approximated ordinary high water mark.
236.15(1)(f)
(f) Any durable metal or concrete monuments may be used in lieu of iron pipes provided that they are uniform within the platted area and have a permanent magnet embedded near the top or bottom or both.
236.15(1)(g)
(g) In cases where strict compliance with this subsection would be unduly difficult or would not provide adequate monuments, the department may make other reasonable requirements.
236.15(1)(h)
(h) The governing body of the city, village or town which is required to approve the subdivision under
s. 236.10 may waive the placing of monuments under
pars. (b),
(c) and
(d) for a reasonable time on condition that the subdivider executes a surety bond to ensure that he or she will place the monuments within the time required.
236.15(2)
(2) Accuracy of survey. The survey shall be performed by a professional land surveyor and if the error in the latitude and departure closure of the survey or any part thereof is greater than the ratio of one in 3,000, the plat may be rejected.
236.15 Annotation
All permanent survey monuments required by sub. (1) (a), (b), (c), and (d) must be placed in the field prior to submission of a final subdivision plat for state level review; provided, however, that in the event of a waiver under sub. (1) (h), the placement of all permanent monuments other than those required by sub. (1) (a) may be temporarily deferred. 59 Atty. Gen. 262.
236.16
236.16
Layout requirements. 236.16(1)(1)
Minimum lot width and area. In counties having a population of 40,000 or more, each lot in a residential area shall have a minimum average width of 50 feet and a minimum area of 6,000 square feet; in counties of less than 40,000, each lot in a residential area shall have a minimum average width of 60 feet and a minimum area of 7,200 square feet. In municipalities, towns and counties adopting subdivision control ordinances under
s. 236.45, minimum lot width and area may be reduced to dimensions authorized under such ordinances if the lots are served by public sewers.
236.16(2)
(2) Minimum street width. All streets shall be of the width specified on the master plan or official map or of a width at least as great as that of the existing streets if there is no master plan or official map, but no full street shall be less than 60 feet wide unless otherwise permitted by local ordinance. Widths of town roads platted after January 1, 1966, shall, however, comply with minimum standards for town roads prescribed by
s. 82.50. Streets or frontage roads auxiliary to and located on the side of a full street for service to the abutting property may not after January 1, 1966, be less than 49.5 feet wide.
236.16(3)
(3) Lake and navigable stream shore plats; public access. 236.16(3)(a)(a) All subdivisions abutting on a lake or a navigable stream shall provide public access at least 60 feet wide providing access to the water's edge so that there will be public access, which is connected to existing public roads, at not more than one-half mile intervals as measured along the lake or the navigable stream shore except where greater intervals and wider access is agreed upon by the department of natural resources and the department, and excluding shore areas where public parks or open-space streets or roads on either side of the navigable stream are provided.
236.16(3)(b)
(b) No public access established under this chapter may be vacated except by circuit court action as provided in
s. 236.43, except that such public access may be discontinued under
s. 66.1003, subject to
s. 66.1006.
236.16(3)(c)
(c) Except as provided in
par. (d), this subsection does not require any local unit of government to improve land provided for public access.
236.16(3)(d)
(d) All of the owners of all of the land adjacent to a public access established under
par. (a) to an inland lake, as defined in
s. 30.92 (1) (bk), may petition the city, village, town or county that owns the public access to construct shoreline erosion control measures. Subject to
par. (e), the city, village, town or county shall construct the requested shoreline erosion control measures or request the department of natural resources to determine the need for shoreline erosion control measures. Upon receipt of a request under this paragraph from a city, village, town or county, the department of natural resources shall follow the notice and hearing procedures in
s. 30.208 (3) to
(5). Subject to
par. (e), the city, village, town or county shall construct shoreline erosion control measures as required by the department of natural resources if the department of natural resources determines all of the following:
236.16(3)(d)1.
1. Erosion is evident along the shoreline in the vicinity of the public access.
236.16(3)(d)2.
2. The shoreline erosion control measures proposed by the owners of the property adjacent to the public access are designed according to accepted engineering practices.
236.16(3)(d)3.
3. Sufficient property owners, in addition to the owners of all property adjacent to the public access, have agreed to construct shoreline erosion control measures so that the shoreline erosion control project is likely to be effective in controlling erosion at the location of the public access and its vicinity.
236.16(3)(d)4.
4. The shoreline erosion control project is not likely to be effective in controlling erosion at the location of the public access and its vicinity if the city, village, town or county does not construct shoreline erosion control measures on the land provided for public access.
236.16(3)(e)
(e) A city, village, town or county may not be required to construct shoreline erosion control measures under
par. (d) on land other than land provided for public access.
236.16(3)(f)
(f) Paragraphs (b) to
(e) apply to public access that exists on, or that is established after, May 7, 1998.
236.16(4)
(4) Lake and navigable stream shore plats; land between meander line and water's edge. The lands lying between the meander line, established in accordance with
s. 236.20 (2) (g), and the water's edge, and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or a navigable stream. This subsection applies not only to lands proposed to be subdivided but also to all lands under option to the subdivider or in which the subdivider holds any interest and which are contiguous to the lands proposed to be subdivided and which abut a lake or a navigable stream.
236.16 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
236.16 Cross-reference
Cross-reference: See also ss.
NR 1.91 and
1.93, Wis. adm. code.
236.16 Annotation
When a strip of land was labeled on a plat "Public Access" that abutted a lake and connected to a public highway, the plat substantially met the statutory requirement of a "clear dedication to the public." While the dedication did not contain the exact formula found in s. 236.20 (4), under
Hunt,
19 Wis. 2d 113, that is not necessary. Vande Zande v. Town of Marquette,
2008 WI App 144,
314 Wis. 2d 143,
758 N.W.2d 187,
07-2354.
236.16 Annotation
The circumstances under which the statutory platting standards set forth in subs. (1), (2), and (3) and 236.20 (4) (d) may be waived or varied, with specific reference to the approval of island subdivision plats, are discussed. 62 Atty. Gen. 315.
236.16 Annotation
Each of 2 adjacent platted lots may not be divided for the purpose of sale or building development if the division will result in lots or parcels that do not comply with minimum lot width and area requirements established under sub. (1). Section 236.335 clearly limits the division of a lot in a recorded plat if the resulting lots or parcels do not conform to this chapter. 63 Atty. Gen. 122.
236.16 Annotation
Sub. (3) does not apply to a navigable lake created by artificially enlarging a previously nonnavigable watercourse. 64 Atty. Gen. 146.
236.16 Annotation
The extent to which local governments may vary the terms of ss. 236.16 (1) and (2) and 236.20 (4) (d) by ordinance is discussed. 64 Atty. Gen. 175.
236.16 Annotation
Sub. (4) aims at preventing subdividers from creating narrow, unplatted buffer zones between platted lands and water's edge, thus avoiding public access requirements. 66 Atty. Gen. 85.
236.18
236.18
Wisconsin coordinate system. 236.18(1)(a)(a) No plat that is referenced to a Wisconsin coordinate system under
sub. (2) may be recorded unless it is based on a datum that the approving authority under
s. 236.10 of the jurisdiction in which the land is located has selected by ordinance.
236.18(1)(b)
(b) An approving authority under
s. 236.10 may select a Wisconsin coordinate system under
sub. (2). If it does so, it shall notify the department, on a form provided by the department, of the selection.
236.18(1)(c)
(c) An approving authority may, by ordinance, select a different Wisconsin coordinate system under
sub. (2) than the one previously selected under
par. (b). If it does so, the approving authority shall notify the department on a form provided by the department.
236.18(2)
(2) Allowable systems. An approving authority under
s. 236.10 may select any one of the following systems:
236.18(2)(a)
(a) The Wisconsin coordinate system of 1927, which is based on the North American datum of 1927.
236.18(2)(b)
(b) The Wisconsin coordinate system of 1983 (1986), which is based on the North American datum of 1983 (adjustment of 1986).
236.18(2)(c)
(c) The Wisconsin coordinate system of 1983 (1991), which is based on the North American datum of 1983 (adjustment of 1991).
236.18(2)(d)
(d) A county coordinate system as approved by the department of transportation or a coordinate system that is mathematically relatable to a Wisconsin coordinate system.
236.18(3)
(3) Zones. Each of the systems under
sub. (2) includes the following zones:
236.18(3)(a)
(a) A north zone composed of the following counties: Ashland, Bayfield, Burnett, Douglas, Florence, Forest, Iron, Oneida, Price, Sawyer, Vilas and Washburn.
236.18(3)(b)
(b) A central zone composed of the following counties: Barron, Brown, Buffalo, Chippewa, Clark, Door, Dunn, Eau Claire, Jackson, Kewaunee, Langlade, Lincoln, Marathon, Marinette, Menominee, Oconto, Outagamie, Pepin, Pierce, Polk, Portage, Rusk, St. Croix, Shawano, Taylor, Trempealeau, Waupaca and Wood.
236.18(3)(c)
(c) A south zone composed of the following counties: Adams, Calumet, Columbia, Crawford, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, La Crosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Vernon, Walworth, Washington, Waukesha, Waushara and Winnebago.
236.18(4)
(4) Applicable definitions and survey connections. 236.18(4)(a)(a) The following definitions apply to the systems under
sub. (2):
236.18(4)(a)1.
1. For the Wisconsin coordinate system of 1927, the definitions provided by the national geodetic survey in U.S. coastal and geodetic survey special publication 235 (1974 edition).
236.18(4)(a)2.
2. For the Wisconsin coordinate system of 1983 (1986) and the Wisconsin coordinate system of 1983 (1991), the definitions provided by the national geodetic survey in the national oceanic and atmospheric administration manual national ocean service, national geodetic survey 5 (1989 edition).
236.18(4)(b)
(b) Existing positions of the systems under
sub. (2) that are marked on the ground by monuments established in conformity with standards adopted by the national geodetic survey for 3rd-order work and above and the geodetic positions of which have been rigidly adjusted on the North American datum of 1927, the North American datum of 1983 (adjustment of 1986), the North American datum of 1983 (adjustment of 1991) or any later adjustment of the North American datum of 1983 may be used to establish a survey connection to the systems under
sub. (2).
236.18(5)
(5) Overlapping land. If portions of any tract of land that is to be defined by one description in a plat are in different zones under
sub. (3), the positions of all of the points on its boundaries may be referred to either of the zones but the zone to which those positions are referred and the system under
sub. (2) that is used shall be named in the description and noted on the face of all maps and plats of the land.
236.18(6)(a)(a) The plane coordinates of a point that are to be used to express the position or location of a point shall consist of 2 distances that are expressed in U.S. survey feet or meters and decimals of those feet or meters. The definitions of survey foot and meter in letter circular 1071 July 1976 national institute of standards and technology shall be used for conversion between feet and meters.
236.18(6)(b)
(b) For the Wisconsin coordinate system of 1927, the distances under
par. (a) are the x-coordinate, which shall give the position in an east-and-west direction, and the y-coordinate, which shall give the position in a north-and-south direction.
236.18(6)(c)
(c) For the Wisconsin coordinate system of 1983 (1986) and the Wisconsin coordinate system of 1983 (1991), the distances are the northing, which shall give the position in a north-and-south direction and the easting, which shall give the position in an east-and-west direction.
236.18(6)(d)
(d) Coordinates in all of the systems under
sub. (2) shall depend upon and conform to the plane rectangular coordinate values for the monumented points of the national geodetic reference system horizontal control network that are published by the national geodetic survey or by that agency's successor if those values have been computed on the basis of a system under
sub. (2).
236.18(7)
(7) Use of term restricted. No person may use the term "Wisconsin coordinate system" on any map, report of a survey or other document unless the coordinates on the document are based on a system under
sub. (2).
236.18(8)
(8) Designation. Any person who prepares a plat under this section shall designate on that plat which of the systems under
sub. (2) and which of the zones under
sub. (3) that person has referenced.
236.18(9)
(9) Multiple descriptions. If a document describes a tract of land by means of the coordinates of a system under
sub. (2) and by means of a reference to a subdivision, line or corner of the U.S. public land surveys, the description by means of coordinates supplements and is subordinate to the other description.
236.18(10)
(10) Right of lenders and purchasers. A lender or purchaser may require a borrower or seller to provide the description required under
s. 236.20.
FINAL PLAT AND DATA
236.20
236.20
Final plat. A final plat of subdivided land shall comply with all of the following requirements:
236.20(1)
(1) General requirements. All plats shall be legibly prepared and meet all of the following requirements:
236.20(1)(a)
(a) The plat shall have a one-inch margin on all sides. A graphic scale of not more than 100 feet to one inch shall be shown on each sheet showing layout features. When more than one sheet is used for any plat, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the plat and showing the relation of that sheet to the other sheets and each sheet shall bear the subdivision and county name.
236.20(1)(c)
(c) For processing under
s. 236.12 (2), the original copy of the final plat shall be 22 inches wide by 30 inches long and on any material that is capable of clearly legible reproduction.
