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.
236.20(2)
(2) Map and engineering information. The final plat shall show correctly on its face all of the following:
236.20(2)(a)
(a) The exterior boundaries of the land surveyed and divided.
236.20(2)(b)
(b) All monuments erected, corners, and other points established in the field in their proper places. The material of which the monuments, corners, or other points are made shall be noted at the representation thereof or by legend, except lot, outlot, and meander corners need not be shown. The legend for metal monuments shall indicate the kind of metal, the outside diameter, length, and weight per lineal foot of the monuments.
236.20(2)(c)
(c) The length and bearing of the exterior boundaries, the boundary lines of all blocks, public grounds, streets, and alleys, and all lot lines, except that when the lines in any tier of lots are parallel it shall be sufficient to mark the bearings of the outer lines on one tier. Easements not parallel to a boundary or lot line shall be shown by center line distance, bearing, and width or by easement boundary bearings and distances. Where easement lines are parallel to boundary or lot lines, the boundary or lot line distances and bearings are controlling. Where the exterior boundary lines show bearings or lengths that vary from those recorded in abutting plats or certified surveys there shall be the following note placed along the lines, “recorded as (show recorded bearing or length or both)."
236.20(2)(d)
(d) Blocks, if designated, shall be consecutively numbered, or lettered in alphabetical order. The blocks in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively through the several additions.
236.20(2)(e)
(e) All lots and outlots in each block consecutively numbered within blocks and the subdivision and throughout numbered additions to the subdivision.
236.20(2)(f)
(f) The exact width of all easements, streets and alleys.
236.20(2)(g)
(g) All shore meander lines for all lakes or navigable streams that are established by the professional land surveyor in accordance with
s. 236.15 (1) (d), the distances and bearings thereof, and the distance between the point of intersection of such meander lines with lot lines and the determined or approximated ordinary high water mark.
236.20(2)(i)
(i) A north point properly located thereon identified as referenced to a magnetic, true or other identifiable direction and related to a boundary line of a quarter section, recorded private claim or federal reservation in which the subdivision is located.
236.20(2)(j)
(j) The area in square feet of each lot and outlot.
236.20(2)(k)
(k) When a street is on a circular curve, the main chords of the right-of-way lines shall be drawn as dotted or dashed lines in their proper places. All curved lines shall show, either on the lines or in an adjoining table, the radius of the circle, the central angle subtended, the chord bearing, the chord length, and the arc length for each segment. The tangent bearing shall be shown for each end of the main chord for all nontangent circular lines. When a circular curve of 30-foot radius or less is used to round off the intersection between 2 straight lines, it shall be tangent to both straight lines. It is sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to the point of intersection of the straight lines.
236.20(2)(L)
(L) When strict compliance with a provision of this section will entail undue or unnecessary difficulty or tend to render the plat or certified survey map more difficult to read, and when the information on the plat or certified survey map is sufficient for the exact retracement of the measurements and bearings or other necessary dimensions, the department or, in 1st class cities, the city engineer may waive such strict compliance.
236.20(3)
(3) Name, location and position. The name of the plat shall be printed thereon in prominent letters, and shall not be a duplicate of the name of any plat previously recorded in the same county or municipality. All of the following information relating to the position and location of the subdivision shall be shown on the plat:
236.20(3)(a)
(a) The location of the subdivision by government lot, recorded private claim, quarter-quarter section, section, township, range, and county noted immediately under the name given to the subdivision.
236.20(3)(b)
(b) The location of the subdivision shall be indicated by bearing and distance from a boundary line of a government lot monumented in the original survey or resurvey of Wisconsin, quarter section, recorded private claim, or federal reservation in which the subdivision is located. The monumentation at the ends of the boundary line shall be described and the bearing and distance between them shown.
236.20(3)(c)
(c) A small drawing of the section or governmental subdivision of the section in which the subdivision lies with the location of the subdivision indicated thereon or, if approved by the department, a location sketch showing the relationship of the subdivision to existing streets. The drawing or sketch shall be oriented on the sheet in the same direction as the main drawing.
236.20(3)(d)
(d) The names of adjoining streets, state highways and subdivisions shown in their proper location underscored by a dotted or dashed line.
236.20(3)(e)
(e) Abutting street and state highway lines of adjoining plats shown in their proper location by dotted or dashed lines. The width of these streets and highways shall be given also.
236.20(4)(a)(a) The name of each road or street in the plat shall be printed on the plat.
236.20(4)(b)
(b) All lands dedicated to public use shall be clearly marked “Dedicated to the Public".
236.20(4)(c)
(c) All roads or streets shown on the plat which are not dedicated to public use shall be clearly marked “Private Road" or “Private Street" or “Private Way".
236.20(4)(d)
(d) Each lot within the plat must have access to a public street unless otherwise provided by local ordinance.
236.20(5)
(5) Site conditions and topography. The final plat shall show all of the following:
236.20(5)(b)
(b) All watercourses, drainage ditches and other existing features pertinent to proper subdivision.
236.20(5)(c)
(c) The water elevations of adjoining lakes or navigable streams at the date of the survey and the approximate high water elevations of those lakes or streams. All elevations shall be referred to some permanent established datum plane.
236.20(6)
(6) Public trust information. A final plat of a subdivision, or a certified survey map of land, to which
s. 236.16 (4) applies shall show on its face the following statement:
“Any land below the ordinary high water mark of a lake or a navigable stream is subject to the public trust in navigable waters that is established under article IX, section 1, of the state constitution."
236.20 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 sub. (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.
236.20 Annotation
The circumstances under which the statutory platting standards set forth in s. 236.16 (1), (2), and (3) and sub. (4) (d) may be waived or varied, with specific reference to the approval of island subdivision plats, are discussed. 62 Atty. Gen. 315.
236.20 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.
236.20 Annotation
A proposed plat may not consist solely of outlots. 66 Atty. Gen. 238.
236.21
236.21
Certificates to accompany plat. To entitle a final plat to be recorded, the following certificates lettered or printed legibly with a black durable image or typed legibly with black ribbon shall appear on it:
236.21(1)
(1) Professional land surveyor's certificate of compliance with statute. The certificate of the professional land surveyor who surveyed, divided, and mapped the land giving all of the following information, which shall have the same force and effect as an affidavit:
236.21(1)(a)
(a) By whose direction the professional land surveyor made the survey, subdivision, and plat of the land described on the plat.
236.21(1)(b)1.1. Except as provided in
subd. 2., a clear and concise description of the land surveyed, divided, and mapped by government lot, recorded private claim, quarter-quarter section, section, township, range, and county and by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section that is not the center of the section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the subdivision is located.
236.21(1)(b)2.
2. If the land is shown in a recorded subdivision plat, recorded addition to a recorded subdivision plat, or recorded certified survey map that has previously been tied to the monumented line of a quarter section, government lot, recorded private claim, or federal reservation in which the land is located, the land shall be described by the subdivision name or certified survey map number and the description of the lot and block thereof.
236.21(1)(c)
(c) A statement that the plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision of it.
236.21(1)(d)
(d) A statement that the professional land surveyor has fully complied with the provisions of this chapter in surveying, dividing, and mapping the land.
