236.34(1m)(er)1.b.
b. The certified survey map is changing the external boundary of a recorded plat, recorded assessor's plat, or recorded certified survey map.
236.34(1m)(er)1.c.
c. The certified survey map or recorded plat, recorded assessor's plat, or recorded certified survey map shows lots that abut or adjoin a state trunk highway or connecting highway.
236.34(1m)(er)2.a.
a. The certified survey map is dividing land that is wholly situated in a 1st class city.
236.34(1m)(er)2.b.
b. The certified survey map is dividing unincorporated land in a county with a population of 500,000 or more.
236.34(1m)(f)
(f) Within 90 days of submitting a certified survey map for approval, the approving authority, or its agent authorized to approve certified survey maps, shall take action to approve, approve conditionally, or reject the certified survey map and shall state in writing any conditions of approval or reasons for rejection, unless the time is extended by agreement with the subdivider. Failure of the approving authority or its agent to act within the 90 days, or any extension of that period, constitutes an approval of the certified survey map and, upon demand, a certificate to that effect shall be made on the face of the map by the clerk of the authority that has failed to act.
236.34(2)(a)(a) Certified survey maps prepared in accordance with
subs. (1) and
(1m) shall be numbered consecutively by the register of deeds and shall be recorded in a bound volume kept in the register of deeds' office, known as the “Certified Survey Maps of .... County", or stored electronically in the register of deeds office.
236.34(2)(b)
(b) If the certified survey map is approved by a local unit of government, the register of deeds may not accept the certified survey map for record unless all of the following apply:
236.34(2)(b)1.
1. The certified survey map is offered for record within 12 months after the date of the last approval of the map and within 36 months after the date of the first approval of the map.
236.34(2)(b)2.
2. The certified survey map shows on its face all of the certificates and affidavits required under
subs. (1) and
(1m).
236.34(2m)(a)(a) Except as provided in
par. (b), a county planning agency under
s. 236.10 (1) (b) 3. or
(c) 2. has no authority to approve or object to a certified survey map that divides land that is located in a town that has, before the certified survey map is submitted for approval, enacted an ordinance under
s. 60.23 (34) withdrawing the town from county zoning and the county development plan.
236.34(2m)(b)
(b) A county planning agency under
s. 236.10 (1) (b) 3. or
(c) 2. may object to any of the following portions of a certified survey map that divides land located in a town described in
par. (a):
236.34(2m)(b)2.
2. Any land shown on and subject to the certified survey map that is in a 100-year floodplain in the county.
236.34(3)
(3) Use in conveyancing. When a certified survey map has been recorded in accordance with this section, the parcels of land in the map shall be, for all purposes, including assessment, taxation, devise, descent and conveyance, as defined in
s. 706.01 (4), described by reference to the number of the survey, lot or outlot number, the volume and page where recorded, and the name of the county.
236.34(4)
(4) Vacation. A certified survey map may be vacated by the circuit court of the county in which the parcels of land are located in the same manner and with like effect as provided in
ss. 236.40 to
236.44, except that application for vacation of the certified survey map may be made by any of the following:
236.34(4)(a)
(a) The owner of any lot or outlot in the land that is the subject of the certified survey map.
236.34(4)(b)
(b) The county board if the county has acquired an interest by tax deed in any lot or outlot in the land that is the subject of the certified survey map.
236.34 Annotation
While s. 236.29 (1) provides that “every donation or grant to the public ... marked or noted as such on [a properly recorded] plat shall be deemed a sufficient conveyance to vest the fee simple of all parcels of land so marked or noted," statutory dedication requires compliance with statutory procedure. For the state to rely on s. 236.29 (1) to convey property via a certified survey map (CSM) that marked a parcel as a dedication, the property first has to be properly dedicated in accordance with sub. (1m) (e). Under that statute, the city council or village or town board involved must have approved the dedication. As no governmental board involved in the development in this case approved any road dedication or land grant for inclusion in the CSM, the CSM lacked the force and effect required to convey the property to the state. Somers USA, LLC v. Department of Transportation,
2015 WI App 33,
361 Wis. 2d 807,
864 N.W.2d 114,
14-1092.
236.34 Annotation
Sub. (2) requires that certified survey maps be numbered consecutively without dependent reference to ownership, developer or surveyor. 61 Atty. Gen. 34.
236.34 Annotation
Certified survey maps under this section cannot substitute for subdivision surveys under s. 236.02 (8) [now sub. (12)]. Penalties under s. 236.31 apply to improper use of certified surveys. 67 Atty. Gen. 294.
SUPPLEMENTAL PROVISIONS
236.35
236.35
Sale of lands abutting on private way outside corporate limits of municipality. 236.35(1)
(1) No person shall sell any parcel of land of one acre or less in size, located outside the corporate limits of a municipality, if it abuts on a road which has not been accepted as a public road unless the seller informs the purchaser in writing of the fact that the road is not a public road and is not required to be maintained by the town or county.
236.35(2)
(2) Any person violating this section may be fined not more than $200 or imprisoned not more than 30 days or both.
VACATING AND ALTERING PLATS
236.36
236.36
Replats. Except as provided in
s. 70.27 (1), replat of all or any part of a recorded subdivision, if it alters areas dedicated to the public, may not be made or recorded except after proper court action, in the county in which the subdivision is located, has been taken to vacate the original plat or the specific part thereof.
236.36 Annotation
A recorded subdivision may be replatted under this section without undertaking the court proceedings set forth in ss. 236.40, 236.41, and 236.42 if the replat complies with the requirements of ch. 236 applicable to original plats and does not alter areas dedicated to the public. 58 Atty. Gen. 145.
236.36 Annotation
A replat of a recorded subdivision must comply with the formal platting requirements of ch. 236 relating to new subdivision plats, including those relating to the survey, approval, and recording. 63 Atty. Gen. 193.
236.36 Annotation
This section permits the replat of a part of a previously recorded subdivision plat, without circuit court action, if the only areas dedicated to the public in that portion of the original subdivision being replatted were discontinued streets fully and properly vacated under s. 66.296 [now s. 66.1003]. 63 Atty. Gen. 210.
236.36 Annotation
The circumstances under which lots in a recorded subdivision may be legally divided without replatting are discussed. 64 Atty. Gen. 80.
236.36 Annotation
Chapter 236 does not require a replat when the division of a lot or redivision of more than one lot does not meet the definition of a “subdivision" under this section. 67 Atty. Gen. 121.
236.40
236.40
Who may apply for vacation of plat. Any of the following may apply to the circuit court for the county in which a subdivision is located for the vacation or alteration of all or part of the recorded plat of that subdivision:
236.40(1)
(1) The owner of the subdivision or of any lot in the subdivision.
236.40(2)
(2) The county board if the county has acquired an interest in the subdivision or in any lot in the subdivision by tax deed.
236.41
236.41
How notice given. Notice of the application for the vacation or alteration of the plat shall be given at least 3 weeks before the application:
236.41(1)
(1) By posting a written notice thereof in at least 2 of the most public places in the county; and
236.41(2)
(2) By publication of a copy of the notice as a class 3 notice, under
ch. 985; and
236.41(3)
(3) By service of the notice in the manner required for service of a summons in the circuit court on the municipality or town in which the subdivision is located, and if it is located in a county having a population of 500,000 or over, on the county; and
236.41(4)
(4) By mailing a copy of the notice to the owners of record of all the lots in the subdivision or the part of the subdivision proposed to be vacated or altered at their last-known address.
236.41 Annotation
The provisions of s. 236.41 relating to vacation of streets are inapplicable to assessors plats under s. 70.27. Once properly filed and recorded an assessor's plat becomes the operative document of record, and only sections specified in s. 236.03 (2) apply to assessor's plats. Schaetz v. Town of Scott,
222 Wis. 2d 90,
585 N.W.2d 889 (Ct. App. 1998),
98-0841.
236.42
236.42
Hearing and order. 236.42(1)
(1) After requiring proof that the notices required by
s. 236.41 have been given and after hearing all interested parties, the court may in its discretion grant an order vacating or altering the plat or any part thereof except:
236.42(1)(a)
(a) The court shall not vacate any alleys immediately in the rear of lots fronting on county trunk highways without the prior approval of the county board or on state trunk highways without the prior approval of the department of transportation.
236.42(1)(b)
(b) The court shall not vacate any parts of the plat which have been dedicated to and accepted by the public for public use except as provided in
s. 236.43.
236.42(2)
(2) The vacation or alteration of a plat shall not affect:
236.42(2)(a)
(a) Any restriction under
s. 236.293, unless the public body having the right to enforce the restriction has in writing released or waived such restriction.
236.42(2)(b)
(b) Any restrictive covenant applying to any of the platted land.
236.42 History
History: 1977 c. 29 s.
1654 (8) (c).
236.43
236.43
Vacation or alteration of areas dedicated to the public. Parts of a plat dedicated to and accepted by the public for public use may be vacated or altered as follows:
236.43(1)
(1) The court may vacate streets, roads or other public ways on a plat if:
236.43(1)(a)
(a) The plat was recorded more than 40 years previous to the filing of the application for vacation or alteration; and
236.43(1)(b)
(b) During all that period the areas dedicated for streets, roads or other public ways were not improved as streets, roads or other public ways; and
236.43(1)(c)
(c) Those areas are not necessary to reach other platted property; and
236.43(1)(d)
(d) All the owners of all the land in the plat or part thereof sought to be vacated and the governing body of the city, village or town in which the street, road or other public way is located have joined in the application for vacation.
236.43(2)
(2) The court may vacate land platted as a public square upon the application of the municipality or town in which the dedicated land is located if:
236.43(2)(a)
(a) The plat was recorded more than 40 years previous to the filing of the application for vacation or alteration; and
236.43(2)(b)
(b) The land was never in fact developed or utilized by the municipality or town as a public square.
236.43(3)
(3) The court may vacate land, in a city, county, village or town, platted as a public park or playground upon the application of the local legislative body of such city, county, village or town where the land has never been developed by said city, county, village or town as a public park or playground.
236.43(4)
(4) When the plat is being vacated or altered in any 2nd, 3rd or 4th class city or in any village or town which includes a street, road, alley or public walkway, said street, road, alley or public walkway may be vacated or altered by the circuit court proceeding under
ss. 236.41 and
236.42 upon the following conditions:
236.43(4)(a)
(a) A resolution is passed by the governing body requesting such vacation or alteration.
236.43(4)(b)
(b) The owners of all frontage of the lots and lands abutting on the portion sought to be vacated or altered request in writing that such action be taken.
236.43 Cross-reference
Cross-reference: See s.
66.1003 for other provisions for vacating streets.
236.43 Annotation
Although dedicated as a street, an improvement of land as another public way may meet the requirements of sub. (1) (b). A walkway cleared and improved to be conducive to pedestrian traffic is a public way improved in accordance with sub. (1) (b). Application of K.G.R. Partnership,
187 Wis. 2d 375,
523 N.W.2d 120 (Ct. App. 1994).
236.43 Annotation
Isolated improvements to provide for a scenic outlook were not improvements as a street, road, or public way under sub. (1). Closser v. Town of Harding,
212 Wis. 2d 561,
569 N.W.2d 338 (Ct. App. 1997),
96-3086.
236.43 Annotation1997 Wis. Act 172 made several things clear: 1) a local government has no obligation to improve a lake or stream access, regardless of when that access was created; 2) a lake or stream access may not be discontinued under s. 80.32 [now s. 82.19]; and 3) a lake or stream access may be vacated under this section only, and only if the governing municipality agrees. Vande Zande v. Town of Marquette,
2008 WI App 144,
314 Wis. 2d 143,
758 N.W.2d 187,
07-2354.
236.44
236.44
Recording order. The applicant for the vacation or alteration shall record in the office of the register of deeds the order vacating or altering the plat together with the plat showing the part vacated if only part of the plat is vacated or the altered plat if the plat is altered.
236.445
236.445
Discontinuance of streets by county board. Any county board may alter or discontinue any street, slip or alley in any recorded plat in any town in such county, not within any city or village, in the same manner and with like effect as provided in
s. 66.1003.
236.445 History
History: 1999 a. 150 s.
672.
SUBDIVISION REGULATION AND REGIONAL PLANS
236.45
236.45
Local subdivision regulation. 236.45(1)
(1)
Declaration of legislative intent. The purpose of this section is to promote the public health, safety and general welfare of the community and the regulations authorized to be made are designed to lessen congestion in the streets and highways; to further the orderly layout and use of land; to secure safety from fire, panic and other dangers; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds and other public requirements; to facilitate the further resubdivision of larger tracts into smaller parcels of land. The regulations provided for by this section shall be made with reasonable consideration, among other things, of the character of the municipality, town or county with a view of conserving the value of the buildings placed upon land, providing the best possible environment for human habitation, and for encouraging the most appropriate use of land throughout the municipality, town or county.
236.45(2)(ac)(ac) To accomplish the purposes listed in
sub. (1), any municipality, town or county that has established a planning agency may enact ordinances governing the subdivision or other division of land that are more restrictive than the provisions of this chapter, except that no ordinance may modify in a more restrictive way time limits, deadlines, notice requirements, or other provisions of this chapter that provide protections for a subdivider.
236.45(2)(am)
(am) Ordinances under
par. (ac) may include provisions regulating divisions of land into parcels larger than 1 1/2 acres or divisions of land into less than 5 parcels, and, except as provided in
s. 59.69 (4) (intro.) and subject to
s. 66.1002, may prohibit the division of land in areas where such prohibition will carry out the purposes of this section. Such ordinances shall make applicable to such divisions all of the provisions of this chapter, or may provide other surveying, monumenting, mapping and approving requirements for such division. The governing body of the municipality, town, or county shall require that a plat of such division be recorded with the register of deeds and kept in a book provided for that purpose or stored electronically. “COUNTY PLAT," “MUNICIPAL PLAT," or “TOWN PLAT" shall be printed on the map in prominent letters with the location of the land by government lot, recorded private claim, quarter-quarter section, section, township, range, and county noted. When so recorded, the lots included in the plat shall be described by reference to “COUNTY PLAT," “MUNICIPAL PLAT," or “TOWN PLAT," the name of the plat and the lot and block in the plat, for all purposes, including those of assessment, taxation, devise, descent, and conveyance as defined in
s. 706.01 (4). Such ordinance, insofar as it may apply to divisions of less than 5 parcels, shall not apply to:
236.45(2)(am)1.
1. Transfers of interests in land by will or pursuant to court order;
236.45(2)(am)2.
2. Leases for a term not to exceed 10 years, mortgages or easements;
236.45(2)(am)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.
