66.1014(2)(a)(a) Subject par.
(d), a political subdivision may not enact or enforce an ordinance that prohibits the rental of a residential dwelling for 7 consecutive days or longer.
66.1014(2)(b)
(b) If a political subdivision has in effect on September 23, 2017, an ordinance that is inconsistent with par.
(a) or
(d), the ordinance does not apply and may not be enforced.
66.1014(2)(c)
(c) Nothing in this subsection limits the authority of a political subdivision to enact an ordinance regulating the rental of a residential dwelling in a manner that is not inconsistent with the provisions of pars.
(a) and
(d).
66.1014(2)(d)1.1. If a residential dwelling is rented for periods of more than 6 but fewer than 29 consecutive days, a political subdivision may limit the total number of days within any consecutive 365-day period that the dwelling may be rented to no fewer than 180 days. The political subdivision may not specify the period of time during which the residential dwelling may be rented, but the political subdivision may require that the maximum number of allowable rental days within a 365-day period must run consecutively. A person who rents the person's residential dwelling shall notify the clerk of the political subdivision in writing when the first rental within a 365-day period begins.
66.1014(2)(d)2.
2. Any person who maintains, manages, or operates a short-term rental, as defined in s.
66.0615 (1) (dk), for more than 10 nights each year, shall do all of the following:
66.1014(2)(d)2.a.
a. Obtain from the department of agriculture, trade and consumer protection a license as a tourist rooming house, as defined in s.
97.01 (15k).
66.1014(2)(d)2.b.
b. Obtain from a political subdivision a license for conducting such activities, if a political subdivision enacts an ordinance requiring such a person to obtain a license.
66.1014 History
History: 2017 a. 59.
66.1015
66.1015
Municipal rent control, inclusionary zoning, prohibited. 66.1015(1)(1)
No city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit.
66.1015(2)
(2) This section does not prohibit a city, village, town, county, or housing authority or the Wisconsin Housing and Economic Development Authority from doing any of the following:
66.1015(2)(a)
(a) Entering into a rental agreement which regulates rent or fees charged for the use of a residential rental dwelling unit it owns or operates.
66.1015(2)(b)
(b) Entering into an agreement with a private person who regulates rent or fees charged for a residential rental dwelling unit.
66.1015(3)(a)1.
1. “Inclusionary zoning” means a zoning ordinance, as defined in s.
66.10015 (1) (e), regulation, or policy that prescribes that a certain number or percentage of new or existing residential dwelling units in a land development be made available for rent or sale to an individual or family with a family income at or below a certain percentage of the median income.
66.1015(3)(b)
(b) No city, village, town, or county may enact, impose, or enforce an inclusionary zoning requirement.
66.1015 History
History: 1991 a. 39;
1999 a. 150 s.
377; Stats. 1999 s. 66.1015;
2001 a. 104;
2017 a. 243.
66.1015 Annotation
This section preempted an ordinance that required a development with 10 or more rental dwelling units to provide no less than 15 percent of its total number of dwelling units as inclusionary dwelling units when the development required a zoning map amendment, subdivision or land division, defining “inclusionary dwelling unit" as a dwelling unit for rent to a family with an annual median income at or below 60 percent of the area median income. Sub. (2) (b) plainly applies only to agreements with private persons who, on their own, choose to regulate rent and makes clear that a municipality is not imposing rent control if it contracts with those persons for some other purpose or somehow assists them. The ordinance was not an agreement to regulate rent between the city and persons who apply for zoning map amendments, subdivision or land division. Apartment Association of South Central Wisconsin, Inc. v. City of Madison,
2006 WI App 192,
296 Wis. 2d 173,
722 N.W. 2d 614,
05-3140.
66.1017
66.1017
Family child care homes. 66.1017(1)(a)
(a) “Family child care home" means a dwelling licensed as a child care center by the department of children and families under s.
48.65 where care is provided for not more than 8 children.
66.1017(1)(b)
(b) “Municipality" means a county, city, village or town.
66.1017(2)
(2) No municipality may prevent a family child care home from being located in a zoned district in which a single-family residence is a permitted use. No municipality may establish standards or requirements for family child care homes that are different from the licensing standards established under s.
48.65. This subsection does not prevent a municipality from applying to a family child care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.
66.1017 History
History: 1983 a. 193;
1995 a. 27 s.
9126 (19);
1999 a. 150 s.
361; Stats. 1999 s. 66.1017;
2007 a. 20;
2009 a. 185.
66.1019
66.1019
Housing codes to conform to state law. 66.1019(1)(1)
One- and 2-family dwelling code. Ordinances enacted by any county, city, village or town relating to the construction and inspection of one- and 2-family dwellings shall conform to subch.
II of ch. 101.
66.1019(2)
(2)
Modular home code. Ordinances enacted by any county, city, village or town relating to the on-site inspection of the installation of modular homes shall conform to subch.
III of ch. 101.
66.1019(2m)(a)(a) Ordinances enacted, or resolutions adopted, on or after January 1, 2007, by any county, city, village, or town relating to manufactured home installation shall conform to s.
101.96.
66.1019(2m)(b)
(b) If a city, village, town, or county has in effect on or after January 1, 2007, an ordinance or resolution relating to manufactured home installation that does not conform to s.
101.96, the ordinance or resolution does not apply and may not be enforced.
66.1019 History
History: 1999 a. 150 ss.
266,
358 to
360; Stats. 1999 s. 66.1019;
2005 a. 45;
2007 a. 11;
2015 a. 176;
2017 a. 331.
66.1021
66.1021
City, village and town transit commissions. 66.1021(1)(1)
A city, village or town may enact an ordinance for the establishment, maintenance and operation of a comprehensive unified local transportation system, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the city, village or town, and which system is used for the transportation of persons or freight.
66.1021(2)
(2) The transit commission shall be designated “Transit Commission" preceded by the name of the enacting city, village or town.
66.1021(3)(a)
(a) “Comprehensive unified local transportation system" means a transportation system comprised of motor bus lines and any other local public transportation facilities or freight transportation facilities, the major portions of which are within the city, village or town.
66.1021(3)(b)
(b) “Transit commission" or “commission" means the local transit commission created under this section.
66.1021(4)
(4) The transit commission shall consist of not less than 3 members to be appointed by the mayor or village board or town board chairperson and approved by the common council or village or town board, one of whom shall be designated as chairperson.
66.1021(5)(a)(a) The first members of the transit commission shall be appointed for staggered 3-year terms. The term of office of each member appointed after the first members of the transit commission shall be 3 years.
66.1021(5)(c)
(c) No person holding stocks or bonds in any corporation subject to the jurisdiction of the transit commission, or who is in any other manner pecuniarily interested in any such corporation, may be a member of nor be employed by the transit commission.
66.1021(6)
(6) The transit commission may appoint a secretary and employ accountants, engineers, experts, inspectors, clerks and other employees and fix their compensation, and purchase furniture, stationery and other supplies and materials, that are reasonably necessary to enable it to perform its duties and exercise its powers.
66.1021(7)(a)(a) The transit commission may conduct hearings and may adopt rules relative to the calling, holding and conduct of its meetings, the transaction of its business, the regulation and control of its agents and employees, the filing of complaints and petitions and the service of notices.
66.1021(7)(b)
(b) For the purpose of receiving, considering and acting upon any complaints or applications that may be presented to it or for the purpose of conducting investigations or hearings on its own motion the transit commission shall hold regular meetings at least once a week except in the months of July and August and special meetings on the call of the chairperson or at the request of the common council or village or town board.
66.1021(7)(c)
(c) The transit commission may adopt a seal, of which judicial notice shall be taken in all courts. Any process, writ, notice or other instrument that the commission may be authorized by law to issue shall be considered sufficient if signed by the secretary of the commission and authenticated by the commission's seal. All acts, orders, decisions, rules and records of the commission, and all reports, schedules and documents filed with the commission may be proved in any court by a copy of the documents that is certified by the secretary under the seal of the commission.
66.1021(8)
(8) Except as otherwise provided in this subsection, the jurisdiction, powers and duties of the transit commission shall extend to the comprehensive unified local transportation system for which the commission is established including any portion of the system extending into adjacent or suburban territory that is outside of the city, village or town not more than 30 miles from the nearest point marking the corporate limits of the city, village or town. The jurisdiction, powers and duties of a transit commission providing rail service shall extend to the comprehensive unified local rail transportation system for which the commission is established including any portion of the system that extends into adjacent or suburban territory that is outside of the city, village or town and in an adjoining state whose laws permit, subject to the laws of that state but subject to the laws of this state in all matters relating to rail service.
66.1021(9)
(9) The initial acquisition of the properties for the establishment of, and to comprise, the comprehensive unified local transportation system is subject to s.
66.0803 or ch.
197.
66.1021(10)(a)(a) Any city, village, town or federally recognized Indian tribe or band may by contract under s.
66.0301 establish a joint municipal transit commission with the powers and duties of city, village or town transit commissions under this section. Membership on the joint transit commission shall be as provided in the contract established under s.
66.0301.
66.1021(10)(b)
(b) Notwithstanding any other provision of this section, no joint municipal transit commission under par.
(a) may provide service outside the corporate limits of the parties to the contract under s.
66.0301 which establish the joint municipal transit commission unless the joint municipal transit commission receives financial support for the service under a contract with a public or private organization for the service. This paragraph does not apply to service provided by a joint municipal transit commission outside the corporate limits of the parties to the contract under s.
66.0301 which establish the joint municipal transit commission if the joint municipal transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue the service.
66.1021(11)(a)(a) In lieu of providing transportation services, a city, village or town may contract with a private organization for the services.
66.1021(11)(b)
(b) Notwithstanding any other provision of this section, no municipality may contract with a private organization to provide service outside the corporate limits of the municipality unless the municipality receives financial support for the service under a contract with a public or other private organization for the service. This paragraph does not apply to service provided under par.
(a) outside the corporate limits of a municipality if a private organization is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and the municipality elects to continue the service.
66.1021(12)
(12) Notwithstanding any other provision of this section, no transit commission may provide service outside the corporate limits of the city which establishes the transit commission unless the transit commission receives financial support for the service under a contract with a public or private organization for the service. This subsection does not apply to service provided by a transit commission outside the corporate limits of the city which establishes the transit commission if the transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue the service.
66.1021 Annotation
Although the statutes relating to public utilities and transit commissions describe certain attributes the governing commissions must have, these statutes do not, by their own force, call the commission into existence or endow it with authority independent of what the statutes confer on the municipality. A commission has no authority but for what it received from the municipality, and the municipality has no authority to legislate contrary to the boundaries established by the statutes. This section does not directly grant a transit commission any authority, but it does identify some of the authority the commission must be furnished by the municipality's enacting ordinance. Wisconsin Carry, Inc. v. City of Madison,
2017 WI 19,
373 Wis. 2d 543,
892 N.W.2d 233,
15-0146.
66.1023
66.1023
Transit employees; Wisconsin retirement system. 66.1023(1)(a)
(a) This subsection applies to all affected employees of a transportation system which is acquired, after June 29, 1975, but prior to January 1, 1982, by a city, a city transit commission or a metropolitan transit authority which is a participating employer in the Wisconsin retirement fund.
66.1023(1)(b)
(b) Within 60 days after May 19, 1978, or within 60 days after a system is acquired by a city, a city transit commission or a metropolitan transit authority, whichever is later, an election shall be conducted by the department of employee trust funds under procedures adopted by the department of employee trust funds. If all of the affected employees of the transportation system who are members of a retirement system established by the previous employer vote to be included within the Wisconsin retirement fund, prior to January 1, 1982, or the Wisconsin retirement system, after that date, rather than their present retirement system, their eligibility for participation within the Wisconsin retirement system shall be computed from the date of acquisition.
66.1023(1)(c)
(c) Notwithstanding any other law, no city, city transit commission or metropolitan transit authority may be required to contribute to more than one retirement fund for an affected employee.
66.1023(2)(a)(a) Notwithstanding any other law pension benefits, rights and obligations of persons who are employed by a transportation system on the date of its acquisition by a participating employer in the Wisconsin retirement system shall be determined under pars.
(b) and
(c) if the date of acquisition is on or after January 1, 1982.
66.1023(2)(b)
(b) Participating employers who acquire a transportation system on or after January 1, 1982 may elect to permit the employees of the transportation system on the date of acquisition to elect to continue participation under a retirement plan which has been established for those employees prior to the acquisition, rather than to participate in the Wisconsin retirement system. An employee who elects to continue participation in the prior established retirement plan is included under the Wisconsin retirement system as a participating employee but no contributions shall be made to the Wisconsin retirement system, and the employee is not eligible for any benefits from the system for service as an employee of the transportation system. If an affected employee does not elect to continue participation in the previously established retirement plan the employee is a participant in the Wisconsin retirement system from the date of acquisition and employer and employee contributions are required commencing with that date. The government entity acquiring the transportation system is not required to contribute, directly or indirectly, to the Wisconsin retirement system and also to another retirement plan for the employee.
66.1023(2)(c)
(c) An employee may elect to continue under a previously established retirement plan as provided by par.
(b) only if the participating employer in the Wisconsin retirement system which acquired the transportation system files with the department of employee trust funds within 60 days after the date of acquisition notice of election to make the option available. An employee who does not elect under par.
(b), according to the procedures established by the department of employee trust funds, to continue participation under a previously established retirement plan within 60 days after the employer's notice is filed is a participant in the Wisconsin retirement system.
66.1023(3)
(3) A person who commences employment on or after January 1, 1982 or the date of acquisition, whichever is later, with a transportation system which has been acquired by a participating employer in the Wisconsin retirement system is, if otherwise eligible under the Wisconsin retirement system, a participating employee under that system.
66.1023 History
History: 1977 c. 418;
1981 c. 96;
1999 a. 150 s.
607; Stats. 1999 s. 66.1023.
66.1024
66.1024
Effect of reservation or exception in conveyance. Whenever an executed and recorded deed, land contract, or mortgage of lands abutting on an existing public street, highway, or alley or a projected extension thereof contains language reserving or excepting certain lands for street, highway, or alley purposes, the reservation or exception shall constitute a dedication for such purpose to the public body having jurisdiction over the highway, street, alley, or projected extension thereof, unless the language of the reservation or exception plainly indicates an intent to create a private way. Any reservation or exception shall not be effective until it is accepted by a resolution of the governing body having jurisdiction over such street, highway, alley, or projected extension thereof.
66.1024 History
History: 2003 a. 214 s.
27.
66.1024 Note
NOTE: 2003 Wis. Act 214, which created this section, contains extensive explanatory notes.
66.1025
66.1025
Relief from conditions of gifts and dedications. 66.1025(1)(1)
If the governing body of a county, city, town or village accepts a gift or dedication of land made on condition that the land be devoted to a special purpose, and the condition subsequently becomes impossible or impracticable, the governing body may by resolution or ordinance enacted by a two-thirds vote of its members-elect either to grant the land back to the donor or dedicator or the heirs of the donor or dedicator, or accept from the donor or dedicator or the heirs of the donor or dedicator, a grant relieving the county, city, town or village of the condition, pursuant to article XI, section 3a, of the constitution.
66.1025(2)(a)(a) If the donor or dedicator of land to a county, city, town or village or the heirs of the donor or dedicator are unknown or cannot be found, the resolution or ordinance described under sub.
(1) may provide for the commencement of an action under this section for the purpose of relieving the county, city, town or village of the condition of the gift or dedication.
66.1025(2)(b)
(b) Any action under this subsection shall be brought in a court of record in the manner provided in ch.
801. A lis pendens shall be filed or recorded as provided in s.
840.10 upon the commencement of the action. Service upon persons whose whereabouts are unknown may be made in the manner prescribed in s.
801.12.
66.1025(2)(c)
(c) The court may render judgment in an action under this subsection relieving the county, city, town or village of the condition of the gift or dedication.
66.1025 History
History: 1973 c. 189 s.
20; Sup. Ct. Order, 67 Wis. 2d 585, 774 (1975);
1991 a. 316;
1997 a. 304;
1999 a. 150 s.
323; Stats. 1999 s. 66.1025.
66.1027
66.1027
Traditional neighborhood developments and conservation subdivisions. 66.1027(1)(a)
(a) “Conservation subdivision" means a housing development in a rural setting that is characterized by compact lots and common open space, and where the natural features of land are maintained to the greatest extent possible.
66.1027(1)(c)
(c) “Traditional neighborhood development" means a compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity to each other.
66.1027(2)(a)(a) Not later than January 1, 2001, the extension, in consultation with any other University of Wisconsin System institution or with a landscape architect, as that term is used in s.
443.02 (2), or with independent planners or any other consultant with expertise in traditional neighborhood planning and development, shall develop a model ordinance for a traditional neighborhood development and an ordinance for a conservation subdivision.
