66.10015(1)(b)(b) “Existing requirements” means regulations, ordinances, rules, or other properly adopted requirements of a political subdivision that are in effect at the time the application for an approval is submitted to the political subdivision. 66.10015(1)(bs)(bs) “Members-elect” means those members of the governing body of a political subdivision, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation, or removal from office. 66.10015(1)(c)(c) “Political subdivision” means a city, village, town, or county. 66.10015(1)(d)(d) “Project” means a specific and identifiable land development that occurs on defined and adjacent parcels of land, which includes lands separated by roads, waterways, and easements. 66.10015(1)(e)(e) “Substandard lot” means a legally created lot or parcel that met any applicable lot size requirements when it was created, but does not meet current lot size requirements. 66.10015(2)(a)(a) Except as provided under par. (b) or s. 66.0401, if a person has submitted an application for an approval, the political subdivision shall approve, deny, or conditionally approve the application solely based on existing requirements, unless the applicant and the political subdivision agree otherwise. An application is filed under this section on the date that the political subdivision receives the application. 66.10015(2)(b)(b) If a project requires more than one approval or approvals from one or more political subdivisions and the applicant identifies the full scope of the project at the time of filing the application for the first approval required for the project, the existing requirements applicable in each political subdivision at the time of filing the application for the first approval required for the project shall be applicable to all subsequent approvals required for the project, unless the applicant and the political subdivision agree otherwise. 66.10015(2)(c)(c) An application for an approval shall expire not less than 60 days after filing if all of the following apply: 66.10015(2)(c)1.1. The application does not comply with form and content requirements. 66.10015(2)(c)2.2. Not more than 10 working days after filing, the political subdivision provides the applicant with written notice of the noncompliance. The notice shall specify the nature of the noncompliance and the date on which the application will expire if the noncompliance is not remedied. 66.10015(2)(c)3.3. The applicant fails to remedy the noncompliance before the date provided in the notice. 66.10015(2)(e)(e) Notwithstanding any other law or rule, or any action or proceeding under the common law, no political subdivision may enact or enforce an ordinance or take any other action that prohibits a property owner from doing any of the following: 66.10015(2)(e)2.2. Using a substandard lot as a building site if all of the following apply: 66.10015(2)(e)2.a.a. The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. 66.10015(2)(e)2.b.b. The substandard lot or parcel is developed to comply with all other ordinances of the political subdivision. 66.10015(3)(b)(b) A political subdivision may enact a down zoning ordinance only if the ordinance is approved by at least two-thirds of the members-elect, except that if the down zoning ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, the ordinance may be enacted by a simple majority of the members-elect. 66.10015(4)(4) Merging. Notwithstanding the authority granted under ss. 59.69, 60.61, 60.62, 61.35, and 62.23, no political subdivision may enact or enforce an ordinance or take any other action that requires one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged. 66.10015(5)(5) Expiration dates. A political subdivision may not establish an expiration date for an approval related to a planned development district of less than 5 years after the date of the last approval required for completion of the project. This section does not prohibit a political subdivision from establishing timelines for completion of work related to an approval. 66.10015(6)(a)(a) If a political subdivision or a utility district requires the installation of a water meter station for a political subdivision, neither the political subdivision nor the utility district may require a developer to install a water meter that is larger than a utility-type box, and may not require a developer to include heating, air conditioning, or a restroom in the water meter station. Any requirements for such a project that go beyond the limitations specified in this paragraph must be funded entirely by the political subdivision or utility district. 66.10015(6)(b)1.1. If a political subdivision employs a building inspector to enforce its zoning ordinance or other ordinances related to building, and a developer requests the building inspector to perform an inspection that is part of the inspector’s duties, the inspector shall complete the inspection not later than 14 business days after the building inspector receives the request for an inspection. 66.10015(6)(b)2.2. If a building inspector does not complete a requested inspection as required under subd. 1., the developer may request a state building inspector to provide the requested inspection, provided that the state inspector has a comparable level of zoning and building inspection qualification as the local building inspector. 66.10015(6)(b)3.3. If a developer provides a political subdivision with a certificate of inspection from a state building inspector from an inspection described under subd. 2., which meets the requirements of the inspection that was supposed to be provided by the local building inspector, the political subdivision must accept the certificate provided by the state building inspector as if it had been provided by the political subdivision’s building inspector. 66.10015 AnnotationSub. (2) (a) merely states that, when an applicant submits a zoning application, the existing requirements apply unless the applicant and the political subdivision agree otherwise. Nothing in the statute’s text indicates that such agreement must be formal, in writing, or memorialized in meeting minutes. The statutory language does not dictate how or when the parties must agree, only that they agree. Lakeland Area Property Owners Ass’n, U.A. v. Oneida County, 2021 WI App 19, 396 Wis. 2d 622, 957 N.W.2d 605, 20-0858. 66.10015 AnnotationFor purposes of determining the applicable comprehensive plan under sub. (2) (a), what matters is whether a county and an applicant agree to proceed under a later adopted comprehensive plan as of the date of the county board’s vote. Lakeland Area Property Owners Ass’n, U.A. v. Oneida County, 2021 WI App 19, 396 Wis. 2d 622, 957 N.W.2d 605, 20-0858. 66.1001666.10016 Permits for residential housing developments. 66.10016(1)(a)(a) “Permit” means any permit or administrative approval required to proceed with a residential housing development. “Permit” does not include a change to an existing ordinance or zoning classification of land or an approval of a conditional use as defined under s. 59.69 (5e) (a) 1., 60.61 (4e) (a) 1., or 62.23 (7) (de) 1. a. 66.10016(1)(b)(b) “Political subdivision” means a city, village, town, or county. 66.10016(1)(c)(c) “Residential housing development” means a development for single-family or multi-family housing for sale or rent. 66.10016(3)(3) If a person submits a complete application for a permit related to a residential housing development meeting all existing requirements that must be satisfied to obtain the permit at the time the application is filed, the political subdivision shall grant the application. An application is deemed complete under this subsection if it complies with form and content requirements. An application is filed under this subsection on the date that the political subdivision receives the application. Effective date noteNOTE: Sub. (3) is affected eff. 1-1-28 by 2025 Wis. Act 173 to read: Effective date text(3) (a) If a person submits a complete application for a permit related to a residential housing development meeting all existing requirements that must be satisfied to obtain the permit at the time the application is filed, the political subdivision shall grant the application. An application is deemed complete under this paragraph if it complies with form and content requirements. As part of an application, the applicant shall certify that the lands subject to the application are not located within a farmland preservation zoning district, not subject to a farmland preservation agreement, and not located within an agricultural enterprise area. An applicant that provides a false certification under this paragraph is liable for any costs incurred by the political subdivision to reverse or remedy the rezoning and is not entitled to recover any costs under sub. (4) (a) or (b). An application is filed under this paragraph on the date that the political subdivision receives the application.
Effective date text(b) 1. Notwithstanding s. 66.1001 (2m) (a), and except as provided in subds. 4. and 5., sub. (5), and s. 66.1001 (3) (c) 2., if a person submits a request for a change to a zoning classification of land that is required to proceed with a residential housing development and all of the following are satisfied, the political subdivision shall grant the request within 90 days:
Effective date texta. The proposed change is for an area identified in the political subdivision’s comprehensive plan as projected for residential land use under s. 66.1001 (2) (h) 4.
Effective date textb. The proposed change is for an area that is adjacent to or in close proximity to existing development such that the area may be reasonably served by existing infrastructure and public services.
Effective date textc. Either the proposed minimum and maximum net density of residences in the residential housing development falls within the minimum and maximum net density for the area specified under s. 66.1001 (2) (h) 4. for the current 5-year increment or the comprehensive plan does not include the material required under s. 66.1001 (2) (h) 4. and the political subdivision has not complied with s. 66.1001 (3) (c) 2.
Effective date textd. Current housing supply in the political subdivision does not meet existing housing demand or forecasted housing demand within the next 5 years, as provided in the comprehensive plan.
Effective date texte. The requester certifies in writing that the proposed change is for an area that is not located within a farmland preservation zoning district or agricultural enterprise area or subject to a farmland preservation agreement. A requester that provides a false certification under this subd. 1. e. is liable for any costs incurred by the political subdivision to reverse or remedy the rezoning and is not entitled to recover any costs under sub. (4) (a) or (b).
Effective date text2. In a request under subd. 1., the requester may specify its preferences regarding any of the following:
Effective date texta. The zoning classification provided in the political subdivision’s zoning ordinance into which the land should be reclassified.
Effective date textb. Building setback requirements.
Effective date textc. Lot width or frontage requirements.
Effective date textd. Lot size requirements.
Effective date texte. Building size or bulk requirements.
Effective date text3. If a request is granted by action of subd. 1., the requester specified a zoning classification under subd. 2. a., and the zoning classification allows the net density of residences in the proposed residential housing development, the land subject to the request is reclassified into that classification.
Effective date text4. a. Subdivision 1. does not apply to a request that does not identify the proposed minimum and maximum net density of residences in the residential housing development.
Effective date textb. A request for a change to a zoning classification of land that satisfies the requirements of subd. 1. may be denied by the political subdivision if the political subdivision demonstrates that the denial is necessary to prevent a shortage in, or the overburdening of, public facilities located in the political subdivision or to address a significant threat to the public health or safety.
Effective date textc. This paragraph does not apply to lands within a farmland preservation zoning district, lands subject to a farmland preservation agreement, or lands within an agricultural enterprise area, as certified by the requester under subd. 1. e.
Effective date textd. This paragraph does not apply to lands within the extraterritorial zoning jurisdiction of a city or village, as described under s. 62.23 (7a).
Effective date texte. This paragraph does not apply to a town or county.
Effective date text5. The 90-day limit for granting a request under subd. 1. shall be extended by the political subdivision at the request of the person requesting a change to a zoning classification of land.
66.10016(4)(4) A person aggrieved by a political subdivision’s failure to approve an application under sub. (3) may seek relief through an action for mandamus as provided in ch. 783. If the court finds that the political subdivision improperly failed to approve the application under sub. (3), the court shall issue a writ of mandamus ordering the political subdivision to approve the application. For purposes of any mandamus claim filed under this subsection, substantial damages or injury shall be assumed. Effective date noteNOTE: Sub. (4) is affected eff. 1-1-28 by 2025 Wis. Act 173 to read: Effective date text(4) (a) A person aggrieved by a political subdivision’s failure to approve an application under sub. (3) (a) or a request under sub. (3) (b) may seek relief through an action for mandamus as provided in ch. 783. If the court finds that the political subdivision improperly failed to approve the application under sub. (3) (a) or the request under sub. (3) (b), the court shall issue a writ of mandamus ordering the political subdivision to approve the application or request. For purposes of any mandamus claim filed under this subsection, substantial damages or injury shall be assumed.
Effective date text(b) In an action for mandamus under par. (a) based upon a political subdivision’s failure to approve a request under sub. (3) (b), the petitioner may recover court costs and reasonable attorney fees attributable to the failure to approve the request within the time frame provided in sub. (3) (b) 1. or 5. of submission of the request.
66.10016(5)(5) In this subsection “qualifying residential development” means a residential development that is reasonably expected to receive sewerage and sanitary water services from a public utility and that is not reasonably believed to be environmentally contaminated. If a political subdivision issues a request for proposals for a qualifying residential development that specifies minimum and maximum net density of residences in the development that are within the densities specified for the area in the political subdivision’s comprehensive plan, and no person responds to the request by the date provided in the request for submissions, sub. (3) (b) does not apply in that political subdivision for one year after the last date on which responses were to be accepted. A response under this subsection includes a response that does not include a qualifying residential development proposal if the response is from a person with the capability to construct a qualifying residential development in the requesting political subdivision and the response explains with specificity the person’s economic reasons for not submitting a proposal. This subsection does not apply to a town or county. 66.10016 HistoryHistory: 2023 a. 16; 2025 a. 173. 66.100266.1002 Development moratoria. 66.1002(1)(b)(b) “Development moratorium” means a moratorium on rezoning or approving any subdivision or other division of land by plat or certified survey map that is authorized under ch. 236. 66.1002(1)(d)(d) “Municipality” means any city, village, or town. 66.1002(1)(e)(e) “Public health professional” means any of the following: 66.1002(1)(f)(f) “Registered engineer” means an individual who satisfies the registration requirements for a professional engineer as specified in s. 443.04. 66.1002(2)(2) Moratorium allowed. Subject to the limitations and requirements specified in this section, a municipality may enact a development moratorium ordinance if the municipality has enacted a comprehensive plan, is in the process of preparing its comprehensive plan, is in the process of preparing a significant amendment to its comprehensive plan in response to a substantial change in conditions in the municipality, or is exempt from the requirement as described in s. 66.1001 (3m), and if at least one of the following applies: Effective date noteNOTE: Sub. (2) (intro.) is amended eff. 1-1-28 by 2025 Wis. Act 173 to read: Effective date text(2) Moratorium allowed. Subject to the limitations and requirements specified in this section, a municipality may enact a development moratorium ordinance if the municipality has enacted a comprehensive plan, is in the process of preparing its comprehensive plan, or is in the process of preparing a significant amendment to its comprehensive plan in response to a substantial change in conditions in the municipality, and if at least one of the following applies:
66.1002(2)(a)(a) The municipality’s governing body adopts a resolution stating that a moratorium is needed to prevent a shortage in, or the overburdening of, public facilities located in the municipality and that such a shortage or overburdening would otherwise occur during the period in which the moratorium would be in effect, except that the governing body may not adopt such a resolution unless it obtains a written report from a registered engineer stating that in his or her opinion the possible shortage or overburdening of public facilities justifies the need for a moratorium. 66.1002(2)(b)(b) The municipality’s governing body adopts a resolution stating that a moratorium is needed to address a significant threat to the public health or safety that is presented by a proposed or anticipated activity specified under sub. (4), except that the governing body may not adopt such a resolution unless it obtains a written report from a registered engineer or public health professional stating that in his or her opinion the proposed or anticipated activity specified under sub. (4) presents such a significant threat to the public health or safety that the need for a moratorium is justified. 66.1002(3)(a)(a) An ordinance enacted under this section shall contain at least all of the following elements: 66.1002(3)(a)1.1. A statement describing the problem giving rise to the need for the moratorium. 66.1002(3)(a)2.2. A statement of the specific action that the municipality intends to take to alleviate the need for the moratorium. 66.1002(3)(a)3.3. Subject to par. (b), the length of time during which the moratorium is to be in effect. 66.1002(3)(a)4.4. A statement describing how and why the governing body decided on the length of time described in subd. 3. 66.1002(3)(a)5.5. A description of the area in which the ordinance applies.
