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. 66.1002(3)(a)6.6. An exemption for any activity specified under sub. (4) that would have no impact, or slight impact, on the problem giving rise to the need for the moratorium. 66.1002(3)(b)1.1. A development moratorium ordinance may be in effect only for a length of time that is long enough for a municipality to address the problem giving rise to the need for the moratorium but, except as provided in subd. 2., the ordinance may not remain in effect for more than 12 months. 66.1002(3)(b)2.2. A municipality may amend the ordinance one time to extend the moratorium for not more than 6 months if the municipality’s governing body determines that such an extension is necessary to address the problem giving rise to the need for the moratorium. 66.1002(3)(c)(c) A municipality may not enact a development moratorium ordinance unless it holds at least one public hearing at which the proposed ordinance is discussed. The public hearing must be preceded by a class 1 notice under ch. 985, the notice to be at least 30 days before the hearing. The municipality may also provide notice of the hearing by any other appropriate means. The class 1 notice shall contain at least all of the following: 66.1002(3)(c)2.2. A summary of the proposed development moratorium ordinance, including the location where the ordinance would apply, the length of time the ordinance would be in effect, and a statement describing the problem giving rise to the need for the moratorium. 66.1002(3)(c)3.3. The name and contact information of a municipal official who may be contacted to obtain additional information about the proposed ordinance. 66.1002(3)(c)4.4. Information relating to how, where, and when a copy of the proposed ordinance may be inspected or obtained before the hearing. 66.1002(4)(4) Applicability. A development moratorium ordinance enacted under this section applies to any of the following that is submitted to the municipality on or after the effective date of the ordinance: 66.1002 HistoryHistory: 2011 a. 144; 2025 a. 173. 66.100366.1003 Discontinuance of a public way. 66.1003(1)(1) In this section, “public way” means all or any part of a road, street, slip, pier, lane or paved alley. 66.1003(2)(2) The common council of any city, except a 1st class city, or a village or town board may discontinue all or part of a public way upon the written petition of the owners of all the frontage of the lots and lands abutting upon the public way sought to be discontinued, and of the owners of more than one-third of the frontage of the lots and lands abutting on that portion of the remainder of the public way which lies within 2,650 feet of the ends of the portion to be discontinued, or lies within so much of that 2,650 feet as is within the corporate limits of the city, village or town. The beginning and ending of an alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to s. 82.21. 66.1003(3)(3) The common council of any city, except a 1st class city, or a village or town board may discontinue all or part of an unpaved alley upon the written petition of the owners of more than 50 percent of the frontage of the lots and lands abutting upon the portion of the unpaved alley sought to be discontinued. The beginning and ending of an unpaved alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to s. 82.21. 66.1003(4)(a)(a) Notwithstanding subs. (2) and (3), proceedings covered by this section may be initiated by the common council or village or town board by the introduction of a resolution declaring that since the public interest requires it, a public way or an unpaved alley is vacated and discontinued. No discontinuance of a public way under this subsection may result in a landlocked parcel of property. 66.1003(4)(b)(b) A hearing on the passage of a resolution under par. (a) shall be set by the common council or village or town board on a date which shall not be less than 40 days after the date on which the resolution is introduced. Notice of the hearing shall be given as provided in sub. (8) (b), except that in addition notice of the hearing shall be served on the owners of all of the frontage of the lots and lands abutting upon the public way or unpaved alley sought to be discontinued in a manner provided for the service of summons in circuit court at least 30 days before the hearing. When service cannot be made within the city, village or town, a copy of the notice shall be mailed to the owner’s last-known address at least 30 days before the hearing. 66.1003(4)(c)(c) Except as provided in this paragraph, no discontinuance of the whole or any part of a public way may be ordered under this subsection if a written objection to the proposed discontinuance is filed with the city, village or town clerk by any of the owners abutting on the public way sought to be discontinued or by the owners of more than one-third of the frontage of the lots and lands abutting on the remainder of the public way which lies within 2,650 feet from the ends of the public way proposed to be discontinued or which lies within that portion of the 2,650 feet that is within the corporate limits of the city, village or town. If a written objection is filed, the discontinuance may be ordered only by the favorable vote of two-thirds of the members of the common council or village or town board voting on the proposed discontinuance. An owner of property abutting on a discontinued public way whose property is damaged by the discontinuance may recover damages as provided in ch. 32. The beginning and ending of an alley shall be considered to be within the block in which it is located. 66.1003(4)(d)(d) No discontinuance of an unpaved alley shall be ordered if a written objection to a proposed discontinuance is filed with the city, village or town clerk by the owner of one parcel of land that abuts the portion of the alley to be discontinued and if the alley provides the only access to off-street parking for the parcel of land owned by the objector. 66.1003(5)(5) For the purpose of this section, the narrowing, widening, extending or other alteration of any road, street, lane or alley does not constitute a discontinuance of any part of the former road, street, lane or alley, including any right-of-way, which is included within the right-of-way for the new road, street, lane or alley. 66.1003(6)(6) Whenever any of the lots or lands subject to this section is owned by the state, county, city, village or town, or by a minor or incompetent person, or the title to the lots or lands is held in trust, petitions for discontinuance or objections to discontinuance may be signed by the governor, chairperson of the board of supervisors of the county, mayor of the city, president of the village, chairperson of the town board, guardian of the minor or incompetent person, or the trustee, respectively, and the signature of any private corporation may be made by its president, secretary or other principal officer or managing agent. 66.1003(7)(7) The city council or village or town board may by resolution discontinue any alley or any portion of an alley which has been abandoned, at any time after the expiration of 5 years from the date of the recording of the plat by which it was dedicated. Failure or neglect to work or use any alley or any portion of an alley for a period of 5 years next preceding the date of notice provided for in sub. (8) (b) shall be considered an abandonment for the purpose of this section. 66.1003(8)(a)(a) Upon receiving a petition under sub. (2) or (3) or upon the introduction of a resolution under sub. (4), the city, village, town, or county shall deliver a copy of the petition or resolution to all of the following: 66.1003(8)(a)1.1. The secretary of transportation, if the public way or unpaved alley that is the subject of the petition or resolution is located within one-quarter mile of a state trunk highway or connecting highway. 66.1003(8)(a)2.2. The commissioner of railroads, if there is a railroad highway crossing within the portion of the public way that is the subject of the petition or resolution. 66.1003(8)(b)(b) Notice stating when and where the petition or resolution under this section will be acted upon and stating what public way or unpaved alley is proposed to be discontinued shall be published as a class 3 notice under ch. 985. 66.1003(9)(9) In proceedings under this section, s. 840.11 shall be considered as a part of the proceedings. 66.1003(10)(10) Notwithstanding ss. 82.10 and 82.21, no city council or county, village, or town board may discontinue a highway when the discontinuance would deprive a landowner or a public school of all access to a highway. 66.1003 HistoryHistory: 1973 c. 189 s. 20; Sup. Ct. Order, 67 Wis. 2d 585, 774 (1975); 1975 c. 46; 1993 a. 184, 246, 491; 1995 a. 239; 1999 a. 150 ss. 265, 337 to 343; Stats. 1999 s. 66.1003; 2003 a. 214; 2009 a. 107, 223. 66.1003 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes. 66.1003 Cross-referenceCross-reference: See s. 236.43 for other provisions for vacating streets. 66.1003 AnnotationThe enactment of s. 66.296 (2m) [now sub. (5)] did not eliminate any vested rights of abutting property owners. Miller v. City of Wauwatosa, 87 Wis. 2d 676, 275 N.W.2d 876 (1979). 66.1003 AnnotationAn abutting property owner under s. 66.296 (2) (c) [now sub. (4) (c)] at the very least must be somehow supporting or sustaining travel on the street. Voss v. City of Middleton, 162 Wis. 2d 737, 470 N.W.2d 625 (1991). 66.1003 AnnotationThe plain language of this section unambiguously shows that a town has authority to proceed under sub. (3) to vacate unpaved alley segments, even when considered in conjunction with ch. 236, which provides for county vacation of platted alleys in towns. The legislature could have exempted roads and alleys that fall under ch. 236, but it did not. That omission shows that the legislature did not intend for ch. 236 to be the exclusive means of dealing with unpaved alleys in recorded plats. Smerz v. Delafield Town Board, 2011 WI App 41, 332 Wis. 2d 189, 796 N.W.2d 852, 10-1186. 66.1005(1)(1) When any highway or public ground acquired or held for highway purposes is discontinued, the land where the highway or public ground is located shall belong to the owner or owners of the adjoining lands. If the highway or public ground is located between the lands of different owners, it shall be annexed to the lots to which it originally belonged if that can be ascertained. If the lots to which the land originally belonged cannot be ascertained, the land shall be equally divided between the owners of the lands on each side of the highway or public ground.
