The following statutes affect this form: s. 88.94, Wis. stats. To the [drainage board or supervisors] of the Town of ________, ________ County, Wisconsin:
Your petitioner desires to drain agricultural land, not exceeding 80 acres, owned by the petitioner. Because of the lay of the land, there is no suitable outlet for drainage on petitioner’s land. The proposed drain will promote the general welfare and health of the community. It is impractical for petitioner to drain the land without crossing the land of others.
Therefore, ________ ________ petitions you to lay out a suitable drain and outlet as shown in the attached map, which map is made part of this petition. [The map should show and describe: 1. The land of the petitioner. 2. The names of the other landowners. 3. A description of the lands of others over which the drain will extend. 4. The location and kind of drain.]
The land that the petitioner desires to drain is described as follows: [here describe the land as in a deed]. The drain will cross [describe the land] owned by ________ ________ and [describe the land] owned by ________ ________.
Dated this ______ day of ________, 20__.
[Signature of petitioner]
The following statutes affect this form: s. 88.94, Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
Notice of Hearing
Notice is hereby given by the supervisors of the Town of ________, ________ County, Wisconsin, that the petition of ________ ________ to lay out a drain and outlet, pursuant to s. 88.94, Wis. stats., as shown in the map attached to the petition on file with the town will be heard by them on ________ ___, 20__, at ________ __.m. [insert time], at ________ [insert place of hearing]. Dated this ______ day of ________, 20__.
[Signatures of town board]
Note: This petition may be presented to the town supervisors of the town only if there is no drainage board in the county.
Notice shall be given under s. 88.05, Wis. stats., to the owners and occupants of all lands through or along which the drain may pass and to the persons specified in s. 88.05 (4) (a), Wis. stats. The following statutes affect this form: s. 93.90, Wis. stats. Note: The Wisconsin Department of Agriculture, Trade and Consumer Protection has created a website that provides information on all aspects of livestock facility siting in Wisconsin, at:
Note: This DATCP website specifically includes material regarding local implementation including model zoning and licensing ordinances at:
The following statutes affect this form: s. 101.65, Wis. stats. Note: The Department of Safety and Professional Services, Division of Industry Services Programs, has created the Model Ordinance for Adoption of Wisconsin Uniform Dwelling Code, which covers adoption of the Uniform Dwelling Code, appointment of an inspector, requiring a permit and imposing a fee, and assessing a penalty. Electronic copies may be downloaded from the Department of Safety and Professional Services website at:
The following statutes affect this form: s. 157.50, Wis. stats. (ONLY for use by towns authorized to exercise VILLAGE POWERS under s. 60.22, Wis. stats.) STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this Ordinance is the “Town of ________ Town Cemetery Ordinance.” The purpose of this Ordinance is to regulate the construction, management, operation, and platting of cemeteries, the burial of human corpses, and other cemetery uses and activities in the town.
SECTION II – AUTHORITY
The Town Board of the Town of ________ has the specific authority under s. 157.50 (2), Wis. stats., and general authority under its village powers under s. 60.22, Wis. stats., to adopt this ordinance. SECTION III – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation of the construction, management, operation, and platting of cemeteries and the burial of human corpses and other cemetery uses and activities in the town, including cemeteries that are not owned, operated, or controlled directly by the town.
SECTION IV – DEFINITIONS
In this ordinance:
A. “Burial” means entombment, inurnment, or interment and “bury” means to entomb, inurn, or inter.
B. “Cemetery” means any location for burial of human remains in the town.
C. “Human remains” means the body of a deceased individual that is in any stage of decomposition or has been cremated.
D. “Lot” means a single grave lot platted in accordance with Section VI, whether or not occupied by a grave.
E. “Outer burial container” means any container that is placed or intended to be placed into the burial excavation of a grave and into which a casket is placed or intended to be placed at the time of burial.
F. “Sexton” means a town employee or independent contractor employed or retained by the town board to administer, repair, maintain, manage, and operate a town cemetery or any part of the operations of a town cemetery consistent with this ordinance. In the event no person is specifically designated as “sexton” by the town board, “sexton” means any person or committee designated to act administratively and to manage, operate, maintain, and provide care for the town cemetery or any part of the operations or of any town cemetery pursuant to this ordinance.
G. “Town” means the Town of ________, ________, County, Wisconsin.
H. “Town board” means the board of supervisors for the Town of ________, ________ County, Wisconsin, and includes designees of the board authorized to act for the board.
I. “Town cemetery” means a municipal cemetery owned, operated, and maintained by the Town of ________, ________ County, Wisconsin, under s. 157.50, Wis. stats., that is located within the town. J. “Town chair” means the chairperson of the Town of ________, ________ County, Wisconsin.
K. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
L. “Town treasurer” means the treasurer of the Town of ________, ________ County, Wisconsin.
M. “Wis. stats.” means the Wisconsin Statutes, including successor provisions to cited statutes.
SECTION V – SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI – STATEMENT OF POLICY
Every town cemetery is owned, operated, directly controlled, and maintained by the town for the benefit of all citizens. Persons of all denominations of all religions, sexes, creeds, and races, shall be allowed to be buried in a town cemetery. This ordinance, adopted pursuant to s. 157.50 (2), Wis. stats., governs the construction, management, administration, platting, maintenance, and operation of any town cemetery and of any new cemetery or expanded cemetery of any other type in the town, including cemeteries operated by associations, religious orders and societies, and privately owned, controlled, operated, and maintained cemeteries. SECTION VII – NEW BURIALS, CEMETERIES, AND CEMETERY LOTS AND NEW OR EXPANDED CEMETERY OPERATIONS
A. Platting. Before any new block of any existing town cemetery or any other new or expanded cemetery in the town is opened for the sale of cemetery lots for burial of human remains after the effective date of this ordinance, the town board or the sexton for a town cemetery and any person or agent for any other cemetery in the town that is subject to s. 157.065, Wis. stats., shall cause the blocks and lots to be platted and recorded in the Office of the Register of Deeds for ________ County, Wisconsin, in accordance with s. 157.065, Wis. stats. B. Single grave section. The town board or the sexton shall designate, for any town cemetery, certain lots as a single grave section, and the lots within each grave section shall be platted and sold as single-grave lots. Unused portions of grave sections repossessed under ch. 157, Wis. stats., for nonpayment of assessments for care shall likewise be designated and sold as single-grave lots. C. Purchase of new lands. The town board or the sexton shall not purchase any land for cemetery purposes without approval of the electors of the town at a regular or special town meeting.
D. New or expanded cemeteries. 1. No person or authorized agent of any cemetery may conduct any burial, or construct, manage, plat, or operate any new or expanded cemetery of any type in the town, after the date of adoption of this ordinance, without written permit approval of the town board. Approval, approval on condition, or denial of a permit shall only be made after a public hearing with a class 2 notice under ch. 985, Wis. stats. Any new or expanded cemetery to be approved by the town board shall be, at minimum, properly platted and filed with the town clerk and recorded in the Office of the Register of Deeds for ________ County, Wisconsin. No cemetery shall be located, established, or dedicated contrary to s. 157.065 or 157.128, Wis. stats. The minimum cemetery acreage must be at least _____ contiguous acres at platting dedication. No cemetery shall be located, established, or dedicated in violation of a town, county, or other zoning ordinance. The town board may require that the following criteria be met for approvals of permits: [list]. 2. After the date of adoption of this ordinance, any place in the town where human remains are buried on private or public land without written permit approval of the town board and not timely removed within _____ [state time limit] days after receipt of written notice from the town board to remove said remains is declared to be a public nuisance. In addition to commencing an action for penalties as provided in this ordinance, the town may take action to abate the nuisance and recover its costs of doing so, as provided in the town Public Nuisance Ordinance.** This paragraph does not apply to any established cemetery or burial site grounds approved, owned, and operated in accordance with ch. 157, Wis. stats., and this ordinance. SECTION VIII – PURCHASE OF LOTS IN TOWN CEMETERY
A. Price of lots. The town board shall from time to time by resolution fix a price on all lots to be sold for burials in any town cemetery.
B. Sales of lots. 1. Persons, or their authorized agents, desiring to purchase a lot in any town cemetery for burial are referred to the town board, town clerk, or sexton. The town board, town clerk, or sexton shall have available suitable plats showing size and price of lots, and any other information that may be required, and render assistance to those desiring to make lot purchases. The town board, town clerk, or sexton shall issue a lot order for a selected lot to the prospective purchaser, or his or her agent, who shall present the order at the office of the town clerk. Upon receipt of proper payment to the town treasurer, the town chair and town clerk shall issue a cemetery lot deed to the lot in the form prescribed by the town attorney. The original deed from the town and the records of the cemetery kept by the town clerk or other designee of the town board are the only evidence of title to any lot. The deed shall be signed by the town clerk and town chair or other persons so designated by the town board and sealed and acknowledged so as to entitle the purchaser to record the deed with the Register of Deeds for ________ County, Wisconsin.
2. Persons conveying any cemetery lot in any town cemetery shall comply with s. 157.08, Wis. stats., and this ordinance. SECTION IX – OWNERSHIP RIGHTS OF BURIAL IN TOWN CEMETERY
A. Ownership conditions. 1. The owner of a town cemetery lot, or his or her authorized agent, shall have the right to use a lot or portion of a lot for burial purposes only in accordance with the terms of this ordinance or any town cemetery bylaws and regulations.
2. Upon full payment by any person of the purchase price of a town cemetery lot, the town clerk and town chair shall issue a cemetery lot deed, under seal, as provided in Section VIII, subsection B., and a copy of the deed shall be filed in the records of the town as evidence of ownership of the lot. Lots for which lot deeds have been issued by the town may not be subdivided except by consent in writing of the town board.
3. All repossessed vacant lots in any town cemetery when resold are subject to the same fees and charges as other unoccupied lots.
B. Burial. 1. In this subsection, “relative” means a parent, grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law, brother-in-law or sister-in-law, uncle or aunt, and nephew or niece.
2. Any lot owner at any town cemetery acquires the lot solely for the purpose of burial of the owner at the time of the owner’s death, and if the lot is owned jointly by spouses, either spouse is entitled to burial at that lot. The lot owner may grant written permission, which must be notarized and filed with the town clerk, for the burial of specific persons other than the owner and the owner’s spouse. If more than one person has an ownership interest in the lot, the written consent of all persons having an ownership interest in the lot is required to permit the burial of a person other than an owner or owner’s spouse.
3. Unless otherwise directed in a writing filed with the town clerk by the lot owner under paragraph 2, the town board or the sexton shall permit the burial of persons at any town cemetery lot at the request of any interested person upon proof of eligibility for burial at the cemetery lot as follows:
a. The lot owner, and surviving spouse of the lot owner, have the first right to burial or to direct the right of burial.
b. When there is no surviving spouse, the devisees or heirs of the owner may, by agreement in writing of all the heirs or devisees, determine who shall have the right of burial or direction for burial, which agreement shall be filed with the town clerk.
c. If no agreement under subdivision b. is filed, the town board or the sexton may determine use, giving preference to relatives in the order listed in paragraph 1.*
C. Ownership rights. All burial rights in the cemetery lots located at any town cemetery and purchased from the town shall occupy the same position as real estate at the death of the owner. Only persons whose names appear on the cemetery records of the town will be recognized as owners or part owners of lots. Lot owners may not allow burials to be made in their lots for any remuneration or financial consideration. In case of the death of a lot owner, when the cemetery lot is disposed of by a will, and when ownership is to be determined, a certified copy of the will or final judgment in the decedent’s estate must be delivered to the town clerk before the town will recognize the change of ownership. If the deceased lot owner left no will, satisfactory proof of descent must be provided. It is recommended that lot owners, in making their wills, include a provision covering the town cemetery lots and devise the lots to one person.
D. Resale. Lot owners may not resell or transfer lots or parts of lots in any town cemetery except as follows:
1. Reconveyance of lots or parts of lots may be made only upon written application filed with and approved by the town clerk. The application shall be executed by the owner of the lots, or, if the owner is deceased, by the legal heirs. The application shall state the lot and block number. Upon approval by the town clerk, the owner of the lot shall execute a deed in the same form as an original deed from the town under Section VIII, subsection B, so as to entitle the purchaser to record the deed with the Register of Deeds for ________ County, Wisconsin.
2. The town clerk shall enter in the record kept for that purpose copies of all deeds of transfer and reconveyance of cemetery lots. No deed reconveyance may be received and filed by the town clerk until a fee of $_____ has been paid therefor.
3. The fee shall be deposited into the general town municipal fund.
E. Reburial. 1. In this subsection, “reburial” means to disentomb, disinurn, or disinter human remains that are buried in a cemetery and reentomb, reinurn, or reinter the human remains in another grave, mausoleum space, or other place used or intended to be used for the burial of human remains that is located in the same cemetery.
2. Any reburial of any person buried in a town cemetery, or in any other cemetery in the town, shall comply with the provisions of s. 157.112, Wis. stats. Any person seeking reburial shall seek approval from the appropriate cemetery authority. A county authorization for disinterment and reinterment shall be required prior to any reburial under s. 69.18 (4), Wis. stats. F. Use of repossessed lots. Whenever possible, lots repossessed under ch. 157, Wis. stats., in any town cemetery will be resold and used for burials before new areas of the cemetery are used or platted. SECTION X – CARE OF LOTS AT THE TOWN CEMETERY
A. Perpetual care fund for town cemetery. In order to assure reliable means for permanent care of town cemeteries, a perpetual care fund is created for town cemeteries. Income from this fund shall provide all or partial maintenance costs of the town cemeteries. All lots sold in any town cemetery shall be charged a perpetual care fee included in the price of the lot and each grave shall be provided with perpetual care services under subsection B. A record of the perpetual care fund shall be kept in the office of the town clerk. The fund may be increased by gifts, bequests, a portion of memorial charges, and other service revenues. Gifts shall be received, kept, and maintained pursuant to s. 157.11 (8) and (9), Wis. stats. B. Perpetual care. The town assumes to use the net annual income received from the investments of the perpetual care fund under subsection A in furnishing perpetual care of graves in town cemeteries. Perpetual care is limited to the maintenance of lawn, leaf disposal, filling sunken graves, raising markers, and caring for avenues, alleys, fences, buildings, and grounds in general. Expenditures of income from the perpetual care fund shall be made at the discretion of the town board or the sexton. The town shall not be bound to make a separate investment of money set aside for perpetual care from a particular lot sale, but the proceeds of each lot sale shall be added to the perpetual care fund of the town and the proceeds from the fund used by the town as provided in this subsection. Nothing in this ordinance shall be construed as obligating the town as to any alleged existing contract as to perpetual care. The town board shall operate and maintain the town cemetery to provide proper and decent care of town cemeteries and the graves, and it may employ a sexton, staff, and any independent contractor necessary to provide such care.
C. Costs of care fixed. The town board shall annually fix, as required under s. 157.11 (5), Wis. stats., a sum necessary for the proper and decent care of graves and unoccupied cemetery lots and improvement of any town cemetery to be paid from the following sources as determined by the town board:
