December 8, 2023 - Introduced by Representatives Hurd, Krug, Macco, Mursau,
O'Connor, Petryk, Schmidt, Wittke and Rozar, cosponsored by Senators
Testin, James, Quinn, Stafsholt and Wanggaard. Referred to Committee on
Local Government.
AB768,1,4 1An Act to amend 62.23 (7a) (a) and 236.02 (5); and to create 60.10 (1) (h),
266.0217 (14) (c) and 66.0813 (7) of the statutes; relating to: water and
3sewerage system connections and annexation of territory and extraterritorial
4zoning in certain towns.
Analysis by the Legislative Reference Bureau
This bill allows certain towns to designate themselves as “urban towns,” a
designation that would limit the effect of extraterritorial zoning and plat approval
and annexation by other municipalities. The bill also requires local governments to
allow connection, with certain limited exceptions, to their water or sewerage systems
by certain other local governments.
Under the bill, a town that meets all of the following may designate itself as an
“urban town” upon approval by the town meeting:
1. The town has a population of more than 5,000 and a population density of
750 persons in any one square mile.
2. The town provides law enforcement service.
3. The town has enacted a subdivision ordinance.
4. The town has enacted a zoning ordinance or is subject to county zoning.
Under the bill, a town that has been designated as an urban town is not subject
to extraterritorial zoning or extraterritorial plat approval by a neighboring city or
village. Also under the bill, certain significantly developed territory of an urban town
may not be annexed to a city or village except by unanimous approval of all of the
property owners of the property to be annexed. The territory covered by this

limitation is territory in the urban town that is within three miles of the corporate
limits of a first, second, or third class city, or one and one-half miles of a fourth class
city or a village if 1) the territory has an average of more than 30 housing units per
quarter section or 2) the territory has an assessed value, more than 25 percent of
which is attributable to existing or potential mercantile, manufacturing, or public
utility uses.
The bill also requires certain governmental units (cities, villages, and sanitary
or utility districts located in cities and villages) to allow connection with limited
exceptions to their sewer or water systems by urban towns (urban towns and
sanitary or utility districts located in urban towns), and vice versa. Specifically,
under the bill, an urban town may request the extension or connection of water or
sewer service from an adjacent governmental unit by filing a written request for
connection. The governmental unit may disapprove a request only if its water or
sewerage system does not have sufficient capacity to serve the area that is the subject
of the request as of the date of the filing. Likewise, a governmental unit may request
an extension or connection to the sewer or water system of an urban town and the
request must be approved unless the system does not have sufficient capacity to
serve the area covered by the request. The bill also provides that a landowner may
request a lateral connection to the water or sewerage system of a governmental unit
or urban town. A request of this sort may also be denied only upon a determination
of insufficient capacity.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB768,1 1Section 1. 60.10 (1) (h) of the statutes is created to read:
AB768,2,32 60.10 (1) (h) Urban town designation. Designate the town as an urban town
3if all of the following apply:
AB768,2,54 1. The town has a population of more than 5,000 and a population density of
5750 persons in any one square mile.
AB768,2,76 2. The town provides law enforcement service in one of the manners provided
7under s. 60.56 (1) (a) 1. to 4.
AB768,2,88 3. The town has enacted a subdivision ordinance under s. 236.45 (2) (ac).
AB768,2,109 4. The town has enacted a zoning ordinance under s. 60.61 or 60.62 or is subject
10to county zoning under s. 59.69.
AB768,2
1Section 2. 62.23 (7a) (a) of the statutes is amended to read:
AB768,3,232 62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated
3area, other than qualified urban town territory, as defined in s. 66.0217 (14) (c) 1.,
4within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles
5of a fourth class city or a village. The unincorporated area subject to extraterritorial
6zoning jurisdiction includes areas that are either surrounding or entirely
7surrounded by a single city or village. Wherever extraterritorial zoning jurisdictions
8overlap, the provisions of s. 66.0105 shall apply and any subsequent alteration of the
9corporate limits of the city by annexation, detachment or consolidation proceedings
10shall not affect the dividing line as initially determined under s. 66.0105. The
11governing body of the city shall specify by resolution the description of the area to
12be zoned within its extraterritorial zoning jurisdiction sufficiently accurate to
13determine its location and such area shall be contiguous to the city. The boundary
14line of such area shall follow government lot or survey section or fractional section
15lines or public roads, but need not extend to the limits of the extraterritorial zoning
16jurisdiction. Within 15 days of the adoption of the resolution the governing body
17shall declare its intention to prepare a comprehensive zoning ordinance for all or part
18of its extraterritorial zoning jurisdiction by the publication of the resolution in a
19newspaper having general circulation in the area proposed to be zoned, as a class 1
20notice, under ch. 985. The city clerk shall mail a certified copy of the resolution and
21a scale map reasonably showing the boundaries of the extraterritorial jurisdiction
22to the clerk of the county in which the extraterritorial jurisdiction area is located and
23to the town clerk of each town, any part of which is included in such area.
AB768,3 24Section 3. 66.0217 (14) (c) of the statutes is created to read:
AB768,4,5
166.0217 (14) (c) 1. In this paragraph, “qualified urban town territory” means
2the territory of an urban town designated under s. 60.10 (1) (h) that is within 3 miles
3of the corporate limits of a 1st, 2nd, or 3rd class city, or 1.5 miles of a 4th class city
4or a village if any of the following applies to the entire territory of the urban town
5satisfying the proximity requirement under this subd. 1. (intro.):
AB768,4,96 a. The territory has an average of more than 30 housing units per quarter
7section, excluding any mercantile, manufacturing, public utility developed areas,
8publicly owned land, and areas where residential development is impracticable due
9to geographic features, perpetually restricted development rights, or state law.
AB768,4,1210 b. The territory has an assessed value for real estate tax purposes, more than
1125 percent of which is attributable to existing or potential mercantile,
12manufacturing, or public utility uses.
AB768,4,1413 2. No qualified urban town territory may be annexed to a city or village unless
14the annexation is by unanimous approval under sub. (2).
AB768,4 15Section 4. 66.0813 (7) of the statutes is created to read:
AB768,4,1616 66.0813 (7) (a) In this subsection:
AB768,4,1717 1. “Commission" means the public service commission.
AB768,4,2118 2. “Governmental unit" means a city or village that owns, operates, manages,
19or controls a water or sewerage system or a sanitary or utility district that owns,
20operates, manages, or controls a water or sewerage system that is located, in whole
21or in part, in a city or village.
AB768,4,2422 3. “Lateral" means the water or sewer lateral or service pipes to be constructed
23or located from the lot line or near the lot line to the main or from the lot line to the
24building to be serviced, or both.
AB768,5,4
14. “Sewerage system" means all structures, conduits, pipelines, and
2appurtenances by which sewage, storm water, or surface water are collected,
3transported, pumped, treated, and disposed of, except plumbing inside and in
4connection with buildings served, and service pipes from building to street main.
AB768,5,85 5. “Urban town" means an urban town designated under s. 60.10 (1) (h) that
6owns, operates, manages, or controls a water or sewerage system or a sanitary or
7utility district that owns, operates, manages, or controls a water or sewerage system
8that is located, in whole or in part, in an urban town.
AB768,5,119 6. “Water system" means all structures, conduits, and appurtenances by means
10of which water is delivered to consumers, except piping and fixtures inside buildings
11served and service pipes from building to street main.
AB768,5,1812 (b) 1. Notwithstanding subs. (1) and (3) to (5), an urban town may request the
13extension or connection of water or sewer service from an adjacent governmental
14unit by filing a written request for connection with the governmental unit's clerk or,
15if the governmental unit does not have a clerk, the governmental unit's secretary.
16The urban town shall specify in its request the area that will be served by the
17extension or connection. The urban town may specify the point on the water or
18sewerage system from which service is to be extended or connected.
AB768,5,2519 2. A governmental unit shall make a written determination approving or
20denying a request under subd. 1. within 45 days of receiving the request. The
21governmental unit may disapprove a request under subd. 1. only if its water or
22sewerage system does not have sufficient capacity to serve the area that is the subject
23of the request as of the date of the filing under subd. 1. The system shall be
24considered to have sufficient capacity if the urban town agrees to pay for the
25expansion of the system to accommodate the request.
AB768,6,7
13. An urban town may appeal a denial under subd. 2. to the commission. The
2commission may include in its decision conditions on the extension or connection of
3service to ensure that costs resulting from the extension or connection are borne by
4the users causing the costs and that the connection point is reasonable. The urban
5town or the governmental unit may appeal the decision of the commission to the
6circuit court for the county in which the proposed extension or connection would
7occur.
AB768,6,118 4. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
9the portion of the water or sewerage system located in the urban town shall be owned
10and maintained by the urban town unless the urban town and the governmental unit
11agree otherwise.
AB768,6,1812 5. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
13the governmental unit may charge benefited landowners in the urban town a fee that
14bears a reasonable relationship to the costs incurred by the governmental unit in
15providing the water or sewer service to those benefited properties. A fee is
16unreasonable under this subdivision if it does not directly arise out of the
17governmental unit's cost or if it is not proportionate to what a similarly situated
18parcel in the governmental unit would be charged for the same service.
AB768,6,2119 6. The cost of an urban town's construction and connection of its water or
20sewerage system to a governmental unit's water or sewerage system pursuant to an
21approval under subd. 2. or 3. is the responsibility of the urban town.
AB768,7,322 (c) 1. Notwithstanding subs. (1) and (3) to (5), a governmental unit may request
23the extension or connection of water or sewer service from an adjacent urban town
24by filing a written request for connection with the urban town's clerk, or if the urban
25town does not have a clerk, the urban town's secretary. The governmental unit shall

1specify in its request the area that will be served by the extension or connection. The
2governmental unit may specify the point on the water or sewerage system from
3which service is to be extended or connected.
AB768,7,104 2. An urban town shall make a written determination approving or denying a
5request under subd. 1. within 45 days of receiving the request. The urban town may
6disapprove a request under subd. 1. only if its water or sewerage system does not
7have sufficient capacity to serve the area that is the subject of the request as of the
8date of the filing under subd. 1. The system shall be considered to have sufficient
9capacity if the governmental unit agrees to pay for the expansion of the system to
10accommodate the request.
AB768,7,1611 3. A governmental unit may appeal a denial under subd. 2. to the commission.
12The commission may include in its decision conditions on the extension or connection
13of service to ensure that costs resulting from the extension or connection are borne
14by the users causing the costs and that the connection point is reasonable. The urban
15town or governmental unit may appeal the decision of the commission to the circuit
16court for the county in which the proposed extension or connection would occur.
AB768,7,2017 4. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
18the portion of the water or sewerage system located in the governmental unit shall
19be owned and maintained by the governmental unit unless the urban town and the
20governmental unit agree otherwise.
AB768,8,221 5. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
22the urban town may charge benefited landowners in the governmental unit a fee that
23bears a reasonable relationship to the costs incurred by the urban town in providing
24the water or sewer service to those benefited properties. A fee is unreasonable if it

1does not directly arise out of the urban town's cost or if it is not proportionate to what
2a similarly situated parcel in the urban town would be charged for the same service.
AB768,8,53 6. The cost of construction and connection of the water or sewerage system of
4a governmental unit to an urban town's water or sewerage system pursuant to an
5approval under subd. 2. or 3. is the responsibility of the governmental unit.
AB768,8,106 (d) 1. Notwithstanding subs. (1) and (3) to (5), a landowner may request a
7lateral connection to the water or sewerage system of a governmental unit or urban
8town by filing a written request for connection with the clerk of the governmental
9unit or urban town or, if the governmental unit or urban town does not have a clerk,
10the governmental unit's secretary.
AB768,8,1711 2. A governmental unit or urban town shall make a written determination
12approving or denying a request under subd. 1. within 45 days of receiving the
13request. The governmental unit or urban town may disapprove a request under
14subd. 1. only if its water or sewerage system does not have sufficient capacity to serve
15the landowner as of the date of the filing under subd. 1. The system shall be
16considered to have sufficient capacity if the landowner agrees to pay for the
17expansion of the system to accommodate the request.
AB768,8,2318 3. A landowner may appeal a denial under subd. 2. to the commission. The
19commission may include in its decision conditions on the lateral connection to ensure
20that costs resulting from the lateral connection are borne by the landowner. The
21landowner or the governmental unit or urban town may appeal the decision of the
22commission to the circuit court for the county in which the proposed lateral
23connection would occur.
AB768,9,524 4. Upon connection pursuant to an approval under subd. 2. or 3., the
25governmental unit or urban town may charge the landowner a fee that bears a

1reasonable relationship to the costs incurred by the governmental unit or urban town
2in providing the water or sewer service to the landowner's property. A fee is
3unreasonable if it does not directly arise out of the governmental unit's or urban
4town's cost or if it is not proportionate to what a similarly situated parcel in the
5governmental unit or urban town would be charged for the same service.
AB768,9,116 5. The cost of constructing and installing the lateral connection to the water or
7sewerage system of the governmental unit or urban town pursuant to an approval
8under subd. 2. or 3. is the responsibility of the landowner. The governmental unit
9or urban town may charge the landowner a lateral connection fee that is equivalent
10to the lateral connection fee that would be charged to a similarly situated parcel in
11the governmental unit or urban town.
AB768,9,1412 6. A governmental unit or urban town may not prohibit a lateral connection
13under this paragraph except for prior nonpayment of water or sewer charges by the
14landowner.
AB768,9,1715 (e) An intergovernmental cooperation agreement may not include a limitation
16on the ability of an urban town to seek or obtain extension or connection of water or
17sewer service under par. (b).
AB768,5 18Section 5. 236.02 (5) of the statutes is amended to read:
AB768,9,2219 236.02 (5) “Extraterritorial plat approval jurisdiction" means the
20unincorporated area, other than qualified urban town territory, as defined in s.
2166.0217 (14) (c) 1.,
within 3 miles of the corporate limits of a first, second or third class
22city, or 1 1/2 miles of a fourth class city or a village.
AB768,9,2323 (End)
Loading...
Loading...