SB247: Bill Text

2025 - 2026 LEGISLATURE

LRB-0105/1

EVM&KRP:amn&wlj

2025 SENATE BILL 247

May 9, 2025 - Introduced by Senators Roys, Ratcliff, Wall and Keyeski, cosponsored by Representatives Hong, Tenorio, Snodgrass, Rivera-Wagner, Brown, Palmeri, Bare, Roe and DeSmidt. Referred to Committee on Insurance, Housing, Rural Issues and Forestry.

SB247,1,2 An Act to create 59.69 (16), 60.61 (3o), 62.23 (7) (j), 710.18 (8) and 710.26 of the statutes; relating to: local and private regulation of accessory dwelling units.

Analysis by the Legislative Reference Bureau

This bill requires political subdivisions with zoning ordinances to allow as a use permitted by right at least one accessory dwelling unit (ADU) on each parcel on which single-family or multi-family residential use is a use permitted by right. The bill also prohibits political subdivisions from doing any of the following:

1. Charging fees, other than standard building permit fees, related to the addition of an ADU to a parcel.

2. Providing dimensional, physical, design, or locational requirements that apply to ADUs, but do not apply to single-family dwellings.

3. Providing standards, other than standards relating to habitability, that apply to ADUs but do not apply to other accessory structures.

4. Imposing any additional parking requirements to parcels on the basis of the existence of an ADU.

5. Requiring the installation of a separate utility connection to an ADU.

The bill also provides that any covenant, restriction, or condition contained in a deed or other instrument affecting real property that prohibits or unreasonably restricts the construction, maintenance, or use of an ADU is void and unenforceable and prohibits a homeowners’ association from restricting or preventing the construction, maintenance, or use of an ADU, except to the extent necessary to protect public health and safety.

Because this bill may increase or decrease, directly or indirectly, the cost of the development, construction, financing, purchasing, sale, ownership, or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.

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:

SB247,1 Section 1. 59.69 (16) of the statutes is created to read:

SB247,2,7 59.69 (16) Accessory dwelling units. (a) In this subsection, “accessory dwelling unit” means a residential dwelling unit that is located on the same parcel as an existing single-family or multi-family dwelling and that provides complete independent living facilities for one or more persons. An accessory dwelling unit may be within, attached to, or detached from an existing or planned single-family or multi-family dwelling.

SB247,2,12 (b) Notwithstanding sub. (4) and subject to par. (c), an ordinance under this section shall allow as a use permitted by right at least one accessory dwelling unit on each parcel on which single-family or multi-family residential use is a use permitted by right. In this paragraph, “use permitted by right” does not include a use that is subject to a conditional use permit.

SB247,2,16 (c) For accessory dwelling units located on the same parcel as another single- family dwelling, an ordinance under this section may limit the size of an accessory dwelling unit to not larger than 75 percent of the existing square footage of the existing single-family dwelling on the same parcel.

SB247,2,18 (d) Except as provided in par. (c), an ordinance under this section may not do any of the following:

SB247,3,2 1. Charge fees, other than standard building permit fees, related to the addition of an accessory dwelling unit to a parcel.

SB247,3,4 2. Provide dimensional, physical, design, or locational requirements that apply to accessory dwelling units, but do not apply to single-family dwellings.

SB247,3,6 3. Provide standards, other than standards relating to habitability, that apply to accessory dwelling units but do not apply to other accessory structures.

SB247,3,8 4. Impose any additional parking requirements to parcels on the basis of the existence of an accessory dwelling unit.

SB247,3,10 5. Require the installation of a separate utility connection to an accessory dwelling unit.

SB247,2 Section 2. 60.61 (3o) of the statutes is created to read:

SB247,3,17 60.61 (3o) Accessory dwelling units. (a) In this subsection, “accessory dwelling unit” means a residential dwelling unit that is located on the same parcel as an existing single-family or multi-family dwelling and that provides complete independent living facilities for one or more persons. An accessory dwelling unit may be within, attached to, or detached from an existing or planned single-family or multi-family dwelling.

SB247,3,22 (b) Notwithstanding sub. (2) and subject to par. (c), a town with a zoning ordinance under this section shall allow as a use permitted by right at least one accessory dwelling unit on each parcel on which single-family or multi-family residential use is a use permitted by right. In this paragraph, “use permitted by right” does not include a use that is subject to a conditional use permit.

SB247,4,2 (c) For accessory dwelling units located on the same parcel as another single- family dwelling, a town with a zoning ordinance under this section may limit the size of an accessory dwelling unit to not larger than 75 percent of the existing square footage of the existing single-family dwelling on the same parcel.

SB247,4,4 (d) Except as provided in par. (c), a town with a zoning ordinance under this section may not do any of the following:

SB247,4,6 1. Charge fees, other than standard building permit fees, related to the addition of an accessory dwelling unit to a parcel.

SB247,4,8 2. Provide dimensional, physical, design, or locational requirements that apply to accessory dwelling units, but do not apply to single-family dwellings.

SB247,4,10 3. Provide standards, other than standards relating to habitability, that apply to accessory dwelling units but do not apply to other accessory structures.

SB247,4,12 4. Impose any additional parking requirements to parcels on the basis of the existence of an accessory dwelling unit.

SB247,4,14 5. Require the installation of a separate utility connection to an accessory dwelling unit.

SB247,3 Section 3. 62.23 (7) (j) of the statutes is created to read:

SB247,4,21 62.23 (7) (j) Accessory dwelling units. 1. In this paragraph, “accessory dwelling unit” means a residential dwelling unit that is located on the same parcel as an existing single-family or multi-family dwelling and that provides complete independent living facilities for one or more persons. An accessory dwelling unit may be within, attached to, or detached from an existing or planned single-family or multi-family dwelling.

SB247,5,2 2. Notwithstanding par. (b) and subject to subd. 3., a city that has a zoning ordinance under this subsection shall allow as a use permitted by right at least one accessory dwelling unit on each parcel on which single-family or multi-family residential use is a use permitted by right. In this subdivision, “use permitted by right” does not include a use that is subject to a conditional use permit.

SB247,5,6 3. For accessory dwelling units located on the same parcel as another single- family dwelling, a city may limit the size of an accessory dwelling unit to not larger than 75 percent of the existing square footage of the existing single-family dwelling on the same parcel.

SB247,5,7 4. Except as provided in subd. 3., a city may not do any of the following:

SB247,5,9 a. Charge fees, other than standard building permit fees, related to the addition of an accessory dwelling unit to a parcel.

SB247,5,11 b. Provide dimensional, physical, design, or locational requirements that apply to accessory dwelling units, but do not apply to single-family dwellings.

SB247,5,13 c. Provide standards, other than standards relating to habitability, that apply to accessory dwelling units but do not apply to other accessory structures.

SB247,5,15 d. Impose any additional parking requirements to parcels on the basis of the existence of an accessory dwelling unit.

SB247,5,17 e. Require the installation of a separate utility connection to an accessory dwelling unit.

SB247,4 Section 4. 710.18 (8) of the statutes is created to read:

SB247,5,24 710.18 (8) Limitations on association regulations; accessory dwelling units. (a) Except as provided in par. (b), the association for a residential planned community may not adopt or enforce covenants and restrictions or any other rule or regulation, and may not enter into an agreement, that restricts or prevents the construction, maintenance, or use of an accessory dwelling unit allowed under s. 59.69 (16), 60.61 (3o), or 62.23 (7) (j).

SB247,6,4 (b) The association for a residential planned community may adopt and enforce covenants and restrictions or any other rule or regulation, or may enter into an agreement, related to accessory dwelling units that is necessary to protect public health and safety.

SB247,5 Section 5. 710.26 of the statutes is created to read:

SB247,6,10 710.26 Prohibiting accessory dwelling units prohibited. Any covenant, restriction, or condition contained in a deed or other instrument affecting real property that prohibits or unreasonably restricts the construction, maintenance, or use of an accessory dwelling unit allowed under s. 59.69 (16), 60.61 (3o), or 62.23 (7) (j) is void and unenforceable.

SB247,6 Section 6. Nonstatutory provisions.

SB247,6,15 (1) Legislative intent statement. The legislature finds that any private law device such as a covenant, restriction, or condition contained in a deed or other instrument that has the effect of prohibiting the construction of an accessory dwelling unit on a single-family parcel is contrary to public policy.

SB247,7 Section 7. Initial applicability.