Chapter 236

236.35   Sale of lands abutting on private way outside corporate limits of municipality.

SUBCHAPTER VIII

VACATING AND ALTERING PLATS

236.36   Replats.

236.40   Who may apply for vacation of plat.

236.41   How notice given.

236.42   Hearing and order.

236.43   Vacation or alteration of areas dedicated to the public.

236.44   Recording order.

236.445   Discontinuance of streets by county board.

SUBCHAPTER IX

SUBDIVISION REGULATION AND REGIONAL PLANS

236.45   Local subdivision regulation.

236.46   County plans.

SUBCHAPTER X

GENERAL PROVISIONS

236.50   Date chapter applies; curative provisions as to plats before that date.

subch. I of ch. 236 SUBCHAPTER I

PRELIMINARY PROVISIONS

236.01 236.01 Purpose of chapter. The purpose of this chapter is to regulate the subdivision of land to promote public health, safety and general welfare; to further the orderly layout and use of land; to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage and other public requirements; to provide for proper ingress and egress; and to promote proper monumenting of land subdivided and conveyancing by accurate legal description. The approvals to be obtained by the subdivider as required in this chapter shall be based on requirements designed to accomplish the aforesaid purposes.

236.01 Annotation This chapter authorizes a municipality to reject a preliminary plat under its extraterritorial jurisdictional authority based upon a subdivision ordinance that considers the plat’s proposed use. Wood v. City of Madison, 2003 WI 24, 260 Wis. 2d 71, 659 N.W.2d 31, 01-1206.

236.015 236.015 Applicability of chapter. This chapter does not apply to transportation project plats that conform to s. 84.095.

236.015 History History: 1997 a. 282.

236.02 236.02 Definitions. In this chapter, unless the context or subject matter clearly requires otherwise:

236.02(1) (1) “Alley” means a public or private right-of-way shown on a plat, which provides secondary access to a lot, block or parcel of land.

236.02(2) (2) “Copy” means a true and accurate copy of all sheets of the original subdivision plat. Such copy shall be on durable white matte finished paper with legible dark lines and lettering.

236.02(2m) (2m) “Correction instrument” means an instrument drafted by a professional land surveyor that complies with the requirements of s. 236.295 and that, upon recording, corrects a subdivision plat or a certified survey map.

236.02(3) (3) “County planning agency” means a rural county planning agency authorized by s. 27.019, a county park commission authorized by s. 27.02 except that in a county with a county executive or county administrator, the county park manager appointed under s. 27.03 (2), a county zoning agency authorized by s. 59.69 or any agency created by the county board and authorized by statute to plan land use.

236.02(4) (4) “Department” means the department of administration.

236.02(5) (5) “Extraterritorial plat approval jurisdiction” means the unincorporated area within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.

236.02(6) (6) “Municipality” means an incorporated city or village.

236.02(7) (7) An “outlot” is a parcel of land, other than a lot or block, so designated on the plat.

236.02(8) (8) “Plat” is a map of a subdivision.

236.02(9) (9) “Preliminary plat” is a map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration.

236.02(9b) (9b) “Professional land surveyor” means a professional land surveyor licensed under ch. 443.

236.02(9c) (9c) “Record” means, with respect to a final plat or a certified survey map, to record and file the document with the register of deeds.

236.02(9m) (9m) “Recorded private claim” means a claim of title to land based on a conveyance from a foreign government made before the land was acquired by the United States.

236.02(11) (11) “Replat” is the process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat or part thereof. The legal dividing of a large block, lot or outlot within a recorded subdivision plat without changing exterior boundaries of said block, lot or outlot is not a replat.

236.02(12) (12) 

236.02(12)(am) (am) Except as provided in par. (bm), “subdivision” means a division of a lot, parcel, or tract of land by the owner thereof or the owner’s agent for the purpose of sale or of building development and to which any of the following applies:

236.02(12)(am)1. 1. The act of division creates 5 or more parcels or building sites of 1 1/2 acres each or less in area.

236.02(12)(am)2. 2. Five or more parcels or building sites of 1 1/2 acres each or less in area are created by successive divisions within a period of 5 years.

236.02(12)(bm) (bm) “Subdivision” does not include a division of land into 5 or more parcels or building sites by a certified survey map in accordance with an ordinance enacted or a resolution adopted under s. 236.34 (1) (ar) 1.

236.02(13) (13) “Town planning agency” means a town zoning committee appointed under s. 60.61 (4) (a) or any agency created by the town board and authorized by statute to plan land use.

236.02 History History: 1979 c. 221; 1979 c. 233 s. 8; 1979 c. 248 ss. 2, 25 (4); 1979 c. 361; 1983 a. 189, 473, 532, 538; 1985 a. 29; 1987 a. 399; 1993 a. 490; 1995 a. 27 ss. 6307m, 6308, 9116 (5); 1995 a. 201; 1997 a. 27; 1999 a. 96; 2001 a. 16; 2013 a. 272, 358.

236.02 Annotation This chapter does not authorize the Department of Transportation to regulate land divisions that are not subdivisions within the meaning of sub. (12). Wisconsin Builders Ass’n v. DOT, 2005 WI App 160, 285 Wis. 2d 472, 702 N.W.2d 433, 04-2388.

236.02 Annotation Sub. (12) was not applicable to determining whether a condominium parcel met the minimum lakeshore frontage requirement of a zoning ordinance as: 1) a declaration of condominium is not a subdivision of land as defined in this chapter; and 2) even if this chapter were used by analogy the determination of lot sizes under sub. (12) refers to lot area and not lot width or lakeshore frontage. A subdivision under this chapter requires a division of land. A condominium declaration changes the form of ownership and is not a division of land. FAS, LLC v. Town of Bass Lake, 2007 WI 73, 301 Wis. 2d 321, 733 N.W.2d 287, 05-1689.

236.02 Annotation In determining lot sizes under sub. (8) [now sub. (12)], the lots may not extend across navigable waters or public easements of passage, nor include any land whose servitude is inconsistent with its integrated functional use and unified ownership. 66 Atty. Gen. 2. But see FAS, LLC v. Town of Bass Lake, 2007 WI 73, 301 Wis. 2d 321, 733 N.W.2d 287, 05-1689.

236.02 Annotation This chapter does not require a replat when the division of a lot or redivision of more than one lot does not meet the definition of a “subdivision” under this section. 67 Atty. Gen. 121.

236.02 Annotation Certified survey maps under s. 236.34 cannot substitute for subdivision surveys under sub. (8) [now sub. (12)]. Penalties under s. 236.31 apply to improper use of certified surveys. 67 Atty. Gen. 294.

236.025 236.025 Ordinary high water marks.

236.025(1) (1) For purposes of ss. 236.15 (1) (ag) and (d) and 236.20 (2) (g), a professional land surveyor may do any of the following:

236.025(1)(a) (a) Incorporate into a map, plat, or survey an ordinary high water mark that has been determined by the department of natural resources or otherwise determined pursuant to law.

236.025(1)(b) (b) Approximate the ordinary high water mark and incorporate that mark into a map, plat, or survey.

236.025(2) (2) For purposes of sub. (1) (b), the location of the approximate ordinary high water mark shall be the point on the bank of a navigable stream or on the shore of a lake up to which the presence and action of surface water is so continuous as to leave a distinctive mark by erosion, destruction of terrestrial vegetation, or other easily recognized characteristics. If the approximate location of the ordinary high water mark is difficult to determine, a professional land surveyor may consider other points on the bank or shore for purposes of approximating the location of the ordinary high water mark.

236.025(3) (3) For purposes of this section, a map, plat, or survey that shows an approximate ordinary high water mark shall state on its face that the mark is shown for reference only.

236.025 History History: 2013 a. 358.

236.03 236.03 Survey and plat; when required.

236.03(1) (1) Any division of land that results in a subdivision as defined in s. 236.02 (12) (am) 1. shall be, and any other division may be, surveyed and a plat thereof approved and recorded as required by this chapter. No map or survey purporting to create divisions of land or intending to clarify metes and bounds descriptions may be recorded except as provided by this chapter.

236.03(2) (2) This chapter does not apply to cemetery plats made under s. 157.07 and assessors’ plats made under s. 70.27, but such assessors’ plats shall, except in counties having a population of 750,000 or more, comply with ss. 236.15 (1) (ac) to (g) and 236.20 (1) and (2) (a) to (e), unless waived under s. 236.20 (2) (L).

236.03(3) (3) Subsection (1) shall not apply to the sale or exchange of parcels of public utility or railroad right-of-way to adjoining property owners if the governing body of the municipality or town in which the property is located and the county planning agency, where such agency exists, approves such sale or exchange on the basis of applicable local ordinances or the provisions of this chapter.

236.03 History History: 1983 a. 189 s. 329 (23); 1983 a. 473; 1993 a. 490; 2013 a. 272, 358; 2017 a. 207 s. 5.

236.03 Annotation The provisions of s. 236.41 relating to vacation of streets are inapplicable to assessors’ plats under s. 70.27. Once properly filed and recorded, an assessor’s plat becomes the operative document of record, and only sections specified in sub. (2) apply to assessors’ plats. Schaetz v. Town of Scott, 222 Wis. 2d 90, 585 N.W.2d 889 (Ct. App. 1998), 98-0841.

236.03 Annotation A replat of a recorded subdivision must comply with the formal platting requirements of this chapter relating to new subdivision plats, including those relating to the survey, approval, and recording. 63 Atty. Gen. 193.

subch. II of ch. 236 SUBCHAPTER II

APPROVAL OF PLAT

236.10 236.10 Approvals necessary.

236.10(1) (1) To entitle a final plat of a subdivision to be recorded, it shall have the approval of the following in accordance with the provisions of s. 236.12:

236.10(1)(a) (a) If within a municipality, the governing body, but if the plat is within an area, the annexation of which is being legally contested, the governing bodies of both the annexing municipality and the town from which the area has been annexed shall approve.

236.10(1)(b) (b) Except as provided under s. 62.23 (7a) (am), if within the extraterritorial plat approval jurisdiction of a municipality:

236.10(1)(b)1. 1. The town board; and

236.10(1)(b)2. 2. The governing body of the municipality if, by July 1, 1958, or thereafter it adopts a subdivision ordinance or an official map under s. 62.23; and

236.10(1)(b)3. 3. Subject to sub. (1m), the county planning agency if such agency employs on a full-time basis a professional engineer, a planner or other person charged with the duty of administering zoning or other planning legislation.

236.10(1)(c) (c) If outside the extraterritorial plat approval jurisdiction of a municipality:

236.10(1)(c)1. 1. The town board; and

236.10(1)(c)2. 2. Subject to sub. (1m), the county planning agency, if there is one.

236.10(1m) (1m) 

236.10(1m)(a) (a) Except as provided in par. (b), a county planning agency under sub. (1) (b) 3. or (c) 2. has no authority to approve or object to the preliminary or final plat of a subdivision that is located in a town that has, before the preliminary plat is submitted for approval, or before the final plat is submitted for approval if no preliminary plat is submitted, enacted an ordinance under s. 60.23 (34) or (35) withdrawing the town from county zoning and the county development plan.

236.10(1m)(b) (b) A county planning agency under sub. (1) (b) 3. or (c) 2. may object to any of the following portions of a subdivision that is located in a town described in par. (a):

236.10(1m)(b)1. 1. Any portion of the subdivision that is shoreland, as defined in s. 59.692 (1) (b), in the county.

236.10(1m)(b)2. 2. Any portion of the subdivision that is in a 100-year floodplain in the county.

236.10(2) (2) Except as provided under s. 62.23 (7a) (am), if a subdivision lies within the extraterritorial plat approval jurisdiction of more than one municipality, the provisions of s. 66.0105 shall apply.

236.10(3) (3) The authority to approve or object to preliminary or final plats under this chapter may be delegated to a planning committee or commission of the approving governing body. Final plats dedicating streets, highways or other lands shall be approved by the governing body of the town or municipality in which such are located.

236.10(4) (4) Any municipality, town or county may under s. 66.0301 agree with any other municipality, town or county for the cooperative exercise of the authority to approve or review plats. A municipality, town or county may, under s. 66.0301, agree to have a regional planning commission review plats and submit an advisory recommendation with respect to their approval. A municipality, town or county may agree with a regional planning commission for the cooperative exercise of the authority to approve or review plats only as provided under s. 66.0309 (11).

236.10(5) (5) Any municipality may waive its right to approve plats within any portion of its extraterritorial plat approval jurisdiction by a resolution of the governing body recorded with the register of deeds incorporating a map or metes and bounds description of the area outside its corporate boundaries within which it shall approve plats. The municipality may rescind this waiver at any time by resolution of the governing body recorded with the register of deeds.

236.10 History History: 1979 c. 248; 1993 a. 301; 1999 a. 150 s. 672; 2015 a. 178; 2021 a. 198; 2023 a. 264.

236.10 Annotation A city improperly included lots not within its extraterritorial plat approval jurisdiction in the city’s calculation of fees assessed to a developer. Brookhill Development, Ltd. v. City of Waukesha, 103 Wis. 2d 27, 307 N.W.2d 242 (1981).

236.10 Annotation Section 236.12 (2) (a) does not restrict a town’s authority to impose public improvements as conditions for plat approval during a contested annexation. When a town is legally contesting the annexation, sub. (1) (a) requires both the annexing municipality and the town from which the area has been annexed to approve a final plat in accordance with s. 236.12. KW Holdings, LLC v. Town of Windsor, 2003 WI App 9, 259 Wis. 2d 357, 656 N.W.2d 752, 02-0706.