Chapter 66

66.1001 Annotation Sub. (2) (h) expressly requires a comprehensive plan to include a land-use element, which must include a compilation of objectives, policies, goals, maps, and programs. Given that the statute requires a comprehensive plan to include land use maps, it would be unreasonable to conclude that a decision maker may not consider those maps when determining whether a proposed change is consistent with the plan. Lakeland Area Property Owners Ass’n, U.A. v. Oneida County, 2021 WI App 19, 396 Wis. 2d 622, 957 N.W.2d 605, 20-0858.

66.1001 Annotation Sub. (3) (j) merely states that a county zoning ordinance “shall be consistent with” the applicable comprehensive plan. It does not expressly require a county to perform a “consistency analysis” before enacting a zoning ordinance. Lakeland Area Property Owners Ass’n, U.A. v. Oneida County, 2021 WI App 19, 396 Wis. 2d 622, 957 N.W.2d 605, 20-0858.

66.1001 Annotation The use of the word “coordination” in various statutes dealing with municipal planning does not by itself authorize towns to invoke a power of “coordination” that would impose affirmative duties upon certain municipalities that are in addition to any other obligations that are imposed under those statutes. With respect to the development and amendment of comprehensive plans, this section is to be followed by the local governmental units and political subdivisions identified in this section. OAG 3-10.

66.10013 66.10013 Housing affordability report.

66.10013(1) (1) In this section, “municipality” means a city or village with a population of 10,000 or more.

66.10013(2) (2) Not later than January 1, 2020, a municipality shall prepare a report of the municipality’s implementation of the housing element of the municipality’s comprehensive plan under s. 66.1001. The municipality shall update the report annually, not later than January 31. The report shall contain all of the following:

66.10013(2)(a) (a) The number of subdivision plats, certified survey maps, condominium plats, and building permit applications approved in the prior year.

66.10013(2)(b) (b) The total number of new residential dwelling units proposed in all subdivision plats, certified survey maps, condominium plats, and building permit applications that were approved by the municipality in the prior year.

66.10013(2)(c) (c) A list and map of undeveloped parcels in the municipality that are zoned for residential development.

66.10013(2)(d) (d) A list of all undeveloped parcels in the municipality that are suitable for, but not zoned for, residential development, including vacant sites and sites that have potential for redevelopment, and a description of the zoning requirements and availability of public facilities and services for each property.

66.10013(2)(e) (e) An analysis of the municipality’s residential development regulations, such as land use controls, site improvement requirements, fees and land dedication requirements, and permit procedures. The analysis shall calculate the financial impact that each regulation has on the cost of each new subdivision. The analysis shall identify ways in which the municipality can modify its construction and development regulations, lot sizes, approval processes, and related fees to do each of the following:

66.10013(2)(e)1. 1. Meet existing and forecasted housing demand.

66.10013(2)(e)2. 2. Reduce the time and cost necessary to approve and develop a new residential subdivision in the municipality by 20 percent.

66.10013(3) (3) A municipality shall post the report under sub. (2) on the municipality’s Internet site on a web page dedicated solely to the report and titled “Housing Affordability Analysis.”

66.10013 History History: 2017 a. 243.

66.10014 66.10014 New housing fee report.

66.10014(1) (1) In this section, “municipality” means a city or village with a population of 10,000 or more.

66.10014(2) (2) Not later than January 1, 2020, a municipality shall prepare a report of the municipality’s residential development fees. The report shall contain all of the following:

66.10014(2)(a) (a) Whether the municipality imposes any of the following fees or other requirements for purposes related to residential construction, remodeling, or development and, if so, the amount of each fee:

66.10014(2)(a)1. 1. Building permit fee.

66.10014(2)(a)2. 2. Impact fee.

66.10014(2)(a)3. 3. Park fee.

66.10014(2)(a)4. 4. Land dedication or fee in lieu of land dedication requirement.

66.10014(2)(a)5. 5. Plat approval fee.

66.10014(2)(a)6. 6. Storm water management fee.

66.10014(2)(a)7. 7. Water or sewer hook-up fee.

66.10014(2)(b) (b) The total amount of fees under par. (a) that the municipality imposed for purposes related to residential construction, remodeling, or development in the prior year and an amount calculated by dividing the total amount of fees under this paragraph by the number of new residential dwelling units approved in the municipality in the prior year.

66.10014(3) (3) 

66.10014(3)(a) (a) A municipality shall post the report under sub. (2) on the municipality’s Internet site on a web page dedicated solely to the report and titled “New Housing Fee Report.” If a municipality does not have an Internet site, the county in which the municipality is located shall post the information under this paragraph on its Internet site on a web page dedicated solely to development fee information for the municipality.

66.10014(3)(b) (b) A municipality shall provide a copy of the report under sub. (2) to each member of the governing body of the municipality.

66.10014(4) (4) If a fee or the amount of a fee under sub. (2) (a) is not properly posted as required under sub. (3) (a), the municipality may not charge the fee.

66.10014 History History: 2017 a. 243.

66.10015 66.10015 Limitation on development regulation authority.

66.10015(1) (1) Definitions. In this section:

66.10015(1)(a) (a) “Approval” means a permit or authorization for building, zoning, driveway, stormwater, or other activity related to a project.

66.10015(1)(as) (as) “Down zoning ordinance” means a zoning ordinance that affects an area of land in one of the following ways:

66.10015(1)(as)1. 1. By decreasing the development density of the land to be less dense than was allowed under its previous usage.

66.10015(1)(as)2. 2. By reducing the permitted uses of the land, that are specified in a zoning ordinance or other land use regulation, to fewer uses than were allowed under its previous usage.

66.10015(1)(b) (b) “Existing requirements” means regulations, ordinances, rules, or other properly adopted requirements of a political subdivision that are in effect at the time the application for an approval is submitted to the political subdivision.

66.10015(1)(bs) (bs) “Members-elect” means those members of the governing body of a political subdivision, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation, or removal from office.

66.10015(1)(c) (c) “Political subdivision” means a city, village, town, or county.

66.10015(1)(d) (d) “Project” means a specific and identifiable land development that occurs on defined and adjacent parcels of land, which includes lands separated by roads, waterways, and easements.

66.10015(1)(e) (e) “Substandard lot” means a legally created lot or parcel that met any applicable lot size requirements when it was created, but does not meet current lot size requirements.

66.10015(1)(f) (f) “Zoning ordinance” means an ordinance enacted by a political subdivision under s. 59.69, 60.61, 60.62, 61.35, or 62.23.

66.10015(1m) (1m) Applicability of definitions. The definitions under sub. (1) do not apply to s. 66.10016.

66.10015(2) (2) Use of existing requirements.

66.10015(2)(a) (a) Except as provided under par. (b) or s. 66.0401, if a person has submitted an application for an approval, the political subdivision shall approve, deny, or conditionally approve the application solely based on existing requirements, unless the applicant and the political subdivision agree otherwise. An application is filed under this section on the date that the political subdivision receives the application.

66.10015(2)(b) (b) If a project requires more than one approval or approvals from one or more political subdivisions and the applicant identifies the full scope of the project at the time of filing the application for the first approval required for the project, the existing requirements applicable in each political subdivision at the time of filing the application for the first approval required for the project shall be applicable to all subsequent approvals required for the project, unless the applicant and the political subdivision agree otherwise.

66.10015(2)(c) (c) An application for an approval shall expire not less than 60 days after filing if all of the following apply:

66.10015(2)(c)1. 1. The application does not comply with form and content requirements.

66.10015(2)(c)2. 2. Not more than 10 working days after filing, the political subdivision provides the applicant with written notice of the noncompliance. The notice shall specify the nature of the noncompliance and the date on which the application will expire if the noncompliance is not remedied.

66.10015(2)(c)3. 3. The applicant fails to remedy the noncompliance before the date provided in the notice.

66.10015(2)(e) (e) Notwithstanding any other law or rule, or any action or proceeding under the common law, no political subdivision may enact or enforce an ordinance or take any other action that prohibits a property owner from doing any of the following:

66.10015(2)(e)1. 1. Conveying an ownership interest in a substandard lot.

66.10015(2)(e)2. 2. Using a substandard lot as a building site if all of the following apply:

66.10015(2)(e)2.a. a. The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

66.10015(2)(e)2.b. b. The substandard lot or parcel is developed to comply with all other ordinances of the political subdivision.

66.10015(3) (3) Zoning ordinance amendments.

66.10015(3)(a) (a) Except as provided in par. (b) and ss. 59.69 (5) (e) 5m., 60.61 (4) (c) 3., and 62.23 (7) (d) 2m., the enactment of a zoning amendment shall be approved by a simple majority of a quorum of the members-elect.

66.10015(3)(b) (b) A political subdivision may enact a down zoning ordinance only if the ordinance is approved by at least two-thirds of the members-elect, except that if the down zoning ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, the ordinance may be enacted by a simple majority of the members-elect.

66.10015(4) (4) Merging. Notwithstanding the authority granted under ss. 59.69, 60.61, 60.62, 61.35, and 62.23, no political subdivision may enact or enforce an ordinance or take any other action that requires one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.

66.10015(5) (5) Expiration dates. A political subdivision may not establish an expiration date for an approval related to a planned development district of less than 5 years after the date of the last approval required for completion of the project. This section does not prohibit a political subdivision from establishing timelines for completion of work related to an approval.

66.10015(6) (6) Zoning limitations, inspections.

66.10015(6)(a) (a) If a political subdivision or a utility district requires the installation of a water meter station for a political subdivision, neither the political subdivision nor the utility district may require a developer to install a water meter that is larger than a utility-type box, and may not require a developer to include heating, air conditioning, or a restroom in the water meter station. Any requirements for such a project that go beyond the limitations specified in this paragraph must be funded entirely by the political subdivision or utility district.

66.10015(6)(b) (b)

66.10015(6)(b)1. 1. If a political subdivision employs a building inspector to enforce its zoning ordinance or other ordinances related to building, and a developer requests the building inspector to perform an inspection that is part of the inspector’s duties, the inspector shall complete the inspection not later than 14 business days after the building inspector receives the request for an inspection.

66.10015(6)(b)2. 2. If a building inspector does not complete a requested inspection as required under subd. 1., the developer may request a state building inspector to provide the requested inspection, provided that the state inspector has a comparable level of zoning and building inspection qualification as the local building inspector.

66.10015(6)(b)3. 3. If a developer provides a political subdivision with a certificate of inspection from a state building inspector from an inspection described under subd. 2., which meets the requirements of the inspection that was supposed to be provided by the local building inspector, the political subdivision must accept the certificate provided by the state building inspector as if it had been provided by the political subdivision’s building inspector.

66.10015 History History: 2013 a. 74; 2015 a. 391; 2017 a. 67, 68, 243; 2021 a. 239; 2023 a. 16.

66.10015 Annotation Sub. (2) (a) merely states that, when an applicant submits a zoning application, the existing requirements apply unless the applicant and the political subdivision agree otherwise. Nothing in the statute’s text indicates that such agreement must be formal, in writing, or memorialized in meeting minutes. The statutory language does not dictate how or when the parties must agree, only that they agree. Lakeland Area Property Owners Ass’n, U.A. v. Oneida County, 2021 WI App 19, 396 Wis. 2d 622, 957 N.W.2d 605, 20-0858.

66.10015 Annotation For purposes of determining the applicable comprehensive plan under sub. (2) (a), what matters is whether a county and an applicant agree to proceed under a later adopted comprehensive plan as of the date of the county board’s vote. Lakeland Area Property Owners Ass’n, U.A. v. Oneida County, 2021 WI App 19, 396 Wis. 2d 622, 957 N.W.2d 605, 20-0858.

66.10016 66.10016 Permits for residential housing developments.

66.10016(1) (1) In this section:

66.10016(1)(a) (a) “Permit” means any permit or administrative approval required to proceed with a residential housing development. “Permit” does not include a change to an existing ordinance or zoning classification of land or an approval of a conditional use as defined under s. 59.69 (5e) (a) 1., 60.61 (4e) (a) 1., or 62.23 (7) (de) 1. a.

66.10016(1)(b) (b) “Political subdivision” means a city, village, town, or county.

66.10016(1)(c) (c) “Residential housing development” means a development for single-family or multi-family housing for sale or rent.

66.10016(2) (2) The definitions under s. 66.10015 (1) do not apply to this section.

66.10016(3) (3) If a person submits a complete application for a permit related to a residential housing development meeting all existing requirements that must be satisfied to obtain the permit at the time the application is filed, the political subdivision shall grant the application. An application is deemed complete under this subsection if it complies with form and content requirements. An application is filed under this subsection on the date that the political subdivision receives the application.

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.

66.10016 History History: 2023 a. 16.

66.1002 66.1002 Development moratoria.

66.1002(1) (1) Definitions. In this section:

66.1002(1)(a) (a) “Comprehensive plan” has the meaning given in s. 66.1001 (1) (a).

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)(e)1. 1. A physician, as defined under s. 48.375 (2) (g).

66.1002(1)(e)2. 2. A registered professional nurse, as defined under s. 49.498 (1) (L).

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.