Trans 233.03(5)(a)(a) Except as provided in pars. (b) to (d), not more than 20 calendar days after receiving a completed request to review a land division map, the department, district office or reviewing municipality shall do one of the following: Trans 233.03(5)(a)1.1. Determine that the land division is a technical land division. Upon determining that a land division is a technical land division, the department, district office or reviewing municipality shall certify that it has no objection to the land division map and shall refund all fees paid for review of that land division map. Trans 233.03(5)(a)2.2. Provide written notice to the land divider either objecting to or certifying that it has no objection to the land division. Trans 233.03 NoteNote: The 20-day time limit for action on a review without any special exception or variance is also established by statute for subdivision plat reviews in sec. 236.12(3) and (6), Stats.
Trans 233.03(5)(b)(b) The department and district offices are not required to complete conceptual reviews under sub. (1) within a specified time, but shall endeavor to complete a conceptual review under sub. (1) within 30 calendar days after receiving the completed request. Trans 233.03(5)(c)(c) If a special exception is requested under s. Trans 233.11, the department, district office or reviewing municipality shall complete its review of the land division map within the time limit provided in s. Trans 233.11 (6). Trans 233.03(5)(d)(d) A request is considered complete under this subsection unless, within 5 working days after receiving the request, the department, district office or reviewing municipality provides written notice to the land divider stating that the request is incomplete and specifying the information needed to complete the request. On the date that additional information is requested under this subdivision, the time period for review ceases to run, but resumes running upon receipt of the requested information. Trans 233.03(5)(e)(e) If the department, district office or reviewing municipality fails to act within the time limit provided in this section or s. Trans 233.11 (6), the department, district office or reviewing municipality shall be considered to have no objection to the land division map or special exception. Trans 233.03(6)(6) District authority to review land division maps. Beginning on February 1, 2001, each district office may review land division maps under this chapter. The department shall develop implementing procedures to assure consistency and uniformity of such reviews among district offices and shall provide uniform guidance in figure 3 of procedure 7-50-5 of the department’s facilities development manual dated December 1, 2000. Trans 233.03 NoteNote: Guidelines established under this subsection are not considered “rules”, as defined in s. 227.01 (13), Stats., and so are not subject to the requirements under s. 227.10, Stats. However, this rule references uniform guidance by date so that future revisions to that uniform guidance will become effective only if ch. Trans 233 is amended. Trans 233.03(7)(7) Municipal authority to review land division maps. The department may, upon request, delegate to a city or village authority to review and object to any proposed land division that abuts a state trunk highway or connecting highway lying within the city or village. The department shall develop a uniform written delegation agreement in cooperation with cities and villages. The delegation agreement may authorize a city or village to grant special exceptions under s. Trans 233.11. Any decision of a reviewing municipality relating to a land division map or special exception is subject to the appeal procedure applicable to such decisions made by the department or a district office, except that the department may unilaterally review any such decision of a reviewing municipality to ensure conformity with the delegation agreement and this chapter and may reverse or modify the municipality’s decision as appropriate. No reviewing municipality may change its setback policy after executing a delegation agreement under this section, except by written amendment to the delegation agreement approved by the department. Trans 233.03(8)(a)(a) Department review. Except as provided in this paragraph and par. (b), a land divider, governmental officer or entity, or member of the general public may appeal a final decision of a district office or reviewing municipality regarding a land division map, special exception, or consequence of a failure to act to the secretary or the secretary’s designee. Appeals may be made not more than 20 calendar days after that final decision or failure to act. The secretary or the secretary’s designee may reverse, modify or affirm the decision. Not more than 60 calendar days after receiving the appeal, the secretary or secretary’s designee shall notify the appealing party and the land divider in writing of the decision on appeal. If the secretary or secretary’s designee does not provide written notice of his or her decision within the 60-day limit, the department is considered to have no objection to the final decision of the district office or reviewing municipality. The department may not unilaterally initiate a review of a decision of a district office certifying non-objection to a land division map, with or without a special exception. The department may unilaterally review any decision of a reviewing municipality relating to a land division map to ensure conformity with the delegation agreement and this chapter, and may reverse or modify the municipality’s decision as appropriate. No person may appeal a conceptual review under sub. (1). Trans 233.03(8)(b)1.1. ‘Chapter 236 land divisions.’ Judicial review of any final decision of the department, district office or reviewing municipality relating to a land division that is subject to ch. 236, Stats., shall follow appeal procedures specified in that chapter. Trans 233.03 NoteNote: Land divisions subject to plat approval under s. 236.10, Stats., shall follow the procedures specified in s. 236.13(5), Stats. Trans 233.03(8)(b)2.2. ‘All other land divisions.’ Judicial review of any final decision of the department, district office or reviewing municipality relating to a land division that is not subject to ch. 236, Stats., shall follow the procedures specified in ch. 227, Stats., for judicial review of agency decisions. Trans 233.03 NoteNote: Final administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to judicial review as provided in ch. 227, Stats. Trans 233.03 HistoryHistory: Cr. Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.), (2), (3) and (4), r. and recr. (5), cr. (6) to (8), Register, January, 2001, No. 541, eff. 2-1-01; Reprinted to correct printing error in (3) Register January 2004 No. 577. Trans 233.04Trans 233.04 Required information. The land divider shall show on the face of the preliminary or final land division map or on a separate sketch, at a scale of not more than 1,000 feet to the inch, the approximate distances and relationships between the following, and shall show the information in subs. (1) to (8) about the following: Trans 233.04(1)(1) The geographical relationship between the proposed land division and of any unplatted lands that abut any state trunk highway or connecting highway and that abut the proposed land division, and the ownership rights in and the land divider’s interest, if any, in these unplatted lands. Trans 233.04(2)(2) The locations of all existing and proposed highways within the land division and of all private roads or driveways within the land division that intersect with a state trunk highway or connecting highway. Trans 233.04(3)(3) The location, and identification of each highway and private road or driveway, leading to or from the land division. Trans 233.04(4)(4) The principal use, as agricultural, commercial, industrial or residential, of each private road or driveway that leads to or from the land division. Trans 233.04(5)(5) The locations of all easements for accessing real property within the land division. Trans 233.04(6)(6) The location of the highway nearest each side of the land division. Trans 233.04(7)(7) The location of any highway or private road or driveway that connects with a state trunk highway or connecting highway that abuts the land division, if the connection is any of the following: Trans 233.04(7)(a)(a) Within 300 feet of the land division, if any portion of the land division lies within a city or village.