SB691,,1 2023 SENATE BILL 691

November 21, 2023 - Introduced by Senators Testin, James, Quinn, Stafsholt and Wanggaard, cosponsored by Representatives Hurd, Krug, Macco, Mursau, O’Connor, Petryk, Schmidt and Wittke. Referred to Committee on Transportation and Local Government.

SB691,,2 An Act to amend 62.23 (7a) (a) and 236.02 (5); and to create 60.10 (1) (h), 66.0217 (14) (c) and 66.0813 (7) of the statutes; relating to: water and sewerage system connections and annexation of territory and extraterritorial zoning in certain towns.

SB691,,3 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.

SB691,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB691,1 Section 1. 60.10 (1) (h) of the statutes is created to read:

SB691,,6 60.10 (1) (h) Urban town designation. Designate the town as an urban town if all of the following apply:

SB691,,7 1. The town has a population of more than 5,000 and a population density of 750 persons in any one square mile.

SB691,,8 2. The town provides law enforcement service in one of the manners provided under s. 60.56 (1) (a) 1. to 4.

SB691,,9 3. The town has enacted a subdivision ordinance under s. 236.45 (2) (ac).

SB691,,10 4. The town has enacted a zoning ordinance under s. 60.61 or 60.62 or is subject to county zoning under s. 59.69.

SB691,2 Section 2. 62.23 (7a) (a) of the statutes is amended to read:

SB691,,12 62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated area, other than qualified urban town territory, as defined in s. 66.0217 (14) (c) 1., 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. The unincorporated area subject to extraterritorial zoning jurisdiction includes areas that are either surrounding or entirely surrounded by a single city or village. Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.0105 shall apply and any subsequent alteration of the corporate limits of the city by annexation, detachment or consolidation proceedings shall not affect the dividing line as initially determined under s. 66.0105. The governing body of the city shall specify by resolution the description of the area to be zoned within its extraterritorial zoning jurisdiction sufficiently accurate to determine its location and such area shall be contiguous to the city. The boundary line of such area shall follow government lot or survey section or fractional section lines or public roads, but need not extend to the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption of the resolution the governing body shall declare its intention to prepare a comprehensive zoning ordinance for all or part of its extraterritorial zoning jurisdiction by the publication of the resolution in a newspaper having general circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The city clerk shall mail a certified copy of the resolution and a scale map reasonably showing the boundaries of the extraterritorial jurisdiction to the clerk of the county in which the extraterritorial jurisdiction area is located and to the town clerk of each town, any part of which is included in such area.