LRB-2199/1
MES:lmk:rs
2007 - 2008 LEGISLATURE
January 23, 2008 - Introduced by Representatives M. Williams, Gronemus, Suder,
Ballweg, Musser, Townsend, Nerison and Albers, cosponsored by Senator
Grothman. Referred to Committee on Property Rights.
AB718,1,3
1An Act to amend 59.69 (3) (a), 62.23 (3) (b) and 66.1001 (3) (intro.) of the
2statutes;
relating to: delaying the implementation date of the comprehensive
3planning statute.
Analysis by the Legislative Reference Bureau
Under the current law commonly known as the "Smart Growth" statute, if a
city, village, town, county, or regional planning commission (local governmental unit)
creates a development plan or master plan (comprehensive plan) or amends an
existing comprehensive plan, the plan must contain certain planning elements. The
required planning elements include the following: housing; transportation; utilities
and community facilities; agricultural, natural, and cultural resources; economic
development; land use; and intergovernmental cooperation.
Under current law, beginning on January 1, 2010, certain actions of a local
governmental unit that affect land use must be consistent with that local
governmental unit's comprehensive plan. The actions to which this requirement
applies are official mapping, local subdivision regulation, and zoning ordinances,
including zoning of shorelands or wetlands in shorelands. Also under current law,
beginning on January 1, 2010, if a local governmental unit engages in any of these
specified actions, the comprehensive plan must contain at least all of the required
planning elements.
This bill delays the implementation date in current law from January 1, 2010,
until January 1, 2015.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB718, s. 1
1Section
1. 59.69 (3) (a) of the statutes is amended to read:
AB718,2,122
59.69
(3) (a) The county zoning agency may direct the preparation of a county
3development plan or parts of the plan for the physical development of the
4unincorporated territory within the county and areas within incorporated
5jurisdictions whose governing bodies by resolution agree to having their areas
6included in the county's development plan. The plan may be adopted in whole or in
7part and may be amended by the board and endorsed by the governing bodies of
8incorporated jurisdictions included in the plan. The county development plan, in
9whole or in part, in its original form or as amended, is hereafter referred to as the
10development plan. Beginning on January 1,
2010
2015, if the county engages in any
11program or action described in s. 66.1001 (3), the development plan shall contain at
12least all of the elements specified in s. 66.1001 (2).
AB718, s. 2
13Section
2. 62.23 (3) (b) of the statutes is amended to read:
AB718,3,914
62.23
(3) (b) The commission may adopt the master plan as a whole by a single
15resolution, or, as the work of making the whole master plan progresses, may from
16time to time by resolution adopt a part or parts of a master plan. Beginning on
17January 1,
2010 2015, if the city engages in any program or action described in s.
1866.1001 (3), the master plan shall contain at least all of the elements specified in s.
1966.1001 (2). The adoption of the plan or any part, amendment, or addition, shall be
20by resolution carried by the affirmative votes of not less than a majority of all the
21members of the city plan commission. The resolution shall refer expressly to the
1elements under s. 66.1001 and other matters intended by the commission to form the
2whole or any part of the plan, and the action taken shall be recorded on the adopted
3plan or part of the plan by the identifying signature of the secretary of the
4commission, and a copy of the plan or part of the plan shall be certified to the common
5council, and also to the commanding officer, or the officer's designee, of any military
6base or installation, with at least 200 assigned military personnel or that contains
7at least 2,000 acres, that is located in or near the city. The purpose and effect of the
8adoption and certifying of the master plan or part of the plan shall be solely to aid
9the city plan commission and the council in the performance of their duties.
AB718, s. 3
10Section
3. 66.1001 (3) (intro.) of the statutes is amended to read:
AB718,3,1411
66.1001
(3) Actions, procedures that must be consistent with comprehensive
12plans. (intro.) Beginning on January 1,
2010 2015, if a local governmental unit
13engages in any of the following actions, those actions shall be consistent with that
14local governmental unit's comprehensive plan:
