Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was developed and is
recommended by the joint legislative council's special committee on municipal
annexation. The special committee was directed to review conflicts that arise under
current annexation law and practice and the consequences of those conflicts, including
costs to taxpayers and other affected parties, to determine if there is consensus on means
to reduce annexation disputes and encourage more boundary cooperation between towns
and cities or villages.
This bill addresses 1) the determination of common municipal (city, village, and
town) boundaries by agreement; and 2) the use of alternative dispute resolution (ADR)
in annexation and other boundary disputes. General provisions of the bill are
summarized below. For additional information, see the text of the bill and notes following
individual provisions of the bill.
I. Boundary Agreements
A. Boundary Agreements by Cooperative Plan (s. 66.0307, stats.)
1. Simplifying Current Procedure
The bill simplifies the current plan requirements of s. 66.0307, stats., by
substituting a general requirement for consistency with a comprehensive plan for the
current detailed planning requirements. "Comprehensive plan" means a comprehensive
plan under s. 66.1001, stats., or, if a municipality has not adopted a comprehensive plan,
the municipality's master plan.
The bill also reduces from 120 to 60 the minimum number of days that must pass,
following the last authorizing resolution by a participating municipality, before the public
hearing on the proposed cooperative plan may be held.
2. Mediated Agreement Procedure
If a city or village or a town declines to participate in the current procedure for
developing a cooperative plan to determine common boundaries, the bill provides a
procedure for an adjacent municipality to petition for development of a cooperative plan
through mediation. If a city or village refuses to engage in mediation after being
requested to do so, an annexation commenced during the shorter of 270 days after the
refusal or the period beginning after the refusal until the city or village agrees to engage
in mediation may be contested by the petitioning town if the department of
administration (DOA) determines the annexation is not in the public interest following
an advisory review of the annexation. If a town refuses to engage in mediation, the town
may not contest any annexation of its territory to the petitioning city or village that is
commenced during the shorter of 270 days after the refusal or the period beginning after
the refusal until the town agrees to engage in mediation.
If both parties agree to engage in mediation, the mediation period expires after 270
days unless the participating municipalities agree to extend the period. If a cooperative
plan is developed through mediation, the bill provides a time period for holding a public
hearing on the plan. Otherwise, the provisions of s. 66.0307 apply to a cooperative plan
agreed to under the mediated agreement procedure.
B. Boundary Agreements Under General Intergovernmental Cooperation Authority (s.
66.0301, stats.)

The bill establishes a specific procedure for common municipal boundaries to be
determined by agreement under s. 66.0301, stats. In addition to determining common
boundaries, an agreement under the procedure may include any other provisions
municipalities are authorized to agree to under s. 66.0301 and under s. 66.0305, stats.,
(agreements to share revenues).
Once an agreement expires, all provisions of the agreement expire with the
exception of boundary determinations, which remain until subsequently changed. The
maximum term of an agreement is 10 years.
The s. 66.0301 boundary agreement procedure requires a public hearing on a
proposed agreement and provides for a referendum of the electors residing within the
territory whose jurisdiction is subject to change as a result of the agreement if a sufficient
referendum petition is timely submitted.
A boundary agreement under s. 66.0301 may provide that during the term of the
agreement, no other procedure for altering municipal boundaries may be used to alter a
boundary that is affected by the agreement (subject to one exception).
C. Stipulated Boundary Agreements in Contested Boundary Actions (s. 66.0225, stats.)
The bill limits the application of current s. 66.0225, stats., (boundaries fixed by
court judgement) to contested annexations and limits the scope of a boundary
determination under that procedure to that portion of the boundary "that is the subject
of the annexation." The bill provides that contested consolidations, detachments, and
incorporations may be settled by entering into an agreement under the new s. 66.0301
procedure or under s. 66.0307 (boundary agreements by a cooperative plan). Contested
annexations may also be so settled.
II. Alternative Dispute Resolution
The court and the parties to a contested annexation are encouraged under the bill
to consider the applicability to the contested annexation of the current ADR provisions
that apply generally to court proceedings, s. 802.12, stats.
The bill requires DOA to make available on its public website a list of persons who
have identified themselves as professionals qualified to facilitate ADR of annexation,
boundary, and land use disputes.
SB134, s. 1 1Section 1. 66.0217 (2) and (3) (intro.) of the statutes are amended to read:
SB134,4,52 66.0217 (2) Direct annexation by unanimous approval. Except as provided in
3sub. (14), and subject to s. ss. 66.0301 (6) (d) and 66.0307 (7), if a petition for direct
4annexation signed by all of the electors residing in the territory and the owners of
5all of the real property in the territory is filed with the city or village clerk, and with
6the town clerk of the town or towns in which the territory is located, together with
7a scale map and a legal description of the property to be annexed, an annexation
8ordinance for the annexation of the territory may be enacted by a two-thirds vote of
9the elected members of the governing body of the city or village without compliance
10with the notice requirements of sub. (4). In an annexation under this subsection,

1subject to sub. (6), the person filing the petition with the city or village clerk and the
2town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal
3description of the territory to be annexed to the department and the governing body
4shall review the advice of the department, if any, before enacting the annexation
5ordinance.
SB134,4,8 6(3) Other methods of annexation. (intro.) Subject to s. ss. 66.0301 (6) (d) and
766.0307 (7), and except as provided in sub. (14), territory contiguous to a city or
8village may be annexed to the city or village in the following ways:
SB134, s. 2 9Section 2. 66.0217 (6) (b) of the statutes is created to read:
SB134,4,2310 66.0217 (6) (b) Alternative dispute resolution. The department shall make
11available on its public Web site a list of persons who identify themselves to the
12department as professionals qualified to facilitate alternative dispute resolution of
13annexation, boundary, and land use disputes. Persons identifying themselves to the
14department as qualified professionals shall submit to the department a brief
15description of their qualifications, including membership in relevant professional
16associations and certifications in areas such as planning and alternative dispute
17resolution. The department may edit the descriptions for inclusion on the list using
18any criteria that, in the department's determination, is appropriate. The
19department may include with the list a disclaimer that the department is not
20responsible for the accuracy of the descriptions, and that inclusion of a person on the
21list does not represent endorsement by the department. The department may include
22links from the list to other websites, such as those of relevant professional
23associations and county dispute resolution centers.
Note: Requires DOA to provide on its public Web site a list of persons who have
identified themselves as professionals qualified to facilitate resolution of annexation and
boundary disputes.
SB134, s. 3
1Section 3. 66.0217 (11) (b) of the statutes is amended to read:
SB134,5,42 66.0217 (11) (b) An action contesting an annexation shall be given preference
3in the circuit court. The court and the parties are encouraged to consider the
4application of s. 802.12 to an action contesting an annexation.
Note: Encourages use of the ADR statute, s. 802.12, by the court and parties to a
contested annexation. Although the provision already applies to court proceedings
involving a contested annexation, specific reference may facilitate the use of the provision
in contested annexations.
SB134, s. 4 5Section 4. 66.0219 (intro.) of the statutes is amended to read:
SB134,5,10 666.0219 Annexation by referendum initiated by city or village. (intro.)
7As a complete alternative to any other annexation procedure, and subject to sub. (10)
8and s. ss. 66.0301 (6) (d) and 66.0307 (7), unincorporated territory which contains
9electors and is contiguous to a city or village may be annexed to the city or village
10under this section. The definitions in s. 66.0217 (1) apply to this section.
SB134, s. 5 11Section 5. 66.0221 (1) of the statutes is amended to read:
SB134,6,912 66.0221 (1) Upon its own motion and subject to sub. (3) and s. ss. 66.0301 (6)
13(d) and
66.0307 (7), a city or village, by a two-thirds vote of the entire membership
14of its governing body, may enact an ordinance annexing territory which comprises
15a portion of a town or towns and which was completely surrounded by territory of the
16city or village on December 2, 1973. The ordinance shall include all surrounded town
17areas except those that are exempt by mutual agreement of all of the governing
18bodies involved. The annexation ordinance shall contain a legal description of the
19territory and the name of the town or towns from which the territory is detached.
20Upon enactment of the ordinance, the city or village clerk immediately shall file 6
21certified copies of the ordinance in the office of the secretary of state, together with
226 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance
23and scale map to the department of transportation, one copy to the department of

1natural resources, one copy to the department of revenue and one copy to the
2department of administration. This subsection does not apply if the town island was
3created only by the annexation of a railroad right-of-way or drainage ditch. This
4subsection does not apply to land owned by a town government which has existing
5town government buildings located on the land. No town island may be annexed
6under this subsection if the island consists of over 65 acres or contains over 100
7residents. Section 66.0217 (11) applies to annexations under this subsection. Except
8as provided in sub. (2), after December 2, 1973, no city or village may, by annexation,
9create a town area which is completely surrounded by the city or village.
SB134, s. 6 10Section 6. 66.0221 (2) of the statutes is amended to read:
SB134,6,1411 66.0221 (2) A city or village may, by annexation, create a town area that is
12completely surrounded by the city or village if a cooperative plan for boundary
13change under s. 66.0301 (6) or 66.0307, to which the town and the annexing city or
14village are parties, applies to the territory that is annexed.
SB134, s. 7 15Section 7. 66.0223 (1) of the statutes is amended to read:
SB134,7,716 66.0223 (1) In addition to other methods provided by law and subject to sub.
17(2) and ss. 59.692 (7), 66.0301 (6) (d), and 66.0307 (7), territory owned by and lying
18near but not necessarily contiguous to a village or city may be annexed to a village
19or city by ordinance enacted by the board of trustees of the village or the common
20council of the city, provided that in the case of noncontiguous territory the use of the
21territory by the city or village is not contrary to any town or county zoning regulation.
22The ordinance shall contain the exact description of the territory annexed and the
23names of the towns from which detached, and attaches the territory to the village or
24city upon the filing of 7 certified copies of the ordinance in the office of the secretary
25of state, together with 7 copies of a plat showing the boundaries of the territory

1attached. Two copies of the ordinance and plat shall be forwarded by the secretary
2of state to the department of transportation, one copy to the department of
3administration, one copy to the department of natural resources, one copy to the
4department of revenue and one copy to the department of public instruction. Within
510 days of filing the certified copies, a copy of the ordinance and plat shall be mailed
6or delivered to the clerk of the county in which the annexed territory is located.
7Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.
SB134, s. 8 8Section 8. 66.0225 (title) of the statutes is repealed and recreated to read:
SB134,7,10 966.0225 (title) Stipulated boundary agreements in contested boundary
10actions.
SB134, s. 9 11Section 9 . 66.0225 of the statutes is renumbered 66.0225 (2) and amended to
12read:
SB134,8,1113 66.0225 (2) Contested annexations. Any 2 municipalities whose boundaries
14are immediately adjacent at any point and who are parties to an action, proceeding,
15or appeal in court for the purpose of testing the validity or invalidity of an
16annexation, incorporation, consolidation or detachment may enter into a written
17stipulation, compromising and settling the litigation and determining the portion of
18the
common boundary line between the municipalities that is the subject of the
19annexation
. The court having jurisdiction of the litigation, whether the circuit court,
20the court of appeals, or the supreme court, may enter a final judgment incorporating
21the provisions of the stipulation and fixing the common boundary line between the
22municipalities involved. A stipulation changing boundaries of municipalities shall
23be approved by the governing bodies of the detaching and annexing municipalities
24body of each municipality and s. 66.0217 (9) and (11) shall apply. A change of
25municipal boundaries under this section is subject to a referendum of the electors

1residing within the territory annexed or detached whose jurisdiction is subject to
2change under the stipulation
, if within 30 days after the publication of the
3stipulation to change boundaries in a newspaper of general circulation in the area
4proposed to be annexed or detached
that territory, a petition for a referendum
5conforming to the requirements of s. 8.40 signed by at least 20% of the electors of the
6area to be annexed or detached
residing within that territory is filed with the clerk
7of the municipality from which the greater area is proposed to be detached removed
8and is filed as provided in s. 8.37. The referendum shall be conducted as are
9annexation referenda. If the referendum election is opposed to detachment from the
10municipality
fails, all proceedings under this section are void. In this section,
11"municipalities" means cities, villages and towns.
Note: Limits the application of the current procedure in s. 66.0225, stats.,
(boundaries fixed by court judgment) to contested annexations and limits the boundary
that is subject to the procedure to the portion of the boundary "that is the subject of the
annexation." The stricken last sentence is replaced by a definition in s. 66.0225 (1),
created by Sec. 10 of the bill.
The limitations are intended to discourage use of s. 66.0225 for boundary
agreements that are more appropriately developed under s. 66.0301 (6), as created by this
bill, or s. 66.0307, as revised by this bill. Retention of the s. 66.0225 procedure for
contested annexations, subject to the new limitation on which boundaries may be
included, recognizes the history and utility of this provision in settling annexation
litigation.
See, also, Sec. 11 of this bill.
SB134, s. 10 12Section 10 . 66.0225 (1) of the statutes is created to read:
SB134,8,1413 66.0225 (1) Definitions. In this section, "municipality" means a city, village,
14or town.
Note: Provides a definition for use throughout s. 66.0225.
SB134, s. 11 15Section 11 . 66.0225 (3) of the statutes is created to read:
SB134,8,1816 66.0225 (3) Contested boundary actions. (a) In this subsection, "boundary
17action" means an action, proceeding, or appeal in court contesting the validity of an
18annexation, consolidation, detachment, or incorporation.
SB134,9,5
1(b) If 2 municipalities whose boundaries are immediately adjacent at any point
2are parties to a boundary action, the municipalities may enter into an agreement
3under s. 66.0301 (6) or s. 66.0307 as part of a stipulation to settle the boundary action.
4The court may approve and make part of the final judgment a stipulation that
5includes an agreement under s. 66.0301 (6) or s. 66.0307.
Note: Requires parties to a contested consolidation, detachment, or incorporation
proceeding to use new s. 66.0301 (6), or s. 66.0307, as revised, if the parties enter into a
boundary agreement as part of the settlement of the contested action. Allows, but does
not require, parties to a contested annexation proceeding to use those provisions. (Parties
to a contested annexation proceeding will continue to be able to use current s. 66.0225,
as revised by this bill.)
See Sec. 9 of this bill and the Note following that Section.
SB134, s. 12 6Section 12. 66.0225 (4) of the statutes is created to read:
SB134,9,107 66.0225 (4) Authority for certain stipulations. A stipulation that is
8court-approved under this section before the effective date of this subsection ....
9[revisor inserts date], that affects the location of a boundary between municipalities,
10is not invalid as lacking authority to affect the location of the boundary.
Note: Recognizes that some court-approved stipulations under s. 66.0225 affected
common boundaries of the municipalities party to the action beyond those boundaries in
dispute. Despite the lack of express authority to do so and the revisions to the section
made by this bill, this provision provides that those agreements are not invalid insofar
as lacking authority to affect the location of the boundary that was included in the
court-approved stipulation.
SB134, s. 13 11Section 13. 66.0227 (intro.) of the statutes is amended to read:
SB134,9,14 1266.0227 Detachment of territory. (intro.) Subject to s. ss. 66.0301 (6) (d) and
1366.0307 (7), territory may be detached from a city or village and attached to a city,
14village or town to which it is contiguous as follows:
SB134, s. 14 15Section 14. 66.0229 of the statutes is amended to read:
SB134,9,18 1666.0229 Consolidation. Subject to s. ss. 66.0301 (6) (d) and 66.0307 (7), a
17town, village or city may be consolidated with a contiguous town, village or city, by
18ordinance, passed by a two-thirds vote of all the members of each board or council,

1fixing the terms of the consolidation and ratified by the electors at a referendum held
2in each municipality. The ballots shall bear the words, "for consolidation", and
3"against consolidation", and if a majority of the votes cast in each municipality are
4for consolidation, the ordinances shall take effect and have the force of a contract.
5The ordinance and the result of the referendum shall be certified as provided in s.
666.0211 (5); if a town the certification shall be preserved as provided in ss. 66.0211
7(5) and 66.0235, respectively. Consolidation does not affect the preexisting rights or
8liabilities of any municipality and actions on those rights or liabilities may be
9commenced or completed as if there were no consolidation. A consolidation
10ordinance proposing the consolidation of a town and a city or village shall, within 10
11days after its adoption and prior to its submission to the voters for ratification at a
12referendum, be submitted to the circuit court and the department of administration
13for a determination of whether the proposed consolidation is in the public interest.
14The circuit court shall determine whether the proposed ordinance meets the formal
15requirements of this section and shall then refer the matter to the department of
16administration, which shall find as prescribed in s. 66.0203 whether the proposed
17consolidation is in the public interest in accordance with the standards in s. 66.0207.
18The department's findings have the same status as incorporation findings under ss.
1966.0203 to 66.0213.
SB134, s. 15 20Section 15. 66.0230 (1) (a) of the statutes is amended to read:
SB134,10,2521 66.0230 (1) (a) In addition to the method described in s. 66.0229 and subject
22to subs. (2), (3), and (4) and to s. ss. 66.0301 (6) (d) and 66.0307 (7), all or part of a
23town may consolidate with a contiguous city or village by ordinance passed by a
24two-thirds vote of all of the members of each board or council and ratified by the
25electors at a referendum held in each municipality.
SB134, s. 16
1Section 16. 66.0231 of the statutes is amended to read:
SB134,11,14 266.0231 Notice of certain litigation affecting municipal status or
3boundaries.
If a proceeding under ss. 61.187, 61.189, 61.74, 62.075, 66.0201 to
466.0213, 66.0215, 66.0216, 66.0217, 66.0221, 66.0223, 66.0227, 66.0301 (6), or
566.0307 or other sections relating to an incorporation, annexation, consolidation,
6dissolution or detachment of territory of a city or village is contested by instigation
7of legal proceedings, the clerk of the city or village involved in the proceedings shall
8file with the secretary of state 4 copies of a notice of the commencement of the action.
9The clerk shall file with the secretary of state 4 copies of any judgments rendered or
10appeals taken in such cases. The notices or copies of judgments that are required
11under this section may also be filed by an officer or attorney of any party of interest.
12The secretary of state shall forward to the department of transportation 2 copies and
13to the department of revenue and the department of administration one copy each
14of any notice of action or judgment filed with the secretary of state under this section.
SB134, s. 17 15Section 17. 66.0301 (1) (a) of the statutes is amended to read:
SB134,12,216 66.0301 (1) (a) In Except as provided in pars. (b) and (c), in this section
17"municipality" means the state or any department or agency thereof, or any city,
18village, town, county, school district, public library system, public inland lake
19protection and rehabilitation district, sanitary district, farm drainage district,
20metropolitan sewerage district, sewer utility district, solid waste management
21system created under s. 59.70 (2), local exposition district created under subch. II of
22ch. 229, local professional baseball park district created under subch. III of ch. 229,
23local professional football stadium district created under subch. IV of ch. 229, a local
24cultural arts district created under subch. V of ch. 229, family care district under s.
2546.2895, water utility district, mosquito control district, municipal electric company,

1county or city transit commission, commission created by contract under this section,
2taxation district, regional planning commission, or city-county health department.
SB134, s. 18 3Section 18. 66.0301 (1) (c) of the statutes is created to read:
SB134,12,54 66.0301 (1) (c) For purposes of sub. (6), "municipality" means any city, village,
5or town.
Note: Provides a definition for use in new sub. (6) of s. 66.0301 created by Sec. 19
of this bill.
SB134, s. 19 6Section 19 . 66.0301 (6) of the statutes is created to read:
SB134,12,117 66.0301 (6) (a) Any 2 municipalities whose boundaries are immediately
8adjacent at any point may enter into a written agreement determining all or a portion
9of the common boundary line between the municipalities. An agreement under this
10subsection may include only the provisions authorized under this section and s.
1166.0305, and one or more of the following:
SB134,12,1212 1. That specified boundary lines apply on the effective date of the agreement.
SB134,12,1413 2. That specified boundary line changes shall occur during the term of the
14agreement and the approximate dates by which the changes shall occur.
SB134,12,1615 3. That specified boundary line changes may occur during the term of the
16agreement and the approximate dates by which the changes may occur.
SB134,12,1917 4. That a required boundary line change under subd. 2. or an optional boundary
18line change under subd. 3. is subject to the occurrence of conditions set forth in the
19agreement.
SB134,12,2120 5. That specified boundary lines may not be changed during the term of the
21agreement.
SB134,13,222 (b) The maximum term of an agreement under this subsection is 10 years.
23When an agreement expires, all provisions of the agreement expire, except that any

1boundary determined under the agreement remains in effect until subsequently
2changed.
SB134,13,133 (c) 1. Before an agreement under this subsection may take effect, and subject
4to par. (e), it must be approved by the governing body of each municipality by the
5adoption of a resolution. Before each municipality may adopt a resolution, each shall
6hold a public hearing on the agreement or both municipalities shall hold a joint
7public hearing on the agreement. Before the public hearing may be held, each
8municipality shall give notice of the pending agreement and public hearing by
9publishing a class 1 notice, under ch. 985, and by giving notice to each property owner
10whose property is currently located in that municipality and in, or immediately
11adjacent to, the territory whose jurisdiction will change. Notice shall be given at
12least 20 days before the public hearing and notice to property owners shall be made
13by certified mail.
SB134,14,214 2. An agreement under this subsection is subject to a referendum of the electors
15residing within the territory whose jurisdiction is subject to change as a result of the
16agreement. After each municipality approves the agreement by adoption of a
17resolution, each municipality shall publish the agreement in the territory whose
18jurisdiction is subject to change as a result of the agreement as a class 1 notice, under
19ch. 985. A referendum shall be held if, within 30 days after the publication of the
20agreement, a petition for a referendum conforming to the requirements of s. 8.40,
21signed by at least 20 percent of the electors residing within the territory whose
22jurisdiction is subject to change as a result of the agreement is filed, in accordance
23with s. 8.37, with the clerk of each municipality that is a party to the agreement. The
24referendum shall be conducted jointly by the municipalities and shall otherwise be
25conducted as are annexation referenda. If the agreement is approved in the

1referendum, it may take effect. If the agreement is not approved in the referendum,
2it may not take effect.
SB134,14,83 (d) An agreement under this subsection may provide that, during the term of
4the agreement, no other procedure for altering a municipality's boundaries may be
5used to alter a boundary that is affected by the agreement, except an annexation
6conducted under s. 281.43 (1m), regardless of whether the boundary is proposed to
7be maintained or changed or is allowed to be changed under the agreement. After
8the agreement has expired, the boundary may be altered.
SB134,14,159 (e) A boundary change included in an agreement under this subsection shall
10be accomplished by the enactment of an ordinance by the governing body designated
11to do so in the agreement. The filing and recording requirements under s. 66.0217
12(9) (a), as they apply to cities and villages under s. 66.0217 (9) (a), apply to
13municipalities under this subsection. The requirements for the secretary of state
14under s. 66.0217 (9) (b), as they apply under that section, apply to the secretary of
15state when he or she receives an ordinance that is filed under this subsection.
SB134,14,1716 (f) No action to contest the validity of an agreement under this subsection may
17be commenced after 60 days from the date the agreement becomes effective.
SB134,14,2018 (g) This subsection is the exclusive authority under this section for entering
19into an agreement that determines all or a portion of the common boundary line
20between municipalities.
SB134,14,2421 (h) An agreement under this section that has been entered into before the
22effective date of this subsection .... [revisor inserts date], that affects the location of
23a boundary between municipalities, is not invalid as lacking authority under this
24section to affect the location of the boundary.
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