Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB266

Introduced
5/16/23  
Refer
5/16/23  
Report Pass
6/7/23  
Refer
6/7/23  
Engrossed
6/14/23  
Refer
6/14/23  
Enrolled
6/16/23  
Chaptered
6/23/23  

Caption

Judicial review of local governmental decisions related to certain land development, local approval of residential housing development, and amendment of zoning ordinances. (FE)

Impact

The enactment of AB266 modifies several statutes to facilitate a more efficient review of decisions around residential housing developments. Notably, the bill repeals certain provisions regarding appeals to the board of adjustment, favoring direct appeals to the circuit court. Supporters of the bill argue that this change will remove bureaucratic hurdles, ultimately promoting housing development and enabling quicker response times for applicants within the local governmental framework.

Summary

Assembly Bill 266 aims to streamline the process of judicial review concerning local governmental decisions related to land development and residential housing projects. The bill sets forth specific procedures for the review of decisions made by political subdivisions, emphasizing the ability of individuals to appeal decisions related to conditional use permits and zoning amendments directly to the circuit court. Its primary intent is to clarify and expedite legal processes associated with land development applications, promoting better local governance while adhering to state laws.

Sentiment

The legislative sentiment around AB266 appears largely positive, particularly among those in favor of quickening the residential development process. Advocates rationalize that reduced avenues for appeals will enhance local development, especially in contexts where housing demands are pressing. However, concerns from some members regarding the potential overreach of local governmental authority remain a point of tension, particularly with respect to maintaining adequate checks on local decisions that could affect community planning and development negatively.

Contention

While proponents praise the efficiency of direct appeals, critics of AB266 stress the importance of preserving checks and balances within local government oversight. The debate highlights a fundamental concern about ensuring local autonomy in land use decisions while promoting swift housing development. The amendments proposed by the bill risk altering the dynamic of local government powers and public engagement in the land use planning process, potentially sidelining community voices in favor of expedited development.

Companion Bills

No companion bills found.

Previously Filed As

WI SB296

Judicial review of local governmental decisions related to certain land development, local approval of residential housing development, and amendment of zoning ordinances. (FE)

WI AB647

Housing development approvals: residential units.

WI AB957

Preemption of certain local animal ordinances.

WI AB1276

Housing developments: ordinances, policies, and standards.

WI SB423

Land use: streamlined housing approvals: multifamily housing developments.

WI SB450

Housing development: approvals.

WI AB1630

Planning and zoning: housing development approvals: student housing projects.

WI AB1397

Local planning: housing element: inventory of land for residential development.

WI AB168

Planning and zoning: annual report: housing development: streamlined approvals.

WI SB9

Housing development: approvals.

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Judicial review of local governmental decisions related to certain land development, local approval of residential housing development, and amendment of zoning ordinances. (FE)

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