Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB266 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	Date of enactment: June 22, 2023
2		-	2023 Assembly Bill 266 Date of publication*: June 23, 2023
3		-	2023 WISCONSIN ACT 16
4		-	AN ACT to repeal 59.69 (5) (e) 5g. and 60.61 (4) (c) 2.; to renumber 59.694 (10), 62.23 (7) (e) 10. and 66.10015
5		-	(3); to renumber and amend 236.13 (5); to amend 59.69 (5e) (e), 60.61 (4e) (e), 62.23 (6) (g), 62.23 (6) (h), 62.23
6		-	(7) (b), 62.23 (7) (de) 5., 66.10015 (title) and 781.10 (2) (a); to repeal and recreate 66.10015 (3) (title); and to create
7		-	59.694 (10) (b), 60.65 (6), 62.23 (7) (e) 10. b., 66.10015 (1m), 66.10015 (3) (a), 66.10016, 236.13 (5) (b), 781.10,
8		-	808.04 (1s) and 809.108 of the statutes; relating to: judicial review of local governmental decisions related to certain
9		-	land development, local approval of residential housing development, and amendment of zoning ordinances.
10		-	The people of the state of Wisconsin, represented in
11		-	senate and assembly, do enact as follows:
12		-	SECTION 1. 59.69 (5) (e) 5g. of the statutes is
13		-	repealed.
14		-	SECTION 2. 59.69 (5e) (e) of the statutes is amended
15		-	to read:
16		-	59.69 (5e) (e) If a county denies a person’s condi-
17		-	tional use permit application, the person may appeal the
18		-	decision to the circuit court under the procedures con-
19		-	tained in s. 59.694 (10) (a), or if the decision is on an
20		-	application for an approval, as defined in s. 781.10 (1) (a),
21		-	under the procedures described in s. 59.694 (10) (b). Not-
22		-	withstanding s. 59.694 (4), a county may provide by ordi-
23		-	nance that the county’s decision on a conditional use per-
24		-	mit application is not reviewable by the board of
25		-	adjustment and may be appealed directly to the circuit
26		-	court under the procedures contained in s. 59.694 (10).
27		-	SECTION 3e. 59.694 (10) of the statutes is renum-
28		-	bered 59.694 (10) (a).
29		-	SECTION 3g. 59.694 (10) (b) of the statutes is created
30		-	to read:
31		-	59.694 (10) (b) Notwithstanding par. (a), a decision
32		-	of the board of adjustment on an application for an
33		-	approval, as defined in s. 781.10 (1) (a), is subject to
34		-	review under the procedures contained in s. 781.10.
35		-	SECTION 4. 60.61 (4) (c) 2. of the statutes is repealed.
36		-	SECTION 5. 60.61 (4e) (e) of the statutes is amended
37		-	to read:
38		-	60.61 (4e) (e) If a town denies a person’s conditional
39		-	use permit application, the person may appeal the deci-
40		-	sion to the circuit court under the procedures described in
41		-	s. 59.694 (10) (a), or if the decision is on an application
42		-	for an approval, as defined in s. 781.10 (1) (a), under the
43		-	procedures described in s. 59.694 (10) (b).
44		-	SECTION 6. 60.65 (6) of the statutes is created to read:
45		-	60.65 (6) JUDICIAL REVIEW. A decision of a board of
46		-	adjustment under this section is subject to review under
47		-	the procedures described in s. 59.694 (10) (a), or if the
48		-	decision is on an application for an approval, as defined
49		-	in s. 781.10 (1) (a), under the procedures described in s.
50		-	59.694 (10) (b).
51		-	SECTION 7. 62.23 (6) (g) of the statutes is amended
52		-	to read:
53		-	62.23 (6) (g) Before taking any action authorized in
54		-	this subsection, the board of appeals or city council shall
55		-	hold a hearing at which parties in interest and others shall
56		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
57		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 16 2023 Assembly Bill 266
58		-	have an opportunity to be heard. At least 15 days before
59		-	the hearing notice of the time and place of the hearing
60		-	shall be published as a class 1 notice, under ch. 985. Any
61		-	such decision under this paragraph shall be subject to
62		-	review by certiorari issued by a court of record in the
63		-	same manner and pursuant to the same provisions as in
64		-	appeals from the decisions of a board of appeals upon
65		-	zoning regulations pursuant to sub. (7) (e) 10. a., except
66		-	that if the decision is on an application for an approval,
67		-	as defined in s. 781.10 (1) (a), the decision shall be sub-
68		-	ject to review under the procedures contained in s.
69		-	781.10.
70		-	SECTION 8. 62.23 (6) (h) of the statutes is amended
71		-	to read:
72		-	62.23 (6) (h) In any city which that has established
73		-	an official map as herein authorized, no public sewer or
74		-	other municipal street utility or improvement shall may
75		-	be constructed in any street, highway, or parkway until
76		-	such the street, highway, or parkway is duly placed on the
77		-	official map. No permit for the erection of any building
78		-	shall may be issued unless a street, highway, or parkway
79		-	giving access to such the proposed structure has been
80		-	duly placed on the official map. Where the enforcement
81		-	of the provisions of this section would entail practical dif-
82		-	ficulty or unnecessary hardship, and where the circum-
83		-	stances of the case do not require the structure to be
84		-	related to existing or proposed streets, highways, or park-
85		-	ways, the applicant for such a permit may appeal from the
86		-	decision of the administrative officer having charge of
87		-	the issue of permits to the board of appeals in any city
88		-	which that has established a board having power to make
89		-	variances or exceptions in zoning regulations, and the
90		-	same provisions are applied to such appeals under this
91		-	paragraph and to such boards as are provided in cases of
92		-	appeals on zoning regulations. The board may in passing
93		-	on such an appeal under this paragraph make any reason-
94		-	able exception, and issue the permit subject to conditions
95		-	that will protect any future street, highway, or parkway
96		-	layout. Any such decision under this paragraph shall be
97		-	subject to review by certiorari issued by a court of record
98		-	in the same manner and pursuant to the same provisions
99		-	as in appeals from the decision of such board upon zoning
100		-	regulations sub. (7) (e) 10. a., except that if the decision
101		-	is on an application for an approval, as defined in s.
102		-	781.10 (1) (a), the decision shall be subject to review
103		-	under the procedures contained in s. 781.10. In any city
104		-	in which there is no such board of appeals the city council
105		-	shall have the same powers and be subject to the same
106		-	restrictions, and the same method of court review shall be
107		-	available. For such purpose such of appeal under this
108		-	paragraph, the council is authorized to act as a discre-
109		-	tionary administrative or quasi−judicial body. When so
110		-	acting it shall not sit as a legislative body, but in a separate
111		-	meeting and with separate minutes kept.
112		-	SECTION 9. 62.23 (7) (b) of the statutes is amended
113		-	to read:
114		-	62.23 (7) (b) Districts. For any and all of said pur-
115		-	poses the council may divide the city into districts of such
116		-	number, shape, and area as may be deemed best suited to
117		-	carry out the purposes of this section; and within such dis-
118		-	tricts it may regulate and restrict the erection, construc-
119		-	tion, reconstruction, alteration or use of buildings, struc-
120		-	tures or land. All such regulations shall be uniform for
121		-	each class or kind of buildings and for the use of land
122		-	throughout each district, but the regulations in one dis-
123		-	trict may differ from those in other districts. No ordi-
124		-	nance enacted or regulation adopted under this subsec-
125		-	tion may prohibit forestry operations that are in
126		-	accordance with generally accepted forestry manage-
127		-	ment practices, as defined under s. 823.075 (1) (d). The
128		-	council may establish mixed−use districts that contain
129		-	any combination of uses, such as industrial, commercial,
130		-	public, or residential uses, in a compact urban form. The
131		-	council may with the consent of the owners establish spe-
132		-	cial districts, to be called planned development districts,
133		-	with regulations in each, which in addition to those pro-
134		-	vided in par. (c), will over a period of time tend to pro-
135		-	mote the maximum benefit from coordinated area site
136		-	planning, and diversified location of structures and
137		-	which may have mixed compatible uses. Such regula-
138		-	tions shall provide for a safe and efficient system for
139		-	pedestrian and vehicular traffic, attractive recreation and
140		-	landscaped open spaces, economic design and location of
141		-	public and private utilities and community facilities and
142		-	insure ensure adequate standards of construction and
143		-	planning. Such regulations may also provide for the
144		-	development of the land in such districts with one or more
145		-	principal structures and related accessory uses, and in
146		-	planned development districts and mixed−use districts
147		-	the regulations need not be uniform.
148		-	SECTION 10. 62.23 (7) (de) 5. of the statutes is
149		-	amended to read:
150		-	62.23 (7) (de) 5. If a city denies a person’s conditional
151		-	use permit application, the person may appeal the deci-
152		-	sion to the circuit court under the procedures contained
153		-	in par. (e) 10. a., or if the decision is on an application for
154		-	an approval, as defined in s. 781.10 (1) (a), under the pro-
155		-	cedures described in par. (e) 10. b.
156		-	SECTION 11e. 62.23 (7) (e) 10. of the statutes is
157		-	renumbered 62.23 (7) (e) 10. a.
158		-	SECTION 11g. 62.23 (7) (e) 10. b. of the statutes is cre-
159		-	ated to read:
160		-	62.23 (7) (e) 10. b. Notwithstanding subd. 10. a., a
161		-	decision of the board of appeals on an application for an
162		-	approval, as defined in s. 781.10 (1) (a), is subject to
163		-	review under the procedures contained in s. 781.10.
164		-	SECTION 13. 66.10015 (title) of the statutes is
165		-	amended to read:
166		-	66.10015 (title) Limitation on development regu-
167		-	lation authority and down zoning.
168		-	SECTION 14. 66.10015 (1m) of the statutes is created
169		-	to read: − 3 − 2023 Wisconsin Act 16 2023 Assembly Bill 266
170		-	66.10015 (1m) APPLICABILITY OF DEFINITIONS. The
171		-	definitions under sub. (1) do not apply to s. 66.10016.
172		-	SECTION 15. 66.10015 (3) (title) of the statutes is
173		-	repealed and recreated to read:
174		-	66.10015 (3) (title) ZONING ORDINANCE AMEND-
175		-	MENTS.
176		-	SECTION 16. 66.10015 (3) of the statutes is renum-
177		-	bered 66.10015 (3) (b).
178		-	SECTION 17. 66.10015 (3) (a) of the statutes is created
179		-	to read:
180		-	66.10015 (3) (a) Except as provided in par. (b) and
181		-	ss. 59.69 (5) (e) 5m., 60.61 (4) (c) 3., and 62.23 (7) (d)
182		-	2m., the enactment of a zoning amendment shall be
183		-	approved by a simple majority of a quorum of the mem-
184		-	bers−elect.
185		-	SECTION 18. 66.10016 of the statutes is created to
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 266
	5	+	May 16, 2023 - Introduced by Representatives KRUG, BROOKS, ALLEN, EDMING,
	6	+	MOSES, MURPHY, O'CONNOR, PENTERMAN, SCHRAA, SNYDER, SORTWELL and
	7	+	SPIROS, cosponsored by Senators STROEBEL, QUINN, JAGLER and TESTIN.
	8	+	Referred to Committee on Housing and Real Estate.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to repeal 59.69 (5) (e) 5g., 60.61 (4) (c) 2. and 62.23 (7) (e) 15.; to
	11	+	renumber 66.10015 (3); to amend 59.69 (5e) (e), 60.61 (4e) (e), 62.23 (6) (g),
	12	+	62.23 (6) (h), 62.23 (7) (b), 62.23 (7) (de) 5., 66.10015 (title), 236.13 (5) and 781.10
	13	+	(2) (a); to repeal and recreate 59.694 (10), 62.23 (7) (e) 10. and 66.10015 (3)
	14	+	(title); and to create 60.65 (6), 66.10015 (1m), 66.10015 (3) (a), 66.10016,
	15	+	781.10, 808.04 (1s) and 809.108 of the statutes; relating to: judicial review of
	16	+	local governmental decisions related to certain land development, local
	17	+	approval of residential housing development, and amendment of zoning
	18	+	ordinances.
	19	+	Analysis by the Legislative Reference Bureau
	20	+	This bill requires political subdivisions to approve certain permit applications
	21	+	related to residential housing developments that are consistent with certain local
	22	+	requirements and limits the authority of a political subdivision to impose a
	23	+	supermajority requirement for a zoning ordinance amendment. The bill also
	24	+	specifies procedures that apply to judicial review of certain local determinations
	25	+	related to land use.
	26	+	Under the bill, a political subdivision must approve an application for a permit
	27	+	or administrative approval required to proceed with a residential housing
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	38	+	ASSEMBLY BILL 266
	39	+	development if the application is complete and the development meets the political
	40	+	subdivision's existing requirements that must be satisfied to obtain the permit. The
	41	+	bill also provides that, with limited exceptions, only a simple majority of a quorum
	42	+	of the members-elect of the governing body of a political subdivision is required to
	43	+	amend the political subdivision's zoning ordinance.
	44	+	Under current law, decisions of political subdivisions related to land use are
	45	+	often judicially reviewed using a common law procedure known as “certiorari”
	46	+	review. In general, under this type of review, a court receives the record created by
	47	+	the political subdivision and performs a limited review to test the validity of the
	48	+	decision. On certiorari review, a court is generally limited to determining whether
	49	+	1) the political subdivision's decision was within its jurisdiction; 2) the political
	50	+	subdivision acted according to law; 3) the decision was arbitrary, oppressive, or
	51	+	unreasonable; and 4) the evidence presented was such that the political subdivision
	52	+	might reasonably make the decision it did. There is a presumption of correctness and
	53	+	validity to the political subdivision's decision.
	54	+	The bill specifies certain details regarding the conduct of certiorari review of
	55	+	certain decisions of political subdivisions relating to zoning and residential land use.
	56	+	First, the bill limits the persons who may seek review of these decisions to those that
	57	+	1) submitted the application for approval; 2) have an ownership interest in the real
	58	+	property that is the subject of the application for an approval; 3) sustain actual
	59	+	damages or will imminently sustain actual damages that are personal to the person
	60	+	and distinct from damages that impact the public generally; or 4) are certain
	61	+	governmental actors. In addition, persons under item 3 must have provided a
	62	+	statement or appeared at a public proceeding and testified before the political
	63	+	subdivision on the approval proposed to be reviewed. Second, the bill requires that
	64	+	the certiorari action be filed within 30 days of the final decision of the political
	65	+	subdivision. Third, the bill specifies that a court must decide the action based only
	66	+	on the record provided by the political subdivision and may only affirm or reverse the
	67	+	decision or remand for further proceedings. Finally, the bill specifies deadlines for
	68	+	various steps in the review process to expedite the court's review and directs the court
	69	+	to give the action preference over other civil actions and proceedings.
	70	+	Currently, s. 66.10015, stats., includes several definitions. The bill specifies
	71	+	that the definitions that apply to s. 66.10015, stats., do not apply to s. 66.10016,
	72	+	stats., a new provision created in the bill.
	73	+	Because this bill may increase or decrease, directly or indirectly, the cost of the
	74	+	development, construction, financing, purchasing, sale, ownership, or availability of
	75	+	housing in this state, the Department of Administration, as required by law, will
	76	+	prepare a report to be printed as an appendix to this bill.
	77	+	For further information see the state and local fiscal estimate, which will be
	78	+	printed as an appendix to this bill.
	79	+	The people of the state of Wisconsin, represented in senate and assembly, do
	80	+	enact as follows: - 3 -2023 - 2024 Legislature
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	83	+	SECTION 1
	84	+	ASSEMBLY BILL 266
	85	+	SECTION 1. 59.69 (5) (e) 5g. of the statutes is repealed.
	86	+	SECTION 2. 59.69 (5e) (e) of the statutes is amended to read:
	87	+	59.69 (5e) (e) If a county denies a person's conditional use permit application,
	88	+	the person may appeal the decision to the circuit court under the procedures
	89	+	contained in s. 59.694 (10) 781.10. Notwithstanding s. 59.694 (4), a county may
	90	+	provide by ordinance that the county's decision on a conditional use permit
	91	+	application is not reviewable by the board of adjustment and may be appealed
	92	+	directly to the circuit court under the procedures contained in s. 781.10.
	93	+	SECTION 3. 59.694 (10) of the statutes is repealed and recreated to read:
	94	+	59.694 (10) JUDICIAL REVIEW. A decision of the board of adjustment under this
	95	+	section is subject to review by certiorari under s. 781.10.
	96	+	SECTION 4. 60.61 (4) (c) 2. of the statutes is repealed.
	97	+	SECTION 5. 60.61 (4e) (e) of the statutes is amended to read:
	98	+	60.61 (4e) (e) If a town denies a person's conditional use permit application, the
	99	+	person may appeal the decision to the circuit court under the procedures described
	100	+	in s. 59.694 (10) 781.10.
	101	+	SECTION 6. 60.65 (6) of the statutes is created to read:
	102	+	60.65 (6) JUDICIAL REVIEW. A decision of a board of adjustment under this
	103	+	section is subject to review by certiorari under s. 781.10.
	104	+	SECTION 7. 62.23 (6) (g) of the statutes is amended to read:
	105	+	62.23 (6) (g) Before taking any action authorized in this subsection, the board
	106	+	of appeals or city council shall hold a hearing at which parties in interest and others
	107	+	shall have an opportunity to be heard. At least 15 days before the hearing notice of
	108	+	the time and place of the hearing shall be published as a class 1 notice, under ch. 985.
	109	+	Any such decision under this paragraph shall be subject to review by certiorari
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	137	+	issued by a court of record in the same manner and pursuant to the same provisions
	138	+	as in appeals from the decisions of a board of appeals upon zoning regulations under
	139	+	s. 781.10.
	140	+	SECTION 8. 62.23 (6) (h) of the statutes is amended to read:
	141	+	62.23 (6) (h) In any city which that has established an official map as herein
	142	+	authorized, no public sewer or other municipal street utility or improvement shall
	143	+	may be constructed in any street, highway, or parkway until such the street,
	144	+	highway, or parkway is duly placed on the official map. No permit for the erection
	145	+	of any building shall may be issued unless a street, highway, or parkway giving
	146	+	access to such the proposed structure has been duly placed on the official map. Where
	147	+	the enforcement of the provisions of this section would entail practical difficulty or
	148	+	unnecessary hardship, and where the circumstances of the case do not require the
	149	+	structure to be related to existing or proposed streets, highways, or parkways, the
	150	+	applicant for such a permit may appeal from the decision of the administrative officer
	151	+	having charge of the issue of permits to the board of appeals in any city which that
	152	+	has established a board having power to make variances or exceptions in zoning
	153	+	regulations, and the same provisions are applied to such appeals under this
	154	+	paragraph and to such boards as are provided in cases of appeals on zoning
	155	+	regulations. The board may in passing on such an appeal under this paragraph make
	156	+	any reasonable exception, and issue the permit subject to conditions that will protect
	157	+	any future street, highway, or parkway layout. Any such decision under this
	158	+	paragraph shall be subject to review by certiorari issued by a court of record in the
	159	+	same manner and pursuant to the same provisions as in appeals from the decision
	160	+	of such board upon zoning regulations under s. 781.10. In any city in which there is
	161	+	no such board of appeals the city council shall have the same powers and be subject
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	189	+	SECTION 8
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	191	+	to the same restrictions, and the same method of court review shall be available. For
	192	+	such purpose such of appeal under this paragraph, the council is authorized to act
	193	+	as a discretionary administrative or quasi-judicial body. When so acting it shall not
	194	+	sit as a legislative body, but in a separate meeting and with separate minutes kept.
	195	+	SECTION 9. 62.23 (7) (b) of the statutes is amended to read:
	196	+	62.23 (7) (b) Districts. For any and all of said purposes the council may divide
	197	+	the city into districts of such number, shape, and area as may be deemed best suited
	198	+	to carry out the purposes of this section; and within such districts it may regulate and
	199	+	restrict the erection, construction, reconstruction, alteration or use of buildings,
	200	+	structures or land. All such regulations shall be uniform for each class or kind of
	201	+	buildings and for the use of land throughout each district, but the regulations in one
	202	+	district may differ from those in other districts. No ordinance enacted or regulation
	203	+	adopted under this subsection may prohibit forestry operations that are in
	204	+	accordance with generally accepted forestry management practices, as defined
	205	+	under s. 823.075 (1) (d). The council may establish mixed-use districts that contain
	206	+	any combination of uses, such as industrial, commercial, public, or residential uses,
	207	+	in a compact urban form. The council may with the consent of the owners establish
	208	+	special districts, to be called planned development districts, with regulations in each,
	209	+	which in addition to those provided in par. (c), will over a period of time tend to
	210	+	promote the maximum benefit from coordinated area site planning, and diversified
	211	+	location of structures and which may have mixed compatible uses. Such regulations
	212	+	shall provide for a safe and efficient system for pedestrian and vehicular traffic,
	213	+	attractive recreation and landscaped open spaces, economic design and location of
	214	+	public and private utilities and community facilities and insure ensure adequate
	215	+	standards of construction and planning. Such regulations may also provide for the
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	242	+	SECTION 9 ASSEMBLY BILL 266
	243	+	development of the land in such districts with one or more principal structures and
	244	+	related accessory uses, and in planned development districts and mixed-use
	245	+	districts the regulations need not be uniform.
	246	+	SECTION 10. 62.23 (7) (de) 5. of the statutes is amended to read:
	247	+	62.23 (7) (de) 5. If a city denies a person's conditional use permit application,
	248	+	the person may appeal the decision to the circuit court under the procedures
	249	+	contained in par. (e) 10. s. 781.10.
	250	+	SECTION 11. 62.23 (7) (e) 10. of the statutes is repealed and recreated to read:
	251	+	62.23 (7) (e) 10. A decision under this paragraph is subject to review by
	252	+	certiorari under s. 781.10.
	253	+	SECTION 12. 62.23 (7) (e) 15. of the statutes is repealed.
	254	+	SECTION 13. 66.10015 (title) of the statutes is amended to read:
	255	+	66.10015 (title) Limitation on development regulation authority and
	256	+	down zoning.
	257	+	SECTION 14. 66.10015 (1m) of the statutes is created to read:
	258	+	66.10015 (1m) APPLICABILITY OF DEFINITIONS. The definitions under sub. (1) do
	259	+	not apply to s. 66.10016.
	260	+	SECTION 15. 66.10015 (3) (title) of the statutes is repealed and recreated to
186	261		read:
187		-	66.10016 Permits for residential housing develop-
188		-	ments. (1) In this section:
189		-	(a) “Permit” means any permit or administrative
190		-	approval required to proceed with a residential housing
191		-	development. “Permit” does not include a change to an
192		-	existing ordinance or zoning classification of land or an
193		-	approval of a conditional use as defined under s. 59.69
194		-	(5e) (a) 1., 60.61 (4e) (a) 1., or 62.23 (7) (de) 1. a.
195		-	(b) “Political subdivision” means a city, village,
196		-	town, or county.
197		-	(c) “Residential housing development” means a
198		-	development for single−family or multi−family housing
199		-	for sale or rent.
200		-	(2) The definitions under s. 66.10015 (1) do not apply
201		-	to this section.
202		-	(3) If a person submits a complete application for a
203		-	permit related to a residential housing development
204		-	meeting all existing requirements that must be satisfied
205		-	to obtain the permit at the time the application is filed, the
206		-	political subdivision shall grant the application. An
207		-	application is deemed complete under this subsection if
208		-	it complies with form and content requirements. An
209		-	application is filed under this subsection on the date that
210		-	the political subdivision receives the application.
211		-	(4) A person aggrieved by a political subdivision’s
212		-	failure to approve an application under sub. (3) may seek
213		-	relief through an action for mandamus as provided in ch.
214		-	783. If the court finds that the political subdivision
215		-	improperly failed to approve the application under sub.
216		-	(3), the court shall issue a writ of mandamus ordering the
217		-	political subdivision to approve the application. For pur-
218		-	poses of any mandamus claim filed under this subsection,
219		-	substantial damages or injury shall be assumed.
220		-	SECTION 19e. 236.13 (5) of the statutes is renum-
221		-	bered 236.13 (5) (a) and amended to read:
222		-	236.13 (5) (a) Any person aggrieved by an objection
223		-	to a plat or a failure to approve a plat may appeal there-
224		-	from as provided in s. 62.23 (7) (e) 10. a., 14. and 15.,
225		-	within 30 days of notification of the rejection of the plat.
226		-	For the purpose of such an appeal under this paragraph,
227		-	the term “board of appeals” means an “approving author-
228		-	ity”. Where the failure to approve is based on an unsatis-
229		-	fied objection, the agency making the objection shall be
230		-	made a party to the action. The court shall direct that the
231		-	plat be approved if it finds that the action of the approving
232		-	authority or objecting agency is arbitrary, unreasonable,
233		-	or discriminatory.
234		-	SECTION 19g. 236.13 (5) (b) of the statutes is created
235		-	to read:
236		-	236.13 (5) (b) Notwithstanding par. (a), a decision of
237		-	an approving authority on an application for an approval,
238		-	as defined in s. 781.10 (1) (a), is subject to review under
239		-	the procedures contained in s. 781.10.
240		-	SECTION 20. 781.10 of the statutes is created to read:
241		-	781.10 Certiorari review of certain local deci-
242		-	sions. (1) DEFINITIONS. In this section:
243		-	(a) “Approval” means a permit or authorization for
244		-	building, zoning, driveway, stormwater, or other activity
245		-	related to residential development.
246		-	(b) “Political subdivision” means a city, village,
247		-	town, or county or a board of appeals or board of adjust-
248		-	ment.
249		-	(c) “Residential development” means the develop-
250		-	ment or redevelopment of land or buildings for the pri-
251		-	mary purpose of providing housing.
252		-	(2) JUDICIAL REVIEW. (a) A final decision of a politi-
253		-	cal subdivision or an agency of a political subdivision on
254		-	an application for an approval may be reviewed only by
	262	+	66.10015 (3) (title) ZONING ORDINANCE AMENDMENTS.
	263	+	SECTION 16. 66.10015 (3) of the statutes is renumbered 66.10015 (3) (b).
	264	+	SECTION 17. 66.10015 (3) (a) of the statutes is created to read:
	265	+	66.10015 (3) (a) Except as provided in par. (b) and ss. 59.69 (5) (e) 5m., 60.61
	266	+	(4) (c) 3., and 62.23 (7) (d) 2m., the enactment of a zoning amendment shall be
	267	+	approved by a simple majority of a quorum of the members-elect.
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	294	+	EVM&KRP:emw&amn
	295	+	SECTION 18
	296	+	ASSEMBLY BILL 266
	297	+	SECTION 18. 66.10016 of the statutes is created to read:
	298	+	66.10016 Permits for residential housing developments. (1) In this
	299	+	section:
	300	+	(a) “Permit” means any permit or administrative approval required to proceed
	301	+	with a residential housing development. “Permit” does not include a change to an
	302	+	existing ordinance or zoning classification of land or an approval of a conditional use
	303	+	as defined under s. 59.69 (5e) (a) 1., 60.61 (4e) (a) 1., or 62.23 (7) (de) 1. a.
	304	+	(b) “Political subdivision” means a city, village, town, or county.
	305	+	(c) “Residential housing development” means a development for single-family
	306	+	or multi-family housing for sale or rent.
	307	+	(2) The definitions under s. 66.10015 (1) do not apply to this section.
	308	+	(3) If a person submits a complete application for a permit related to a
	309	+	residential housing development meeting all existing requirements that must be
	310	+	satisfied to obtain the permit at the time the application is filed, the political
	311	+	subdivision shall grant the application. An application is deemed complete under
	312	+	this subsection if it complies with form and content requirements. An application
	313	+	is filed under this subsection on the date that the political subdivision receives the
	314	+	application.
	315	+	(4) A person aggrieved by a political subdivision's failure to approve an
	316	+	application under sub. (3) may seek relief through an action for mandamus as
	317	+	provided in ch. 783. If the court finds that the political subdivision improperly failed
	318	+	to approve the application under sub. (3), the court shall issue a writ of mandamus
	319	+	ordering the political subdivision to approve the application. For purposes of any
	320	+	mandamus claim filed under this subsection, substantial damages or injury shall be
	321	+	assumed.
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	348	+	SECTION 19 ASSEMBLY BILL 266
	349	+	SECTION 19. 236.13 (5) of the statutes is amended to read:
	350	+	236.13 (5) Any person aggrieved by an objection to a plat or a failure to approve
	351	+	a plat may appeal therefrom as provided in s. 62.23 (7) (e) 10., 14. and 15., within 30
	352	+	days of notification of the rejection of the plat. For the purpose of such appeal the
	353	+	term “board of appeals" means an “approving authority". Where the failure to
	354	+	approve is based on an unsatisfied objection, the agency making the objection shall
	355	+	be made a party to the action. The court shall direct that the plat be approved if it
	356	+	finds that the action of the approving authority or objecting agency is arbitrary,
	357	+	unreasonable or discriminatory 781.10.
	358	+	SECTION 20. 781.10 of the statutes is created to read:
	359	+	781.10 Certiorari review of certain local decisions. (1) DEFINITIONS. In
	360	+	this section:
	361	+	(a) “Approval” means a permit or authorization for building, zoning, driveway,
	362	+	stormwater, or other activity related to residential development.
	363	+	(b) “Political subdivision” means a city, village, town, or county or a board of
	364	+	appeals or board of adjustment.
	365	+	(c) “Residential development” means the development or redevelopment of
	366	+	land or buildings for the primary purpose of providing housing.
	367	+	(2) JUDICIAL REVIEW. (a) A final decision of a political subdivision or an agency
	368	+	of a political subdivision on an application for an approval may be reviewed only by
255	369		an action for certiorari as provided under this section.
256		-	(b) No action under this section may be filed more
257		-	than 30 days after the final decision by a political subdivi-
258		-	sion or agency of a political subdivision on an application
259		-	for an approval.
260		-	(c) An action under this section may be filed only by
261		-	any of the following:
262		-	1. The person who submitted the application for an
263		-	approval.
264		-	2. A person that has an ownership interest in the real
265		-	property that is the subject of the application for an
266		-	approval.
267		-	3. A person that, as a result of the final decision on
268		-	the application for an approval, sustains actual damages
269		-	or will imminently sustain actual damages that are per-
270		-	sonal to the person and distinct from damages that impact
271		-	the public generally. A person under this subdivision
272		-	may not seek review under this section unless, prior to the
273		-	final decision on the approval, the person provided a
274		-	statement in writing on the approval to the political sub-
275		-	division or agency of the political subdivision or
276		-	appeared and provided an oral statement at a public pro-
277		-	ceeding held by the political subdivision or agency of the
278		-	political subdivision at which the approval was consid-
279		-	ered.
280		-	4. A person, other than an individual, that satisfies all
281		-	of the following conditions: − 4 −2023 Wisconsin Act 16 2023 Assembly Bill 266
282		-	a. The person has as a member, partner, or stock-
283		-	holder at least one person described under subd. 1., 2., or
284		-	3.
285		-	b. The person was not organized or incorporated in
286		-	response to the application.
287		-	5. A local governmental unit, as defined in s. 66.0131
288		-	(1) (a).
289		-	6. To the extent authorized by law, a state agency, as
290		-	defined in s. 20.931 (1) (c), that is aggrieved by the final
291		-	decision on the application for approval.
292		-	(d) 1. The person seeking review under this section
293		-	shall file pleadings, which shall be served in the manner
294		-	provided in ch. 801 for service in civil actions. The
295		-	pleadings shall specify facts demonstrating that the per-
296		-	son has standing under par. (c) and shall identify the spe-
297		-	cific errors the person claims justify the requested relief.
298		-	The political subdivision shall have 45 days to file an
299		-	answer or other responsive pleading to the complaint.
300		-	The political subdivision shall transmit the record under
301		-	s. 781.03 (1) no later than 30 days after an answer or other
302		-	responsive pleading is filed.
303		-	2. The court shall require that any additional plead-
304		-	ings and any motions and supporting papers be filed no
305		-	later than 90 days after the expiration of the latest dead-
306		-	line under subd. 1. for filing answers or other responsive
307		-	pleadings. The court may supplement the record on
308		-	review only upon motion of a party for good cause.
309		-	3. The court shall give the action under this paragraph
310		-	preference over all other civil actions and proceedings.
311		-	4. The court shall decide the action under this para-
312		-	graph upon the return made by the political subdivision.
313		-	The court may reverse or affirm the determination
314		-	brought up for review or remand to the political subdivi-
315		-	sion for further proceedings consistent with the court’s
316		-	decision or take any other action that the court deems
317		-	appropriate in the interests of justice that is consistent
318		-	with judicial review of an action in certiorari. The court
319		-	shall issue a decision in writing no later than 60 days after
320		-	the deadline under subd. 2.
321		-	5. Any appeal of a decision issued under subd. 4. shall
322		-	be taken within the time period specified in s. 808.04 (1s).
323		-	SECTION 21. 781.10 (2) (a) of the statutes, as created
324		-	by 2023 Wisconsin Act .... (this act), is amended to read:
325		-	781.10 (2) (a) A Except as provided in s. 66.10016
326		-	(4), a final decision of a political subdivision or an agency
327		-	of a political subdivision on an application for an
328		-	approval may be reviewed only by an action for certiorari
329		-	as provided under this section.
330		-	SECTION 22. 808.04 (1s) of the statutes is created to
331		-	read:
332		-	808.04 (1s) An appeal under s. 781.10 (2) (d) 5. shall
333		-	be initiated within 30 days after the date of entry of the
	370	+	(b) No action under this section may be filed more than 30 days after the final
	371	+	decision by a political subdivision or agency of a political subdivision on an
	372	+	application for an approval.
	373	+	(c) An action under this section may be filed only by any of the following:
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	400	+	EVM&KRP:emw&amn
	401	+	SECTION 20
	402	+	ASSEMBLY BILL 266
	403	+	1. The person who submitted the application for an approval.
	404	+	2. A person that has an ownership interest in the real property that is the
	405	+	subject of the application for an approval.
	406	+	3. A person that, as a result of the final decision on the application for an
	407	+	approval, sustains actual damages or will imminently sustain actual damages that
	408	+	are personal to the person and distinct from damages that impact the public
	409	+	generally. A person under this subdivision may not seek review under this section
	410	+	unless, prior to the final decision on the approval, the person provided a statement
	411	+	in writing on the approval to the political subdivision or agency of the political
	412	+	subdivision or appeared and provided an oral statement at a public proceeding held
	413	+	by the political subdivision or agency of the political subdivision at which the
	414	+	approval was considered.
	415	+	4. A person, other than an individual, that satisfies all of the following
	416	+	conditions:
	417	+	a. The person has as a member, partner, or stockholder at least one person
	418	+	described under subd. 1., 2., or 3.
	419	+	b. The person was not organized or incorporated in response to the application.
	420	+	5. A local governmental unit, as defined in s. 66.0131 (1) (a).
	421	+	6. To the extent authorized by law, a state agency, as defined in s. 20.931 (1) (c),
	422	+	that is aggrieved by the final decision on the application for approval.
	423	+	(d) 1. The person seeking review under this section shall file pleadings, which
	424	+	shall be served in the manner provided in ch. 801 for service in civil actions. The
	425	+	pleadings shall specify facts demonstrating that the person has standing under par.
	426	+	(c) and shall identify the specific errors the person claims justify the requested relief.
	427	+	The political subdivision shall have 45 days to file an answer or other responsive
	428	+	1
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	453	+	EVM&KRP:emw&amn
	454	+	SECTION 20 ASSEMBLY BILL 266
	455	+	pleading to the complaint. The political subdivision shall transmit the record under
	456	+	s. 781.03 (1) no later than 30 days after an answer or other responsive pleading is
	457	+	filed.
	458	+	2. The court shall require that any additional pleadings and any motions and
	459	+	supporting papers be filed no later than 90 days after the expiration of the latest
	460	+	deadline under subd. 1. for filing answers or other responsive pleadings. The court
	461	+	may supplement the record on review only upon motion of a party for good cause.
	462	+	3. The court shall give the action under this paragraph preference over all other
	463	+	civil actions and proceedings.
	464	+	4. The court shall decide the action under this paragraph upon the return made
	465	+	by the political subdivision. The court may reverse or affirm the determination
	466	+	brought up for review or remand to the political subdivision for further proceedings
	467	+	consistent with the court's decision. The court shall issue a decision in writing no
	468	+	later than 60 days after the deadline under subd. 2.
	469	+	5. Any appeal of a decision issued under subd. 4. shall be taken within the time
	470	+	period specified in s. 808.04 (1s).
	471	+	SECTION 21. 781.10 (2) (a) of the statutes, as created by 2023 Wisconsin Act ....
	472	+	(this act), is amended to read:
	473	+	781.10 (2) (a) A Except as provided in s. 66.10016 (4), a final decision of a
	474	+	political subdivision or an agency of a political subdivision on an application for an
	475	+	approval may be reviewed only by an action for certiorari as provided under this
	476	+	section.
	477	+	SECTION 22. 808.04 (1s) of the statutes is created to read:
	478	+	808.04 (1s) An appeal under s. 781.10 (2) (d) 5. shall be initiated within 30 days
	479	+	after the date of entry of the judgment or order appealed from.
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	507	+	SECTION 23
	508	+	ASSEMBLY BILL 266
	509	+	SECTION 23. 809.108 of the statutes is created to read:
	510	+	809.108 Appeals in proceedings related to political subdivision
	511	+	approvals. (1) APPLICABILITY. This section applies to the appeal of a judgment or
	512	+	order under s. 781.10 (2) (d) 5. and supersedes all inconsistent provisions of this
	513	+	chapter.
	514	+	(2) INITIATING AN APPEAL. A party may initiate an appeal under this section by
	515	+	filing a notice of appeal with the clerk of the circuit court in which the judgment or
	516	+	order appealed from was entered and shall specify in the notice of appeal the
334	517		judgment or order appealed from.
335		-	SECTION 23. 809.108 of the statutes is created to read:
336		-	809.108 Appeals in proceedings related to politi-
337		-	cal subdivision approvals. (1) APPLICABILITY. This sec-
338		-	tion applies to the appeal of a judgment or order under s.
339		-	781.10 (2) (d) 5. and supersedes all inconsistent provi-
340		-	sions of this chapter.
341		-	(2) INITIATING AN APPEAL. A party may initiate an
342		-	appeal under this section by filing a notice of appeal with
343		-	the clerk of the circuit court in which the judgment or
344		-	order appealed from was entered and shall specify in the
345		-	notice of appeal the judgment or order appealed from.
346		-	(3) APPEAL PROCEDURE. Subsequent proceedings in
347		-	an appeal under this section are governed by the proce-
348		-	dures for civil appeals under this subchapter and the pro-
349		-	cedures under subch. VI, except as follows:
350		-	(a) The appellant shall file a brief within 30 days after
351		-	the filing of the record on appeal.
352		-	(b) The respondent shall file a brief within 30 days
353		-	after the service of the appellant’s brief.
354		-	(c) The appellant shall file within 15 days after the
355		-	service of the respondent’s brief a reply brief or statement
356		-	that a reply brief will not be filed.
357		-	(4) DECISION. The court of appeals shall give prefer-
358		-	ence to an appeal under this section and shall take the
359		-	appeal in an order that ensures that the court of appeals
360		-	issues a decision no later than 90 days after the deadline
361		-	under sub. (3) (c).
362		-	SECTION 24.0Initial applicability.
363		-	(1) This act first applies to a final decision, including
364		-	a final decision on an approval, as defined in s. 781.10 (1)
365		-	(a), made by a political subdivision, as defined in s.
366		-	781.10 (1) (b), on the effective date of this subsection.
367		-	SECTION 25.0Effective dates. This act takes effect on
368		-	the day after publication, except as follows:
369		-	(1) The renumbering of s. 66.10015 (3), the amend-
370		-	ment of s. 781.10 (2) (a), the repeal and recreation of s.
371		-	66.10015 (3) (title), and the creation of ss. 66.10015 (1m)
	518	+	(3) APPEAL PROCEDURE. Subsequent proceedings in an appeal under this section
	519	+	are governed by the procedures for civil appeals under this subchapter and the
	520	+	procedures under subch. VI, except as follows:
	521	+	(a) The appellant shall file a brief within 30 days after the filing of the record
	522	+	on appeal.
	523	+	(b) The respondent shall file a brief within 30 days after the service of the
	524	+	appellant's brief.
	525	+	(c) The appellant shall file within 15 days after the service of the respondent's
	526	+	brief a reply brief or statement that a reply brief will not be filed.
	527	+	(4) DECISION. The court of appeals shall give preference to an appeal under this
	528	+	section and shall take the appeal in an order that ensures that the court of appeals
	529	+	issues a decision no later than 90 days after the deadline under sub. (3) (c).
	530	+	SECTION 24.0Initial applicability.
	531	+	(1) This act first applies to a final decision, including a final decision on an
	532	+	approval, as defined in s. 781.10 (1) (a), made by a political subdivision, as defined
	533	+	in s. 781.10 (1) (b), on the effective date of this subsection.
	534	+	1
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	558	+	25 - 12 -2023 - 2024 Legislature LRB-0585/1
	559	+	EVM&KRP:emw&amn
	560	+	SECTION 25 ASSEMBLY BILL 266
	561	+	SECTION 25.0Effective dates. This act takes effect on the day after publication,
	562	+	except as follows:
	563	+	(1) The renumbering of s. 66.10015 (3), the amendment of s. 781.10 (2) (a), the
	564	+	repeal and recreation of s. 66.10015 (3) (title), and the creation of ss. 66.10015 (1m)
372	565		and (3) (a) and 66.10016 take effect on January 1, 2025.
	566	+	(END)
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