Date of enactment: June 22, 2023
2023 Assembly Bill 266 Date of publication*: June 23, 2023
2023 WISCONSIN ACT 16
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
(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
(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
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,
808.04 (1s) and 809.108 of the statutes; relating to: judicial review of local governmental decisions related to certain
land development, local approval of residential housing development, and amendment of zoning ordinances.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 59.69 (5) (e) 5g. of the statutes is
repealed.
SECTION 2. 59.69 (5e) (e) of the statutes is amended
to read:
59.69 (5e) (e) If a county denies a person’s condi-
tional use permit application, the person may appeal the
decision to the circuit court under the procedures con-
tained in s. 59.694 (10) (a), or if the decision is on an
application for an approval, as defined in s. 781.10 (1) (a),
under the procedures described in s. 59.694 (10) (b). Not-
withstanding s. 59.694 (4), a county may provide by ordi-
nance that the county’s decision on a conditional use per-
mit application is not reviewable by the board of
adjustment and may be appealed directly to the circuit
court under the procedures contained in s. 59.694 (10).
SECTION 3e. 59.694 (10) of the statutes is renum-
bered 59.694 (10) (a).
SECTION 3g. 59.694 (10) (b) of the statutes is created
to read:
59.694 (10) (b) Notwithstanding par. (a), a decision
of the board of adjustment on an application for an
approval, as defined in s. 781.10 (1) (a), is subject to
review under the procedures contained in s. 781.10.
SECTION 4. 60.61 (4) (c) 2. of the statutes is repealed.
SECTION 5. 60.61 (4e) (e) of the statutes is amended
to read:
60.61 (4e) (e) If a town denies a person’s conditional
use permit application, the person may appeal the deci-
sion to the circuit court under the procedures described in
s. 59.694 (10) (a), or if the decision is on an application
for an approval, as defined in s. 781.10 (1) (a), under the
procedures described in s. 59.694 (10) (b).
SECTION 6. 60.65 (6) of the statutes is created to read:
60.65 (6) JUDICIAL REVIEW. A decision of a board of
adjustment under this section is subject to review under
the procedures described in s. 59.694 (10) (a), or if the
decision is on an application for an approval, as defined
in s. 781.10 (1) (a), under the procedures described in s.
59.694 (10) (b).
SECTION 7. 62.23 (6) (g) of the statutes is amended
to read:
62.23 (6) (g) Before taking any action authorized in
this subsection, the board of appeals or city council shall
hold a hearing at which parties in interest and others shall
* 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
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
have an opportunity to be heard. At least 15 days before
the hearing notice of the time and place of the hearing
shall be published as a class 1 notice, under ch. 985. Any
such decision under this paragraph shall be subject to
review by certiorari issued by a court of record in the
same manner and pursuant to the same provisions as in
appeals from the decisions of a board of appeals upon
zoning regulations pursuant to sub. (7) (e) 10. a., except
that if the decision is on an application for an approval,
as defined in s. 781.10 (1) (a), the decision shall be sub-
ject to review under the procedures contained in s.
781.10.
SECTION 8. 62.23 (6) (h) of the statutes is amended
to read:
62.23 (6) (h) In any city which that has established
an official map as herein authorized, no public sewer or
other municipal street utility or improvement shall may
be constructed in any street, highway, or parkway until
such the street, highway, or parkway is duly placed on the
official map. No permit for the erection of any building
shall may be issued unless a street, highway, or parkway
giving access to such the proposed structure has been
duly placed on the official map. Where the enforcement
of the provisions of this section would entail practical dif-
ficulty or unnecessary hardship, and where the circum-
stances of the case do not require the structure to be
related to existing or proposed streets, highways, or park-
ways, the applicant for such a permit may appeal from the
decision of the administrative officer having charge of
the issue of permits to the board of appeals in any city
which that has established a board having power to make
variances or exceptions in zoning regulations, and the
same provisions are applied to such appeals under this
paragraph and to such boards as are provided in cases of
appeals on zoning regulations. The board may in passing
on such an appeal under this paragraph make any reason-
able exception, and issue the permit subject to conditions
that will protect any future street, highway, or parkway
layout. Any such decision under this paragraph shall be
subject to review by certiorari issued by a court of record
in the same manner and pursuant to the same provisions
as in appeals from the decision of such board upon zoning
regulations sub. (7) (e) 10. a., except that if the decision
is on an application for an approval, as defined in s.
781.10 (1) (a), the decision shall be subject to review
under the procedures contained in s. 781.10. In any city
in which there is no such board of appeals the city council
shall have the same powers and be subject to the same
restrictions, and the same method of court review shall be
available. For such purpose such of appeal under this
paragraph, the council is authorized to act as a discre-
tionary administrative or quasi−judicial body. When so
acting it shall not sit as a legislative body, but in a separate
meeting and with separate minutes kept.
SECTION 9. 62.23 (7) (b) of the statutes is amended
to read:
62.23 (7) (b) Districts. For any and all of said pur-
poses the council may divide the city into districts of such
number, shape, and area as may be deemed best suited to
carry out the purposes of this section; and within such dis-
tricts it may regulate and restrict the erection, construc-
tion, reconstruction, alteration or use of buildings, struc-
tures or land. All such regulations shall be uniform for
each class or kind of buildings and for the use of land
throughout each district, but the regulations in one dis-
trict may differ from those in other districts. No ordi-
nance enacted or regulation adopted under this subsec-
tion may prohibit forestry operations that are in
accordance with generally accepted forestry manage-
ment practices, as defined under s. 823.075 (1) (d). The
council may establish mixed−use districts that contain
any combination of uses, such as industrial, commercial,
public, or residential uses, in a compact urban form. The
council may with the consent of the owners establish spe-
cial districts, to be called planned development districts,
with regulations in each, which in addition to those pro-
vided in par. (c), will over a period of time tend to pro-
mote the maximum benefit from coordinated area site
planning, and diversified location of structures and
which may have mixed compatible uses. Such regula-
tions shall provide for a safe and efficient system for
pedestrian and vehicular traffic, attractive recreation and
landscaped open spaces, economic design and location of
public and private utilities and community facilities and
insure ensure adequate standards of construction and
planning. Such regulations may also provide for the
development of the land in such districts with one or more
principal structures and related accessory uses, and in
planned development districts and mixed−use districts
the regulations need not be uniform.
SECTION 10. 62.23 (7) (de) 5. of the statutes is
amended to read:
62.23 (7) (de) 5. If a city denies a person’s conditional
use permit application, the person may appeal the deci-
sion to the circuit court under the procedures contained
in par. (e) 10. a., or if the decision is on an application for
an approval, as defined in s. 781.10 (1) (a), under the pro-
cedures described in par. (e) 10. b.
SECTION 11e. 62.23 (7) (e) 10. of the statutes is
renumbered 62.23 (7) (e) 10. a.
SECTION 11g. 62.23 (7) (e) 10. b. of the statutes is cre-
ated to read:
62.23 (7) (e) 10. b. Notwithstanding subd. 10. a., a
decision of the board of appeals on an application for an
approval, as defined in s. 781.10 (1) (a), is subject to
review under the procedures contained in s. 781.10.
SECTION 13. 66.10015 (title) of the statutes is
amended to read:
66.10015 (title) Limitation on development regu-
lation authority and down zoning.
SECTION 14. 66.10015 (1m) of the statutes is created
to read: − 3 − 2023 Wisconsin Act 16 2023 Assembly Bill 266
66.10015 (1m) APPLICABILITY OF DEFINITIONS. The
definitions under sub. (1) do not apply to s. 66.10016.
SECTION 15. 66.10015 (3) (title) of the statutes is
repealed and recreated to read:
66.10015 (3) (title) ZONING ORDINANCE AMEND-
MENTS.
SECTION 16. 66.10015 (3) of the statutes is renum-
bered 66.10015 (3) (b).
SECTION 17. 66.10015 (3) (a) of the statutes is created
to read:
66.10015 (3) (a) Except as provided in par. (b) and
ss. 59.69 (5) (e) 5m., 60.61 (4) (c) 3., and 62.23 (7) (d)
2m., the enactment of a zoning amendment shall be
approved by a simple majority of a quorum of the mem-
bers−elect.
SECTION 18. 66.10016 of the statutes is created to
read:
66.10016 Permits for residential housing develop-
ments. (1) In this section:
(a) “Permit” means any permit or administrative
approval required to proceed with a residential housing
development. “Permit” does not include a change to an
existing ordinance or zoning classification of land or an
approval of a conditional use as defined under s. 59.69
(5e) (a) 1., 60.61 (4e) (a) 1., or 62.23 (7) (de) 1. a.
(b) “Political subdivision” means a city, village,
town, or county.
(c) “Residential housing development” means a
development for single−family or multi−family housing
for sale or rent.
(2) The definitions under s. 66.10015 (1) do not apply
to this section.
(3) If a person submits a complete application for a
permit related to a residential housing development
meeting all existing requirements that must be satisfied
to obtain the permit at the time the application is filed, the
political subdivision shall grant the application. An
application is deemed complete under this subsection if
it complies with form and content requirements. An
application is filed under this subsection on the date that
the political subdivision receives the application.
(4) A person aggrieved by a political subdivision’s
failure to approve an application under sub. (3) may seek
relief through an action for mandamus as provided in ch.
783. If the court finds that the political subdivision
improperly failed to approve the application under sub.
(3), the court shall issue a writ of mandamus ordering the
political subdivision to approve the application. For pur-
poses of any mandamus claim filed under this subsection,
substantial damages or injury shall be assumed.
SECTION 19e. 236.13 (5) of the statutes is renum-
bered 236.13 (5) (a) and amended to read:
236.13 (5) (a) Any person aggrieved by an objection
to a plat or a failure to approve a plat may appeal there-
from as provided in s. 62.23 (7) (e) 10. a., 14. and 15.,
within 30 days of notification of the rejection of the plat.
For the purpose of such an appeal under this paragraph,
the term “board of appeals” means an “approving author-
ity”. Where the failure to approve is based on an unsatis-
fied objection, the agency making the objection shall be
made a party to the action. The court shall direct that the
plat be approved if it finds that the action of the approving
authority or objecting agency is arbitrary, unreasonable,
or discriminatory.
SECTION 19g. 236.13 (5) (b) of the statutes is created
to read:
236.13 (5) (b) Notwithstanding par. (a), a decision of
an approving authority on an application for an approval,
as defined in s. 781.10 (1) (a), is subject to review under
the procedures contained in s. 781.10.
SECTION 20. 781.10 of the statutes is created to read:
781.10 Certiorari review of certain local deci-
sions. (1) DEFINITIONS. In this section:
(a) “Approval” means a permit or authorization for
building, zoning, driveway, stormwater, or other activity
related to residential development.
(b) “Political subdivision” means a city, village,
town, or county or a board of appeals or board of adjust-
ment.
(c) “Residential development” means the develop-
ment or redevelopment of land or buildings for the pri-
mary purpose of providing housing.
(2) JUDICIAL REVIEW. (a) A final decision of a politi-
cal subdivision or an agency of a political subdivision on
an application for an approval may be reviewed only by
an action for certiorari as provided under this section.
(b) No action under this section may be filed more
than 30 days after the final decision by a political subdivi-
sion or agency of a political subdivision on an application
for an approval.
(c) An action under this section may be filed only by
any of the following:
1. The person who submitted the application for an
approval.
2. A person that has an ownership interest in the real
property that is the subject of the application for an
approval.
3. A person that, as a result of the final decision on
the application for an approval, sustains actual damages
or will imminently sustain actual damages that are per-
sonal to the person and distinct from damages that impact
the public generally. A person under this subdivision
may not seek review under this section unless, prior to the
final decision on the approval, the person provided a
statement in writing on the approval to the political sub-
division or agency of the political subdivision or
appeared and provided an oral statement at a public pro-
ceeding held by the political subdivision or agency of the
political subdivision at which the approval was consid-
ered.
4. A person, other than an individual, that satisfies all
of the following conditions: − 4 −2023 Wisconsin Act 16 2023 Assembly Bill 266
a. The person has as a member, partner, or stock-
holder at least one person described under subd. 1., 2., or
3.
b. The person was not organized or incorporated in
response to the application.
5. A local governmental unit, as defined in s. 66.0131
(1) (a).
6. To the extent authorized by law, a state agency, as
defined in s. 20.931 (1) (c), that is aggrieved by the final
decision on the application for approval.
(d) 1. The person seeking review under this section
shall file pleadings, which shall be served in the manner
provided in ch. 801 for service in civil actions. The
pleadings shall specify facts demonstrating that the per-
son has standing under par. (c) and shall identify the spe-
cific errors the person claims justify the requested relief.
The political subdivision shall have 45 days to file an
answer or other responsive pleading to the complaint.
The political subdivision shall transmit the record under
s. 781.03 (1) no later than 30 days after an answer or other
responsive pleading is filed.
2. The court shall require that any additional plead-
ings and any motions and supporting papers be filed no
later than 90 days after the expiration of the latest dead-
line under subd. 1. for filing answers or other responsive
pleadings. The court may supplement the record on
review only upon motion of a party for good cause.
3. The court shall give the action under this paragraph
preference over all other civil actions and proceedings.
4. The court shall decide the action under this para-
graph upon the return made by the political subdivision.
The court may reverse or affirm the determination
brought up for review or remand to the political subdivi-
sion for further proceedings consistent with the court’s
decision or take any other action that the court deems
appropriate in the interests of justice that is consistent
with judicial review of an action in certiorari. The court
shall issue a decision in writing no later than 60 days after
the deadline under subd. 2.
5. Any appeal of a decision issued under subd. 4. shall
be taken within the time period specified in s. 808.04 (1s).
SECTION 21. 781.10 (2) (a) of the statutes, as created
by 2023 Wisconsin Act .... (this act), is amended to read:
781.10 (2) (a) A Except as provided in s. 66.10016
(4), a final decision of a political subdivision or an agency
of a political subdivision on an application for an
approval may be reviewed only by an action for certiorari
as provided under this section.
SECTION 22. 808.04 (1s) of the statutes is created to
read:
808.04 (1s) An appeal under s. 781.10 (2) (d) 5. shall
be initiated within 30 days after the date of entry of the
judgment or order appealed from.
SECTION 23. 809.108 of the statutes is created to read:
809.108 Appeals in proceedings related to politi-
cal subdivision approvals. (1) APPLICABILITY. This sec-
tion applies to the appeal of a judgment or order under s.
781.10 (2) (d) 5. and supersedes all inconsistent provi-
sions of this chapter.
(2) INITIATING AN APPEAL. A party may initiate an
appeal under this section by filing a notice of appeal with
the clerk of the circuit court in which the judgment or
order appealed from was entered and shall specify in the
notice of appeal the judgment or order appealed from.
(3) APPEAL PROCEDURE. Subsequent proceedings in
an appeal under this section are governed by the proce-
dures for civil appeals under this subchapter and the pro-
cedures under subch. VI, except as follows:
(a) The appellant shall file a brief within 30 days after
the filing of the record on appeal.
(b) The respondent shall file a brief within 30 days
after the service of the appellant’s brief.
(c) The appellant shall file within 15 days after the
service of the respondent’s brief a reply brief or statement
that a reply brief will not be filed.
(4) DECISION. The court of appeals shall give prefer-
ence to an appeal under this section and shall take the
appeal in an order that ensures that the court of appeals
issues a decision no later than 90 days after the deadline
under sub. (3) (c).
SECTION 24.0Initial applicability.
(1) This act first applies to a final decision, including
a final decision on an approval, as defined in s. 781.10 (1)
(a), made by a political subdivision, as defined in s.
781.10 (1) (b), on the effective date of this subsection.
SECTION 25.0Effective dates. This act takes effect on
the day after publication, except as follows:
(1) The renumbering of s. 66.10015 (3), the amend-
ment of s. 781.10 (2) (a), the repeal and recreation of s.
66.10015 (3) (title), and the creation of ss. 66.10015 (1m)
and (3) (a) and 66.10016 take effect on January 1, 2025.