Wisconsin Senate Bill SB296

Wisconsin 2023-2024 Regular Session

• Introduced: 5/15/23
• Refer: 5/15/23
• Report Pass: 6/9/23
• Failed: 4/15/24

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 implications of SB 296 could be significant for local governance and housing availability in Wisconsin. By standardizing the approval process and reducing the barriers to zoning changes, the bill is expected to facilitate faster residential development, potentially addressing housing shortages. However, it also raises concerns regarding local control over land use and the preservation of neighborhood character, as municipalities may have less authority to reject developments that do not align with community interests.

Summary

Senate Bill 296 introduces a series of amendments aimed at modifying the processes related to residential housing development and local governmental decision-making in zoning matters. The bill mandates that political subdivisions, such as cities and counties, must approve complete applications for residential development permits if they meet existing local requirements. It also limits the ability of these subdivisions to impose supermajority voting requirements for zoning ordinance amendments, making changes more accessible to developers and homeowners looking to expand or adjust local housing stocks.

Contention

Opponents of SB 296 argue that it undermines local autonomy and could lead to unintended consequences, such as increased density in certain areas without adequate infrastructure improvements. The provisions for judicial review through certiorari highlight the intent to ensure that decisions made by political subdivisions are not arbitrarily overturned; nonetheless, critics fear that the expedited review processes may prioritize development interests over local residents' needs and preferences.

Additional_points

Another critical aspect of the bill is its stipulation that judicial reviews of decisions related to land development and zoning will be handled under specific conditions outlined in the newly created statutes. The proposed changes would also provide leverage to individuals adversely affected by local decisions, allowing them to seek mandamus relief if their permit applications are unjustly denied.