Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB691 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-4336/1
2	2	EVM:amn&cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 691
5	5	November 21, 2023 - Introduced by Senators TESTIN, JAMES, QUINN, STAFSHOLT and
6	6	WANGGAARD, cosponsored by Representatives HURD, KRUG, MACCO, MURSAU,
7	7	O'CONNOR, PETRYK, SCHMIDT and WITTKE. Referred to Committee on
8	8	Transportation and Local Government.
9	9	AN ACT to amend 62.23 (7a) (a) and 236.02 (5); and to create 60.10 (1) (h),
10	10	66.0217 (14) (c) and 66.0813 (7) of the statutes; relating to: water and
11	11	sewerage system connections and annexation of territory and extraterritorial
12	12	zoning in certain towns.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill allows certain towns to designate themselves as “urban towns,” a
15	15	designation that would limit the effect of extraterritorial zoning and plat approval
16	16	and annexation by other municipalities. The bill also requires local governments to
17	17	allow connection, with certain limited exceptions, to their water or sewerage systems
18	18	by certain other local governments.
19	19	Under the bill, a town that meets all of the following may designate itself as an
20	20	“urban town” upon approval by the town meeting:
21	21	1. The town has a population of more than 5,000 and a population density of
22	22	750 persons in any one square mile.
23	23	2. The town provides law enforcement service.
24	24	3. The town has enacted a subdivision ordinance.
25	25	4. The town has enacted a zoning ordinance or is subject to county zoning.
26	26	Under the bill, a town that has been designated as an urban town is not subject
27	27	to extraterritorial zoning or extraterritorial plat approval by a neighboring city or
28	28	village. Also under the bill, certain significantly developed territory of an urban town
29	29	may not be annexed to a city or village except by unanimous approval of all of the
30	30	property owners of the property to be annexed. The territory covered by this
31	31	1
32	32	2
33	33	3
34	34	4 - 2 -2023 - 2024 Legislature LRB-4336/1
35	35	EVM:amn&cdc
36	36	SENATE BILL 691
37	37	limitation is territory in the urban town that is within three miles of the corporate
38	38	limits of a first, second, or third class city, or one and one-half miles of a fourth class
39	39	city or a village if 1) the territory has an average of more than 30 housing units per
40	40	quarter section or 2) the territory has an assessed value, more than 25 percent of
41	41	which is attributable to existing or potential mercantile, manufacturing, or public
42	42	utility uses.
43	43	The bill also requires certain governmental units (cities, villages, and sanitary
44	44	or utility districts located in cities and villages) to allow connection with limited
45	45	exceptions to their sewer or water systems by urban towns (urban towns and
46	46	sanitary or utility districts located in urban towns), and vice versa. Specifically,
47	47	under the bill, an urban town may request the extension or connection of water or
48	48	sewer service from an adjacent governmental unit by filing a written request for
49	49	connection. The governmental unit may disapprove a request only if its water or
50	50	sewerage system does not have sufficient capacity to serve the area that is the subject
51	51	of the request as of the date of the filing. Likewise, a governmental unit may request
52	52	an extension or connection to the sewer or water system of an urban town and the
53	53	request must be approved unless the system does not have sufficient capacity to
54	54	serve the area covered by the request. The bill also provides that a landowner may
55	55	request a lateral connection to the water or sewerage system of a governmental unit
56	56	or urban town. A request of this sort may also be denied only upon a determination
57	57	of insufficient capacity.
58	58	For further information see the local fiscal estimate, which will be printed as
59	59	an appendix to this bill.
60	60	The people of the state of Wisconsin, represented in senate and assembly, do
61	61	enact as follows:
62	62	SECTION 1. 60.10 (1) (h) of the statutes is created to read:
63	63	60.10 (1) (h) Urban town designation. Designate the town as an urban town
64	64	if all of the following apply:
65	65	1. The town has a population of more than 5,000 and a population density of
66	66	750 persons in any one square mile.
67	67	2. The town provides law enforcement service in one of the manners provided
68	68	under s. 60.56 (1) (a) 1. to 4.
69	69	3. The town has enacted a subdivision ordinance under s. 236.45 (2) (ac).
70	70	4. The town has enacted a zoning ordinance under s. 60.61 or 60.62 or is subject
71	71	to county zoning under s. 59.69.
72	72	1
73	73	2
74	74	3
75	75	4
76	76	5
77	77	6
78	78	7
79	79	8
80	80	9
81	81	10 - 3 -2023 - 2024 Legislature
82	82	LRB-4336/1
83	83	EVM:amn&cdc
84	84	SECTION 2
85	85	SENATE BILL 691
86	86	SECTION 2. 62.23 (7a) (a) of the statutes is amended to read:
87	87	62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated
88	88	area, other than qualified urban town territory, as defined in s. 66.0217 (14) (c) 1.,
89	89	within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles
90	90	of a fourth class city or a village. The unincorporated area subject to extraterritorial
91	91	zoning jurisdiction includes areas that are either surrounding or entirely
92	92	surrounded by a single city or village. Wherever extraterritorial zoning jurisdictions
93	93	overlap, the provisions of s. 66.0105 shall apply and any subsequent alteration of the
94	94	corporate limits of the city by annexation, detachment or consolidation proceedings
95	95	shall not affect the dividing line as initially determined under s. 66.0105. The
96	96	governing body of the city shall specify by resolution the description of the area to
97	97	be zoned within its extraterritorial zoning jurisdiction sufficiently accurate to
98	98	determine its location and such area shall be contiguous to the city. The boundary
99	99	line of such area shall follow government lot or survey section or fractional section
100	100	lines or public roads, but need not extend to the limits of the extraterritorial zoning
101	101	jurisdiction. Within 15 days of the adoption of the resolution the governing body
102	102	shall declare its intention to prepare a comprehensive zoning ordinance for all or part
103	103	of its extraterritorial zoning jurisdiction by the publication of the resolution in a
104	104	newspaper having general circulation in the area proposed to be zoned, as a class 1
105	105	notice, under ch. 985. The city clerk shall mail a certified copy of the resolution and
106	106	a scale map reasonably showing the boundaries of the extraterritorial jurisdiction
107	107	to the clerk of the county in which the extraterritorial jurisdiction area is located and
108	108	to the town clerk of each town, any part of which is included in such area.
109	109	SECTION 3. 66.0217 (14) (c) of the statutes is created to read:
110	110	1
111	111	2
112	112	3
113	113	4
114	114	5
115	115	6
116	116	7
117	117	8
118	118	9
119	119	10
120	120	11
121	121	12
122	122	13
123	123	14
124	124	15
125	125	16
126	126	17
127	127	18
128	128	19
129	129	20
130	130	21
131	131	22
132	132	23
133	133	24 - 4 -2023 - 2024 Legislature LRB-4336/1
134	134	EVM:amn&cdc
135	135	SECTION 3 SENATE BILL 691
136	136	66.0217 (14) (c) 1. In this paragraph, “qualified urban town territory” means
137	137	the territory of an urban town designated under s. 60.10 (1) (h) that is within 3 miles
138	138	of the corporate limits of a 1st, 2nd, or 3rd class city, or 1.5 miles of a 4th class city
139	139	or a village if any of the following applies to the entire territory of the urban town
140	140	satisfying the proximity requirement under this subd. 1. (intro.):
141	141	a. The territory has an average of more than 30 housing units per quarter
142	142	section, excluding any mercantile, manufacturing, public utility developed areas,
143	143	publicly owned land, and areas where residential development is impracticable due
144	144	to geographic features, perpetually restricted development rights, or state law.
145	145	b. The territory has an assessed value for real estate tax purposes, more than
146	146	25 percent of which is attributable to existing or potential mercantile,
147	147	manufacturing, or public utility uses.
148	148	2. No qualified urban town territory may be annexed to a city or village unless
149	149	the annexation is by unanimous approval under sub. (2).
150	150	SECTION 4. 66.0813 (7) of the statutes is created to read:
151	151	66.0813 (7) (a) In this subsection:
152	152	1. “Commission" means the public service commission.
153	153	2. “Governmental unit" means a city or village that owns, operates, manages,
154	154	or controls a water or sewerage system or a sanitary or utility district that owns,
155	155	operates, manages, or controls a water or sewerage system that is located, in whole
156	156	or in part, in a city or village.
157	157	3. “Lateral" means the water or sewer lateral or service pipes to be constructed
158	158	or located from the lot line or near the lot line to the main or from the lot line to the
159	159	building to be serviced, or both.
160	160	1
161	161	2
162	162	3
163	163	4
164	164	5
165	165	6
166	166	7
167	167	8
168	168	9
169	169	10
170	170	11
171	171	12
172	172	13
173	173	14
174	174	15
175	175	16
176	176	17
177	177	18
178	178	19
179	179	20
180	180	21
181	181	22
182	182	23
183	183	24 - 5 -2023 - 2024 Legislature
184	184	LRB-4336/1
185	185	EVM:amn&cdc
186	186	SECTION 4
187	187	SENATE BILL 691
188	188	4. “Sewerage system" means all structures, conduits, pipelines, and
189	189	appurtenances by which sewage, storm water, or surface water are collected,
190	190	transported, pumped, treated, and disposed of, except plumbing inside and in
191	191	connection with buildings served, and service pipes from building to street main.
192	192	5. “Urban town" means an urban town designated under s. 60.10 (1) (h) that
193	193	owns, operates, manages, or controls a water or sewerage system or a sanitary or
194	194	utility district that owns, operates, manages, or controls a water or sewerage system
195	195	that is located, in whole or in part, in an urban town.
196	196	6. “Water system" means all structures, conduits, and appurtenances by means
197	197	of which water is delivered to consumers, except piping and fixtures inside buildings
198	198	served and service pipes from building to street main.
199	199	(b) 1. Notwithstanding subs. (1) and (3) to (5), an urban town may request the
200	200	extension or connection of water or sewer service from an adjacent governmental
201	201	unit by filing a written request for connection with the governmental unit's clerk or,
202	202	if the governmental unit does not have a clerk, the governmental unit's secretary.
203	203	The urban town shall specify in its request the area that will be served by the
204	204	extension or connection. The urban town may specify the point on the water or
205	205	sewerage system from which service is to be extended or connected.
206	206	2. A governmental unit shall make a written determination approving or
207	207	denying a request under subd. 1. within 45 days of receiving the request. The
208	208	governmental unit may disapprove a request under subd. 1. only if its water or
209	209	sewerage system does not have sufficient capacity to serve the area that is the subject
210	210	of the request as of the date of the filing under subd. 1. The system shall be
211	211	considered to have sufficient capacity if the urban town agrees to pay for the
212	212	expansion of the system to accommodate the request.
213	213	1
214	214	2
215	215	3
216	216	4
217	217	5
218	218	6
219	219	7
220	220	8
221	221	9
222	222	10
223	223	11
224	224	12
225	225	13
226	226	14
227	227	15
228	228	16
229	229	17
230	230	18
231	231	19
232	232	20
233	233	21
234	234	22
235	235	23
236	236	24
237	237	25 - 6 -2023 - 2024 Legislature LRB-4336/1
238	238	EVM:amn&cdc
239	239	SECTION 4 SENATE BILL 691
240	240	3. An urban town may appeal a denial under subd. 2. to the commission. The
241	241	commission may include in its decision conditions on the extension or connection of
242	242	service to ensure that costs resulting from the extension or connection are borne by
243	243	the users causing the costs and that the connection point is reasonable. The urban
244	244	town or the governmental unit may appeal the decision of the commission to the
245	245	circuit court for the county in which the proposed extension or connection would
246	246	occur.
247	247	4. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
248	248	the portion of the water or sewerage system located in the urban town shall be owned
249	249	and maintained by the urban town unless the urban town and the governmental unit
250	250	agree otherwise.
251	251	5. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
252	252	the governmental unit may charge benefited landowners in the urban town a fee that
253	253	bears a reasonable relationship to the costs incurred by the governmental unit in
254	254	providing the water or sewer service to those benefited properties. A fee is
255	255	unreasonable under this subdivision if it does not directly arise out of the
256	256	governmental unit's cost or if it is not proportionate to what a similarly situated
257	257	parcel in the governmental unit would be charged for the same service.
258	258	6. The cost of an urban town's construction and connection of its water or
259	259	sewerage system to a governmental unit's water or sewerage system pursuant to an
260	260	approval under subd. 2. or 3. is the responsibility of the urban town.
261	261	(c) 1. Notwithstanding subs. (1) and (3) to (5), a governmental unit may request
262	262	the extension or connection of water or sewer service from an adjacent urban town
263	263	by filing a written request for connection with the urban town's clerk, or if the urban
264	264	town does not have a clerk, the urban town's secretary. The governmental unit shall
265	265	1
266	266	2
267	267	3
268	268	4
269	269	5
270	270	6
271	271	7
272	272	8
273	273	9
274	274	10
275	275	11
276	276	12
277	277	13
278	278	14
279	279	15
280	280	16
281	281	17
282	282	18
283	283	19
284	284	20
285	285	21
286	286	22
287	287	23
288	288	24
289	289	25 - 7 -2023 - 2024 Legislature
290	290	LRB-4336/1
291	291	EVM:amn&cdc
292	292	SECTION 4
293	293	SENATE BILL 691
294	294	specify in its request the area that will be served by the extension or connection. The
295	295	governmental unit may specify the point on the water or sewerage system from
296	296	which service is to be extended or connected.
297	297	2. An urban town shall make a written determination approving or denying a
298	298	request under subd. 1. within 45 days of receiving the request. The urban town may
299	299	disapprove a request under subd. 1. only if its water or sewerage system does not
300	300	have sufficient capacity to serve the area that is the subject of the request as of the
301	301	date of the filing under subd. 1. The system shall be considered to have sufficient
302	302	capacity if the governmental unit agrees to pay for the expansion of the system to
303	303	accommodate the request.
304	304	3. A governmental unit may appeal a denial under subd. 2. to the commission.
305	305	The commission may include in its decision conditions on the extension or connection
306	306	of service to ensure that costs resulting from the extension or connection are borne
307	307	by the users causing the costs and that the connection point is reasonable. The urban
308	308	town or governmental unit may appeal the decision of the commission to the circuit
309	309	court for the county in which the proposed extension or connection would occur.
310	310	4. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
311	311	the portion of the water or sewerage system located in the governmental unit shall
312	312	be owned and maintained by the governmental unit unless the urban town and the
313	313	governmental unit agree otherwise.
314	314	5. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
315	315	the urban town may charge benefited landowners in the governmental unit a fee that
316	316	bears a reasonable relationship to the costs incurred by the urban town in providing
317	317	the water or sewer service to those benefited properties. A fee is unreasonable if it
318	318	1
319	319	2
320	320	3
321	321	4
322	322	5
323	323	6
324	324	7
325	325	8
326	326	9
327	327	10
328	328	11
329	329	12
330	330	13
331	331	14
332	332	15
333	333	16
334	334	17
335	335	18
336	336	19
337	337	20
338	338	21
339	339	22
340	340	23
341	341	24 - 8 -2023 - 2024 Legislature LRB-4336/1
342	342	EVM:amn&cdc
343	343	SECTION 4 SENATE BILL 691
344	344	does not directly arise out of the urban town's cost or if it is not proportionate to what
345	345	a similarly situated parcel in the urban town would be charged for the same service.
346	346	6. The cost of construction and connection of the water or sewerage system of
347	347	a governmental unit to an urban town's water or sewerage system pursuant to an
348	348	approval under subd. 2. or 3. is the responsibility of the governmental unit.
349	349	(d) 1. Notwithstanding subs. (1) and (3) to (5), a landowner may request a
350	350	lateral connection to the water or sewerage system of a governmental unit or urban
351	351	town by filing a written request for connection with the clerk of the governmental
352	352	unit or urban town or, if the governmental unit or urban town does not have a clerk,
353	353	the governmental unit's secretary.
354	354	2. A governmental unit or urban town shall make a written determination
355	355	approving or denying a request under subd. 1. within 45 days of receiving the
356	356	request. The governmental unit or urban town may disapprove a request under
357	357	subd. 1. only if its water or sewerage system does not have sufficient capacity to serve
358	358	the landowner as of the date of the filing under subd. 1. The system shall be
359	359	considered to have sufficient capacity if the landowner agrees to pay for the
360	360	expansion of the system to accommodate the request.
361	361	3. A landowner may appeal a denial under subd. 2. to the commission. The
362	362	commission may include in its decision conditions on the lateral connection to ensure
363	363	that costs resulting from the lateral connection are borne by the landowner. The
364	364	landowner or the governmental unit or urban town may appeal the decision of the
365	365	commission to the circuit court for the county in which the proposed lateral
366	366	connection would occur.
367	367	4. Upon connection pursuant to an approval under subd. 2. or 3., the
368	368	governmental unit or urban town may charge the landowner a fee that bears a
369	369	1
370	370	2
371	371	3
372	372	4
373	373	5
374	374	6
375	375	7
376	376	8
377	377	9
378	378	10
379	379	11
380	380	12
381	381	13
382	382	14
383	383	15
384	384	16
385	385	17
386	386	18
387	387	19
388	388	20
389	389	21
390	390	22
391	391	23
392	392	24
393	393	25 - 9 -2023 - 2024 Legislature
394	394	LRB-4336/1
395	395	EVM:amn&cdc
396	396	SECTION 4
397	397	SENATE BILL 691
398	398	reasonable relationship to the costs incurred by the governmental unit or urban town
399	399	in providing the water or sewer service to the landowner's property. A fee is
400	400	unreasonable if it does not directly arise out of the governmental unit's or urban
401	401	town's cost or if it is not proportionate to what a similarly situated parcel in the
402	402	governmental unit or urban town would be charged for the same service.
403	403	5. The cost of constructing and installing the lateral connection to the water or
404	404	sewerage system of the governmental unit or urban town pursuant to an approval
405	405	under subd. 2. or 3. is the responsibility of the landowner. The governmental unit
406	406	or urban town may charge the landowner a lateral connection fee that is equivalent
407	407	to the lateral connection fee that would be charged to a similarly situated parcel in
408	408	the governmental unit or urban town.
409	409	6. A governmental unit or urban town may not prohibit a lateral connection
410	410	under this paragraph except for prior nonpayment of water or sewer charges by the
411	411	landowner.
412	412	(e) An intergovernmental cooperation agreement may not include a limitation
413	413	on the ability of an urban town to seek or obtain extension or connection of water or
414	414	sewer service under par. (b).
415	415	SECTION 5. 236.02 (5) of the statutes is amended to read:
416	416	236.02 (5) “Extraterritorial plat approval jurisdiction" means the
417	417	unincorporated area, other than qualified urban town territory, as defined in s.
418	418	66.0217 (14) (c) 1., within 3 miles of the corporate limits of a first, second or third class
419	419	city, or 1 1/2 miles of a fourth class city or a village.
420	420	(END)
421	421	1
422	422	2
423	423	3
424	424	4
425	425	5
426	426	6
427	427	7
428	428	8
429	429	9
430	430	10
431	431	11
432	432	12
433	433	13
434	434	14
435	435	15
436	436	16
437	437	17
438	438	18
439	439	19
440	440	20
441	441	21
442	442	22
443	443	23