Assembly Bill 260
Extraterritorial plat approval on basis of land's use
Topics: Maps, Municipality: Planning, Plats, Surveying and surveyors, Village
Became law
The governor signed it on May 19, 2010. It's .
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Introduced, passed
May 8, 2009
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Committee, passed
Approved
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Assembly vote, passed
Passed Feb 23, 2010
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Senate vote, passed
Passed 27 to 6
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Governor, passed
Signed
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Law, here now
2009 Wisconsin Act 399
Latest entry in the official record, May 21, 2010: “Published 6-1-2010”
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Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Current law specifies whether a county, town, city, or village has the right to approve or object to a plat (the map of a subdivision). Generally, the location of the subdivision determines which local governmental unit or units have the right to approve the plat. However, if a subdivision lies in the unincorporated area within three miles of the corporate limits of a first, second, or third class city, or within one and one-half miles of a fourth class city or village, the governing body of the city or village has the right to approve the plat under its extraterritorial plat approval jurisdiction, as well as the board of the town within which the subdivision lies and the planning agency of the county within which the subdivision lies if the planning agency employs on a full-time basis a professional engineer, a planner, or another person charged with administering zoning or other planning legislation. Approval of a plat is conditioned on, among other things, the plat's compliance with the local ordinances and a comprehensive, master, or development plan of the local governmental unit or units that have the right to approve the plat.
In Wood v. City of Madison , 2003 WI 24, 260 Wis. 2d 71, 659 N.W. 2d 31, the Wisconsin Supreme Court determined that a city with extraterritorial plat approval jurisdiction over a plat could object to the plat on the basis of the proposed use of land outside the city limits.
Read the full summary Show less
Wood overruled Boucher Lincoln-Mercury v. Madison Plan Comm.
, 178 Wis. 2d 74, 503 N.W. 2d 265 (Ct. App. 1993), which held that extraterritorial plat approval or denial based on the use of the land in the plat is unilateral land use control (or zoning), and that the statutes require extraterritorial zoning to be a cooperative effort between the city and the town in which the zoning ordinance is in effect.
This bill prohibits a municipality (city or village) from denying approval of a plat or certified survey map on the basis of the proposed use of land within the extraterritorial plat approval jurisdiction of the municipality unless the denial is based on a plan or regulations adopted under the statute referred to in Boucher Lincoln-Mercury that sets out the requirements for the cooperative effort between the municipality and the town for extraterritorial zoning.
Who's behind it
19 lawmakers are its . 10 are Republicans and 9 are Democrats.
6 more lawmakers .
See all 25 names Hide the names
Authors (19)
- Alvin Ott · Republican, Assembly
- Joan Ballweg · Republican, Senate
- Garey Bies · Republican, Assembly
- Edward Brooks · Republican, Assembly
- Fred Clark · Democrat, Assembly
- Chris Danou · Democrat, Assembly
- Kristen Dexter · Democrat, Assembly
- Jason Fields · Democrat, Assembly
- Scott Gunderson · Republican, Assembly
- Mary Hubler · Democrat, Assembly
- Andy Jorgensen · Democrat, Assembly
- Samantha Kerkman · Republican, Assembly
- Steve Kestell · Republican, Assembly
- Keith Ripp · Republican, Assembly
- Roger Roth · Republican, Senate
- Marlin Schneider · Democrat, Assembly
- Jeff Smith · Democrat, Senate
- Scott Suder · Republican, Assembly
- Amy Sue Vruwink · Democrat, Assembly
Signed on in support (6)
- Sheila Harsdorf · Republican, Senate
- Steve Hilgenberg · Democrat, Assembly
- Jim Holperin · Democrat, Senate
- Pat Kreitlow · Democrat, Senate
- Luther S. Olsen · Republican, Senate
- Kathleen Vinehout · Democrat, Senate
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There were 6 votes on this bill.
Assembly Committee on Renewable Energy and Rural Affairs vote to recommend it
Passed, 14 to 0 · Nov 16, 2009
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by committee on Renewable Energy and Rural Affairs, Ayes 14, Noes 0”. Official record · This vote on its own page
Assembly vote on an amendment
Passed, 56 to 39 · Feb 23, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Assembly amendment 1 laid on table, Ayes 56, Noes 39”. Official record · This vote on its own page
Senate Committee on Rural Issues vote to recommend it
Passed, 5 to 0 · Mar 4, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report concurrence recommended by committee on Rural Issues, Biofuels, and Information Technology, Ayes 5, Noes 0”. Official record · This vote on its own page
Senate vote on an amendment
Passed, 25 to 8 · Apr 15, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Senate amendment 1 rejected, Ayes 25, Noes 8”. Official record · This vote on its own page
Senate vote
Failed, 11 to 22 · Apr 15, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Refused to refer to committee on Senate Organization, Ayes 11, Noes 22”. Official record · This vote on its own page
Senate vote to pass it
Passed, 27 to 6 · Apr 15, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Read a third time and concurred in, Ayes 27, Noes 6”. Official record · This vote on its own page
What happened
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May 21, 2010
The new law was published.
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May 19, 2010
The governor signed it. It became 2009 Wisconsin Act 399.
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May 13, 2010
Sent to the governor.
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Apr 15, 2010
The Senate passed it too, 27 to 6.
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Apr 14, 2010
“Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m)” (the official wording)
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Mar 4, 2010
The committee voted to recommend passing it, 5 to 0.
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Feb 26, 2010
Sent to the Senate Committee on Rural Issues, Biofuels, and Information Technology.
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Feb 24, 2010
The Senate received it.
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Feb 23, 2010
1 more representative signed on in support.
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Feb 23, 2010
The Assembly passed it.
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Feb 23, 2010
“Point of order that Assembly amendment 2 not germane well taken” (the official wording)
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Nov 16, 2009
Sent to the Assembly Committee on Rules.
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Nov 16, 2009
The committee voted to recommend passing it, 14 to 0.
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Sep 23, 2009
The committee held a public hearing.
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May 8, 2009
Sent to the Assembly Committee on Renewable Energy and Rural Affairs.
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May 8, 2009
Introduced in the Assembly.
See the official record, word for word Hide the official record
- May 8, 2009 · Assembly
Introduced by Representatives Smith, Jorgensen, Roth, Hubler, Schneider, Vruwink, Danou, Fields, Clark, Dexter, Ripp, Kerkman, Kestell, Bies, Brooks, Gunderson, A. Ott, Ballweg and Suder;Cosponsored by Senators Kreitlow, Vinehout, Holperin, Harsdorf and Olsen
- May 8, 2009 · Assembly
Read first time and referred to committee on Renewable Energy and Rural Affairs
- Sep 23, 2009 · Assembly
Public hearing held
- Oct 22, 2009 · Assembly
Executive action taken
- Nov 16, 2009 · Assembly
Report passage recommended by committee on Renewable Energy and Rural Affairs, Ayes 14, Noes 0
- Nov 16, 2009 · Assembly
Referred to committee on Rules
- Feb 17, 2010 · Assembly
Placed on calendar 2-23-2010 by committee on Rules
- Feb 23, 2010 · Assembly
Read a second time
- Feb 23, 2010 · Assembly
Assembly amendment 1 offered by Representatives Berceau and Molepske Jr.
- Feb 23, 2010 · Assembly
Assembly amendment 1 laid on table, Ayes 56, Noes 39
- Feb 23, 2010 · Assembly
Assembly amendment 2 offered by Representatives Berceau and Molepske Jr.
- Feb 23, 2010 · Assembly
Point of order that Assembly amendment 2 not germane well taken
- Feb 23, 2010 · Assembly
Ordered to a third reading
- Feb 23, 2010 · Assembly
Rules suspended
- Feb 23, 2010 · Assembly
Read a third time and passed
- Feb 23, 2010 · Assembly
Representative Hilgenberg added as a coauthor
- Feb 23, 2010 · Assembly
Ordered immediately messaged
- Feb 24, 2010 · Senate
Received from Assembly
- Feb 26, 2010 · Senate
Read first time and referred to committee on Rural Issues, Biofuels, and Information Technology
- Mar 3, 2010 · Senate
Executive action taken
- Mar 4, 2010 · Senate
Report concurrence recommended by committee on Rural Issues, Biofuels, and Information Technology, Ayes 5, Noes 0
- Mar 4, 2010 · Senate
Available for scheduling
- Apr 14, 2010 · Senate
Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m)
- Apr 14, 2010 · Senate
Placed on calendar 4-15-2010 pursuant to Senate Rule 18(1)
- Apr 15, 2010 · Senate
Read a second time
- Apr 15, 2010 · Senate
Refused to refer to committee on Senate Organization, Ayes 11, Noes 22
- Apr 15, 2010 · Senate
Senate amendment 1 offered by Senator Lassa
- Apr 15, 2010 · Senate
Senate amendment 1 rejected, Ayes 25, Noes 8
- Apr 15, 2010 · Senate
Ordered to a third reading
- Apr 15, 2010 · Senate
Rules suspended
- Apr 15, 2010 · Senate
Read a third time and concurred in, Ayes 27, Noes 6
- Apr 15, 2010 · Senate
Ordered immediately messaged
- Apr 15, 2010 · Assembly
Received from Senate concurred in
- Apr 20, 2010 · Assembly
Report correctly enrolled
- May 13, 2010 · Assembly
Presented to the Governor on 5-13-2010
- May 19, 2010 · Assembly
Report approved by the Governor on 5-18-2010. 2009 Wisconsin Act 399
- May 21, 2010 · Assembly
Published 6-1-2010
Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote