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Bills from the 2009–10 session

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 ⁠.

  1. Introduced, passed

    May 8, 2009

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed Feb 23, 2010

  4. Senate vote, passed

    Passed 27 to 6

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 399

Latest entry in the official record, May 21, 2010: “Published 6-1-2010”

Read the bill

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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

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

Authors (19)

Signed on in support (6)

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

  1. May 21, 2010

    The new law was published.

  2. May 19, 2010

    The governor signed it. It became 2009 Wisconsin Act 399.

  3. May 13, 2010

    Sent to the governor.

  4. Apr 15, 2010

    The Senate passed it too, 27 to 6.

  5. Apr 14, 2010

    “Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m)” (the official wording)

  6. Mar 4, 2010

    The committee voted to recommend passing it, 5 to 0.

  7. Feb 26, 2010

    Sent to the Senate Committee on Rural Issues, Biofuels, and Information Technology.

  8. Feb 24, 2010

    The Senate received it.

  9. Feb 23, 2010

    1 more representative signed on in support.

  10. Feb 23, 2010

    The Assembly passed it.

  11. Feb 23, 2010

    “Point of order that Assembly amendment 2 not germane well taken” (the official wording)

  12. Nov 16, 2009

    Sent to the Assembly Committee on Rules.

  13. Nov 16, 2009

    The committee voted to recommend passing it, 14 to 0.

  14. Sep 23, 2009

    The committee held a public hearing.

  15. May 8, 2009

    Sent to the Assembly Committee on Renewable Energy and Rural Affairs.

  16. May 8, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. 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

  2. May 8, 2009 · Assembly

    Read first time and referred to committee on Renewable Energy and Rural Affairs

  3. Sep 23, 2009 · Assembly

    Public hearing held

  4. Oct 22, 2009 · Assembly

    Executive action taken

  5. Nov 16, 2009 · Assembly

    Report passage recommended by committee on Renewable Energy and Rural Affairs, Ayes 14, Noes 0

  6. Nov 16, 2009 · Assembly

    Referred to committee on Rules

  7. Feb 17, 2010 · Assembly

    Placed on calendar 2-23-2010 by committee on Rules

  8. Feb 23, 2010 · Assembly

    Read a second time

  9. Feb 23, 2010 · Assembly

    Assembly amendment 1 offered by Representatives Berceau and Molepske Jr.

  10. Feb 23, 2010 · Assembly

    Assembly amendment 1 laid on table, Ayes 56, Noes 39

  11. Feb 23, 2010 · Assembly

    Assembly amendment 2 offered by Representatives Berceau and Molepske Jr.

  12. Feb 23, 2010 · Assembly

    Point of order that Assembly amendment 2 not germane well taken

  13. Feb 23, 2010 · Assembly

    Ordered to a third reading

  14. Feb 23, 2010 · Assembly

    Rules suspended

  15. Feb 23, 2010 · Assembly

    Read a third time and passed

  16. Feb 23, 2010 · Assembly

    Representative Hilgenberg added as a coauthor

  17. Feb 23, 2010 · Assembly

    Ordered immediately messaged

  18. Feb 24, 2010 · Senate

    Received from Assembly

  19. Feb 26, 2010 · Senate

    Read first time and referred to committee on Rural Issues, Biofuels, and Information Technology

  20. Mar 3, 2010 · Senate

    Executive action taken

  21. Mar 4, 2010 · Senate

    Report concurrence recommended by committee on Rural Issues, Biofuels, and Information Technology, Ayes 5, Noes 0

  22. Mar 4, 2010 · Senate

    Available for scheduling

  23. Apr 14, 2010 · Senate

    Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m)

  24. Apr 14, 2010 · Senate

    Placed on calendar 4-15-2010 pursuant to Senate Rule 18(1)

  25. Apr 15, 2010 · Senate

    Read a second time

  26. Apr 15, 2010 · Senate

    Refused to refer to committee on Senate Organization, Ayes 11, Noes 22

  27. Apr 15, 2010 · Senate

    Senate amendment 1 offered by Senator Lassa

  28. Apr 15, 2010 · Senate

    Senate amendment 1 rejected, Ayes 25, Noes 8

  29. Apr 15, 2010 · Senate

    Ordered to a third reading

  30. Apr 15, 2010 · Senate

    Rules suspended

  31. Apr 15, 2010 · Senate

    Read a third time and concurred in, Ayes 27, Noes 6

  32. Apr 15, 2010 · Senate

    Ordered immediately messaged

  33. Apr 15, 2010 · Assembly

    Received from Senate concurred in

  34. Apr 20, 2010 · Assembly

    Report correctly enrolled

  35. May 13, 2010 · Assembly

    Presented to the Governor on 5-13-2010

  36. May 19, 2010 · Assembly

    Report approved by the Governor on 5-18-2010. 2009 Wisconsin Act 399

  37. 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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

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