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Bills from the 2009–10 session

Senate Bill 117

Extraterritorial plat approval on basis of land's use

Topics: Maps, Municipality: Planning, Plats, Surveying and surveyors, Village

Stopped before the full Senate voted

The recommended passing it, but the full Senate never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Mar 17, 2009

  2. Committee, passed

    Approved

  3. Senate vote, stopped here

    Stopped here. The full Senate never voted on it.

  4. Assembly vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

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What it would have done

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

5 senators are its ⁠. 3 are Democrats and 2 are Republicans.

18 more lawmakers ⁠.

See all 23 names

Authors (5)

Signed on in support (18)

How lawmakers voted

There was one vote on this bill.

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 passage recommended by committee on Rural Issues, Biofuels, and Information Technology, Ayes 5, Noes 0”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Mar 4, 2010

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

  3. Sep 23, 2009

    The committee held a public hearing.

  4. Mar 17, 2009

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

  5. Mar 17, 2009

    Introduced in the Senate.

See the official record, word for word
  1. Mar 17, 2009 · Senate

    Introduced by Senators Kreitlow, Vinehout, Holperin, Harsdorf and Olsen;Cosponsored by Representatives Smith, Jorgensen, Roth, Hubler, Schneider, Vruwink, Danou, Fields, Clark, Dexter, Ripp, Kerkman, Kestell, Bies, Brooks, Gunderson, A. Ott and Ballweg

  2. Mar 17, 2009 · Senate

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

  3. Sep 23, 2009 · Senate

    Public hearing held

  4. Mar 3, 2010 · Senate

    Executive action taken

  5. Mar 4, 2010 · Senate

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

  6. Mar 4, 2010 · Senate

    Available for scheduling

  7. Apr 28, 2010 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. 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

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

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