AB 266

This bill requires political subdivisions to approve certain permit applications

related to residential housing developments that are consistent with certain local

requirements and limits the authority of a political subdivision to impose a

supermajority requirement for a zoning ordinance amendment. The bill also

specifies procedures that apply to judicial review of certain local determinations

related to land use.

Under the bill, a political subdivision must approve an application for a permit

or administrative approval required to proceed with a residential housing

development if the application is complete and the development meets the political

subdivision's existing requirements that must be satisfied to obtain the permit. The

bill also provides that, with limited exceptions, only a simple majority of a quorum

of the members-elect of the governing body of a political subdivision is required to

amend the political subdivision's zoning ordinance.

Under current law, decisions of political subdivisions related to land use are

often judicially reviewed using a common law procedure known as “certiorari”

review. In general, under this type of review, a court receives the record created by

the political subdivision and performs a limited review to test the validity of the

decision. On certiorari review, a court is generally limited to determining whether

1) the political subdivision's decision was within its jurisdiction; 2) the political

subdivision acted according to law; 3) the decision was arbitrary, oppressive, or

unreasonable; and 4) the evidence presented was such that the political subdivision

might reasonably make the decision it did. There is a presumption of correctness and

validity to the political subdivision's decision.

The bill specifies certain details regarding the conduct of certiorari review of

certain decisions of political subdivisions relating to zoning and residential land use.

First, the bill limits the persons who may seek review of these decisions to those that

1) submitted the application for approval; 2) have an ownership interest in the real

property that is the subject of the application for an approval; 3) sustain actual

damages or will imminently sustain actual damages that are personal to the person

and distinct from damages that impact the public generally; or 4) are certain

governmental actors. In addition, persons under item 3 must have provided a

statement or appeared at a public proceeding and testified before the political

subdivision on the approval proposed to be reviewed. Second, the bill requires that

the certiorari action be filed within 30 days of the final decision of the political

subdivision. Third, the bill specifies that a court must decide the action based only

on the record provided by the political subdivision and may only affirm or reverse the

decision or remand for further proceedings. Finally, the bill specifies deadlines for

various steps in the review process to expedite the court's review and directs the court

to give the action preference over other civil actions and proceedings.

Currently, s. 66.10015, stats., includes several definitions. The bill specifies