20260504 VB PLZ Joint Work Session Packet

Original Post Date: May 30, 2025 Village of Somers 7511 12th Street Somers, WI 53171 S pecial Joint Village Plan Commission and Village Board Work Session Agenda Monday, May 4, 2026 4:30 P.M. Special Village Board / Plan Commission Work Session: Item # 1 Call to order 2 Pledge of Allegiance 3 Citizen Comments 4 Training & Education of Plan Commission & Village Board regarding roles and responsibilities, and new legislation. No action will be taken. 5 Adjourn I hereby certify that as the designee of the chief elected official of the Village of Somers, I posted this notice of May 4, 2026 Special Village Board / Plan Commission Work Session & Agenda in 1 public place & on the Village website. D ated this 30th day of April, 2026 Wendy Burnette, Clerk-Treasurer R equests from persons with disabilities who need assistance to participate in this meeting should be made to the Clerk’s Office at 262-859-2822 with as much notice as possible. Notice is hereby given that members of the Village Board and/or Plan Commission may participate telephonically. Notice is hereby given that members of the Town Board may be in attendance for the sole purpose of gathering information. A quorum may be present. However, no Board action will be taken 1/10 Wisconsin Legislative Council AMENDMENT MEMO One East Main Stre e t, Suite 401 • Madison, WI 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Memo published: November 17 , 2025 Contact: Abby Gorzlancyk, Staff Attorney 2025 Assembly Bill 453 Senate Substitute Amendment 1 and Senate Amendment 1 to Senate Substitute Amendment 1 2025 ASSEMBLY BILL 453, AS PASSED BY THE ASSEMBLY Generally, the bill makes changes to comprehensive plans, requests to change zoning classifications, and certain aspects of tax increment districts (TIDs). The bill has an effective date of January 1, 2028. Comprehensive Plans Under current law, unless an exception applies, ordinances enacted or amended by a political subdivision that affect land use must be consistent with the political subdivision’s comprehensive plan, and the comprehensive plan must have all the required planning elements. The bill requires a city or village to identify the areas in which residential land use is projected and to specify the minimum and maximum net density of residences that will be authorized in five-year increments over 20 years in the land use element of the comprehensive plan. If a city or village enacts or amends certain zoning and local subdivision ordinances, its ordinances must be consistent with its comprehensive plan. This includes incorporating residential net density standards into the ordinances. An ordinance is consistent with the comprehensive plan for a village or city if the ordinance permits a land use that is expressly identified for the land in the land use map of the comprehensive plan. The bill specifies that these changes do not apply to a town or county. Under the bill, if a person submits an application for a residential housing development permit or a request to change an existing zoning classification to a city or village, and the comprehensive plan does not include net density requirements for areas in which residential land use is projected, the city or village must amend its comprehensive plan to include net density within 180 days. The application must certify that the land subject to the application is not located in a farmland preservation zoning district, an agricultural enterprise area, and is not subject to a farmland preservation agreement. If a city or village is adding net density requirements in response to one of these requests, it does not need to follow otherwise required comprehensive planning procedures to amend the comprehensive plan. Request to Change a Zoning Classification The bill requires a city or village to approve a request to change a zoning classification of land required in order to proceed with a residential housing development within 60 days if the following are satisfied:  The proposed change is for an area identified on the political subdivision’s comprehensive plan as projected for residential land use.  The proposed change is for an area that is adjacent or close in proximity to existing development.  Either the proposed net density range of the residences in the housing development fall within the net density range specified in the comprehensive plan, or the political subdivision has not added net density to the comprehensive plan within the 180-day time period described in the section above. 2/10 - 2 -  Current housing supply in the political subdivision does not meet existing or forecasted housing demand within the next five years, as provided in the comprehensive plan.  Certification that the proposed change is for an area that is not located with a farmland preservation zoning district or agricultural enterprise area and is not subject to a farmland preservation agreement. The bill specifies that this request cannot be made to a town or county, nor does it apply to the extraterritorial zoning jurisdiction of a city or village. If requesting a zoning classified change to proceed with a residential housing development, the requestor may specify its preferences regarding the zoning classification, building set back requirements, lot width or frontage requirements, lot size requirements, and building size or bulk requirements. If the zoning classification requested allows the net density of the residences proposed in the residential housing development, the land must be reclassified into that classification. The bill allows a request to change a zoning classification to be denied if the city or village demonstrates that the denial is necessary to prevent a shortage in or overburdening of public facilities, or to address a significant threat to the public health or safety. A city or village may also deny requests to change a zoning classification or a permit for a residential housing development for one year if: (1) it issues a request for proposals for a qualifying residential development with a specific net density range that aligns with the comprehensive plan;1 and (2) no person responds to the request, with certain specified exceptions. The bill also specifies that these provisions do apply to a town or county. Lastly, if a person is aggrieved by a political subdivision’s failure to approve a request to change a zoning classification, they may seek relief through an action for mandamus and may recover court costs including reasonable attorney fees. TIDs The bill defines newly platted residential development, for purposes of mixed-use TIDs, to mean residential development on a parcel that has not previously been the site of permanent structures other than agricultural structures. It also increases the housing extension currently available for certain TIDs at the end of their lifespan, from one to two years. SENATE SUBSTITUTE AMENDMENT 1 Senate Substitute Amendment 1 includes the same provisions as 2025 Assembly Bill 453, as passed by the Assembly. SENATE AMENDMENT 1 TO SENATE SUBSTITUTE AMENDMENT 1 Senate Amendment 1 changes the required time a city or village has to approve a request to change a zoning classification from 60 to 90 days, and creates an extension to the 90-day deadline if requested by the zoning classification change requestor. If the city or village fails to approve the request in the 90- day time frame or the extended time frame as requested, the requestor is allowed to seek relief through a mandamus action. 1 A qualifying residential development is defined as a residential development that is reasonably expected to receive sewerage and sanitary water services from a public utility and that is not reasonably believed to be environmentally contaminated. 3/10 - 3 - BILL HISTORY Representative Brooks offered Assembly Amendment 1 and Assembly Amendment 2 on September 26, 2025. Representative Armstrong offered Assembly Amendment 4 on October 1, 2025 and Assembly Amendment 5 on October 7, 2025. Also on October 7, 2025, the Assembly adopted Assembly Amendments 1, 2, 4, and 5 on consecutive voice votes, and passed the bill, as amended, on a vote of Ayes, 55; Noes, 39. On November 3, 2025, Senator Jagler introduced Senate Substitute Amendment 1 and Senate Amendment 1 to Senate Substitute Amendment 1. On November 11, 2025, the Senate Committee on Insurance, Housing, Rural Issues and Forestry recommended adoption of Senate Amendment 1 to Senate Substitute Amendment 1, Senate Substitute Amendment 1, and the bill, as amended, on consecutive votes of Ayes, 5; Noes 0. For a full history of the bill, visit the Legislature’s bill history page. AG:jal 4/10 D ate of enactment: April 2, 2026 2025 Assembly Bill 453 Date of publication*: April 3, 2026 2025 WISCONSIN ACT 173 AN A CT to repeal 66.1001 (3m); to renumber 66.1001 (1) (am); to renumber and amend 66.1001 (2) (h), 66.1001 (3), 66.10016 (3) and 66.10016 (4); to amend 59.69 (3) (a), 62.23 (3) (b), 66.1001 (2m) (title), 66.1001 (2m) (a), 66.1002 (2) (intro.) and 66.1105 (6) (g) 1. (intro.); to repeal and recreate 66.1001 (3) (title); to create 66.1001 (1) (am) 2., 66.1001 (2) (h) 4., 66.1001 (3) (b), 66.1001 (3) (c), 66.10016 (3) (b), 66.10016 (4) (b), 66.10016 (5) and 66.1105 (2) (cs) of the statutes; relating to: required approvals of rezoning requests related to res- idential development, applications for certain approvals related to residential housing development, contents of and consistency of local ordinances with local comprehensive plans, certain tax incremental district project costs re- lated to residential development, and tax incremental district lifespan extension. The people of the state of Wisconsin, represented in sen- ate and assembly, do enact as follows: SECTION 1. 59.69 (3) (a) of the statutes is amended to read: 59.69 (3) (a) The county zoning agency may direct the preparation of a county development plan or parts of the plan for the physical development of the unincorpo- rated territory within the county and areas within incor- porated jurisdictions whose governing bodies by resolu- tion agree to having their areas included in the county’s development plan. The plan may be adopted in whole or in part and may be amended by the board and endorsed by the governing bodies of incorporated jurisdictions in- cluded in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan. To the ex- tent that the development plan applies to unincorporated areas of a county with the population described in s. 60.23 (34), it applies only to those unincorporated areas that are subject to county zoning. Beginning on Janu- ary 1, 2010, or, if the county is exempt under s. 66.1001 (3m), the date under s. 66.1001 (3m) (b), if the county en gages in any program or action described in s. 66.1001 (3), the development plan shall contain at least all of the elements specified in s. 66.1001 (2). SECTION 2. 62.23 (3) (b) of the statutes is amended to read: 62.23 (3) (b) The commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may from time to time by resolution adopt a part or parts of a mas- ter plan. Beginning on January 1, 2010, or, if the city is e xempt under s. 66.1001 (3m), the date under s. 66.1001 (3m) (b), if the city engages in any program or action de- scr ibed in s. 66.1001 (3), the master plan shall contain at least all of the elements specified in s. 66.1001 (2). The adoption of the plan or any part, amendment, or addi- tion, shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the city plan commission. The resolution shall refer ex- pressly to the elements under s. 66.1001 and other mat- ters intended by the commission to form the whole or * Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the gov- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” 5/10 2025 W isconsin Act 173 - 2 - 2025 As sembly Bill 453 an y part of the plan, and the action taken shall be recorded on the adopted plan or part of the plan by the identifying signature of the secretary of the commis- sion, and a copy of the plan or part of the plan shall be certified to the common council, and also to the com- manding officer, or the officer’s designee, of any mili- tary base or installation, with at least 200 assigned mili- tary personnel or that contains at least 2,000 acres, that is located in or near the city. The purpose and effect of the adoption and certifying of the master plan or part of the plan shall be solely to aid the city plan commission and the council in the performance of their duties. SECTION 3L. 66.1001 (1) (am) of the statutes is renumbered 66.1001 (1) (am) 1. SECTION 3n. 66.1001 (1) (am) 2. of the statutes is created to read: 66.1001 (1) (am) 2. This paragraph applies only to towns and counties. SECTION 4. 66.1001 (2) (h) of the statutes is renum- bered 66.1001 (2) (h) (intro.) and amended to read: 66.1001 (2) (h) Land-use element. (intro.) A com- pilation of objectives, policies, goals, maps, and pro- g rams to guide the future development and redevelop- ment of public and private property. In this paragraph, de terminations of the net density of lands shall exclude onl y those portions of the lands that are wetlands, that ar e included in a 100-year floodplain, or that are owned b y the federal government, a local governmental unit, as de fined in s. 20.931 (1) (a), or a state agency, as defined in s. 20.931 (1) (c), and are not intended for redevelop- ment . The element shall contain do all of the following: 1. Contain a listing of the amount, type, intensity, and net density of existing uses of land in the local gov- ernmental unit, such as agricultural, residential, com- mercial, industrial, and other public and private uses. T he element shall analyze 2. Analyze trends in the supply, demand, and price of land, opportunities for redevelopment, and existing and potential land-use conflicts. The element shall c ontain 3. Contain projections, based on the background in- f ormation specified in par. (a), for 20 years, in 5-year in- crements, of future residential, agricultural, commer- cial, and industrial land uses including the assumptions of net densities or other spatial assumptions upon which the projections are based. The element shall also inc lude 5. Include a series of maps that shows current land use s and future land uses that indicate productive agri- cultural soils, natural limitations for building site devel- opment, floodplains, wetlands and other environmen- tally sensitive lands, the boundaries of areas to which services of public utilities and community facilities, as those terms are used in par. (d), will be provided in the future, consistent with the timetable described in par. (d), and the general location of future land uses by net density or other classifications. SECTION 5. 66.1001 (2) (h) 4. of the statutes is cre- ated to read: 66.1001 (2) (h) 4. For 20 years, in 5-year incre- ments, identify the areas in which residential land use is projected and, for each of these areas and increments, specify the minimum and maximum net density of resi- dences, expressed in residential units per acre, that will be authorized. This subdivision does not apply to a town or county. SECTION 6. 66.1001 (2m) (title) of the statutes is amended to read: 66.1001 (2m) (title) E FFECT OF ENACTMENT OF A C OMPREHENSIVE PLAN, CONSISTENCY REQUIREMENTS. SEC TION 7. 66.1001 (2m) (a) of the statutes is amended to read: 66.1001 (2m) (a) The Notwithstanding sub. (2) (h) 4., the enactment of a comprehensive plan by ordinance doe s not make the comprehensive plan by itself a regulation. SECTION 8. 66.1001 (3) (title) of the statutes is re- pealed and recreated to read: 66.1001 (3) (title) CONSISTENCY REQUIREMENTS. SECTION 9. 66.1001 (3) of the statutes is renum- bered 66.1001 (3) (a), and 66.1001 (3) (a) (intro.), as renumbered, is amended to read: 66.1001 (3) (a) (intro.) Except as provided in sub. (3m), beginning Beginning on January 1, 2010 the ef- f ective date of this paragraph .... [LRB inserts date], if a loc al governmental unit enacts or amends any of the fol- lowing ordinances, the ordinance shall be consistent with that local governmental unit’s comprehensive plan: SECTION 10. 66.1001 (3) (b) of the statutes is cre- ated to read: 66.1001 (3) (b) 1. An ordinance enacted or amended under par. (a) is consistent with the compre- hensive plan if the ordinance permits a land use that is expressly identified for the land affected by the ordi- nance enacted or amended under par. (a) in the adopted land use map contained in the comprehensive plan. 2. An ordinance under par. (a) is not inconsistent with the comprehensive plan solely because it permits additional land uses beyond those identified in the plan. 3. With regard to the comprehensive plan, in deter- mining consistency under par. (a), only the adopted land use map and the corresponding land use category de- scriptions in the comprehensive plan may be considered. 4. Subdivisions 1. to 3. do not apply to a town or county. SECTION 11. 66.1001 (3) (c) of the statutes is cre- ated to read: 6/10 2025 W isconsin Act 173 - 3 - 2025 As sembly Bill 453 66.1001 (3) (c) 1. Beginning on the effective date of this subdivision .... [LRB inserts date], if a political sub- division enacts or amends any of the ordinances under par. (a) or adds lands by annexation or consolidation in- tended for residential development, the political subdi- vision shall do all of the following: a. Ensure that the comprehensive plan of the politi- cal subdivision includes the material required under sub. (2) (h) 4. b. Ensure that the residential net density standards specified under sub. (2) (h) 4. are incorporated into the ordinance. 2. If a person submits to a political subdivision an application for a permit, as defined in s. 66.10016 (1) (a), or a request for a change to an existing zoning classi- fication, and the submission or request is related to a res- idential housing development, as defined in s. 66.10016 (1) (c), and the comprehensive plan of the political sub- division does not include the material required under sub. (2) (h) 4., the political subdivision shall amend its comprehensive plan to include the material required un- der sub. (2) (h) 4. within 180 days of receiving the application. 3. Subsection (4) does not apply to the amendment of a comprehensive plan under this paragraph. 4. This paragraph does not apply to a town or county. SECTION 12. 66.1001 (3m) of the statutes is repealed. SECTION 13. 66.10016 (3) of the statutes is renum- bered 66.10016 (3) (a) and amended to read: 66.10016 (3) (a) If a person submits a complete ap- plication for a permit related to a residential housing de- velopment meeting all existing requirements that must be satisfied to obtain the permit at the time the applica- tion is filed, the political subdivision shall grant the ap- plication. An application is deemed complete under this subsection paragraph if it complies with form and con- tent requirements. As part of an application, the appli- c ant shall certify that the lands subject to the application ar e not located within a farmland preservation zoning dis trict, not subject to a farmland preservation agree- ment , and not located within an agricultural enterprise ar ea. An applicant that provides a false certification un- der this paragraph is liable for any costs incurred by the polit ical subdivision to reverse or remedy the rezoning and is not entitled to recover any costs under sub. (4) (a) or (b). An application is filed under this subsection par agraph on the date that the political subdivision re- c eives the application. SECTION 14. 66.10016 (3) (b) of the statutes is cre- ated to read: 66.10016 (3) (b) 1. Notwithstanding s. 66.1001 (2m) (a), and except as provided in subds. 4. and 5., sub. (5), and s. 66.1001 (3) (c) 2., if a person submits a re- quest for a change to a zoning classification of land that is required to proceed with a residential housing devel- opment and all of the following are satisfied, the politi- cal subdivision shall grant the request within 90 days: a. The proposed change is for an area identified in the political subdivision’s comprehensive plan as pro- jected for residential land use under s. 66.1001 (2) (h) 4. b. The proposed change is for an area that is adja- cent to or in close proximity to existing development such that the area may be reasonably served by existing infrastructure and public services. c. Either the proposed minimum and maximum net density of residences in the residential housing develop- ment falls within the minimum and maximum net den- sity for the area specified under s. 66.1001 (2) (h) 4. for the current 5-year increment or the comprehensive plan does not include the material required under s. 66.1001 (2) (h) 4. and the political subdivision has not complied with s. 66.1001 (3) (c) 2. d. Current housing supply in the political subdivi- sion does not meet existing housing demand or fore- casted housing demand within the next 5 years, as pro- vided in the comprehensive plan. e. The requester certifies in writing that the pro- posed change is for an area that is not located within a farmland preservation zoning district or agricultural en- terprise area or subject to a farmland preservation agree- ment. A requester that provides a false certification un- der this subd. 1. e. is liable for any costs incurred by the political subdivision to reverse or remedy the rezoning and is not entitled to recover any costs under sub. (4) (a) or (b). 2. In a request under subd. 1., the requester may specify its preferences regarding any of the following: a. The zoning classification provided in the political subdivision’s zoning ordinance into which the land should be reclassified. b. Building setback requirements. c. Lot width or frontage requirements. d. Lot size requirements. e. Building size or bulk requirements. 3. If a request is granted by action of subd. 1., the re- quester specified a zoning classification under subd. 2. a., and the zoning classification allows the net density of residences in the proposed residential housing develop- ment, the land subject to the request is reclassified into that classification. 4. a. Subdivision 1. does not apply to a request that does not identify the proposed minimum and maximum net density of residences in the residential housing development. b. A request for a change to a zoning classification 7/10 2025 W isconsin Act 173 - 4 - 2025 As sembly Bill 453 of land that satisfies the requirements of subd. 1. may be denied by the political subdivision if the political subdi- vision demonstrates that the denial is necessary to pre- vent a shortage in, or the overburdening of, public facil- ities located in the political subdivision or to address a significant threat to the public health or safety. c. This paragraph does not apply to lands within a farmland preservation zoning district, lands subject to a farmland preservation agreement, or lands within an agricultural enterprise area, as certified by the requester under subd. 1. e. d. This paragraph does not apply to lands within the extraterritorial zoning jurisdiction of a city or village, as described under s. 62.23 (7a). e. This paragraph does not apply to a town or county. 5. The 90-day limit for granting a request under subd. 1. shall be extended by the political subdivision at the request of the person requesting a change to a zoning classification of land. SECTION 15. 66.10016 (4) of the statutes is renum- bered 66.10016 (4) (a) and amended to read: 66.10016 (4) (a) A person aggrieved by a political subdivision’s failure to approve an application under sub. (3) (a) or a request under sub. (3) (b) may seek relief t hrough an action for mandamus as provided in ch. 783. If the court finds that the political subdivision improp- erly failed to approve the application under sub. (3) (a) or the request under sub. (3) (b), the court shall issue a w rit of mandamus ordering the political subdivision to approve the application or request. For purposes of any mand amus claim filed under this subsection, substantial damages or injury shall be assumed. SECTION 16. 66.10016 (4) (b) of the statutes is cre- ated to read: 66.10016 (4) (b) In an action for mandamus under par. (a) based upon a political subdivision’s failure to approve a request under sub. (3) (b), the petitioner may recover court costs and reasonable attorney fees attribut- able to the failure to approve the request within the time frame provided in sub. (3) (b) 1. or 5. of submission of the request. SECTION 17. 66.10016 (5) of the statutes is created to read: 66.10016 (5) In this subsection “qualifying residen- tial development” means a residential development that is reasonably expected to receive sewerage and sanitary water services from a public utility and that is not rea- sonably believed to be environmentally contaminated. If a political subdivision issues a request for proposals for a qualifying residential development that specifies minimum and maximum net density of residences in the development that are within the densities specified for the area in the political subdivision’s comprehensive plan, and no person responds to the request by the date provided in the request for submissions, sub. (3) (b) does not apply in that political subdivision for one year after the last date on which responses were to be accepted. A response under this subsection includes a response that does not include a qualifying residential development proposal if the response is from a person with the capa- bility to construct a qualifying residential development in the requesting political subdivision and the response explains with specificity the person’s economic reasons for not submitting a proposal. This subsection does not apply to a town or county. SECTION 18. 66.1002 (2) (intro.) of the statutes is amended to read: 66.1002 (2) MORATORIUM ALLOWED. (intro.) Sub- ject to the limitations and requirements specified in this section, a municipality may enact a development mora- torium ordinance if the municipality has enacted a com- prehensive plan, is in the process of preparing its com- prehensive plan, or is in the process of preparing a sig- nif icant amendment to its comprehensive plan in re- sponse to a substantial change in conditions in the mu- nicipality, or is exempt from the requirement as de- scr ibed in s. 66.1001 (3m), and if at least one of the fol- lo wing applies: SECTION 19. 66.1105 (2) (cs) of the statutes is cre- ated to read: 66.1105 (2) (cs) “Newly platted residential develop- ment” means residential development on a parcel that has not previously been the site of permanent structures other than structures used solely for agricultural purposes. SECTION 20. 66.1105 (6) (g) 1. (intro.) of the statutes is amended to read: 66.1105 (6) (g) 1. (intro.) After the date on which a tax incremental district created by a city pays off the ag- gregate of all of its project costs, and notwithstanding the time at which such a district would otherwise be re- quired to terminate under sub. (7), a city may extend the life of the district for one year up to 2 years if the city doe s all of the following: SECTION 21. Initial applicability. (1) This act first applies to an application for a per- mit, as defined in s. 66.10016 (1) (a), or a request for re- zoning made on the effective date of this subsection. SECTION 22. Effective date. (1) This act takes effect on January 1, 2028. 8/10 D ate of enactment: December 9, 2025 2025 Assembly Bill 452 Date of publication*: December 10, 2025 2025 WISCONSIN ACT 68 AN ACT to amend 236.01, 236.11 (1) (a), 236.13 (2) (am) 1. a., 236.13 (2) (am) 3. b., 236.25 (1) and 236.45 (1); to create 236.105 and 236.11 (1) (d) of the statutes; relating to: subdivision plat approvals. The people of the state of Wisconsin, represented in sen- ate and assembly, do enact as follows: SECTION 1. 236.01 of the statutes is amended to read: 236.01 Purpose of chapter. The purpose of this chapter is to regulate the subdivision of land to promote public health, safety, and general welfare; to further the or derly layout and use of land; to prevent the overcrowd- in g of land; to lessen congestion in the streets and high- w ays; to ensure that land is developed in a manner that suppor ts healthy, livable communities; to foster the de- v elopment of a range of housing types; to advance com- ple te streets that prioritize safety, comfort, and accessi- bilit y for pedestrians, cyclists, transit riders, and mo- t orists alike; to provide for adequate light and air; to fa- cilit ate adequate provision for water, sewerage, and o ther public requirements; to encourage development pa tterns that provide safe and convenient transportation c hoices for a variety of users; to provide for proper in gress and egress; and to promote proper monumenting of land subdivided and conveyancing by accurate legal description. The approvals to be obtained by the subdi- vider as required in this chapter shall be based on re- quirements designed to accomplish the aforesaid purposes. SECTION 2. 236.105 of the statutes is created to read: 236.105 Presubmission conceptual review. The municipality, town, or county that has the authority un- der s. 236.10 to approve a subdivision shall provide the subdivider the opportunity to meet informally with rep- resentatives of the municipality, town, or county before the subdivider submits a preliminary plat for approval, or a final plat if the subdivider does not intend to submit a preliminary plat for approval, to obtain the representa- tives’ conceptual review of the subdivider’s proposed subdivision and opinions regarding whether the subdivi- sion complies with the municipality’s, town’s, or county’s requirements and conditions for approving plats. Conceptual reviews and opinions provided under this section are not binding on the municipality, town, or county, or the subdivider. SECTION 3. 236.11 (1) (a) of the statutes is amended to read: 236.11 (1) (a) Before submitting a final plat for ap- proval, the subdivider may submit, or the approving au- thority may require that the subdivider submit, a prelim- inary plat. It shall be clearly marked “preliminary plat” and, except as provided in par. (d), shall be in sufficient de tail to determine whether the final plat will meet lay- out requirements. Within Subject to par. (d), within 90 d ays, the approving authority, or its agent authorized to appr ove preliminary plats, shall take action to approve, approve conditionally, or reject the preliminary plat and * Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the gov- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” 9/10 2025 W isconsin Act 68 - 2 - 2025 As sembly Bill 452 shall state in writing any conditions of approval or rea- sons for rejection, unless the time is extended by agree- ment with the subdivider. Failure of the approving au- thority or its agent to act within the 90 days, or extension thereof, constitutes an approval of the preliminary plat. SECTION 4. 236.11 (1) (d) of the statutes is created to read: 236.11 (1) (d) A subdivider that submits a prelimi- nary plat for approval under par. (a) may submit prelim- inary, rather than final, plans and reports regarding sewer, water, road cross-sections, grading, stormwater, soil testing, landscaping, and street lighting. The ap- proving authority, or its agent authorized to approve pre- liminary plats, may not reject the preliminary plat on the basis that the plans and reports are not final, but the ap- proving authority or its agent may approve conditionally the preliminary plat on that basis and state in writing the conditions of approval as allowed under par. (a), includ- ing conditions that final plans and reports are submitted. SECTION 5. 236.13 (2) (am) 1. a. of the statutes is amended to read: 236.13 (2) (am) 1. a. As a further condition of ap- proval, the governing body of the town or municipality within which the subdivision lies may require that the subdivider make and agree to install any public im- pr ovements reasonably necessary or that the subdivider and provide financial security to ensure that the subdi- v ider will make those improvements within a reasonable time after approval. The governing body may not re- q uire that public improvements be installed or accepted a s a condition of submitting, reviewing, approving, or r ecording of a preliminary or final plat. The governing bod y may not require the subdivider to provide security at the commencement of a project in an amount that is more than 120 percent of the estimated total cost to complete the required public improvements, as deter- mined under subd. 1d. Nothing in this subd. 1. a. pro- hibit s a governing body from requiring as a condition of appr oval that public improvements be installed within a r easonable time after the plat is approved. SEC TION 6. 236.13 (2) (am) 3. b. of the statutes is amended to read: 236.13 (2) (am) 3. b. Upon such substantial comple- tion, any outstanding local building permits for home site s on the plat that are related to, and dependent upon, sub stantial completion meet the requirements of appli- c able building codes, zoning ordinances, and other mu- nicipal regulations shall be released and may not be w ithheld solely because of the status of public im provements. SEC TION 7. 236.25 (1) of the statutes is amended to read: 236.25 (1) The subdivider shall have the final plat recorded in the office of the register of deeds of the county in which the subdivision is located. Subject to sub . (2), a final plat that has the approvals required un- der s. 236.10, or that is deemed approved under s. 236.11, is entitled to be recorded. The approving au- t hority for the plat shall make a certificate to that effect on the face of the plat no later than 10 days after the sub- di vider submits the plat with the certificates and affi- d avits required under sub. (2) (c) and (d). SEC TION 8. 236.45 (1) of the statutes is amended to read: 236.45 (1) D ECLARATION OF LEGISLATIVE INTENT. The purpose of this section is to promote the public health, safety, and general welfare of the community and t he regulations authorized to be made are designed to le ssen congestion in the streets and highways; to further t he orderly layout and use of land; to secure safety from fire, panic, and other dangers; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to prevent the o vercrowding of land; to avoid undue concentration of popula tion; to facilitate adequate provision for trans- por tation, water, sewerage, schools, parks, playgrounds, and other public requirements; and to facilitate the fur- t her resubdivision of larger tracts into smaller parcels of land. The regulations provided for by this section shall be made with reasonable consideration, among other things, of the character of the municipality, town, or c ounty with a view of conserving the value of the build- ings placed upon land, providing the best possible envi- ronment for human habitation, and for encouraging the most appropriate use of land throughout the municipal- ity, town, or county. SEC TION 9. Initial applicability. (1) The treatment of ss. 236.11 (1) (a) and (d) and 236.13 (2) (am) 1. a. first applies to a plat submitted on the effective date of this subsection. SECTION 10. Effective date. (1) This act takes effect on the first day of the 7th month beginning after publication. 10/10