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Wisconsin Legislature: SB247: Bill Text
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SB247: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0105/1
EVM&KRP:amn&wlj
2025 SENATE BILL 247
May 9, 2025 - Introduced by Senators
Roys
,
Ratcliff
,
Wall
and
Keyeski
, cosponsored by Representatives
Hong
,
Tenorio
,
Snodgrass
,
Rivera-Wagner
,
Brown
,
Palmeri
,
Bare
,
Roe
and
DeSmidt
. Referred to Committee on Insurance, Housing, Rural Issues and Forestry.
SB247,1,2
1
An Act
to create
59.69 (16), 60.61 (3o), 62.23 (7) (j), 710.18 (8) and 710.26 of the
2
statutes;
relating to:
local and private regulation of accessory dwelling units.
Analysis by the Legislative Reference Bureau
This bill requires political subdivisions with zoning ordinances to allow as a use permitted by right at least one accessory dwelling unit (ADU) on each parcel on which single-family or multi-family residential use is a use permitted by right. The bill also prohibits political subdivisions from doing any of the following:
1. Charging fees, other than standard building permit fees, related to the addition of an ADU to a parcel.
2. Providing dimensional, physical, design, or locational requirements that apply to ADUs, but do not apply to single-family dwellings.
3. Providing standards, other than standards relating to habitability, that apply to ADUs but do not apply to other accessory structures.
4. Imposing any additional parking requirements to parcels on the basis of the existence of an ADU.
5. Requiring the installation of a separate utility connection to an ADU.
The bill also provides that any covenant, restriction, or condition contained in a deed or other instrument affecting real property that prohibits or unreasonably restricts the construction, maintenance, or use of an ADU is void and unenforceable and prohibits a homeowners’ association from restricting or preventing the construction, maintenance, or use of an ADU, except to the extent necessary to protect public health and safety.
Because this bill may increase or decrease, directly or indirectly, the cost of the development, construction, financing, purchasing, sale, ownership, or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.
For further information see the local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB247,1
1
Section
1
.
59.69 (16) of the statutes is created to read:
SB247,2,7
2
59.69
(16)
Accessory dwelling units
. (a) In this subsection, “accessory
3
dwelling unit” means a residential dwelling unit that is located on the same parcel
4
as an existing single-family or multi-family dwelling and that provides complete
5
independent living facilities for one or more persons. An accessory dwelling unit
6
may be within, attached to, or detached from an existing or planned single-family or
7
multi-family dwelling.
SB247,2,12
8
(b) Notwithstanding sub. (4) and subject to par. (c), an ordinance under this
9
section shall allow as a use permitted by right at least one accessory dwelling unit
10
on each parcel on which single-family or multi-family residential use is a use
11
permitted by right. In this paragraph, “use permitted by right” does not include a
12
use that is subject to a conditional use permit.
SB247,2,16
13
(c) For accessory dwelling units located on the same parcel as another single-
14
family dwelling, an ordinance under this section may limit the size of an accessory
15
dwelling unit to not larger than 75 percent of the existing square footage of the
16
existing single-family dwelling on the same parcel.
SB247,2,18
17
(d) Except as provided in par. (c), an ordinance under this section may not do
18
any of the following:
SB247,3,2
1
1. Charge fees, other than standard building permit fees, related to the
2
addition of an accessory dwelling unit to a parcel.
SB247,3,4
3
2. Provide dimensional, physical, design, or locational requirements that
4
apply to accessory dwelling units, but do not apply to single-family dwellings.
SB247,3,6
5
3. Provide standards, other than standards relating to habitability, that apply
6
to accessory dwelling units but do not apply to other accessory structures.
SB247,3,8
7
4. Impose any additional parking requirements to parcels on the basis of the
8
existence of an accessory dwelling unit.
SB247,3,10
9
5. Require the installation of a separate utility connection to an accessory
10
dwelling unit.
SB247,2
11
Section
2
.
60.61 (3o) of the statutes is created to read:
SB247,3,17
12
60.61
(3o)
Accessory dwelling units.
(a) In this subsection, “accessory
13
dwelling unit” means a residential dwelling unit that is located on the same parcel
14
as an existing single-family or multi-family dwelling and that provides complete
15
independent living facilities for one or more persons. An accessory dwelling unit
16
may be within, attached to, or detached from an existing or planned single-family or
17
multi-family dwelling.
SB247,3,22
18
(b) Notwithstanding sub. (2) and subject to par. (c), a town with a zoning
19
ordinance under this section shall allow as a use permitted by right at least one
20
accessory dwelling unit on each parcel on which single-family or multi-family
21
residential use is a use permitted by right. In this paragraph, “use permitted by
22
right” does not include a use that is subject to a conditional use permit.
SB247,4,2
23
(c) For accessory dwelling units located on the same parcel as another single-
24
family dwelling, a town with a zoning ordinance under this section may limit the
1
size of an accessory dwelling unit to not larger than 75 percent of the existing
2
square footage of the existing single-family dwelling on the same parcel.
SB247,4,4
3
(d) Except as provided in par. (c), a town with a zoning ordinance under this
4
section may not do any of the following:
SB247,4,6
5
1. Charge fees, other than standard building permit fees, related to the
6
addition of an accessory dwelling unit to a parcel.
SB247,4,8
7
2. Provide dimensional, physical, design, or locational requirements that
8
apply to accessory dwelling units, but do not apply to single-family dwellings.
SB247,4,10
9
3. Provide standards, other than standards relating to habitability, that apply
10
to accessory dwelling units but do not apply to other accessory structures.
SB247,4,12
11
4. Impose any additional parking requirements to parcels on the basis of the
12
existence of an accessory dwelling unit.
SB247,4,14
13
5. Require the installation of a separate utility connection to an accessory
14
dwelling unit.
SB247,3
15
Section
3
.
62.23 (7) (j) of the statutes is created to read:
SB247,4,21
16
62.23
(7)
(j)
Accessory dwelling units.
1. In this paragraph, “accessory
17
dwelling unit” means a residential dwelling unit that is located on the same parcel
18
as an existing single-family or multi-family dwelling and that provides complete
19
independent living facilities for one or more persons. An accessory dwelling unit
20
may be within, attached to, or detached from an existing or planned single-family or
21
multi-family dwelling.
SB247,5,2
22
2. Notwithstanding par. (b) and subject to subd. 3., a city that has a zoning
23
ordinance under this subsection shall allow as a use permitted by right at least one
24
accessory dwelling unit on each parcel on which single-family or multi-family
1
residential use is a use permitted by right. In this subdivision, “use permitted by
2
right” does not include a use that is subject to a conditional use permit.
SB247,5,6
3
3. For accessory dwelling units located on the same parcel as another single-
4
family dwelling, a city may limit the size of an accessory dwelling unit to not larger
5
than 75 percent of the existing square footage of the existing single-family dwelling
6
on the same parcel.
SB247,5,7
7
4. Except as provided in subd. 3., a city may not do any of the following:
SB247,5,9
8
a. Charge fees, other than standard building permit fees, related to the
9
addition of an accessory dwelling unit to a parcel.
SB247,5,11
10
b. Provide dimensional, physical, design, or locational requirements that
11
apply to accessory dwelling units, but do not apply to single-family dwellings.
SB247,5,13
12
c. Provide standards, other than standards relating to habitability, that apply
13
to accessory dwelling units but do not apply to other accessory structures.
SB247,5,15
14
d. Impose any additional parking requirements to parcels on the basis of the
15
existence of an accessory dwelling unit.
SB247,5,17
16
e. Require the installation of a separate utility connection to an accessory
17
dwelling unit.
SB247,4
18
Section
4
.
710.18 (8) of the statutes is created to read:
SB247,5,24
19
710.18
(8)
Limitations on association regulations; accessory dwelling
20
units.
(a) Except as provided in par. (b), the association for a residential planned
21
community may not adopt or enforce covenants and restrictions or any other rule or
22
regulation, and may not enter into an agreement, that restricts or prevents the
23
construction, maintenance, or use of an accessory dwelling unit allowed under s.
24
59.69 (16), 60.61 (3o), or 62.23 (7) (j).
SB247,6,4
1
(b) The association for a residential planned community may adopt and
2
enforce covenants and restrictions or any other rule or regulation, or may enter into
3
an agreement, related to accessory dwelling units that is necessary to protect public
4
health and safety.
SB247,5
5
Section
5
.
710.26 of the statutes is created to read:
SB247,6,10
6
710.26
Prohibiting accessory dwelling units prohibited.
Any covenant,
7
restriction, or condition contained in a deed or other instrument affecting real
8
property that prohibits or unreasonably restricts the construction, maintenance, or
9
use of an accessory dwelling unit allowed under s. 59.69 (16), 60.61 (3o), or 62.23 (7)
10
(j) is void and unenforceable.
SB247,6
11
Section
6
. Nonstatutory provisions.
SB247,6,15
12
(
1
)
Legislative intent statement.
The legislature finds that any private
13
law device such as a covenant, restriction, or condition contained in a deed or other
14
instrument that has the effect of prohibiting the construction of an accessory
15
dwelling unit on a single-family parcel is contrary to public policy.
SB247,7
16
Section
7
. Initial applicability.
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