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Wisconsin Legislature: SB479: Bill Text
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SB479: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4864/1
FFK&EVM:cdc&cjs
2025 SENATE BILL 479
October 2, 2025 - Introduced by Senator
Feyen
, cosponsored by Representatives
Kreibich
,
Allen
,
Knodl
,
Murphy
,
O'Connor
,
Penterman
,
Summerfield
,
Brooks
and
Palmeri
. Referred to Committee on Insurance, Housing, Rural Issues and Forestry.
SB479,1,3
1
An Act
to amend
236.01, 236.11 (1) (a), 236.13 (2) (am) 1. a., 236.13 (2) (am) 3.
2
b., 236.25 (1) and 236.45 (1);
to create
236.105 and 236.11 (1) (d) of the
3
statutes;
relating to:
subdivision plat approvals.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the process that a city, town, village, or county must use for approving subdivisions of land and imposing conditions on that approval.
Under the bill, a city, town, or county must provide a subdivider the opportunity to meet informally with a representative of the city, town, or county before the subdivider submits a preliminary plat, or final plat if a preliminary plat is not submitted, for approval. The purpose of meeting informally is for the representative to provide a conceptual review of the proposed subdivision and the representative’s opinions regarding whether the subdivision complies with the requirements and conditions for approving plats of the city, town, or county. Conceptual reviews and opinions provided through this informal meeting are not binding on the parties.
The bill also allows a subdivider to submit preliminary, as opposed to final, infrastructure plans with a preliminary plat. If a subdivider submits preliminary infrastructure plans with a preliminary plat, the bill prohibits an approving authority from rejecting the preliminary plat because the infrastructure plans are preliminary, but the bill does allow an approving authority to approve the preliminary plat subject to conditions, including the condition that final infrastructure plans be submitted to the local governmental unit.
Under current law, a city, town, or village may approve a plat on the condition that the subdivider 1) makes and installs necessary public improvements or 2) provides security to ensure that necessary public improvements will be made within a reasonable time. Under the bill, the condition for approval is that the subdivider 1) agrees to install necessary public improvements and 2) provides financial security to ensure that necessary public improvements will be made within a reasonable time after the approval. Further, under the bill, a city, town, or village may not require that necessary public improvements be installed or approved as a condition of submitting, reviewing, approving, or recording a preliminary or final plat. Put another way, under the bill, a city, town, or village may condition approval of a plat on necessary public improvements being completed within a reasonable time after approval of the plat, but may not require that necessary public improvements be installed or accepted before the plat is approved.
Under current law, a subdivider must record a final plat with the register of deeds for the county in which the approved subdivision is located. The bill requires that the clerk of the city, town, village, or county authorized to approve the final plat certify that the plat is eligible for recording within 10 days of receiving a request for certification from the subdivider.
Finally, the bill makes changes to legislative purpose statements related to state and local regulation of the subdivision of land.
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:
SB479,1
1
Section
1
.
236.01 of the statutes is amended to read:
SB479,3,6
2
236.01
Purpose of chapter.
The purpose of this chapter is to regulate the
3
subdivision of land to promote public health, safety
,
and general welfare; to further
4
the orderly layout and use of land;
to prevent the overcrowding of land; to lessen
5
congestion in the streets and highways;
to ensure that land is developed in a
6
manner that supports healthy, livable communities; to foster the development of a
7
range of housing types; to advance complete streets that prioritize safety, comfort,
8
and accessibility for pedestrians, cyclists, transit riders, and motorists alike;
to
9
provide for adequate light and air; to facilitate adequate provision for water,
1
sewerage
,
and other public requirements;
to encourage development patterns that
2
provide safe and convenient transportation choices for a variety of users;
to provide
3
for proper ingress and egress; and to promote proper monumenting of land
4
subdivided and conveyancing by accurate legal description. The approvals to be
5
obtained by the subdivider as required in this chapter shall be based on
6
requirements designed to accomplish the aforesaid purposes.
SB479,2
7
Section
2
.
236.105 of the statutes is created to read:
SB479,3,17
8
236.105
Presubmission conceptual review.
The municipality, town, or
9
county that has the authority under s. 236.10 to approve a subdivision shall provide
10
the subdivider the opportunity to meet informally with representatives of the
11
municipality, town, or county before the subdivider submits a preliminary plat for
12
approval, or a final plat if the subdivider does not intend to submit a preliminary
13
plat for approval, to obtain the representatives’ conceptual review of the
14
subdivider’s proposed subdivision and opinions regarding whether the subdivision
15
complies with the municipality’s, town’s, or county’s requirements and conditions
16
for approving plats. Conceptual reviews and opinions provided under this section
17
are not binding on the municipality, town, or county, or the subdivider.
SB479,3
18
Section
3
.
236.11 (1) (a) of the statutes is amended to read:
SB479,4,5
19
236.11
(1)
(a) Before submitting a final plat for approval, the subdivider may
20
submit, or the approving authority may require that the subdivider submit, a
21
preliminary plat. It shall be clearly marked “preliminary plat” and
, except as
22
provided in par. (d),
shall be in sufficient detail to determine whether the final plat
23
will meet layout requirements.
Within
Subject to par. (d), within
90 days
,
the
24
approving authority, or its agent authorized to approve preliminary plats, shall
1
take action to approve, approve conditionally, or reject the preliminary plat and
2
shall state in writing any conditions of approval or reasons for rejection, unless the
3
time is extended by agreement with the subdivider. Failure of the approving
4
authority or its agent to act within the 90 days, or extension thereof, constitutes an
5
approval of the preliminary plat.
SB479,4
6
Section
4
.
236.11 (1) (d) of the statutes is created to read:
SB479,4,15
7
236.11
(1)
(d) A subdivider that submits a preliminary plat for approval under
8
par. (a) may submit preliminary, rather than final, plans and reports regarding
9
sewer, water, road cross-sections, grading, stormwater, soil testing, landscaping,
10
and street lighting. The approving authority, or its agent authorized to approve
11
preliminary plats, may not reject the preliminary plat on the basis that the plans
12
and reports are not final, but the approving authority or its agent may approve
13
conditionally the preliminary plat on that basis and state in writing the conditions
14
of approval as allowed under par. (a), including conditions that final plans and
15
reports are submitted.
SB479,5
16
Section
5
.
236.13 (2) (am) 1. a. of the statutes is amended to read:
SB479,5,3
17
236.13
(2)
(am) 1. a. As a further condition of approval, the governing body of
18
the town or municipality within which the subdivision lies may require that the
19
subdivider
make and
agree to
install any public improvements reasonably
20
necessary
or that the subdivider
and
provide
financial
security to ensure that the
21
subdivider will make those improvements within a reasonable time
after approval.
22
The governing body may not require that public improvements be installed or
23
accepted as a condition of submitting, reviewing, approving, or recording of a
24
preliminary or final plat
. The governing body may not require the subdivider to
1
provide security at the commencement of a project in an amount that is more than
2
120 percent of the estimated total cost to complete the required public
3
improvements, as determined under subd. 1d.
SB479,6
4
Section
6
.
236.13 (2) (am) 3. b. of the statutes is amended to read:
SB479,5,7
5
236.13
(2)
(am) 3. b. Upon such substantial completion, any outstanding local
6
building permits
for each home site on the plat
that are related to, and dependent
7
upon, substantial completion shall be released.
SB479,7
8
Section
7
.
236.25 (1) of the statutes is amended to read:
SB479,5,14
9
236.25
(1)
The subdivider shall have the final plat recorded in the office of the
10
register of deeds of the county in which the subdivision is located.
Subject to sub.
11
(2), a final plat that has the approvals required under s. 236.10, or that is deemed
12
approved under s. 236.11, is entitled to be recorded, and the clerk of the body having
13
authority to approve the plat shall make a certificate to that effect on the face of the
14
plat no later than 10 days after the subdivider requests the certificate.
SB479,8
15
Section
8
.
236.45 (1) of the statutes is amended to read:
SB479,6,6
16
236.45
(1)
Declaration of legislative intent.
The purpose of this section
17
is to promote the public health, safety
,
and general welfare of the community and
18
the regulations authorized to be made are designed
to lessen congestion in the
19
streets and highways;
to further the orderly layout and use of land; to secure safety
20
from fire, panic
,
and other dangers; to provide adequate light and air, including
21
access to sunlight for solar collectors and to wind for wind energy systems;
to
22
prevent the overcrowding of land; to avoid undue concentration of population;
to
23
facilitate adequate provision for transportation, water, sewerage, schools, parks,
24
playgrounds
,
and other public requirements;
and
to facilitate the further
1
resubdivision of larger tracts into smaller parcels of land. The regulations provided
2
for by this section shall be made with reasonable consideration, among other things,
3
of the character of the municipality, town
,
or county with a view of conserving the
4
value of the buildings placed upon land, providing the best possible environment for
5
human habitation, and for encouraging the most appropriate use of land
6
throughout the municipality, town
,
or county.
SB479,9
7
Section
9
. Initial applicability.
SB479,6,9
8
(
1
)
The treatment of ss. 236.11 (1) (a) and (d) and 236.13 (2) (am) 1. a. first
9
applies to a plat submitted on the effective date of this subsection.
SB479,10
10
Section
10
. Effective date.
SB479,6,12
11
(
1
)
This act takes effect on the first day of the 7th month beginning after
12
publication.
SB479,6,13
13
(end)
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