Key Points About Wisconsin's New Comprehensive Planning And

G3750

Key Points About Wisconsin’s New Comprehensive Planning and“Smart Growth” Law Brian W. Ohm

How did the law How does the law C. It requires public participation. originate? impact local planning ■ The local governing body must his law is the work of a unique in Wisconsin? adopt written procedures designed to foster public coalition of groups that includes A. It provides a definition of a participation. Tthe Wisconsin Realtors “comprehensive plan.” Association; 1000 Friends of D. It requires that a comprehensive ■ Includes the “9 elements”: Issues Wisconsin; the Wisconsin Builders plan be adopted in its entirety. and Opportunities; Housing; Association; the Wisconsin Chapter of Transportation; Utilities and ■ Prior to the Smart Growth law, the American Planning Association; Community Facilities; master plans and county devel- the Wisconsin Council of Regional Agricultural, Natural and opment plans could be adopted Planning Organizations; the Wisconsin Cultural Resources; Economic in parts and, as a result, the plans Counties Association; the Wisconsin Development; Intergovern- were often never “complete.” League of Municipalities; the mental Cooperation; Land Use; Wisconsin Alliance of Cities; the E. It requires that the governing Implementation. Wisconsin Towns Association; and the body adopt the comprehensive Wisconsin Department of ■ Prior to the Smart Growth law, plan by ordinance. Administration, Office of Land Wisconsin had only the 1920s ■ Prior to the Smart Growth law Information Services. Facilitated by definition of a “a master plan” only the plan commission was faculty from the University of (for cities, villages, and towns) required to adopt master plans. Wisconsin-Madison, the groups devel- and a limited definition of “a oped the definition of the compre- county development plan,” hensive plan that Governor Tommy added in 1967. Thompson included in the state ■ This definition applies budget bill along with money for to all cities, villages, planning grants. As the bill made it towns, counties and through the legislative process, legis- regional planning com- lators added local comprehensive missions in Wisconsin. planning goals, a “smart growth B. It requires consistency. dividend,” and requirements for tradi- tional neighborhood development ■ After January 1, 2010, ordinances. local programs and actions impacting land Enacted in October 1999, the law use must be consistent begins to provide the framework for a with that local govern- unified land use planning and regula- ment’s comprehensive tion enabling law for Wisconsin. plan. In other words, the law requires that all local gov- ernments must have a compre- hensive plan by January 1, 2010, if they engage in programs or actions that affect land use. F. It changes the composition of ■ The Smart Growth law states I. Establishes a “smart growth city, village and town plan that priority for grants will be dividend aid program.”

commissions to allow greater given to planning efforts that: ■ Currently the program is local discretion. —address intergovernmental unfunded.The specifics will be ■ The plan commission shall issues; developed by the Wisconsin consist of seven members, —meet 14 local comprehensive Departments of Administration appointed by the mayor.The planning goals identified in the and Revenue.The first grants are mayor also appoints the presid- legislation; to be distributed in 2005. ing officer. Members may consist —identify Smart Growth areas ■ Local governments would of the mayor and other elected (defined as areas that will receive unrestricted state finan- or appointed city officials, but enable the development and cial aid based on new housing the commission must have at redevelopment of lands with units sold or rented on lots that least three citizen members who existing infrastructure and are no more than three acres, are not city officials (this elimi- municipal, state and utility and new housing units sold at nates antiquated language from services, or that will encourage no more than 80% of the 1920s model zoning enabling efficient development patterns median sale price for new act). that are both contiguous to homes in the county. ■ For towns with a population of existing development and at less than 2,500, the plan com- densities which have relatively How does the law affect mission may consist of five low municipal, state govern- state agencies? members appointed by the mental and utility costs); State agencies are encouraged to town chairperson, who selects —include the development of design their programs, policies, infra- the presiding officer.The plan implementing ordinances; structure and investments to reflect a commission must include at balance between the mission of the —will be completed within 30 least one citizen member who is agency and 14 local comprehensive months; and not a town official. planning goals. State agencies are also G. It provides state funded grants to —provide opportunities for encouraged to design planning assist with local planning efforts. public participation. requirements for local governments in

■ Matching grants. H. Requires that cities and villages a manner that makes it practical for with a population of at least local governments to incorporate ■ Grants must be approved by the 12,500, adopt traditional those requirements into local compre- Wisconsin Land Council (a pre- neighborhood development hensive plans. existing advisory land use body ordinances that are similar to an located within the Wisconsin A copy of the law and related informa- ordinance developed by the Department of Administration). tion is available from the Wisconsin University of Wisconsin-Extension. Department of Administration, Office The ordinance is not required to of Land Information Services, at be mapped. www.doa.state.wi.us/olis.

Author: Brian W. Ohm is an attorney and an associate professor in the Department of Urban and Regional Planning at the University of Wisconsin–Madison and the University of Wisconsin–Extension. Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture, University of Wisconsin–Extension, Cooperative Extension. University of Wisconsin–Extension provides equal opportunities in employment and programming, including Title IX and ADA requirements. If you need this information in an alternative format, contact the Office of Equal Opportunity and Diversity Programs or call Extension Publishing at (608) 262-2655. © 2001 by the Board of Regents of the University of Wisconsin System. Send inquiries about copyright permission to: Director, Cooperative Extension Publishing, 201 Hiram Smith Hall, 1545 Observatory Dr., Madison,WI 53706. You can obtain copies of this publication from your Wisconsin county Extension office or from Cooperative Extension Publications, 45 N. Charter Street, Madison,WI 53715, 608-262-3346. Outside Madison, call toll free: 1-877-WIS-PUBS (947-7827). Before publicizing, please check on this publication’s availability. To see more Cooperative Extension publications, visit our web site: www.uwex.edu/ces/pubs/

Key Points about Wisconsin’s New Comprehensive Planning and “Smart Growth” Law (G3750) I-10-01-2M-100