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WI SB873
WI SB873Limitations on extraterritorial subdivision ordinances of incorporated municipalities.
summary
Introduced
01/23/2026
01/23/2026
In Committee
01/23/2026
01/23/2026
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
Current law generally authorizes cities and villages (incorporated municipalities) to exercise subdivision regulation authority in certain areas that are outside of the boundaries of the city or village (extraterritorial land regulation jurisdiction). The extraterritorial land regulation jurisdiction consists of unincorporated areas (town territory) within three miles of the corporate limits of a first, second, or third class city or within 1.5 miles of a fourth class city or a village. This bill specifies that incorporated municipalities may not deny approval of subdivision of land in an extraterritorial land regulation jurisdiction based on 1) the proposed use of the land, 2) specifications related to public improvements on the land, 3) land division design standards, or 4) an agreement or lack of agreement related to the annexation of the land. The bill also provides that in any action brought by a town to enforce any of these provisions, if the town is the prevailing party, the town is entitled to have its reasonable attorney fees reimbursed by the incorporated municipality. LRB-5960/2 EVM:klm 2025 - 2026 Legislature SENATE BILL 873
AI Summary
This bill limits the reasons why incorporated municipalities, such as cities and villages, can deny the approval of land subdivisions in areas outside their official boundaries, known as extraterritorial land regulation jurisdiction. Currently, these municipalities have authority over these unincorporated areas within a certain distance of their borders, depending on their class. However, this bill specifies that municipalities can no longer reject a subdivision proposal based on the intended use of the land, requirements for public improvements on that land, the design standards for dividing the land, or whether an agreement for annexation exists or not. Furthermore, if a town (a local government unit) takes legal action to enforce these new restrictions and wins, the municipality responsible for the denial will have to pay the town's reasonable legal costs.
Committee Categories
Transportation and Infrastructure
Sponsors (15)
André Jacque (R)*,
Howard Marklein (R)*,
Rob Stafsholt (R)*,
Patrick Testin (R)*,
David Armstrong (R),
Barbara Dittrich (R),
Karen Hurd (R),
Joel Kitchens (R),
Rob Kreibich (R),
Paul Melotik (R),
Clint Moses (R),
Jeff Mursau (R),
Jerry O'Connor (R),
Rob Summerfield (R),
Rob Swearingen (R),
Last Action
Read first time and referred to Committee on Transportation and Local Government (on 01/23/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb873 |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB873.pdf |
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