66.10016 Permits for residential housing developments. (1) In this section: (a) “Permit” means any permit or administrative approval required to proceed with a residential housing development. “Permit” does not include a change to an existing ordinance or zoning classification of land or an approval of a conditional use as defined under s. 59.69 (5e) (a) 1., 60.61 (4e) (a) 1., or 62.23 (7) (de) 1. a. (b) “Political subdivision” means a city, village, town, or county. (c) “Residential housing development” means a development for single-family or multi-family housing for sale or rent. (2) The definitions under s. 66.10015 (1) do not apply to this section. (3) If a person submits a complete application for a permit related to a residential housing development meeting all existing requirements that must be satisfied to obtain the permit at the time the application is filed, the political subdivision shall grant the application. An application is deemed complete under this subsection if it complies with form and content requirements. An application is filed under this subsection on the date that the political subdivision receives the application. NOTE: Sub. (3) is affected eff. 1-1-28 by 2025 Wis. Act 173 to read: (3) (a) If a person submits a complete application for a permit related to a residential housing development meeting all existing requirements that must be satisfied to obtain the permit at the time the application is filed, the political subdivision shall grant the application. An application is deemed complete under this paragraph if it complies with form and content requirements. As part of an application, the applicant shall certify that the lands subject to the application are not located within a farmland preservation zoning district, not subject to a farmland preservation agreement, and not located within an agricultural enterprise area. An applicant that provides a false certification under this paragraph 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). An application is filed under this paragraph on the date that the political subdivision receives the application. (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 request for a change to a zoning classification of land that is required to proceed with a residential housing development and all of the following are satisfied, the political 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 projected for residential land use under s. 66.1001 (2) (h) 4. b. The proposed change is for an area that is adjacent 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 development falls within the minimum and maximum net density for the area specified under s. 66.1001 (2) (h) 4. for the current 5year 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 subdivision does not meet existing housing demand or forecasted housing demand within the next 5 years, as provided in the comprehensive plan. e. The requester certifies in writing that the proposed change is for an area that is not located within a farmland preservation zoning district or agricultural enterprise area or subject to a farmland preservation agreement. A requester that provides a false certification under 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:
Updated 23-24 Wis. Stats. 146 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 requester specified a zoning classification under subd. 2. a., and the zoning classification allows the net density of residences in the proposed residential housing development, 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 of land that satisfies the requirements of subd. 1. may be denied by the political subdivision if the political subdivision demonstrates that the denial is necessary to prevent a shortage in, or the overburdening of, public facilities 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.
(4) A person aggrieved by a political subdivision’s failure to approve an application under sub. (3) may seek relief through an action for mandamus as provided in ch. 783. If the court finds that the political subdivision improperly failed to approve the application under sub. (3), the court shall issue a writ of mandamus ordering the political subdivision to approve the application. For purposes of any mandamus claim filed under this subsection, substantial damages or injury shall be assumed. NOTE: Sub. (4) is affected eff. 1-1-28 by 2025 Wis. Act 173 to read: (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 through an action for mandamus as provided in ch. 783. If the court finds that the political subdivision improperly failed to approve the application under sub. (3) (a) or the request under sub. (3) (b), the court shall issue a writ of mandamus ordering the political subdivision to approve the application or request. For purposes of any mandamus claim filed under this subsection, substantial damages or injury shall be assumed. (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 attributable to the failure to approve the request within the time frame provided in sub. (3) (b) 1. or 5. of submission of the request.
(5) In this subsection “qualifying residential development” means 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. 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 capability 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. NOTE: Sub. (5) is created eff. 1-1-28 by 2025 Wis. Act 173. History: 2023 a. 16; 2025 a. 173.