Frequently Asked Questions (FAQ) About Comprehensive Planning
These FAQs are intended for informational purposes. Local officials should base their actions on the advice of their legal counsel.
General Questions
- What is a comprehensive plan?
A comprehensive plan is a plan for future land use and infrastructure development and protection of natural resources, developed in accordance with the requirements of Section 66.1001 of the Wisconsin Statutes. A comprehensive plan must address the nine elements specified in the Statutes; must provide opportunities for public participation; and must be adopted by an ordinance of the governing body. - Why is the comprehensive planning law in Wisconsin nicknamed "smart growth"?
Parts of the comprehensive planning law are labeled "smart growth." Under the State’s comprehensive planning grant program, local governments are asked to identify "smart growth" areas, which are areas that will enable the development and redevelopment of lands with existing infrastructure and municipal and State services, or that will encourage efficient development patterns that are both contiguous to existing development and at densities which have relatively low municipal, State, and utility costs. A "smart growth" dividend aid program for residential development is also outlined in the Statutes, but has not yet been funded. - May a community continue to plan under the old law? That is, may a county continue to develop or be guided by a development plan, and may a city, village, or town with village powers continue to develop or be guided by a master plan?
Yes, the previous planning authorities remain in effect. However, as of January 1, 2010, a comprehensive plan consistent with Sec. 66.1001 of the Statutes must be in effect for any local governmental unit engaged in any program or action affecting land use. (See Sec. 66.1001(3) for the list of programs and actions that must be consistent with an adopted comprehensive plan starting in 2010). - What happens if a local unit of government takes an action that is not consistent with its adopted comprehensive plan?
The law does not specify a consequence for the failure to act consistently with the comprehensive plan. However, once the consistency requirement is in effect (2010), a person aggrieved by a local governmental unit’s allegedly inconsistent land use action could take the matter to court and possibly have the action set aside. - What is the definition of a "local governmental unit"?
Section 66.1001(1)(b) defines a "local governmental unit" as a "city, village, town, county, or regional planning commission that may adopt, prepare, or amend a comprehensive plan." - Whose comprehensive plan controls if plans conflict?
Beginning on January 1, 2010, the land-use related actions and programs of each local governmental unit must be consistent with that unit’s comprehensive plan. So each unit’s own comprehensive plan "controls" that unit’s actions and programs. However, the answer to the question of whose plan controls "on the ground" in case of conflicting plans for the same geographic area depends on the specific situation and implementation authority.
The Statutes cover situations where (a) the provisions of one comprehensive plan "control" another comprehensive plan; and (b) certain implementation authority "controls" an outcome of a matter when more than one unit is involved.
- In the first situation, a county development/comprehensive plan must include city and village master/comprehensive plans and official maps (Sec. 59.69(3) of the Statutes). A city or village plan may include "areas outside of its boundaries which in the plan commission’s judgment bear relation" to the municipality’s development (Sec. 62.23(2)). In addition, a city or village official map may cover the area subject to city or village extraterritorial plat approval (Sec. 62.23(6)(e)). The Statute governing county development/comprehensive plans provides that city or village master/comprehensive plans and any official maps "control" in the affected town territory "whether or not such action occurs before the adoption of a development [comprehensive] plan" (Sec. 59.69(3)(e)). Conversely, county board permission is required before a city or village master/comprehensive plan may include county parks, parkways, playgrounds, bathing beaches and other county recreational facilities that are located within the city or village corporate limits (Sec. 62.23(6)(i)).
The statutory language in the county planning law which provides that city and village comprehensive plans and official maps "control" in extraterritorial areas within a town appears to mean that, as of 2010, county actions and programs affecting land use in such areas must be consistent with those city and village plans and maps. Town actions and programs affecting land use in the extraterritorial area of a city or village must be consistent with the town comprehensive plan. - The second situation involves implementation authority that provides which unit’s actions and programs control or determine the outcome of a land use matter. (Unlike the comprehensive planning consistency requirement, which takes effect in 2010, these provisions are currently in effect.) For example, the approval of a town subdivision plat within the extraterritorial jurisdiction of a city or village may involve the county, the city or village, and the town (Sec. 236.10(1)(b)). As of 2010, each unit of government would have to act consistently with its own comprehensive plan, yet the outcome is now and will be based on the statutory scheme currently in effect. For example, the subdivision Statutes provide that when requirements of different units are conflicting, the most restrictive requirements apply, although the Statutes qualify this by providing that only the governing body of the city, village, or town in which the subdivision lies may require the installation of public improvements (Secs. 236.13(2)(a) and 236.13(4)).
- In the first situation, a county development/comprehensive plan must include city and village master/comprehensive plans and official maps (Sec. 59.69(3) of the Statutes). A city or village plan may include "areas outside of its boundaries which in the plan commission’s judgment bear relation" to the municipality’s development (Sec. 62.23(2)). In addition, a city or village official map may cover the area subject to city or village extraterritorial plat approval (Sec. 62.23(6)(e)). The Statute governing county development/comprehensive plans provides that city or village master/comprehensive plans and any official maps "control" in the affected town territory "whether or not such action occurs before the adoption of a development [comprehensive] plan" (Sec. 59.69(3)(e)). Conversely, county board permission is required before a city or village master/comprehensive plan may include county parks, parkways, playgrounds, bathing beaches and other county recreational facilities that are located within the city or village corporate limits (Sec. 62.23(6)(i)).
- Will comprehensive planning restrict our economy?
No. In fact, comprehensive planning can provide greater certainty in the market so that companies/employers experience less risk in making decisions about whether to locate in a particular community. A community can also have a better sense about the types of economic activities it wants to support and pursue in the future. - Can professional planners or local government staff make land use decisions?
Land use decisions are made by the local governing body (Common Council, Village Board, or Town Board), who may have received a recommendation from a plan commission, planning committee, or planning and/or zoning staff.
Comprehensive Planning Grant
- By accepting a State grant for comprehensive planning, will we give control to the State over local land use decisions?
No. State grants will assist County and local governments in funding the preparation of comprehensive plans. A grant closeout form is used to ensure that the County and each local comprehensive plan meets the letter of the law, specifically the nine elements, and that the County has complied with the requirements of the grant. No provision specifies how to prepare a comprehensive plan and how each element and goal is addressed; the local government can go about the process any way it deems appropriate and can address each element and goal in any way it deems appropriate, provided the minimum requirements of Secs. 66.1001 and 16.965 are met. These requirements do not dictate land use outcomes.
Public Participation Plan
- Are local governments required to prepare and adopt a public participation plan?
Yes. The County and each local government must individually adopt a public participation plan. The purpose and minimum contents of the public participation plan are set forth in Sec. 66.1001(4). The public participation plan must be adopted by the local governing body.
Plan Review and Adoption
- Under the comprehensive planning law, who has approval authority over a comprehensive plan and future amendments?
The plan may not take effect until it is adopted by ordinance. The law requires that the city, village, or town plan commission recommend by a resolution of a majority of the full membership of the commission the adoption of the comprehensive plan to the governing body (Common Council, Village Board, or Town Board). The governing body must adopt the comprehensive plan or any amendments by an ordinance enacted by a majority vote of the full membership of the governing body. A public hearing is also required prior to adoption of a plan or any plan amendments. The required public hearing may be held by either the plan commission or the governing body. (See Sec. 66.1001(4) of the Statutes for specific details). - Has the role of the local plan commissions changed in terms of the preparation and adoption of a comprehensive plan?
The comprehensive planning law provides that the plan commission recommends, by resolution, adoption of the proposed comprehensive plan before referring it to the governing body for adoption by ordinance. The plan commission does not have the authority to adopt the plan or any related amendments to a plan on behalf of the governing body. This is a change from the master planning Statute (Sec. 62.23), which gives the plan commission the authority to "make and adopt" a local master plan. - Are the powers of a plan commission in a city, village, or town with village powers advisory to the governing body?
Yes. The plan commission’s role in policy development is advisory, although the governing body may, if it so desires, give the commission more powers in implementation, under certain statutory authority. The plan commission exists to assist, not replace, the governing body by developing expertise and engaging in planning. The commission’s role is advisory in developing and amending the comprehensive plan and implementation measures, and in reviewing proposed actions affecting land use that are referred to it. The plan commission makes recommendations; the governing body makes the final decisions.
However, the governing body may, under specific statutory authority, choose to give the plan commission the authority to grant special exception permits (also known as conditional use permits), under the unit’s zoning ordinance (Sec. 62.23(7)(e)). Similarly, the governing body may delegate preliminary and final authority to approve subdivision plats and other proposed land divisions to the plan commission, although final plats dedicating streets, highways, and other lands must be approved by the governing body (Sec. 236.10(3)).
Document Printing, Review, and Distribution
- Can we send electronic (digital) copies of the "recommended" and "adopted" plans to the required distribution list in Section 66.1001(4) instead of paper copies?
Computer systems and capabilities vary greatly between communities. Sharing of your community ’s information regarding its future is a central theme in the comprehensive planning law. The Wisconsin Department of Administration recommends that each community send paper copies of the "recommended" and "adopted" plans, including the color maps and the adopting ordinance. An electronic copy may be sent in addition to paper copies. - Can a local government charge a fee to the parties it is required to distribute the plan to?
No. Section 66.1001(4)(b) of the Statutes requires that copies of the "recommended" and "adopted" plans and the adopting ordinance be sent to all governmental units within and adjacent to the county or local government preparing a plan; the Wisconsin Land Council and the Department of Administration; the regional planning commission; and the public library that serves the area in which the county or local government is located. Charging a fee is contrary to the spirit and intent of the Statutes. - Can a local government charge a fee for copies outside of those required by Statute?
This is completely up to each local government. Charging for copies requested by individuals or organizations not included on the required distribution list is permissible, in the opinion of the Department of Administration. It is recommended that at least one copy of all plan materials be available for public review at the City, Village, or Town Hall and the local library. - Can we send a summary document to the required distribution list instead of the entire plan?
The Statutes clearly indicate that the "recommended" plan, the "adopted" plan, and a copy of the adopting ordinance must be sent to the parties listed in Sec. 66.1001(4). Summaries would not meet this requirement. However, a local government may produce a summary document that includes the key policies and maps. Summary documents are particularly useful for communicating the major themes of a plan to a broader audience. Developing and/or distributing a summary document is not required under the comprehensive planning law, so its distribution should be decided on within each local government’s public participation plan. For example, a summary document could be sent in addition to the recommended plan to those parties on the required distribution list, and a summary document alone could be sent to interested parties not on the required distribution list. - If only minor changes were made by the governing body to the plan commission’s "recommended" plan, do we still need to send a copy of the "adopted" plan to the required distribution list, or can we just send the changes?
The Statutes specify that a copy of the full plan be sent to the required distribution list. Be sure to budget accordingly for sufficient funds to cover copy and mailing costs. - If no changes were made at all to the "recommended" plan, can we just send the "adopted" ordinance to the required distribution list?
The Department of Administration recommends that communities send a complete copy of both the recommended and final plans, including color maps and the adopting ordinance, to the distribution list.
For Further Information
Wisconsin Department of Administration
University of Wisconsin-Extension Local Government Center
University of Wisconsin-Extension Center for Land Use Education
(Note: Many of the questions and answers in this document were compiled from fact sheets distributed by the Department of Administration and the University of Wisconsin-Extension)
