Vote Smart's Synopsis:

Vote to pass a bill that establishes judicial review of local government decisions relating to land development.

Signed by Governor Tony Evers

Vote Smart's Synopsis:

Vote to pass a bill that establishes judicial review of local government decisions relating to land development.

Highlights:

• Authorizes a county to provide by ordinance, that the county’s decision on a conditional use permit application is not reviewable by the board of adjustment and may be appealed directly to the circuit court if the decision is on an application for approval (Sec. 2).

• Expands the process of appealing to include if the decision regarding a conditional use permit application is on an application for an approval (Sec. 5).

• Authorizes the council to act as a discretionary administrative or quasi-judicial body for the purpose of appeal under this paragraph (Sec. 8).

• Requires that, except when provided, the enactment of a zoning amendment must be approved by a simple majority of a quorum of the members-elet (Sec. 17).

• Defines permit to mean any permit or administrative approval required to proceed with a residential housing development and does not include a change to an existing ordinance or zoning classification of land or an approval of conditional use (Sec. 18).

• Defines a political subdivision as a city, village, town, or county (Sec. 18).

• Defines residential housing as a development for single-family or multi-family housing for sale or rent (Sec. 18).

• Requires that the political subdivision grant the application for a permit related to a residential housing development if it meets all existing requirements that must be satisfied (Sec. 18).

• Authorizes a person the ability to seek relief through an action for mandamus if they have been aggrieved by a political subdivision's failure to approve their application (Sec. 18).

• Authorizes the court to issue a writ of mandamus if they find that the political subdivision improperly failed to approve the application (Sec. 18).

• Defines approval to mean a permit authorization for a building, zoning, driveway, stormwater, or other activity related to a residential development (Sec. 20).

• Defines a residential development as the development or redevelopment of land or buildings for the primary purpose of providing housing (Sec. 20).

• Prohibits a final decision from a political subdivision on an application from being reviewed unless an action for certiorari is provided and must occur within 30 days after the final decision (Sec. 20).

• Specifies that an action for review can only be filed by (Sec. 20):

• The person who submitted the application;

• A person who has ownership interest in the property that is the subject of the application; and

• A person who, as a result of the final decision, will sustain actual damages that are personal.

• Requires that the court issue a decision in writing no later than 60 days after the deadline (Sec. 20).

• Authorizes a party to initiate an appeal by filing a notice of appeal with the clerk of the circuit court and must specify in the notice of appeal the judgment or order appealed from (Sec. 23).

• Requires that the court give preference to an appeal under this section and take the appeal in an order that ensures the court of appeals issues a decision no later than 90 days after the deadline (Sec. 23).

Full Bill Text