Land Use Challenges for Municipalities

A good municipal lawyer can prove especially valuable in the process of land use planning and decision-making. 

The Smart Growth Law and Zoning Troubles 

Wisconsin’s land use planning law changed dramatically in 1999 with the adoption of what is commonly known as “Smart Growth” legislation.  The Smart Growth law creates an open, comprehensive land use planning process that is intended to ensure responsible planning, create a framework for implementation of plans, and encourages the healthy development of rural and urban communities.  

A comprehensive land use plan (otherwise known as a Smart Growth Plan) must include the following nine elements: 

• Issues and Opportunities 

• Housing 

• Transportation 

• Utilities and Community Facilities 

• Agricultural, Natural and Cultural Resources 

• Economic Development 

• Intergovernmental Cooperation 

• Land Use 

• Implementation 

A municipality’s comprehensive land use plan must be updated every ten years. The municipality’s plan commission is required to serve as an advisory body in developing this plan. 

Pursuant to Wis. Stat. § 66.1001 (2) (i), a comprehensive land use plan must include “proposed changes to any applicable zoning ordinances, official maps, or subdivision ordinances [required] to implement the objectives, policies, plans and programs” of the required elements. After the plan is adopted, it is essential to comply with the plan when making development and land use decisions

Managing Zoning  Regulations

Implementation of the comprehensive land use plan requires careful management of zoning regulations. Proposed zoning changes may be challenged by neighboring landowners and other members of the community. Effectively navigating the zoning process requires the assistance of a municipal lawyer. 

To modify a zoning ordinance, the following must occur: 

1. The landowner, plan commission, or governing body must initiate a change request. 

1. The plan commission will need to review the requested change and schedule a public hearing. 

1. A public hearing is required. During this hearing, the public has the opportunity to comment on the proposed change.  

1. After taking public comment, the plan commission will usually make a recommendation to the governing body. 

1. The council or board will then either approve or deny the requested zoning change. 

The plan commission’s recommendation and the governing body’s decision regarding the request should comply with the municipality’s comprehensive land use plan. Consistency is required under state law, and citizens may take legal action to challenge decisions that are inconsistent with the plan. 

Decision makers should therefore have an extensive understanding of their municipality’s comprehensive land use plan and Wisconsin laws governing land use. Engagement of a seasoned municipal lawyer can provide valuable support for communities updating and changing their zoning ordinances, developing their comprehensive plans. 

Navigating Challenges to Zoning Ordinances 

Municipal officials will want to take a proactive approach to handling zoning issues. Thorough development plans that map out a community’s anticipated future growth will greatly enhance the process of approving future zoning changes.  

When new opportunities arise, municipalities will want to determine if those opportunities fit into the land use plan, or if that plan needs to be changed.. 

Engaging a good municipal lawyer is critical  to eliminating or avoiding legal challenges that may accompany changes in land use. The support of a municipal lawyer may prove crucial to avoiding unnecessary mistakes and efficient implementation of zoning changes.  

Nowlan Law—Your Municipal Attorney 

At Nowlan, we pride ourselves on offering comprehensive legal services to municipalities. Understanding and interpreting your community’s lang use plan and identifying potential issues is essential to effective government. 

With experienced and dedicated guidance, our Municipal Law team provides experienced and dedicated guidance to assist you through every phase of the land use process. Contact us now to learn more about our services.