Proposed Use of Property Not to be Considered in Reviewing Land Divisions Outside City/Village Limits
The Wisconsin Legislature recently adopted a law which prohibits municipalities from considering the proposed use of property in reviewing requests for land divisions within their extraterritorial authority. The result is that where a business intends to acquire property outside of a city or village but within 3 miles of its limits, the city or village cannot refuse to accept a certified survey map or other land division because the intent is to use the property for commercial or industrial purposes.
Many municipalities have not gone through the procedures required to zone property outside of their boundaries, but have extraterritorial platting authority, giving them approval authority regarding land divisions within 3 miles of their incorporated boundaries. Recent court decisions have indicated that the proposed use of the property being divided may be taken into consideration in deciding whether the land division should be approved. The new law is apparently in response to those court decisions.
