AB 452 — Relating to: subdivision plat approvals. (FE)

236.105 of the statutes is created to read:

236.105 Presubmission conceptual review.

The municipality, town, or county that has the authority under s.

236.10 to approve a subdivision shall provide the subdivider the opportunity to meet informally with representatives of the municipality, town, or county before the subdivider submits a preliminary plat for approval, or a final plat if the subdivider does not intend to submit a preliminary plat for approval, to obtain the representatives’ conceptual review of the subdivider’s proposed subdivision and opinions regarding whether the subdivision complies with the municipality’s, town’s, or county’s requirements and conditions for approving plats.

Conceptual reviews and opinions provided under this section are not binding on the municipality, town, or county, or the subdivider.

S ECTION 3.

236.11 (1) (a) of the statutes is amended to read:

236.11 (1) (a) Before submitting a final plat for approval, the subdivider may submit, or the approving authority may require that the subdivider submit, a preliminary plat.

It shall be clearly marked “preliminary plat” and, except as provided in par.

(d), shall be in sufficient detail to determine whether the final plat will meet layout requirements.

Within Subject to par.

(d), within 90 days, the approving authority, or its agent authorized to approve preliminary plats, shall - 2026 Legislature - 4 - LRB-0669/1 FFK&EVM:cdc&cjs ASSEMBLY BILL 452 SECTION 3 take action to approve, approve conditionally, or reject the preliminary plat and shall state in writing any conditions of approval or reasons for rejection, unless the time is extended by agreement with the subdivider.

Failure of the approving authority or its agent to act within the 90 days, or extension thereof, constitutes an approval of the preliminary plat.

S ECTION 4.

236.11 (1) (d) of the statutes is created to read:

236.11 (1) (d) A subdivider that submits a preliminary plat for approval under par.

(a) may submit preliminary, rather than final, plans and reports regarding sewer, water, road cross-sections, grading, stormwater, soil testing, landscaping, and street lighting.

The approving authority, or its agent authorized to approve preliminary plats, may not reject the preliminary plat on the basis that the plans and reports are not final, but the approving authority or its agent may approve conditionally the preliminary plat on that basis and state in writing the conditions of approval as allowed under par.

(a), including conditions that final plans and reports are submitted.

S ECTION 5.

236.13 (2) (am) 1.

prohibits a governing body from requiring as a condition of approval that public improvements be installed within a reasonable time after the platstatutes is approved.Y.amended to read:

2.236.13 (2) (am) 1.

Pagea. 5, line 6:

deleteAs linesa 6further andcondition 7of andapproval, substitutethe Xbuildinggoverning permitsbody forof homethe sitestown onor municipality within which the platsubdivision lies may require that arethe relatedsubdivider to,make and dependentagree upon,to substantialinstall completionany meetpublic theimprovements requirementsreasonably ofnecessary applicableor buildingthat codes,the zoningsubdivider ordinances, and otherprovide municipalfinancial regulationssecurity shallto beensure releasedthat andthe maysubdivider notwill bemake withheldthose solelyimprovements becausewithin ofa thereasonable statustime ofafter publicapproval. improvements.Y.

3.The governing body may not require that public improvements be installed or accepted as a condition of submitting, reviewing, approving, or recording of a preliminary or final plat.

PageThe 5,governing linebody 12:may not require the subdivider to - 2026 Legislature - 5 - LRB-0669/1 FFK&EVM:cdc&cjs ASSEMBLY BILL 452 SECTION 5 provide security at the commencement of a project in an amount that is more than 120 percent of the estimated total cost to complete the required public improvements, as determined under subd.

delete1d. Xrecorded, and theY and substitute Xrecorded.

TheY.S ECTION 6.

-236.13 2026(2) Legislature(am) -3. 2 - LRBa0453/1 FFK:wlj 4.

Pageb. 5, line 14:

deleteof Xrequests the certificateYstatutes andis substituteamended Xsubmitsto theread: plat with the certificates and affidavits required under sub.

236.13 (2) (c)(am) and3. (d)Y.

(ENDb. )

Upon such substantial completion, any outstanding local building permits for each home site on the plat that are related to, and dependent upon, substantial completion shall be released.

S ECTION 7.

236.25 (1) of the statutes is amended to read:

236.25 (1) The subdivider shall have the final plat recorded in the office of the register of deeds of the county in which the subdivision is located.

Subject to sub.

(2), a final plat that has the approvals required under s.

236.10, or that is deemed approved under s.

236.11, is entitled to be recorded, and the clerk of the body having authority to approve the plat shall make a certificate to that effect on the face of the plat no later than 10 days after the subdivider requests the certificate.

S ECTION 8.

236.45 (1) of the statutes is amended to read:

236.45 (1) DECLARATION OF LEGISLATIVE INTE.

The purpose of this section is to promote the public health, safety, and general welfare of the community and the regulations authorized to be made are designed to lessen congestion in the streets and highways;

to further the orderly layout and use of land;

to secure safety from fire, panic, and other dangers;

to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems;

to prevent the overcrowding of land;

to avoid undue concentration of population;

to facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds, and other public requirements;

and to facilitate the further - 2026 Legislature - 6 - LRB-0669/1 FFK&EVM:cdc&cjs ASSEMBLY BILL 452 SECTION 8 resubdivision of larger tracts into smaller parcels of land.

The regulations provided for by this section shall be made with reasonable consideration, among other things, of the character of the municipality, town, or county with a view of conserving the value of the buildings placed upon land, providing the best possible environment for human habitation, and for encouraging the most appropriate use of land throughout the municipality, town, or county.

S ECTION 9.

Initial applicability.

(1) The treatment of ss.

236.11 (1) (a) and (d) and 236.13 (2) (am) 1.

a.

first applies to a plat submitted on the effective date of this subsection.

S ECTION 10.

Effective date.

(1) This act takes effect on the first day of the 7th month beginning after publication.

(END)