Does Wisconsin's Smart Growth planning law affect city or village land use regulation power?
While the Smart Growth law does not directly compel a city or village
to adopt a comprehensive plan, it defines “comprehensive plan” to
include a master plan adopted or amended by a city or village under
62.23(2) or (3). Wis. Stat. sec. 66.1001(1)(a)2. Such a master plan must
contain at least all of the nine comprehensive plan elements specified
in the Smart Growth law if a city or village engages in official
mapping, local subdivision regulation or zoning. Wis. Stat. sec.
62.23(3)(b). And, these comprehensive plan elements must be adopted in
accordance with the land use planning procedures set forth in Wis. Stat.
In addition, city or village official
mapping, local subdivision regulation and zoning must be consistent with
the municipality’s comprehensive plan (i.e., master plan). Wis. Stat.
sec. 66.1001(3). “Consistent with” means “furthers or does not
contradict the objectives, goals, and policies contained in the
comprehensive plan.” Wis. Stat. sec. 66.1001(1)(am).