As part of the state's 1999-2000 biennial budget, Governor Thompson signed into law one of the
most comprehensive pieces of land use legislation considered in this state during the last 50
years. This legislation, referred to as the "Smart Growth" legislation, is intended to provide local
governmental units with the tools necessary to create comprehensive plans and more informed
decisions and encourage state agencies to create more balanced land use rules and policies.

The Comprehensive Plan Definition

The "Smart Growth" legislation includes one of the most substantive definitions of a
"comprehensive plan" in the country. Prior to this legislation, Wisconsin only had the 1920s
limited definition of a "master plan" (for cities, villages and towns with village powers) and a
limited definition of a "county development plan," which was adopted in 1967. Unlike prior
definitions, the "comprehensive plan" definition applies uniformly to all cities, villages, towns,
counties and regional planning commissions in Wisconsin. Although this definition does not
solve all of the problems associated with land use planning, it begins to provide the framework
for a unified land use planning and regulation enabling law for Wisconsin.

The purpose of the comprehensive plan definition is to provide local governmental units with a
framework for making more informed land use decisions. Too often local governmental units
make decisions without understanding their impact on other aspects of the community. To help
local governmental units better assess the impacts of their decisions on all aspects of the
community, the comprehensive plan definition consists of the following nine elements: an issues
and opportunities element; a housing element; a transportation element; a utilities and
community facilities element; a natural and cultural resources element; an economic
development element; an intergovernmental cooperation element; a land use element; and an
implementation element.

Planning Requirements

The "Smart Growth" package requires that all programs and actions of local governmental units
(counties, cities, villages, towns, and regional planning commission) that affect land use must be
"consistent with" the comprehensive plan by January 1, 2010. Therefore, any local
governmental unit that wants, for example, to acquire land for parks, create a local farmland
preservation program or regulate land use through zoning, subdivision regulations, or any other
means is required to have a comprehensive plan. On the other hand, those local governmental
units that do not want to engage in activities that affect land use do not have to create a
comprehensive plan.

As indicated in this legislation, merely completing the comprehensive plan by January 1, 2010, is
not enough. In an effort to make the comprehensive plan the cornerstone of all local land use
decisions, the comprehensive plan, once completed, must be implemented by January 1, 2010.
This means that (a) the comprehensive plan must be adopted by the governing body of the local
governmental unit according to the procedures outlined in Wis. Stat. § 66.0295(4) (discussed
below), and (b) all local programs and actions affecting land use must be consistent with the
comprehensive plan. For some local governmental units, the process of updating their programs
and actions to be consistent with their comprehensive plan will be a sizable task, requiring
considerable time and effort. For other local governmental units, this will be a relatively
systematic process. Nevertheless, local governmental units are strongly encouraged to begin this
process as early as possible to avoid potential pitfalls.

Existing plans and current planning processes are not directly affected. However, before
January 1, 2010, local governments undertaking programs and actions that impact land use will
need to have a comprehensive plan. Planning takes time. The earlier a community begins to
prepare a comprehensive plan the better. The grant program and the "smart growth dividend aid
program" also provide incentives for early completion of comprehensive plans.

Local Comprehensive Planning Goals

The "Smart Growth" legislation establishes 14 local comprehensive planning goals to guide state
land use actions and local planning efforts. Specifically, each state agency is encouraged to
design its programs, policies, infrastructure and investments to strike a balance between the
mission of the agency and the local comprehensive planning goals. In addition, whenever a state
agency requires a local governmental unit to prepare a plan, the state agency is required to ensure
the planning efforts of the local governmental unit are designed to further the local
comprehensive planning goals to the extent practical. Furthermore, the local comprehensive
planning goals will be used by the Wisconsin Land Council as criteria for awarding planning
grants to local communities. Those grant applications which specifically describe the means by
which they will accomplish these goals will receive funding priority.

The following is a list of the 14 local comprehensive planning goals:

1 Promotion of the redevelopment of lands with existing infrastructure and public
services and the maintenance and rehabilitation of existing residential, commercial and
industrial structures.
2 Encouragement of neighborhood designs that support a range of transportation choices.
3 Protection of natural areas, including wetlands, wildlife habitats, lakes and woodlands,
open spaces and groundwater resources.
4 Protection of economically productive areas, including farmland and forests.
5 Encouragement of land uses, densities and regulations that promote efficient
development patterns and relatively low municipal, state government and utility costs.
6 Preservation of cultural, historic and archaeological sites.
7 Encouragement of coordination and cooperation among nearby units of government.
8 Building of community identity by revitalizing main streets and enforcing design
standards.
9 Providing an adequate supply of affordable housing for all income levels throughout
each community.
10 Providing adequate infrastructure and public services and a supply of developable land
to meet existing and future market demand for residential, commercial and industrial
uses.
11Promoting the expansion or stabilization of the current economic base and the creation
of a range of employment opportunities at the state, regional and local levels.
12 Balancing individual property rights with community interests and goals.
13 Planning and development of land uses that create or preserve varied and unique urban
and rural communities.
14 Providing an integrated, efficient and economical transportation system that provides
mobility, convenience and safety which meets the needs of all citizens including transit-
dependent and disabled.

Local governmental units are not required to meet the local comprehensive planning goals.
Only those local governmental units that want to receive funding priority will be required to meet
these goals. Those local governmental units that do not wish to receive priority for state funding
or desire only to apply for the funding available to complete the transportation element will not
be required to meet the local comprehensive planning goals.

Process for Adopting the Comprehensive Plan

The "Smart Growth" legislation significantly changes the process by which local governmental
units adopt their comprehensive plans. First, the comprehensive plan must be adopted in its
entirety. This means that local governmental units must adopt a comprehensive plan that
contains all nine elements and meets the statutory requirements set forth in Wis. Stat. § 66.0295
before the comprehensive plan goes into effect. Again, if the local governmental unit fails to
adopt a comprehensive plan that meets the statutory definition, then all of its programs, actions
and regulations will likely be void. Under current law, local governmental units can adopt
master plans and county development plans in parts and the plans are often never "complete".

Second, the governing body of the local governmental unit must adopt written procedures
designed to foster public participation through every stage of the planning process. These
procedures must provide the public with an opportunity to submit written comments to the
governing body and for the governing body to respond. Current law does not require public
participation throughout the planning process. As a result, the public is often provided with its
first opportunity to review and comment on the plan after it has been completed.

Third, the governing body of the local governmental unit must adopt the plan by ordinance.
Prior to adopting the ordinance, the local governmental unit must publish a class 1 notice at least
30 days before the required public hearing is held. The class 1 notice must contain at least the
following information: (a) the date, time and place of the hearing; (b) a summary of the proposed
comprehensive plan or amendment; (c) the name of the person to contact for additional
information; and (d) the location where the proposed comprehensive plan or amendment can be
reviewed by the public. Current law only requires that the plan commission, not the governing
body, adopt master plans.

The following is a checklist summary of the required content of the comprehensive plan.

A. Issues and Opportunities Element
Background information:
1. Current age distribution
2. Current education levels
3. Current income levels
4. Current employment characteristics
5. Demographic trends/forecasts that will tie into other plan elements:
a. Population
b. Employment
c. Housing
Overall goals, objectives, policies, and programs of the local governments unit to guide
future development over the next 20 years.

B. Housing Element
Background information:
1. Assessments of the following issues regarding the housing stock:
a. Age
b. Structural characteristics
c. Value characteristics
d. Occupancy characteristics
2. Forecast of demand for housing.
Goals, objectives, policies, maps and programs to provide an adequate housing supply to
meet forecasted housing demand.
Specific policies and programs to promote development of housing for local residents and to
provide a range of housing choices for persons of all income levels, all age groups and
people with special needs.
Policies and programs to promote availability of land for development of housing for low-
income and moderate-income households.
Policies and programs to maintain or rehabilitate the existing housing stock.

C. Transportation Element
Background information:
1. Identification of highways by function.
2. Identification of state, regional and other applicable transportation plans for modes,
including highway, airport, rail, public transportation.
Identification of the local government unit's goals, objectives and policies and comparison
of these with state and regional transportation plans.
Goals, objectives, policies, maps and programs for transportation, including modes of
highway, transit, transportation systems for persons with disabilities, bicycles, walking,
railroads, air transportation, trucking and water transportation.
The transportation element of the comprehensive plan shall incorporate plans for roads,
airports and rail from state, regional and other levels of government.

D. Utilities and Community Facilities
Background information:
1. Inventory of location, use and capacity of all existing utility and community facilities.
2. Assessment of future need for services that will create the need for utilities and
facilities.
3. Projection and forecast of need and timetables to expand or rehabilitate same and/or
create new facilities, based upon the assessment of future needs/demands.
4. Assessment of future needs for services that will need to accompany utilities and
facilities.

Goals, objectives, policies, maps and programs for future development of facilities such as
the following:
1. Sanitary sewer
2. Stormwater management
3. Water supply
4. Solid waste
5. On-site wastewater treatment
6. Recycling
7. Parks
8. Telecommunications
9. Power plants and transmission lines
10. Cemeteries
11. Health care
12. Child care
13. Police, Fire and Rescue
14. Libraries
15. Schools
16. Other government facilities.

E. Agricultural, Natural and Cultural Resources
Background information: See Land Use Element Goals, objectives, policies, maps and
programs dealing with natural resource issues such as:
1. Groundwater
2. Forest
3. Productive agricultural areas
4. Environmentally sensitive areas
5. Threatened and endangered species
6. Stream corridors
7. Surface waters
8. Floodplains
9. Wetlands
10. Wildlife habitat
11. Metallic and non-metallic mineral resources
12. Parks
13. Open spaces
14. Historical and cultural resources
15. Community design
16. Recreational resources
17. Other natural resources

F. Economic Development
Background information:
1. Analysis of labor force and economic base.
2. Assessment of strengths and weaknesses with respect to attracting and retaining
business.
3. Evaluation of "brownfields".
4. Inventory of county, regional and state economic development programs that apply in
the area.
5. Assessment of categories or types of new business desired in the community.
Designation of an adequate number of sites for businesses and industry.
Objectives, policies, goals, maps and programs to promote economic base with respect to:
1. Stabilization, retention or expansion in quality employment opportunities.
2. Promotion of use of "brownfields" for commercial and industrial uses.

G. Intergovernmental Cooperation
Background information:
1. Analysis of the relationship between the local government to the school districts and
adjacent local governments, to the region, the state and other government units.
2. Identification of any intergovernmental agreements.
Identification of existing or potential conflicts and description of what processes will resolve
those conflicts.
Compilation of goals, objectives, policies, maps and programs for joint planning and joint
decision making for siting and building public facilities and sharing public services.

H. Land Use
Background information:
1. Maps showing current land uses.
2. Maps showing productive agricultural soils, natural limitations for building,
floodplains, woodlands, other environmentally sensitive areas.
3. Maps showing service limits of utilities and services, and timetables for service
expansions.
4. Data on amounts, types, intensity and net density of existing land uses.
5. Analyze trends with respect to the above issues of land use.
Projections, in five-year increments, running out 20 years, of future land use organized into
residential, agricultural, commercial and industrial, including net densities and other "spatial
assumptions". Projections must be based on forecasts made within the Issues and
Opportunities Element.
Maps showing future land use with specific identification of natural resources, agricultural
soils, floodplains, and environmentally sensitive lands.
Identification of net densities or other classifications for future land use shown on the plan
maps.
Objectives, policies, etc., to guide use of public and private property.

I. Implementation Element
Describe how each of the elements of the plan has been integrated and made consistent with
the remainder of the plan.
Programs and actions and the sequence thereof to amend zoning or other regulations, or
other measures to implement the comprehensive plan.
A system by which implementation can be measured.
With respect to comprehensive plans as described above, new procedures are enacted for
preparation and adoption of such plans. The preparation process will include written
procedures to promote public participation, plan commission referral and recommendation
by resolution, public hearing, and adoption by the local elected body in the form of an
adopting ordinance. A comprehensive plan must be complete, containing all nine elements.