Information on the State of Wisconsin’s Housing Affordability and Fee Reporting Requirements
Excerpted from “Act 243 Constrains Municipal Development Authority” from the League of Wisconsin Municipalities
Effective January 1, 2019, Act 243 requires that by January 1, 2020, cities and villages with a population of 10,000 or more must prepare a report of the municipality’s implementation of the housing element of its comprehensive plan and update the report annually, not later than January 31. The report must contain information specified in Wis. Stat. sec. 66.10013(2) and analyze the financial impact of the municipality’s residential development regulations (e.g., land use controls, site improvement requirements, fees and land dedication requirements, and permit procedures) on new subdivision costs, and identify ways the municipality can modify these things to meet existing and forecasted housing demand and reduce the time and cost necessary to approve and develop a new residential subdivision in the municipality by 20 percent. The municipality must post this report on the municipality’s internet site on a web page dedicated solely to the report and titled “Housing Affordability Analysis.” In addition, these municipalities must also prepare a report of the municipality’s residential development fees containing information specified in sec. 66.10014(2) and then divide the total amount of fees imposed for purposes related to residential construction, remodeling, or development in the prior year by the number of new residential dwelling units approved by the municipality in the prior year. This report must be posted on the municipality’s internet site on a web page devoted solely to the report and titled “New Housing Fee Report.” If the municipality does not have an internet site, the county in which the municipality is located must post the information on its internet site on a web page dedicated solely to development fee information for the municipality. The municipality must provide copies of the reports to each governing body member. Importantly, if a fee or the amount of a fee is not properly posted as required, the municipality may not charge the fee.