On the agenda: Cottagegrove meeting — Data Center (May 13)

VILLAGE OF COTTAGE GROVE
NOTICE OF PUBLIC MEETING
Plan Commission
Wednesday, May 13, 2026
6:30 p.m.
This meeting will take place as a hybrid meeting both virtually via Zoom and in person at Village
Hall at 221 E. Cottage Grove Road. If you are utilizing Zoom, please join the meeting from your
computer, tablet or smartphone by visiting https://us06web.zoom.us/j/89068223836?
pwd=wU8RsG4hIk3ILTHpLjTM94wIGGEK5K.1. Y ou can also participate via phone by dialing 1
312 626 6799 and use Meeting ID 890 6822 3836 # When asked for your Participant ID, just press
#, when asked for the Passcode enter 221.You may also choose to participate by providing public
comment prior to the meeting via email to Village Clerk Lisa Kalata: [email protected]. If this is a teleconference, virtual or hybrid meeting, please review the Village of
Cottage Grove’s policy.

1. Call To Order
2. Determination Of Quorum And That The Agenda Was Properly Posted
3. Pledge Of Allegiance
4. PUBLIC APPEARANCES-Public's Opportunity To Speak
5. Discuss And Consider The Minutes From The Plan Commission Meeting Of April 8, 2026.
Documents:
4-8-26 PLAN COMMISSION MINUTES.PDF
6. Discuss And Consider A Request From Bryn Mawr Presbyterian Church For Approval Of A
Certified Survey Map To Consolidate Six Existing Parcels Into Two Parcels Located At 229
And 237 N. Main Street.
Documents:
CG_BRYNMAWRCSM_2026-05-05.PDF
BRYNMAWR_CSM_2026-04-27.PDF
7. Discuss And Consider Annexation Petition From Lindstrom Acres LLC For The Annexation
Of 108.482 Acres Consisting Of Parcels #0711-033-8570-9, #0711-033-8500-3, #0711-0449500-8, #0711-033-9120-1, And Portions Of #0711-033-9000-6.
Documents:
1251213_SURV-ANNEX-MAP-B.PDF
LINDSTROM ACRES ANNEXATION PETITION SIGNED.PDF
PETITION FOR ANNEXATION.PDF

9500-8, #0711-033-9120-1, And Portions Of #0711-033-9000-6.
Documents:
1251213_SURV-ANNEX-MAP-B.PDF
LINDSTROM ACRES ANNEXATION PETITION SIGNED.PDF
PETITION FOR ANNEXATION.PDF
LINDACRES_BASEMAP_2026-05-07.PDF
ANNEXATION ORDINANCE (LINDSTROM ACRES).PDF
8. PUBLIC HEARING: The Public’s Opportunity To Provide Input Regarding Potential
Amendments To Ch. 274, Subdivision Ordinance.
Documents:
CG_SUBDIVORD_2026-05-07.PDF
9. Discuss And Consider Potential Amendments To Ch. 274, Subdivision Ordinance.
10. Discuss And Consider Directing Staff To Review And Draft Amended Language For Purpose
Statements In Ch. 274 (Subdivision Ordinance) And Ch. 325 (Zoning Ordinance) To Reflect
Recent Changes To State Law, For Review And Possible Approval At A Subsequent
Meeting.
Documents:
MEMO - PURPOSE STATEMENTS.DOCX.PDF
11. Overview Of 2025 WI Act 173 (Truth In Planning Law) And 2025 WI Act 235 (Creation Of
Residential Tax Increment Financing Districts, Or R-TIDs).
Documents:
CG_WI-STATUTE-MEMO_2026-05-06.PDF
WLC_ACT 173_MEMO.PDF
2025 WI ACT 173 TEXT.PDF
2025 WI SB 480 TEXT.PDF
2025-2026 WISCONSIN LEGISLATIVE SESSION RECAP - EHLERS, INC.PDF
12. Update From Chairperson Kelm-Nelson Regarding Dane Count’s Advisory Committee On
Data Centers.
Documents:
DATA CENTER DISCUSSION MEMO_CKN 5-7-26.PDF
13. Future Agenda Items
14. Adjournment
This agenda has been prepared by Staff and approved by the Village President as Chair of the Plan
Commission for use at the meeting as listed above. Any item on the agenda is subject to final
action. Notice: Persons needing special accommodation should call 608-839-4704 at least 24
hours prior to the meeting. It is possible that members of and possibly a quorum of members of
other governmental bodies may attend the above stated meeting to gather information; no action
will be taken by any governmental body at the above-stated meeting other than the governmental
body specifically referred to above in this notice.

VILLAGE OF COTTAGE GROVE
PLAN COMMISSION
Wednesday, April 8, 2026
MINUTES
1.
2.

3.
4.
5.
6.

7.

8.

9.
10.

Call to order
Village President Kelm-Nelson called the Plan Commission meeting to order at 6:30 pm. This was a hybrid
meeting.
Determination of quorum and that the agenda was properly posted.
It was noted that a quorum was present, and that the agenda was properly posted. Roll Call was taken.
Commission members present were Cindi Kelm-Nelson, Heidi Murphy, Don Brinkmeier, Kim Sale, Alex
Jushchyshyn, JP Villavicencio, Jarrid Heim. Staff members present were Director of Planning and Development
Erin Ruth, Village Attorney Rick Manthe and Village Clerk Lisa Kalata.
Pledge of Allegiance
PUBLIC APPEARANCES -none
Discuss and Consider the Minutes from The Plan Commission Meeting of March 11, 2026.
Motion by Jushchyshyn to approve March 11, 2026, meeting minutes, seconded by Brinkmeier. Motion carried
with a voice vote of 7-0-0.
Discuss and consider a request from Tony Magestro for approval of a zero lot line application to split one
existing duplex parcel located at 1125 & 1127 N. Parkview into two parcels.
Motion by Brinkmeier to approve a zero lot line split on existing duplex parcel located at 1125 & 1127 N Parkview
into two parcels with staff conditions and that it is approved by Utility Commission, seconded by Villavicencio.
Motion carried with a voice vote 7-0-0.
Presentation by Sean Higgins, AICP (Senior Community Planner, CARPC & Lecturer, UW-Madison) with
students from the UW-Madison Department of Planning & Landscape Architecture: Door Creek Greenway
project.
Sean Higgins gave a brief overview.
Concept presentation from Lennar for a potential 162-unit single-family home development on parcels
#0711-103-8501-1 and #0711-103-9002-1 (Uphoff property) on Ridge Road. For feedback only, no action
will be taken.
Rick Murphy from Lennar gave a brief overview of the proposed project.
Future Agenda Items- Moving the July 8th meeting to July 15th.
Adjournment
Motion by Jushchyshyn to adjourn at 7:45pm, second by Murphy. Motion carried with a voice vote of 7-0-0.

Lisa Kalata, Clerk
Village of Cottage Grove
Approved:
These minutes represent the general subject matter discussed in this meeting but do not reflect a verbatim documentation of the
subjects and conversations that took place.

PLANNING STAFF REPORT
MEMO DATE: May 5, 2026
MTG. DATE: MAY 13, 2026
TO:

Village of Cottage Grove Plan Commission

CC:

FROM:

Village of Cottage Grove Board of Trustees
Matt Giese – Village Administrator
Lisa Kalata – Village Clerk
Kyela O’Loughlin – Public Works & Utilities Director
Larry Konopacki – Village Attorney
Rick Manthe – Village Attorney
Josh Straka – Village Engineer
Erin Ruth, AICP – Village Planning Director

RE:

Bryn Mawr Presbyterian Church - Certified Survey Map

BACKGROUND
Property Owner:

Bryn Mawr Presbyterian Church

Location:

229 & 237 N. Main Street

Area:

3.02 acres

Agent:

Dave Conklin – Bryn Mawr Presbyterian Church

Existing Zoning:

SR-4, Single-Family Residential
PI, Planned Industrial

Proposed Zoning:

SR-4, Single-Family Residential

OVERVIEW
Bryn Mawr Presbyterian Church currently owns six contiguous parcels on N. Main
Street. Parcel #0711-093-9880-0 contains an existing single-family home (229 N. Main
St.) that the church rents out. The remaining parcels contain the church (237 N. Main)
and grounds which include a parking lot and community garden.
Meeting Date: May 13, 2026

The applicant is seeking to reconfigure the parcels into two lots.
COMPREHENSIVE PLAN CONSISTENCY
The proposed use is consistent with the land use designation in the Comprehensive
Plan.
ZONING CONSISTENCY
Five of the parcels are zoned SR-4, while one parcel (#0711-162-8040-4) is zoned PI,
Planned Industrial.
Therefore, as shown in the CSM, Lot 2 would consist of two different zoning districts.
Per ordinance, two districts on one parcel is not permitted. To resolve this situation the
CSM could be approved conditioned on the applicant rezoning the area in parcel
#0711-162-8040-4.
STAFF RECOMMENDATION
Staff recommends that the requested Certified Survey Map be APPROVED WITH
CONDITIONS, with the following conditions:
1. The CSM as currently configured would consist of two different zoning districts. Per
ordinance, two zoning districts on one parcel is not permitted. Staff recommends
the CSM could be approved conditioned on the applicant rezoning the area in
parcel #0711-162-8040-4.

Village of Cottage Grove

-2-

Meeting Date: May 13, 2026

CERTIFIED SURVEY MAP No.
LOCATED IN PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
AND PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, ALL IN
TOWNSHIP 7 NORTH, RANGE 11 EAST, VILLAGE OF COTTAGE GROVE, DANE COUNTY, WISCONSIN.
FOUND COTTON SPINDLE MONUMENTAI
THE CENT€R OF SECTION 9. VN.Rl1E,

FOUND 2'IRON PIPE MONUMENT OISTUREEOAT THE
SOUTHWEST CORNER OF SECTION 9. NN, R1IE,
VILLA6E OF COTTAGE GROVE. DANE COUNTY, WSCONSIN.
COUNTY COORDINATE SYSTEM (DANE}. ESTABLISHEO
CORNER FROM RECORD DATAAND REMAINING TIES PER
TIE SHEET DONE BY RTCHARD PATMER. O4T8D09/?3,05.
MEASURED COORDSN:4€4.589.46
E: ffi7-ffi 87

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GROVE.

MEASURED

E,. F

COORDS,

N
ceH$EB
.'
u95ZU6

N.,t87,337.70 (4a7,337,78)
E; 870.475.56 (870,475.60)

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VILUGE OF COTTAGE

DAN€ COUNTY. WSCONSIN.
COUNTY COORDINATE SYSI€M (DANE).
FOUNO ALL TIES PER TIE SHEET DONE BY
SRUCE SOWOEN. DATED O7&/I3

+

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(129.01)

(12r.99)

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1.63 AC

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g,

FOUNO ALUMINUM MONUM€NT AT
THE SOUTH OUARTER CORNER
OF SECTION 9. T7N. RI1E,
VILLAGE OF COfrAGE GROVE.
DANE COUNry. WECONSIN,
COUNfr COORDINATE SYSTEM
(DANE), FOUNDALL TIES PER TIE
SHE€T DONE BY EMDLEY
TISOALE, DATEO 0&30/12
MEASURED COORDS.
Nr 48,1.667.96 (484,667.99)
E: 870,473.51 (070,173.39)

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LOT T
P.O.C.
P O.B.
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LOT 2
103,901 SF
2.39 AC

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DETAIL 'E'

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t *( L. 136si

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RESAR FOUND

I'IRON PIPE FOUND
{UNLESS OTHERWS€ NOrED}
SURVEY NAIL FOUND

3/4'r 18'SOLIO IRON RE-ROD SET. WT
1.5o lbs.n.

SURVEY NAIL SET
SECTION MOIIUMENT
INDICATES RECOROEDAS
DISTANCES ARE MEASUREOTO TH:
NEAREST HUNDREDTH OF AFOOT

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60,

ADAM
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NOTES:

Il-Filsuruey was prepared without benefit of
a title report for the subiect tract or
adjoiners and is therefore subject to any

easementt aSreements, restrictions and
statement of facts revealed by examination
of such documents.
2. Date of Fleldwork: March 12, 13, & 20 2026
3. See sheet 2 for additional details for
boundary and existing gtructures4. suruey Plat f14476 completed by Royal Oak
Engineering, statin8 a deed blunder for R/W

dedication. Held radius from this survey
computed by Dane Co. Hwy Proiect 1190.41.

P.O.8. - POINT OF BEGINNING
P-O.C. - POINI OF COMMENCEMENT

s

I lr!{,ti*

3J,

3/4'SOLID IRON REBARFOUND
(UNLESS OTH€RWSE NOTED}

a I Ii{ SOLID IRON

o

: ir

(s1 1"21',551tv)

(ss8"29',35"E 251.45]

LEGEND

A

L=l01.67'
(161.13)
LCB-SI 1 ''t 6'1 3'VU

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MON. TO MON,

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6

CENTERLINE
DIFFERS FROM
SECTION LINE

S
o
9 oo o
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(131.e6)

OETAIL'A'

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Apfl 23, 2026
c.s.M. No.
DOC. NO.

PAGE-

VOL.

SNYDER
&ASSOCTATES

SURWYED FORI

Ffi-Ea-FE!6-ytmanChrtr
229 N Mein Sb&l
CotbgE Cow, Wl53&7

SURVEYED

AY:

Snydd & tusiatB. |rc.
5010 VoqE R6d
Medls, W 537i8
(€0E) 830"04,14

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FfrTSHEET 1 AF 4

CERTIFIED SURVEY MAP No.
LOCATED IN PART OF THE SOUTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
AND PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, ALL IN
TOWNSHIP 7 NORTH, RANGE 11 EAST, VILTAGE OF COTTAGE GROVE, DANE COUNTY, WISCONSIN

f ,i..,,,.,,,1',,,,,,

l "''."

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I
I

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SCALE: 1'.'l'

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SCALE:1'=30'

34'REffi
FOUNO

0.49'

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9 CO,V
ADAM
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DETAIL'O'

OETAIL'E'

*

SCALE:1'.5'

SCALE:1'.5

wt
LEGEND

.3/4'SOLIDIRONREBARWCAPFOUNO
(UNLESS OTHERWSE NOTED}

(0

r'rRoNP|PEFouNo
(UNLESS OTHERWSE ft OTEO)

O
il

3/4'r '18'soLlo lRoN RE.ROD S€T, wT
1.50 lbs /8.

NOTE5:

1. lhis suruey was prepared without b€nefit of
a title report tor the subiect tract or
adioiners and is therefore subiect to any

SU
I llt t lt
April 23,2026

easements, agreements, restrictions and
statement of facts revealed by examination
of such documents.
2. Date of Fieldwork: March 12,13, & 20 2026

INDICATESRECORDEDAS
DISTANCES ARE MEASUREO TO TT€
NEAR€ST HUNDREDTH OF AFOOT

c.s.M. No.
DOC. NO.

s

VOL,

SNYDER
&ASSOCTATES

SURVEYED

FOR:

Efi-FlffiFs$enan cmo
28 N Main S[et
Conago Orcvo, w 53527

SURVEYED BY
Snyd€r & Ass@iat6, lm.
5010

PAGE- 0d-02-26

Vws R€d

Madison, Wl 5371E
{608) 838-04s

[email protected]

EET2OF4

CERTIFIED SURVEY MAP No.
LOCATED IN PART OF THE SOUTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
AND PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, ALL IN
TOWNSHIP 7 NORTH, RANGE 11 EAST, VILLAGE OF COTTAGE GROVE, DANE COUNTY, WISCONSIN.

OWNER'S CERTIFICATE
Bryn Mawr Presbylerian Church, as owner, I hereby ceniry that wo caused ths land describ€d on lhis Cerlifisd Survey Map to b€
surueyed, divided, and mapp€d as representsd on tha map hereon. We further certity lhat this Corlifigd Suwey map is required by 5236.34
to bssubmitt6d lo th€ Village ofCottags Gtove forapprcval. Witnsssthehand ands€alofsaidownerlhis
20

dayof-

Bryn Mawr Presbyterian Church

_

(member)

State of Wisconsin )

)s.

County of Dan€ )

Parsonally€meb€foremelhis-dayof-,20-,thoabovenamed

(rnember)

lo m€ known to be lhe psrsons who executed lh6 foregoing instrumsnl and acl(nowl€dgod the sme.
My Commissim

expires:_

Notary Public, State of Wis@nsin

rll il,

I

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3

ADAM
R

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April 23,2026

s

c.s.M. No.
DOC. NO.

VOL.-PAGE-

SNYDER
&ASSOCTATES

SURVEYED FOR:

EfiTldFltEi6-vt*im ctnrc*r
229 N Mein

SM

Cobe Gevo, wl 5$27

3n#FI*"*"*,,*.
5010

u-02-26

vffi Road

Mdlgd, w 537rE
(60€) 836444

w,[email protected]

SHEET 3 OF 4

CERTIFIED SURVEY MAP No
LOCATED IN PART OF THE SOUTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
AND PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, ALL IN
TOWNSHIP 7 NORTH, RANGE 11 EAST, VILLAGE OF COTTAGE GROVE, DANE COUNTY, WISCONSIN.

SURVEYOR'S CERTIFICATE
l, Adam R. Gross, Professional Land Survoyor, hereby cor{ry that in full compliance with the provlsions of Chapt€r 236.34 of the
Wisconsin Statutes, Chapter A-E7 of the Wl Admin. Code and the subdivision regulalions of Village of Cottage Grove and under the direclion
of Bryn Mawr Presbyterian Chursh, owner ot said land, I have sufreyed, divlded and mappsd this Certilied Surrcy Map; lhat such Corliffed
Survey Map consclly ropres€nts all exterior boundaries and the subdivision oflhe land surveyed; and that this land is more fully described as
lollows:
Part of the Southeast Quatter of lhe Southwest Quaner of Section 9, and part of tle Nonheast Quarter of the Northwest Quarter ot Seciion
'16, all ln Township 7 North, Range 1'l East, in the Village ot Cottago Grove, Dane County, Wisconsin; rnors fully described as follows:

Commencing at the South Quarter corner of said section 9; thence S88"18'50"W along lhe south line of said section g, 494.87'to the
soulheast corner of Lot 9, Tanglewood plat, Dane County registry, also lhe point ol beginning; thence N00'19'23"E along an easterly line of

N88"1641'Ealongasoutherlylineofsaid

saidTanglewoodPlat,29T.2l'tothesoulhwostcomeroflot4ofsaidTanglswoodPlat;thence

Tanglewood Plat, 330.04' to lhe sourheasl corner ol lol 2 of said tanglewood Plal; thance, S00d19'55"W, 1 32.02' to the southwest comer of
Lot 1, of Certifed Suryey Map (C.S.M.) 8284, Dane Counly Registry; thence, along the soulhedy line of said C.S.M. 8284, N88'24'31"E,
131.63', to the southeast corn€r of said C.S.M., also being a point on the westerly right-ofway of Main Street (A.K.A. County Highway'N");
thenc€ S00'19'55"W along said right-of-way, 75.90', to a poinl of curvalure; lhance along the arc of a curve to ths right through a c€ntral
angls ol 2l'53'13", a radius of 423.21', an arc distanc€ of 1 6'1.67' and a chord beadng 31 1'16'1 3"W, 160.68'; thsnce continuing along said
right-of-way, S22'00'28"W, 44.36' to the norlheast corner of Lot 1, C.S.M. 8326, Dane County Registry; thonce N67'5740"W along the

northerlylineolsaidC.S.M.8326,

l32.00'tothenorthwestcornerofsaidC.S.M.S326;thence522"01'22"Walongthewesterlylineofsaid

C.S.M. 8326, 109.12 to a northeasterly comer of Lot 1, C-S.M. 13852, Oane County Registry; thence S88"22'45"W along a norlherly line of
said C.S.M. 13852, 251.49'; thence N00"16'33"E along an easterly line ot said C.S.M. 13852, 1il.58. to the point ol beginning. This
description contains approximately 174,857 square feet or 4.02 acres.

Dared rhis

23rd oay

2026.

Sion6d:
Snydsr & Associates, lnc.
5010 Voges Road
Madison, W 53718
60&838-0444
[email protected]

VILLAGE OF COTTAGE GROVE APPROVAL CERTIFICATE:
Approved for recording per Village of Cotlags Grove action on

_

day of

2026.

REGISTER OF DEEDS CERTIFICATE

Rec€ivedforfocordingthis-dayof-,2020'at-o.clock_,m,and
of Certified Survey Maps on pages
recorded in volume

as Doc. No.

Krisu Chlebowski, Dane Counq Rogisler ot De€ds

c.s.M. No.

-

s

DOC. NO.

VOL,

SNYDER
&ASSOCTATES

SURVEYED FOR:

FmtrlffiE-efiqio Chruo
229 N Main

Sm

cobgc OGv€, w 53527

PAGE

SURVEYED BY:

Snyddt [email protected].

DATEi (X42-26
REVISIONS:

5010 Vog6 Ro.d

REVI

Madls6, wt5371E
(60e) m8-04,{1

ww.snyder-a$dial6.m

RM
REV3

SHEET 3 OF 4

VILLAGE OF COTTAGE GROVE

EXISTING VILLAGE OF
COTTAGE GROVE LIMITS

TOWN OF COTTAGE GROVE

VILLAGE OF COTTAGE GROVE

FEET

SE 1/4 - SE1/4
OF SECTION 4

R=60.00'
I=57°42'13"
L=60.43'
LCB=S27°41'17"W
LC=57.91'
S00°05'49"E 135.04'

EAST LINE OF THE SE 1/4
OF SECT. 3, T7N, R11E

S82°38'15"W
217.51'
287.16'
S84°37'48"W

S72°58'06"W
120.04'
S89°59'03"W 654.13'
EAST LINE OF THE
SW1/4 OF THE SW 1/4
OF SECT. 3, T7N, R11E

N89°44'12"E 528.84'
S88°58'37"E
197.26'

SW 1/4 - SW1/4
OF SECTION 4

N77°31'33"E
179.30'

WEST LINE OF THE
SE1/4 OF THE SE 1/4 OF
SECT. 4, T7N, R11E

SOUTHEAST CORNER OF
SECTION 4, T7N, R11E

SOUTH LINE OF THE SE 1/4
OF SECT. 4, T7N, R11E

S88°54'25"W 933.44'

S88°13'11"W 1338.84'
1338.71' (1338.68')

4'
MON. - MON. = S88°13'18"W 2677.3

1338.62' (1338.68')

S00°00'57"E 636.64'

TOWN OF COTTAGE GROVE

NORTH LINE OF THE
SE1/4 OF THE SE 1/4 OF
SECT. 4, T7N, R11E

MON. - MON. = N00°05'49"W 2686.99'

N88°04'36"E 1341.22'

S00°05'49"E 16.50'

1329.61'
MON. - MON. = N88°54'25"E 2659.22'

SE 1/4 - SW1/4
OF SECTION 4

Sheet 1 OF 1
Project No:125.1213.30

T-R-S:TTN-RRW-SS
Date: 04-06-2026

MADISON, WISCONSIN 53718

|

515-964-2020 | www.snyder-associates.com

SNYDER & ASSOCIATES, INC.

SOUTH LINE OF THE
NW1/4 OF THE SW 1/4
OF SECT. 3, T7N, R11E

5010 VOGES ROAD

TOTAL AREA OF LANDS TO BE ANNEXED
4,725,464 SQUARE FEET OR 108.482 ACRES

EXISTING VILLAGE OF
COTTAGE GROVE LIMITS

SURVEYED BY:
Snyder & Associates, Inc.
5010 Voges Road
Madison, WI 53718
(608) 838-0444
www.snyder-associates.com

BY

MARK

S00°00'57"E 1733.36'

NW 1/4 - SW1/4
OF SECTION 3

DANE COUNTY, WI

NE 1/4 - SW1/4
OF SECTION 3

EXHIBIT MAP B

EAST LINE OF THE
NW1/4 OF THE SW 1/4
OF SECT. 3, T7N, R11E

ANNEXATION TO VILLAGE OF COTTAGE GROVE

TOWN OF COTTAGE GROVE

N00°05'49"W 1277.49'

VILLAGE OF COTTAGE GROVE

WEST LINE OF THE
SW 1/4 OF SECT. 3,
T7N, R11E

300

SOUTH QUARTER
CORNER OF SECTION
4, T7N, R11E

DATE

(NORTHEAST CORNER
OF OUTLOT 2)

SURVEYED FOR:
Neumann Companies, Inc.
N27W24075 Paul Ct.
Suite 200
Pewaukee, WI 53072

N00°11'39"W 1340.08'

0

POINT OF
BEGINNING

1343.50'

BEARINGS ARE BASE ON THE
WISCONSIN COUNTY COORDINATE
SYSTEM, DANE COUNTY,
WISCONSIN NAD83(2011), THE
SOUTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 4, T7N, R11E,
MEASURED AS S88°13'18"W

MON. - MON. = N00°18'34"W 2672.22'

V:\Projects\2025\125.1213.30\CADD\1251213_SURV-ANNEX-B.dwg ADAM GROSS, 22X34 EXHIBIT L, 2026/04/06, 4:16 PM, ANSI FULL BLEED B (17.00 X 11.00 INCHES)

CENTER OF SECTION
4, T7N, R11E

1333.36'

66.01'

1333.36'

Technician:ARG

VILLAGE OF COTTAGE GROVE

Quarter of said Section 3, also being the easterly plat line of QUARRY RIDGE ESTATES FIRST ADDITION plat, Dane
County Registry; 66.01'to the point of beginning; thence N89°03'03”E, parallel to the North line of the Southwest
Quarter of said Section 3, 1333.27' to the East line of the Northwest Quarter of the Southwest Quarter of said Section
3; thence along said East line, S00°00'57”E, 1733.36'; thence S89°59'03”W, 654.13' to the northeasterly corner of Lot
1, Certified Survey Map (CSM) 5364, Dane Count Registry; thence along the north line of said Lot 1, S72°58'06”W,
120.04'; thence continuing along said north line, S84°37'48”W, 287.16'; thence continuing along said north line,
S82°38'15”W, 217.51' to the easterly right of way line of Meyer Road and a point of curvature; thence along said
easterly right of way line and the arc of a curve to the right through a central angle of 57°42'13”, a radius of 60.00', an
arc length of 60.43' and a chord bearing S27°41'17”W, 57.91'; thence continuing along said easterly right of way line
S00°05'49”E, 135.04' to the southwesterly corner of said Lot 1; thence S88°58'37”E along the southerly line of said Lot
1, 197.26'; thence continuing along said southerly line, N77°31'33”E, 179.30'; thence N89°44'12”E, 528.84'; thence
S00°00'57”E, 636.64'; thence S88°54'25”W, 933.44' to the westerly line of the Southwest Quarter of the Southwest
Quarter of said Section 4; thence along said westerly line S00°05'49”E, 16.50' to the Southeast corner of Section 4;
thence S88°13'11”W along the southerly line of the Southeast Quarter of said Section 4, 1338.84' to the southeasterly
corner of Outlot 4, WILLOW RUN ESTATES plat, Dane County Registry; point also being on the west line of the
Southeast Quarter of the Southeast Quarter of said Section 4; thence N00°11'39”W along said west line, 1340.08'to
the northwesterly corner of the Southeast Quarter of the Southeast Quarter of said 4, thence N88°04'36”E along the
north line of the Southeast Quarter of the Southeast Quarter of said 4, also being the southerly line of said QUARRY
RIDGE ESTATES FIRST ADDITION plat; 1341.22' to the southeasterly corner of Lot 50, said QUARRY RIDGE
ESTATES FIRST ADDITION plat; thence N00°05'49”W along the easterly plat line of said QUARRY RIDGE ESTATES
FIRST ADDITION plat; 1277.49' to the point of beginning. This description contains approximately 4,725,464 square
feet or 108.482 acres.

N89°03'03"E 1333.27'

S00°05'49"E 66.01'

REVISION

N02°30'56"W
10
(N02°28'56"W)
Commencing at the West Quarter corner of said Section 3, thence S00°05'49”E along the west line of the southwest
4.81' (5.00')S87°55'14"W 66.00'

MON. - MON. = N89°03'03"E 2666.72'

Scale: 1" = 300'

VILLAGE OF COTTAGE GROVE
TOWN OF COTTAGE GROVE

Checked By: CHKD

Part of the Northwest Quarter and the Southwest Quarter of the Southwest Quarter of Section 3, and all of the
Southeast Quarter of the Southeast Quarter of Section 4, all in Township 7 North, Range 11 East, Town of Cottage
Grove, Dane County, Wisconsin, more fully described as follows:

CENTER OF SECTION
3, T7N, R11E

NORTH LINE OF THE SW 1/4
OF SECT. 3, T7N, R11E

WEST QUARTER
CORNER OF SECTION
3, T7N, R11E

Engineer: ENGR

N00°06'37"
(S00°30'16

ANNEXATION DESCRIPTION

SOUTH QUARTER
CORNER OF SECTION
3, T7N, R11E

396.20'

1329.61'

16.50'

SOUTH LINE OF
THE SW 1/4 OF
SECT. 3, T7N, R11E
Project No:

125.1213.30

Sheet 1 OF 1

Authentisign ID: C44521E9-2F38-F111-8EF2-000D3A55CAFE

PETITION FOR ANNEXATION
The undersigned, constituting 100 percent of the owners of the following described territory
located in the Town of Cottage Grove, Dane County, lying contiguous to Village of Cottage Grove,
petition the Honorable President and Village Board of said Village to annex the territory described
below and shown upon the attached map, as permitted by Chapter 66 of the Wisconsin Statutes, to
the Village of Cottage Grove, Dane County, Wisconsin.
LEGAL DESCRIPTION
Part of the Northwest Quarter and the Southwest Quarter of the Southwest Quarter of Section 3,
and all of the Southeast Quarter of the Southeast Quarter of Section 4, all in Township 7 North,
Range 11 East, Town of Cottage Grove, Dane County, Wisconsin, more fully described as follows:
Commencing at the West Quarter corner of said Section 3, thence S00°05’49”E along the west line
of the southwest Quarter of said Section 3, also being the easterly plat line of QUARRY RIDGE
ESTATES FIRST ADDITION plat, Dane County Registry; 66.01’to the point of beginning; thence
N89°03’03”E, parallel to the North line of the Southwest Quarter of said Section 3, 1333.27’ to
the East line of the Northwest Quarter of the Southwest Quarter of said Section 3; thence along
said East line, S00°00’57”E, 1733.36’; thence S89°59’03”W, 654.13’ to the northeasterly corner
of Lot 1, Certified Survey Map (CSM) 5364, Dane Count Registry; thence along the north line of
said Lot 1, S72°58’06”W, 120.04’; thence continuing along said north line, S84°37’48”W, 287.16’;
thence continuing along said north line, S82°38’15”W, 217.51’ to the easterly right of way line of
Meyer Road and a point of curvature; thence along said easterly right of way line and the arc of a
curve to the right through a central angle of 57°42’13”, a radius of 60.00’, an arc length of 60.43’
and a chord bearing S27°41’17”W, 57.91’; thence continuing along said easterly right of way line
S00°05’49”E, 135.04’ to the southwesterly corner of said Lot 1; thence S88°58’37”E along the
southerly line of said Lot 1, 197.26’; thence continuing along said southerly line, N77°31’33”E,
179.30’; thence N89°44’12”E, 528.84’; thence S00°00’57”E, 636.64’; thence S88°54’25”W,
933.44’ to the westerly line of the Southwest Quarter of the Southwest Quarter of said Section 4;
thence along said westerly line S00°05’49”E, 16.50’ to the Southeast corner of Section 4; thence
S88°13’11”W along the southerly line of the Southeast Quarter of said Section 4, 1338.84’ to the
southeasterly corner of Outlot 4, WILLOW RUN ESTATES plat, Dane County Registry; point
also being on the west line of the Southeast Quarter of the Southeast Quarter of said Section 4;
thence N00°11’39”W along said west line, 1340.08’to the northwesterly corner of the Southeast
Quarter of the Southeast Quarter of said 4, thence N88°04’36”E along the north line of the
Southeast Quarter of the Southeast Quarter of said 4, also being the southerly line of said QUARRY
RIDGE ESTATES FIRST ADDITION plat; 1341.22’ to the southeasterly corner of Lot 50, said
QUARRY RIDGE ESTATES FIRST ADDITION plat; thence N00°05’49”W along the easterly
plat line of said QUARRY RIDGE ESTATES FIRST ADDITION plat; 1277.49’ to the point of
beginning.
This description contains approximately 4,725,464 square feet or 108.482 acres.

Authentisign ID: C44521E9-2F38-F111-8EF2-000D3A55CAFE

There is one person residing in the territory.

April
14th day of ________________,
Dated this ____
2026

By: LINDSTROM ACRES LLC

Print Name:

Print Name:

ArcGIS Web Map

5/7/2026, 1:25:20 PM

Parcels
ColorOrtho3Inch2024Web

1:10,871
0

0.05

0

0.1

0.1

0.2 mi
0.2

0.4 km

Red: Red
Green: Green
Blue: Blue

Dane County Land Information Office (LIO), Fly Dane Partnership, Ayres
Associates, Wisconsin Regional Orthoimagery Consortium (WROC)

ORDINANCE NO. ________-2026
AN ORDINANCE PROVIDING FOR THE DIRECT ANNEXATION OF
PROPERTY FROM THE TOWN OF COTTAGE GROVE TO THE VILLAGE OF
COTTAGE GROVE, DANE COUNTY, WISCONSIN
RECITALS
A.

On May 6, 2026, a unanimous petition to annex (the “Annexation Petition”) the
property described in and depicted on Exhibit A (the “Property”) to the Village of
Cottage Grove was filed with the Village. The Annexation Petition was signed by
all property owners and electors of the real property described in the Annexation
Petition and is incorporated as Exhibit B.

B.

The current population of the Property is two (2).

C.

A copy of the Annexation Petition, together with a scale map and legal description
of the Property, was filed with the Town Clerk of the Town of Cottage Grove.

D.

The Village has determined that annexing the Property is in the public interest and
that the annexation complies with Wisconsin law.

NOW, THEREFORE, the Village Board of the Village of Cottage Grove, Dane
County, Wisconsin, do ordain as follows:
ORDINANCE
1.

Property Annexed. In accordance with Wis. Stat. § 66.0217(2), the Village Board
of the Village of Cottage Grove annexes the Property.

2.

Effect of Annexation. From and after the effective date of this Ordinance, the
Property shall be a part of the Village of Cottage Grove for any and all purposes
provided by law, and all persons coming or residing within such Property shall be
subject to all ordinances, rules, and regulations governing the Village of Cottage
Grove.

3.

Ward Designation. From and after the effective date of this Ordinance, the Property
shall be incorporated into Ward 4 of the Village.
1

4.

Clerk Duties. From and after the effective date of this Ordinance, the Village Clerk
is hereby directed to provide notice and copies of this Ordinance pursuant to the
applicable Wisconsin Statutes and take any actions necessary to complete the
annexation of the Property.

5.

Zoning. From and after the effective date of this Ordinance, the Property shall be
zoned in the Rural Holding (RH) District.

6.

Payment to Town of Cottage Grove. Pursuant to Wis. Stat. § 66.0217(14)(a)1., the
Village agrees to pay annually to the Town of Cottage Grove, for five (5) years, an
amount equal to the amount of property taxes the Town levied on the Property as
shown by the Town’s 2025 tax rolls.

7.

Severability. If any provision of this Ordinance is held by a court of competent
jurisdiction to be illegal or otherwise unenforceable, such illegality or
unenforceability shall not affect the validity of any other part, term, or provision of
this Ordinance.

8.

Effective Date. This Ordinance shall take effect after both of the following occur:
(1) publication in accordance with Wisconsin law; and (2) the closing of the
transaction whereby Kosh Valley, LLC acquires ownership of the Property from the
current Property owners. If Kosh Valley, LLC does not acquire the Property by July
30, 2026, this ordinance will be void and not go into effect.

The above Ordinance was duly adopted by a two-third (2/3) majority vote of the
elected members of the Village Board of the Village of Cottage Grove at a regular meeting
held on ________________, 2026.

2

APPROVED:
By:______________________________
Cynthia Kelm-Nelson, Village President
ATTEST:
By:______________________________
Lisa Kalata, Village Clerk

STATE OF WISCONSIN
COUNTY OF DANE
Personally came before me this ___ day of _________________, 2026, the above named
Cynthia Kelm-Nelson and Lisa Kalata, to me known to be the persons who executed the
foregoing instrument and acknowledged the same with authority from the Village of
Cottage Grove.
________________________________
________________________________ (Print name)
Notary Public, State of Wisconsin
My commission: ______________________

This instrument drafted by:
Rick Manthe
Stafford Rosenbaum LLP
P.O. Box 1784
Madison, WI 53701-1784
Attachments:

3

Exhibit A – Legal Description and Depiction of Property to be Annexed
Exhibit B – Annexation Petition

EXHIBIT A
Legal Description and Depiction of Property to be Annexed

4

5

EXHIBIT B
Annexation Petition

6

7

PLANNING STAFF REPORT
MEMO DATE: May 7, 2026
MTG. DATE: MAY 13, 2026
TO:

Village of Cottage Grove Plan Commission

CC:

FROM:

Village of Cottage Grove Board of Trustees
Matt Giese – Village Administrator
Lisa Kalata – Village Clerk
Kyela O’Loughlin – Director of Public Works
Larry Konopacki – Village Attorney
Rick Manthe – Village Attorney
Josh Straka – Village Engineer
Erin Ruth, AICP – Village Planning Director

RE:

Subdivision Ordinance Amendment

BACKGROUND
The following amendments were previously discussed in late 2025. Staff recommends
moving forward at this time to approve the proposed changes.
An amendment to allow residential alleys was also previously discussed. Staff
recommends waiting on approving this section to allow for more research on
dimensions, fire access, and other design considerations.
OVERVIEW
Proposed amendments include the following:
Street Widths; 274-42(A)
Wider pavement widths add up front cost to street construction, and continue to be
more expensive to maintain (snow removal, patching, and eventual reconstruction) in
perpetuity. Studies have shown that wider driving lanes tend to encourage higher
Meeting Date: May 13, 2026

speeds, and narrower lanes encourage lower speeds. Speed is the major determinant
in the severity of pedestrian injuries. Ninety percent of pedestrians struck at 20 mph
survive the accident, compared to just ten percent struck at 40 mph.
The table in 274-42(A) regulates minimum street widths on arterial, collector, and minor
streets, as well as alleys and pedestrianways. The current regulation does not address
the components that make up the street width, just the overall width.
Staff proposes replacing the table, instead regulating the width of the various
components, as follows:
Arterial street:
 Driving lane: 11 feet
 Parking lane: 8 to 9 feet
 Bike lane: 5 feet
Collector street:
 Driving lane: 10 feet
 Parking lane: 7 to 8 feet
 Bike lane: 5 feet
Note: exceptions may be granted if deemed justifiable by the Village Engineer and are
approved by the Village Board.
Sidewalk Width and Construction; 274-54(A)
Currently, per 274-54 sidewalks are required on both sides of all collector streets, and
may be required on minor streets. Recent subdivisions have all provided sidewalks on
both sides of all streets, but it would make sense to codify the requirement. The
ordinance also requires a minimum width of four feet. Most other Dane County
communities have a five-foot minimum width. Changing from a 4 inch depth to 5 inches
would match the Village’s standard sidewalk detail.
Current text:

Village of Cottage Grove

-2-

Meeting date: May 13, 2026

The subdivider or land divider shall construct a concrete sidewalk on both sides of all
collector streets within the subdivisions and land divisions. The Village Board may
require the construction of sidewalks on minor streets that serve subdivisions and land
divisions with a gross density of four dwelling units per acre or more.
A. Sidewalk design standard. Standard sidewalks in the Village shall have a width of
four feet and a concrete thickness of four inches. Wherever possible, a minimum
provision for sidewalk concrete thickness of six inches for driveway crossover
shall be made. Sidewalk construction methods shall conform to the State of
Wisconsin Department of Transportation Standard Specifications for Road and
Bridge Construction Section 602.3 (1981 edition).
Proposed text (new text in blue, deleted text red and struckthrough):
The subdivider or land divider shall construct a concrete sidewalk on both sides of all
collector streets within the subdivisions and land divisions. Deviations from this policy
due to topography, space limitations, or anticipated lack of use may only occur with the
approval of the Village Board. The Village Board may require the construction of
sidewalks on minor streets that serve subdivisions and land divisions with a gross
density of four dwelling units per acre or more.
A. Sidewalk design standard. Standard sidewalks in the Village shall have a width of
four five feet and a concrete thickness of four five inches. Wherever possible, a
minimum provision for sidewalk concrete thickness of six inches for driveway
crossover shall be made. Sidewalk construction methods shall conform to the
State of Wisconsin Department of Transportation Standard Specifications for
Road and Bridge Construction Section 602.3 (1981 edition) Village of Cottage
Grove’s standard specifications and details.

Multi-Use Paths; 274-54(C)
Currently, per 274-54(C) permits alternate pedestrianways under certain
circumstances. As multi-use paths have become more common in the Village, this
language should be updated to better conform to current practice.
Village of Cottage Grove

-3-

Meeting date: May 13, 2026

Current text:
C. Alternate pedestrianways may be approved in lieu of sidewalks where the proposed
alternative pedestrianways are constructed of an all-weather material, are dedicated to
the Village or are owned and maintained by a properly registered homeowners’
association and have frontage on each parcel otherwise required to be provided with a
sidewalk.
Proposed text (new text in blue, deleted text red and struckthrough):
C. Where required by the Village Board, Alternate pedestrianways multi-use paths may
be approved shall be provided in lieu of sidewalks. where t The proposed alternative
pedestrianways multi-use path are shall be constructed of an all-weather material per
this ordinance and the Village of Cottage Grove’s specifications and details, are shall be
dedicated to the Village, or are owned and maintained by a properly registered
homeowners’ association and shall have frontage on each parcel otherwise required to
be provided with a sidewalk. Such paths shall be 10 feet wide unless otherwise
approved by the Village.

Curb Radii; 274-43(E)
Currently the subdivision ordinance does not regulate curb radii at street intersections.
Smaller curb radii reduces the crossing distance for pedestrians, increasing safety.
Smaller radii also leads to less pavement at the intersection and less long-term
maintenance.
Add 274-43(E):
E. Curb radii at the intersection of two minor streets shall not exceed 20 feet, with 15
feet preferred unless circumstances warrant the larger size. Curb radii at intersections
including a collector or arterial street shall not exceed 25 feet unless a larger size is
deemed necessary by the Village Engineer.

Village of Cottage Grove

-4-

Meeting date: May 13, 2026

Building Setback Lines; 274-46
Building setback lines are already regulated within the zoning ordinance. Therefore, this
section is unnecessary.
Current text:
A. All residential lots shall have a setback from the front lot line of not less than 25
feet.
B. Corner residential lots shall have a setback from the side street line of not less
than 25 feet.
Proposed text (new text in blue, deleted text red and struckthrough):
A. All residential lots shall have a setbacks from the front lot line of not less than 25
feet as defined by the zoning ordinance.
B. Corner residential lots shall have a setback from the side street line of not less
than 25 feet.

RECOMMENDATION
Staff recommends APPROVAL of the proposed amendments to Chapter 274.

Village of Cottage Grove

-5-

Meeting date: May 13, 2026

Meeting Date:

5/4/2026

Memo Date:

4/27/2026

To:

Village Board

From:

Trustee Stoa

Subject:

Purpose statements for zoning and subdivision ordinances

Background/Overview
Recently, the State Legislature passed, on a bipartisan basis, changes to zoning purpose
statements. The changes, found in 2025 Wisconsin Act 68, were as follows:
The purpose of this chapter is to regulate the subdivision of land to promote public
health, safety, and general welfare; to further the orderly layout and use of land; to
prevent the overcrowding of land; to lessen congestion in the streets and highways; to
ensure that land is developed in a manner that supports healthy, livable communities; to
foster the development of a range of housing types; to advance complete streets that
prioritize safety, comfort, and accessibility for pedestrians, cyclists, transit riders, and
motorists alike; to provide for adequate light and air; to facilitate adequate provision for
water, sewerage, and other public requirements; to encourage development patterns
that provide safe and convenient transportation choices for a variety of users; to provide
for proper ingress and egress; and to promote proper monumenting of land subdivided
and conveyancing by accurate legal description.
The bill passed with no dissenting votes in either the Assembly or Senate.
As the language of “overcrowding of land” and “lessen congestion in the streets” is mirrored in
Cottage Grove Code, it seems prudent to mirror the changes in our zoning and subdivision
ordinances.

Trustee Request/Recommendation
Update the zoning and subdivision code to reflect state law.

Example 1: § 325-3 Intent. It is the general intent of this chapter to regulate and restrict the use
of all structures, lands and waters; regulate and restrict lot coverage, population distribution and
density, and the size and location of all structures, so as to lessen congestion in and promote
the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and
other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid

The Village of Cottage Grove, WI

undue population concentration; ensure that land is developed in a manner that supports
healthy, livable communities; to foster the development of a range of housing types; to advance
complete streets that prioritize safety, comfort, and accessibility for pedestrians, cyclists, transit
riders, and motorists alike; to encourage development patterns that provide safe and convenient
transportation choices for a variety of users; facilitate the adequate provision of public facilities
and utilities; stabilize and protect property values; further the appropriate use of land and
conservation of natural resources; preserve and promote the beauty of the community; and
implement the Comprehensive Master Plan or Comprehensive Master Plan components. It is
further intended to provide penalties for its violation.

Example 2: § 274-2 Purpose. This chapter is intended to regulate and control the division and
subdivision of land so as to encourage the most appropriate use of land, to provide the best
possible living environment for people and to conserve the value of buildings placed upon the
land by: furthering the orderly layout and use of land; ensure that land is developed in a manner
that supports healthy, livable communities; to foster the development of a range of housing
types; to advance complete streets that prioritize safety, comfort, and accessibility for
pedestrians, cyclists, transit riders, and motorists alike; to encourage development patterns that
provide safe and convenient transportation choices for a variety of users; insuring proper legal
description and proper monumenting of land; preventing overcrowding of land and avoiding
undue concentration of population; lessening congestion in the streets and highways; securing
safety from fire, flooding, water pollution and other hazards; providing adequate light and air;
facilitating adequate provisions for transportation, water, sewerage, schools, parks,
playgrounds, open space, stormwater drainage, the conservation of land, natural resources,
scenic and historic sites, energy and other public requirements; facilitating further resubdivision
of larger parcels into smaller parcels of land; insuring enforcement of the development
concepts, policies and standards delineated in the Comprehensive Master Plan and related
components, the Official Map, the Parks and Open Space Plan, the Transportation Plan, the
Zoning Code and Erosion Control and StormWater Runoff Code, and the Building Code of the
Village of Cottage Grove.

The Village of Cottage Grove, WI

PLANNING STAFF REPORT
MEMO DATE: May 4, 2026
MTG. DATE: MAY 13, 2026
TO:

Village of Cottage Grove Plan Commission

CC:

Village of Cottage Grove Board of Trustees
Matt Giese – Village Administrator
Lisa Kalata – Village Clerk
Kyela O’Loughlin – Public Works & Utilities Director
Larry Konopacki – Village Attorney
Josh Straka – Village Engineer
Erin Ruth, AICP – Village Planning Director
Rick Manthe – Village Attorney

FROM:
RE:

Planning & Housing Related Statutory Changes

BACKGROUND
In early 2026 Governor Evers signed two bills into laws that relate to planning law and
housing.
The first, 2025 WI Act 173, requires a municipality to approve certain residential
rezoning applications if they comply with the municipality’s Comprehensive Plan. The
bill’s language and a memo by the Wisconsin Legislative Council are attached.
The second, 2025 SB 480, creates a new type of tax increment district specifically for
the creation of workforce housing. The bill’s language and a memo by Ehlers are
attached.
2025 WI Act 173 (Truth in Planning Law)
The act requires the land use element of a municipality’s comprehensive plan to
specifically describe phasing and density of future residential development. The Village
must project for twenty years and in five year increments, the areas in which residential
use is projected and the minimum and maximum housing densities for those areas. If a
Meeting Date: May 13, 2026

developer or property owner requests a zoning change that is consistent with the
comprehensive plan and housing densities specified, in most cases the municipality
must approve the request within 90 days.
If a zoning request is submitted and the municipality’s comprehensive plan does not
include the necessary phasing and density elements, the municipality must amend the
plan to include those elements within 180 days.
There are some exceptions to the requirement to approve the rezone request under this
act. To deny the rezone request, the Village must establish that denial is necessary to
prevent a shortage in, or the overburdening of, public facilities located in the Village or
to address a significant threat to the public health or safety. It is important to
emphasize the burden would be on the Village to establish this.
The Village will begin work soon on an update to its comprehensive plan. Therefore,
compliance with this ordinance will be considered and included within the update.
TID Law Changes
Previously a TID could be extended by one year at the end of its life, and the increment
may be used to promote affordable housing in the municipality. The act extends the
duration of the TID extension to two years.
2025 WI Act 235
This act creates a new type of tax increment district (Residential Tax Increment District,
or R-TID) intended to promote workforce housing. The statute takes effect on October
1, 2026.
Lot and Unit Size Regulations
Housing in R-TIDs must meet specific requirements: housing is limited to owneroccupied single-family or duplex units; lot sizes may not exceed 7,500 sq. ft. for a
single-family unit or 12,500 sq. ft. for a duplex; maximum lot width of 70 feet for a
single-family unit or 80 feet for a duplex; and maximum 10-foot wide setbacks. Single
story units may not exceed 1,500 sq. ft., and two story structures may not exceed 2,000
sq. ft.
To put these dimensional requirements in context, a parcel of those dimensions would
fit within the Village’s established SR-6, Single-Family Residential zoning district which
has a minimum lot size of 7,500 sq. ft. and minimum width of 70 feet with minimum 8foot setbacks. Therefore, a lot would need to be configured to the minimum area and
Village of Cottage Grove

-2-

Meeting Date: May 13, 2026

width dimensions to qualify. If the Village is interested in implementing an R-TID, a new
zoning category that allows more flexibility within the requirements should be
considered.
The unit size limitations would likely need to be deed restricted to each parcel to
ensure buyers and builders are aware of the limitation. It’s not clear from the statutory
language whether an owner can expand a home beyond those limits over time.
District Regulations
Current types of TIF districts are subject to the ‘12% rule.’ A new TID cannot be created,
or an existing TID expanded, if the equalized value in all TIDs exceeds 12% of the total
equalized value in the Village. An R-TID will not be included with other districts in the
12% calculation. However, the total equalized value of all R-TIDs cannot exceed 3% of
the Village’s total equalized value.
The statute also prohibits municipal borrowing for an R-TID project. Essentially this
means that all projects must be developer funded, or ‘pay-go.’
While the Village’s established districts are over the 12% limit, per the statute the
Village could establish an R-TID. Almost all TID incentives the Village has given have
been pay-go, so the prohibition on borrowing conforms with established Village
practice.

Village of Cottage Grove

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Meeting Date: May 13, 2026

Wisconsin Legislative Council
ACT MEMO
Prepared by: Abby Gorzlancyk, Staff Attorney

2025 Wisconsin Act 173
[2025 Assembly Bill 453]

April 1 3, 2026

Changes to Comprehensive
Plans, Requests to Change
Zoning Classifications, and Tax
Incremental Districts

Generally, 2025 Wisconsin Act 173 makes changes to comprehensive plans, requests to change zoning
classifications, and certain aspects of tax incremental districts (TIDs).

Comprehensive Plans
Under current law, unless an exception applies, ordinances enacted or amended by a political
subdivision that affect land use must be consistent with the political subdivision’s comprehensive plan,
and the comprehensive plan must have all the required planning elements.
Act 173 requires the land use element of the comprehensive plan of a city or village to identify, in fiveyear increments spanning 20 years, the areas in which residential land use is projected and to specify
the minimum and maximum net density of residences that will be authorized. If a city or village enacts
or amends certain zoning and local subdivision ordinances, those ordinances must be consistent with
its comprehensive plan including incorporating residential net density standards into the ordinances.
An ordinance is consistent with the comprehensive plan for a city or village if the ordinance permits a
land use that is expressly identified for the land in the land use map of the comprehensive plan. The act
specifies that these changes do not apply to a town or county.
Under the act, if a person submits to a city or village an application for a residential housing
development permit or a request to change an existing zoning classification, and the comprehensive
plan does not include net density requirements for areas in which residential land use is projected, the
city or village must amend its comprehensive plan to include net density within 180 days. The
application must certify that the land subject to the application is not located in a farmland preservation
zoning district, an agricultural enterprise area, and is not subject to a farmland preservation agreement.
For an amendment to add net density requirements in response to a request to change a zoning
classification, a city or village does not need to follow otherwise required comprehensive planning
procedures.

Request to Change a Zoning Classification
Act 173 requires a city or village to approve a request to change a zoning classification of land that is
required in order to proceed with a residential housing development within 90 days, if the following are
satisfied:



The proposed change is for an area identified on the political subdivision’s comprehensive plan as
projected for residential land use.



The proposed change is for an area that is adjacent or close in proximity to existing development.

One East Main Stre e t, Suite 401 • Madison, WI 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc

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

Either the proposed net density range of the residences in the housing development falls within the
net density range specified in the comprehensive plan, or the political subdivision has not added net
density to the comprehensive plan by the 180-day deadline described in the section above.1



Current housing supply in the political subdivision does not meet existing or forecasted housing
demand within the next five years, as provided in the comprehensive plan.



Certification that the proposed change is for an area that is not located with a farmland preservation
zoning district or agricultural enterprise area and is not subject to a farmland preservation
agreement.

The act creates an extension to the 90-day deadline if requested by the requestor of the zoning
classification change. It also specifies that this request cannot be made to a town or county, nor does it
apply to the extraterritorial zoning jurisdiction of a city or village.
The requestor may specify its preferences regarding the zoning classification, building setback
requirements, lot width or frontage requirements, lot size requirements, and building size or bulk
requirements. If the specified zoning classification allows the net density of residences proposed in the
residential housing development, the land must be reclassified into that classification.
The act allows the denial of a request to change a zoning classification if the city or village demonstrates
that the denial is necessary to prevent a shortage in or overburdening of public facilities, or to address a
significant threat to the public health or safety. A city or village may also deny a request to change a
zoning classification or a permit for a residential housing development for one year if it issues a request
for proposals for a qualifying residential development with a specific net density range that aligns with
the comprehensive plan,2 and no person responds to the request, with certain specified exceptions. The
act also specifies that these provisions do apply to a town or county.
Lastly, if a person is aggrieved by a political subdivision’s failure to approve a request to change a
zoning classification, either by the 90-day deadline or the extended time frame when requested, the
requestor may seek relief through an action for mandamus and may recover court costs including
reasonable attorney fees.

TIDs
The act defines newly platted residential development, for purposes of mixed-use TIDs, to mean
residential development on a parcel that has not previously been the site of permanent structures other
than agricultural structures. It also increases the housing extension currently available for certain TIDs
at the end of their lifespan, from one to two years.
Effective date: January 1, 2028.
For a full history of the bill, visit the Legislature’s bill history page.
AG:jal

1 If the 1 80-day update deadline is triggered by the request, then the 90-day timeline for the city or village to approve a

request to change a zoning classification may begin only after the 180-day deadline.
2 A qualifying residential development is defined as a residential development that is reasonably expected to receive

sewerage and sanitary water services from a public utility and that is not reasonably believed to be environmentally
contaminated.

2025 Assembly Bill 453

Date of enactment: April 2, 2026
Date of publication*: April 3, 2026

2025 WISCONSIN ACT 173
AN ACT to repeal 66.1001 (3m); to renumber 66.1001 (1) (am); to renumber and amend 66.1001 (2) (h),
66.1001 (3), 66.10016 (3) and 66.10016 (4); to amend 59.69 (3) (a), 62.23 (3) (b), 66.1001 (2m) (title), 66.1001
(2m) (a), 66.1002 (2) (intro.) and 66.1105 (6) (g) 1. (intro.); to repeal and recreate 66.1001 (3) (title); to create
66.1001 (1) (am) 2., 66.1001 (2) (h) 4., 66.1001 (3) (b), 66.1001 (3) (c), 66.10016 (3) (b), 66.10016 (4) (b),
66.10016 (5) and 66.1105 (2) (cs) of the statutes; relating to: required approvals of rezoning requests related to residential development, applications for certain approvals related to residential housing development, contents of and
consistency of local ordinances with local comprehensive plans, certain tax incremental district project costs related to residential development, and tax incremental district lifespan extension.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 59.69 (3) (a) of the statutes is amended
to read:
59.69 (3) (a) The county zoning agency may direct
the preparation of a county development plan or parts of
the plan for the physical development of the unincorporated territory within the county and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county’s
development plan. The plan may be adopted in whole or
in part and may be amended by the board and endorsed
by the governing bodies of incorporated jurisdictions included in the plan. The county development plan, in
whole or in part, in its original form or as amended, is
hereafter referred to as the development plan. To the extent that the development plan applies to unincorporated
areas of a county with the population described in s.
60.23 (34), it applies only to those unincorporated areas
that are subject to county zoning. Beginning on January 1, 2010, or, if the county is exempt under s. 66.1001

(3m), the date under s. 66.1001 (3m) (b), if the county
engages in any program or action described in s.
66.1001 (3), the development plan shall contain at least
all of the elements specified in s. 66.1001 (2).
SECTION 2. 62.23 (3) (b) of the statutes is amended
to read:
62.23 (3) (b) The commission may adopt the master
plan as a whole by a single resolution, or, as the work of
making the whole master plan progresses, may from
time to time by resolution adopt a part or parts of a master plan. Beginning on January 1, 2010, or, if the city is
exempt under s. 66.1001 (3m), the date under s. 66.1001
(3m) (b), if the city engages in any program or action described in s. 66.1001 (3), the master plan shall contain at
least all of the elements specified in s. 66.1001 (2). The
adoption of the plan or any part, amendment, or addition, shall be by resolution carried by the affirmative
votes of not less than a majority of all the members of
the city plan commission. The resolution shall refer expressly to the elements under s. 66.1001 and other matters intended by the commission to form the whole or

* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”

2025 Wisconsin Act 173
any part of the plan, and the action taken shall be
recorded on the adopted plan or part of the plan by the
identifying signature of the secretary of the commission, and a copy of the plan or part of the plan shall be
certified to the common council, and also to the commanding officer, or the officer’s designee, of any military base or installation, with at least 200 assigned military personnel or that contains at least 2,000 acres, that
is located in or near the city. The purpose and effect of
the adoption and certifying of the master plan or part of
the plan shall be solely to aid the city plan commission
and the council in the performance of their duties.
SECTION 3L. 66.1001 (1) (am) of the statutes is
renumbered 66.1001 (1) (am) 1.
SECTION 3n. 66.1001 (1) (am) 2. of the statutes is
created to read:
66.1001 (1) (am) 2. This paragraph applies only to
towns and counties.
SECTION 4. 66.1001 (2) (h) of the statutes is renumbered 66.1001 (2) (h) (intro.) and amended to read:
66.1001 (2) (h) Land-use element. (intro.) A compilation of objectives, policies, goals, maps, and programs to guide the future development and redevelopment of public and private property. In this paragraph,
determinations of the net density of lands shall exclude
only those portions of the lands that are wetlands, that
are included in a 100-year floodplain, or that are owned
by the federal government, a local governmental unit, as
defined in s. 20.931 (1) (a), or a state agency, as defined
in s. 20.931 (1) (c), and are not intended for redevelopment. The element shall contain do all of the following:
1. Contain a listing of the amount, type, intensity,
and net density of existing uses of land in the local governmental unit, such as agricultural, residential, commercial, industrial, and other public and private uses.
The element shall analyze
2. Analyze trends in the supply, demand, and price
of land, opportunities for redevelopment, and existing
and potential land-use conflicts. The element shall
contain
3. Contain projections, based on the background information specified in par. (a), for 20 years, in 5-year increments, of future residential, agricultural, commercial, and industrial land uses including the assumptions
of net densities or other spatial assumptions upon which
the projections are based. The element shall also
include
5. Include a series of maps that shows current land
uses and future land uses that indicate productive agricultural soils, natural limitations for building site development, floodplains, wetlands and other environmentally sensitive lands, the boundaries of areas to which
services of public utilities and community facilities, as
those terms are used in par. (d), will be provided in the

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2025 Assembly Bill 453
future, consistent with the timetable described in par.
(d), and the general location of future land uses by net
density or other classifications.
SECTION 5. 66.1001 (2) (h) 4. of the statutes is created to read:
66.1001 (2) (h) 4. For 20 years, in 5-year increments, identify the areas in which residential land use is
projected and, for each of these areas and increments,
specify the minimum and maximum net density of residences, expressed in residential units per acre, that will
be authorized. This subdivision does not apply to a
town or county.
SECTION 6. 66.1001 (2m) (title) of the statutes is
amended to read:
66.1001 (2m) (title) EFFECT OF ENACTMENT OF A
COMPREHENSIVE PLAN, CONSISTENCY REQUIREMENTS.
SECTION 7. 66.1001 (2m) (a) of the statutes is
amended to read:
66.1001 (2m) (a) The Notwithstanding sub. (2) (h)
4., the enactment of a comprehensive plan by ordinance
does not make the comprehensive plan by itself a
regulation.
SECTION 8. 66.1001 (3) (title) of the statutes is repealed and recreated to read:
66.1001 (3) (title) CONSISTENCY REQUIREMENTS.
SECTION 9. 66.1001 (3) of the statutes is renumbered 66.1001 (3) (a), and 66.1001 (3) (a) (intro.), as
renumbered, is amended to read:
66.1001 (3) (a) (intro.) Except as provided in sub.
(3m), beginning Beginning on January 1, 2010 the effective date of this paragraph .... [LRB inserts date], if a
local governmental unit enacts or amends any of the following ordinances, the ordinance shall be consistent
with that local governmental unit’s comprehensive plan:
SECTION 10. 66.1001 (3) (b) of the statutes is created to read:
66.1001 (3) (b) 1. An ordinance enacted or
amended under par. (a) is consistent with the comprehensive plan if the ordinance permits a land use that is
expressly identified for the land affected by the ordinance enacted or amended under par. (a) in the adopted
land use map contained in the comprehensive plan.
2. An ordinance under par. (a) is not inconsistent
with the comprehensive plan solely because it permits
additional land uses beyond those identified in the plan.
3. With regard to the comprehensive plan, in determining consistency under par. (a), only the adopted land
use map and the corresponding land use category descriptions in the comprehensive plan may be considered.
4. Subdivisions 1. to 3. do not apply to a town or
county.
SECTION 11. 66.1001 (3) (c) of the statutes is created to read:

2025 Assembly Bill 453
66.1001 (3) (c) 1. Beginning on the effective date of
this subdivision .... [LRB inserts date], if a political subdivision enacts or amends any of the ordinances under
par. (a) or adds lands by annexation or consolidation intended for residential development, the political subdivision shall do all of the following:
a. Ensure that the comprehensive plan of the political subdivision includes the material required under sub.
(2) (h) 4.
b. Ensure that the residential net density standards
specified under sub. (2) (h) 4. are incorporated into the
ordinance.
2. If a person submits to a political subdivision an
application for a permit, as defined in s. 66.10016 (1)
(a), or a request for a change to an existing zoning classification, and the submission or request is related to a residential housing development, as defined in s. 66.10016
(1) (c), and the comprehensive plan of the political subdivision does not include the material required under
sub. (2) (h) 4., the political subdivision shall amend its
comprehensive plan to include the material required under sub. (2) (h) 4. within 180 days of receiving the
application.
3. Subsection (4) does not apply to the amendment
of a comprehensive plan under this paragraph.
4. This paragraph does not apply to a town or
county.
SECTION 12. 66.1001 (3m) of the statutes is
repealed.
SECTION 13. 66.10016 (3) of the statutes is renumbered 66.10016 (3) (a) and amended to read:
66.10016 (3) (a) If a person submits a complete application for a permit related to a residential housing development meeting all existing requirements that must
be satisfied to obtain the permit at the time the application is filed, the political subdivision shall grant the application. An application is deemed complete under this
subsection paragraph if it complies with form and content requirements. As part of an application, the applicant shall certify that the lands subject to the application
are not located within a farmland preservation zoning
district, not subject to a farmland preservation agreement, and not located within an agricultural enterprise
area. An applicant that provides a false certification under this paragraph is liable for any costs incurred by the
political subdivision to reverse or remedy the rezoning
and is not entitled to recover any costs under sub. (4) (a)
or (b). An application is filed under this subsection
paragraph on the date that the political subdivision receives the application.
SECTION 14. 66.10016 (3) (b) of the statutes is created to read:
66.10016 (3) (b) 1. Notwithstanding s. 66.1001

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2025 Wisconsin Act 173
(2m) (a), and except as provided in subds. 4. and 5., sub.
(5), and s. 66.1001 (3) (c) 2., if a person submits a request for a change to a zoning classification of land that
is required to proceed with a residential housing development and all of the following are satisfied, the political subdivision shall grant the request within 90 days:
a. The proposed change is for an area identified in
the political subdivision’s comprehensive plan as projected for residential land use under s. 66.1001 (2) (h) 4.
b. The proposed change is for an area that is adjacent to or in close proximity to existing development
such that the area may be reasonably served by existing
infrastructure and public services.
c. Either the proposed minimum and maximum net
density of residences in the residential housing development falls within the minimum and maximum net density for the area specified under s. 66.1001 (2) (h) 4. for
the current 5-year increment or the comprehensive plan
does not include the material required under s. 66.1001
(2) (h) 4. and the political subdivision has not complied
with s. 66.1001 (3) (c) 2.
d. Current housing supply in the political subdivision does not meet existing housing demand or forecasted housing demand within the next 5 years, as provided in the comprehensive plan.
e. The requester certifies in writing that the proposed change is for an area that is not located within a
farmland preservation zoning district or agricultural enterprise area or subject to a farmland preservation agreement. A requester that provides a false certification under this subd. 1. e. is liable for any costs incurred by the
political subdivision to reverse or remedy the rezoning
and is not entitled to recover any costs under sub. (4) (a)
or (b).
2. In a request under subd. 1., the requester may
specify its preferences regarding any of the following:
a. The zoning classification provided in the political
subdivision’s zoning ordinance into which the land
should be reclassified.
b. Building setback requirements.
c. Lot width or frontage requirements.
d. Lot size requirements.
e. Building size or bulk requirements.
3. If a request is granted by action of subd. 1., the requester specified a zoning classification under subd. 2.
a., and the zoning classification allows the net density of
residences in the proposed residential housing development, the land subject to the request is reclassified into
that classification.
4. a. Subdivision 1. does not apply to a request that
does not identify the proposed minimum and maximum
net density of residences in the residential housing
development.
b. A request for a change to a zoning classification

2025 Wisconsin Act 173
of land that satisfies the requirements of subd. 1. may be
denied by the political subdivision if the political subdivision demonstrates that the denial is necessary to prevent a shortage in, or the overburdening of, public facilities located in the political subdivision or to address a
significant threat to the public health or safety.
c. This paragraph does not apply to lands within a
farmland preservation zoning district, lands subject to a
farmland preservation agreement, or lands within an
agricultural enterprise area, as certified by the requester
under subd. 1. e.
d. This paragraph does not apply to lands within the
extraterritorial zoning jurisdiction of a city or village, as
described under s. 62.23 (7a).
e. This paragraph does not apply to a town or
county.
5. The 90-day limit for granting a request under
subd. 1. shall be extended by the political subdivision at
the request of the person requesting a change to a zoning
classification of land.
SECTION 15. 66.10016 (4) of the statutes is renumbered 66.10016 (4) (a) and amended to read:
66.10016 (4) (a) A person aggrieved by a political
subdivision’s failure to approve an application under
sub. (3) (a) or a request under sub. (3) (b) may seek relief
through an action for mandamus as provided in ch. 783.
If the court finds that the political subdivision improperly failed to approve the application under sub. (3) (a)
or the request under sub. (3) (b), the court shall issue a
writ of mandamus ordering the political subdivision to
approve the application or request. For purposes of any
mandamus claim filed under this subsection, substantial
damages or injury shall be assumed.
SECTION 16. 66.10016 (4) (b) of the statutes is created to read:
66.10016 (4) (b) In an action for mandamus under
par. (a) based upon a political subdivision’s failure to
approve a request under sub. (3) (b), the petitioner may
recover court costs and reasonable attorney fees attributable to the failure to approve the request within the time
frame provided in sub. (3) (b) 1. or 5. of submission of
the request.
SECTION 17. 66.10016 (5) of the statutes is created
to read:
66.10016 (5) In this subsection “qualifying residential development” means a residential development that
is reasonably expected to receive sewerage and sanitary
water services from a public utility and that is not reasonably believed to be environmentally contaminated.
If a political subdivision issues a request for proposals
for a qualifying residential development that specifies

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2025 Assembly Bill 453
minimum and maximum net density of residences in the
development that are within the densities specified for
the area in the political subdivision’s comprehensive
plan, and no person responds to the request by the date
provided in the request for submissions, sub. (3) (b) does
not apply in that political subdivision for one year after
the last date on which responses were to be accepted. A
response under this subsection includes a response that
does not include a qualifying residential development
proposal if the response is from a person with the capability to construct a qualifying residential development
in the requesting political subdivision and the response
explains with specificity the person’s economic reasons
for not submitting a proposal. This subsection does not
apply to a town or county.
SECTION 18. 66.1002 (2) (intro.) of the statutes is
amended to read:
66.1002 (2) MORATORIUM ALLOWED. (intro.) Subject to the limitations and requirements specified in this
section, a municipality may enact a development moratorium ordinance if the municipality has enacted a comprehensive plan, is in the process of preparing its comprehensive plan, or is in the process of preparing a significant amendment to its comprehensive plan in response to a substantial change in conditions in the municipality, or is exempt from the requirement as described in s. 66.1001 (3m), and if at least one of the following applies:
SECTION 19. 66.1105 (2) (cs) of the statutes is created to read:
66.1105 (2) (cs) “Newly platted residential development” means residential development on a parcel that
has not previously been the site of permanent structures
other than structures used solely for agricultural
purposes.
SECTION 20. 66.1105 (6) (g) 1. (intro.) of the
statutes is amended to read:
66.1105 (6) (g) 1. (intro.) After the date on which a
tax incremental district created by a city pays off the aggregate of all of its project costs, and notwithstanding
the time at which such a district would otherwise be required to terminate under sub. (7), a city may extend the
life of the district for one year up to 2 years if the city
does all of the following:
SECTION 21. Initial applicability.
(1) This act first applies to an application for a permit, as defined in s. 66.10016 (1) (a), or a request for rezoning made on the effective date of this subsection.
SECTION 22. Effective date.
(1) This act takes effect on January 1, 2028.

2025 - 2026 LEGISLATURE

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2025 SENATE BILL 480

October 2, 2025 - Introduced by Senators FEYEN, MARKLEIN and CABRAL-GUEVARA,
cosponsored by Representatives ARMSTRONG, B. JACOBSON, BROOKS,
DITTRICH, GOEBEN, K ITCHENS, KNODL, KREIBICH, MURPHY, O'CONNOR,
PENTERMAN, RIVERA-WAGNER, SUMMERFIELD, TRANEL and PALMERI. Referred
to Committee on Insurance, Housing, Rural Issues and Forestry.

1
2

AN ACT to amend 66.1105 (4) (gm) 4. c.; to create 66.1105 (21) of the statutes;
relating to: residential tax incremental districts.

Analysis by the Legislative Reference Bureau
This bill allows cities and villages to designate tax incremental districts
(TIDs) as residential TIDs, which under the bill would be subject to a different rule
regarding the maximum equalized value of taxable property that may be contained
in the TID than would apply to other TIDs.
TIF generally
Under current law, cities and villages may use tax incremental financing
(TIF) to encourage development in the city or village. In general, under TIF, a city
or village pays for improvements in a TID and then collects tax moneys attributable
to all taxing jurisdictions on the increased property value in the TID for a certain
period of time to pay for the improvements. Ideally, after that period of time, the
city or village will have been repaid for its initial investment and the property tax
base in the TID will have permanently increased in value.
In general and in brief, a city or village makes use of TIF using the following
procedure:
1. The city or village designates an area as a TID and creates a project plan
laying out the expenditures that the city or village will make within the TID, and
the designation and project plan are approved by representatives of the other taxing
jurisdictions (joint review board).

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SENATE BILL 480
2. The Department of Revenue establishes the “base value” of the TID. This
value is the equalized value of all taxable property within the TID at the time of its
creation.
3. Each year thereafter, the “value increment” of the property within the TID
is determined by subtracting the base value from the current value of property
within the TID. The portion of taxes collected on any positive value increment (the
tax increment) is collected by the city or village for use solely for the project costs of
the TID. Tax increments collected by the city or village include taxes that would
have been collected by other taxing jurisdictions, such as counties or school
districts, if the TID had not been created.
4. Tax increments are collected until the city or village has recovered all of its
project costs or until the TID reaches its statutory termination date.
Residential TIDs
This bill allows a city or village to create a residential TID. To create a
residential TID, the local legislative body must adopt a resolution finding all of the
following:
1. That all project costs of the TID are related to residential developments
that satisfy certain limits related to type of residences developed, setbacks, lot sizes,
and structure sizes.
2. That all project costs of the TID are for the construction or improvement of
infrastructure necessary for residential development within the TID.
3. That all project costs of the TID will be paid directly from tax increments or
financed by a developer.
Under current law, when creating a new TID or amending a TID, a city or
village must make a finding that the equalized value of taxable property of the new
or amended TID, plus the value increment of all existing TIDs in the city or village,
does not exceed 12 percent of the total equalized value of taxable property in the
city or village.
Under this bill, a residential TID is not subject to this 12 percent rule.
However, residential TIDs are subject to a separate, but similar 3 percent rule.
That is, when creating a new residential TID or amending a residential TID, a city
or village must make a finding that the equalized value of taxable property of the
new or amended residential TID, plus the value increment of all existing residential
TIDs in the city or village, does not exceed 3 percent of the total equalized value of
taxable property in the city or village.
Currently, a city or village generally may amend the project plan of a TID with
the approval of the joint review board. Under this bill, with regard to a residential
TID, a project plan may not be amended to increase the project costs of the TID later
than 10 years before the unextended termination date of the TID except upon
unanimous vote of the joint review board. The bill also specifies that a residential
TID may not be a donor or recipient TID. That is, tax increments generated by the
residential TID may not be used to pay project costs for another TID and tax

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SENATE BILL 480

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SECTION 1

increments generated by another TID may not be used to pay a residential TID’s
project costs.
Because this bill may increase or decrease, directly or indirectly, the cost of the
development, construction, financing, purchasing, sale, ownership, or availability of
housing in this state, the Department of Administration, as required by law, will
prepare a report to be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1

SECTION 1. 66.1105 (4) (gm) 4. c. of the statutes is amended to read:

2

66.1105 (4) (gm) 4. c. Except as provided in subs. (10) (c), (16) (d), (17), (18) (c)

3

3., (20) (b), and (20m) (d) 1., and (21) (g), the equalized value of taxable property of

4

the district plus the value increment of all existing districts does not exceed 12

5

percent of the total equalized value of taxable property within the city.

6

determining the equalized value of taxable property under this subd. 4. c., the

7

department of revenue shall base its calculations on the most recent equalized

8

value of taxable property of the district that is reported under s. 70.57 (1m) before

9

the date on which the resolution under this paragraph is adopted.

10

department of revenue determines that a local legislative body exceeds the 12

11

percent limit described in this subd. 4. c., the department shall notify the city of its

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noncompliance, in writing, not later than December 31 of the year in which the

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department receives the completed application or amendment forms described in

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sub. (5) (b).

In

If the

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SECTION 2. 66.1105 (21) of the statutes is created to read:

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66.1105 (21) RESIDENTIAL TAX INCREMENTAL DISTRICTS. (a) A city may create

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a tax incremental district as a residential tax incremental district if all of the

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following apply:

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1. The local legislative body adopts a resolution assigning a name to the

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district for identification purposes. The first district created under this subsection

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shall be known as “Residential Tax Incremental District Number One, City of ....”

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Each subsequently created residential tax incremental district shall be assigned

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the next consecutive number.

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2. The local legislative body adopts a resolution finding all of the following:

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a. The project plan complies with par. (b).

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b. All project costs are for expenditures authorized under par. (c).

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c. All project costs will be paid directly under sub. (9) (a) 1. or financed by a

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developer.

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d. The equalized value of taxable property of the residential tax incremental

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district plus the value increment of all existing residential tax incremental districts

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does not exceed 3 percent of the total equalized value of taxable property within the

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city.

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3. The clerk of the local legislative body certifies the resolution under subd. 2.

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and forwards a copy of the certified resolution to the department of revenue and the

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joint review board.

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4. The joint review board approves the creation of the tax incremental district
as a residential tax incremental district.

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5. The city establishes in the resolution under subd. 2. or by ordinance all of

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the following with regard to residential developments that meet the requirements

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under par. (b) within the district:

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a. The maximum amount of development-related fees that may be charged by
the city for a development.

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b.

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development.

The architectural and construction requirements that will apply to a

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(b) All public works, improvements, and project costs included in the project

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plan for a residential tax incremental district shall be related to residential

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developments that satisfy all of the following:

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1. The development consists entirely of single-family or 2-family residences
that are owner-occupied.

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2. The lot size of each single-family residence is less than 7,500 square feet.

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3. The lot size of each 2-family residence is 15,000 square feet or less.

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4. The lot width of each residential lot is 70 feet or less.

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5. No side setback is greater than 10 feet

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6. No single-story residence is larger than 1,500 square feet.

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7. No 2-story residence is larger than 2,000 square feet.

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(c) Notwithstanding sub. (2) (f), project costs for a residential tax incremental

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district may include only costs, including financing costs, related to the construction

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or improvement of infrastructure necessary for residential developments within the

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district. Project costs for a residential tax incremental district may include costs

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related to stormwater only to the extent that the costs are for improvements related

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to providing service to the entire residential tax incremental district and not to

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individual lots.

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(d) 1. All project costs for a residential tax incremental district shall be paid

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directly under sub. (9) (a) 1. from tax increments generated by the residential tax

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incremental district or financed by a developer.

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4

2. All payments made by a city to a developer for financing a residential tax
incremental district shall be made under sub. (9) (a) 1.

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(e) Notwithstanding sub. (4) (h) 1. and (4m) (a), with regard to a residential

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tax incremental district, a project plan may not be amended to increase the project

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costs of the district later than 10 years before the unextended termination date of

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the district except upon unanimous vote of the joint review board.

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(f) Notwithstanding sub. (6) (d), (e), or (f), a residential tax incremental

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district may not become a donor district or receive tax increments from a donor

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district.

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(g) None of the following apply to a residential tax incremental district:

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1. Subsection (4) (gm) 3., 4. a. and bm., and 6.

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2. The 12 percent limit described under sub. (4) (gm) 4. c.

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(END)

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Trustee Memo
Meeting Date: 5-13-26
Memo Date: 5-7-26
To: Plan Commission, Village Board
From: Cindi Kelm-Nelson, Village President
Subject: Data Center Update and Feedback
Background/Overview
Data centers, specifically hyperscale data centers, are being proposed across our state as demand
grows for AI, cloud computing, storage, and additional network infrastructure. While these facilities may
provide notable economic development opportunities for communities and support emerging
technologies, they also introduce significant zoning, environmental, infrastructure, and public policy
challenges that our Village, and surrounding areas, must carefully evaluate.
These facilities are among the most energy intensive forms of land use, often requiring many acres of
land, hundreds of megawatts of electrical capacity, and sometimes substantial water resources for
cooling systems. Their development can place strain on existing utility infrastructure and rate payers
and may necessitate major upgrades, including new substations, transmission corridors, and additional
generation capacity. Across Wisconsin, communities are grappling with how to responsibly evaluate
and regulate these proposals while balancing economic benefits with long term, irreversible community
impacts. It is my opinion that we need to make sure we have the appropriate tools, policies, and
expertise to responsibly evaluate data centers.
As a representative of Dane County Cities and Villages, I was appointed to serve on the Dane County
Advisory Committee on Data Centers (ACDC). The committee was established earlier this year to
conduct a comprehensive fact-finding review of hyperscale data center development and provide
recommendations regarding best practices, regulatory considerations, and regional impacts. The ACDC
anticipates spending a full year conducting research and developing recommendations.
The ACDC is currently evaluating a long list of issues, including:
1. Energy consumption and emissions impacts, including effects on local utilities, ratepayers, air
quality, climate goals, and carbon reduction efforts.
2. Electrical transmission and distribution infrastructure needs, including potential new substations,
transmission corridors, and impacts on land use, reliability, and the environment.
3. Water usage and sustainability, including impacts on groundwater, watersheds, agriculture,
municipal systems, and residential users.
4. Noise, lighting, visual impacts, and broader community character concerns associated with
large scale industrial facilities.
5. Emergency response and public safety considerations, including fire suppression, hazmat
response capabilities, and security concerns.
6. Economic and fiscal impacts, including tax base growth, employment opportunities, and
secondary development potential.
7. Land use compatibility, farmland preservation, environmental protection, and consistency with
long range planning goals.
8. Facility lifespan and future decommissioning considerations given rapidly evolving technology
and infrastructure demands.
9. Intergovernmental coordination and regional consistency in evaluating and siting facilities.
10. Regulatory authority and policy tools available to local governments for establishing standards
and development criteria.

Village of Cottage Grove, WI

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My approach to this work focuses on the following core questions:
 What are the key implications for Villages and their surrounding communities?
 What questions should municipalities be prepared to ask when evaluating proposals?
 What standards and policies are necessary to responsibly manage this type of development?
 How do we ensure long term sustainability, infrastructure reliability, decommissioning, and
community compatibility?
Trustee Request/Recommendation
Given the rapidly evolving nature of hyperscale data center development, the unresolved infrastructure
and environmental considerations, and the absence of clear local and regional standards, I recommend
the Village Board eventually consider, pending legal advice, adopting a temporary 12 to 18-month
moratorium on hyperscale data center development proposals.
A temporary pause would provide the Village with sufficient time to review findings and
recommendations from the ACDC, evaluate potential impacts to utilities and infrastructure in our
Village, coordinate with area and regional partners, and develop thoughtful zoning, land use, utility, and
development standards that protect the long-term interests of Cottage Grove.
Importantly, my recommendation is not intended to oppose innovation or economic development, in fact
the Village Board approved an “open for business” initiative at the 5-4-26 meeting, but rather we need
be prepared to responsibly evaluate projects of this scale and complexity before data center
development applications are considered here.
First steps would include discussion with the Plan Commission and Village Board, followed by legal
review, a public hearing process, and eventual formal adoption.
Attachments
1. ACDC Resolution
2. Data Center Guidebook
3. DataCenter101.pdf
4. Data Center Basics
5. Wisconsin Local Government and Data Centers
6. The Local Impact of Data Centers with Julie Bolthouse
7. Manitowoc County Board approves 18-month data center moratorium
8. Wisconsin regulators: Data centers must cover full cost of their energy needs
9. http://captimes.com/opinion/editorials/editorial-dane-county-should-put-a-moratorium-on-datacenters/article_91a3fae2-53bd-4677-83d4-38b43b0d6513.html
10. https://isthmus.com/news/news/what-to-do-if-a-large-data-center-comes-knocking/

Village of Cottage Grove, WI

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